House of Lords Journal Volume 4: 16 December 1640

DIE Mercurii, videlicet, 16 die Decembris.

PRAYERS.

L Chamberlain excused.

Lord Chamberlain excused for his Absence.

James versus Sawyer.

This Day the Earl of Dover reported to the House, That the Lords Committees for Petitions have considered of the Petition of Ann James, Widow; and do find, That Sir Edmond Sawyer, Baronet, doth owe unto the said Mrs. James, upon Bond, the Sum of Five Hundred Pounds, Principal Debt, besides Use, ever since December 1638, and forbeareth to pay the said Debt, being often demanded, because he is under a Protection Royal, by which Means the said Ann James is debarred of any legal Course to recover what is justly due unto her. The said Sir Ed. Sawyer, being called before the Lords Committees, could not make any just Defence; and it appearing to be his own proper Debt, the Lords Committees did Order, That the said Ann James should take the Benefit of Law, to proceed against the said Sir Edmond Sawyer, for the recovering of her said just Debt, in any Court that she shall think best, notwithstanding the said Protection, or the Privilege that he hath, or may claim, as an Officer in the Exchequer; but that he the said Sir Edmond Sawyer shall answer her the said Ann James, in any such Court where she shall sue him, as any common Person whatsoever. All which this House doth now Order accordingly; but this Order is not to be delivered to the Complainant, until the Lord Keeper hath made His Majesty first acquainted therewith.

L Mountague, & al. Privilege touching Recusancy.

Whereas it was Ordered Yesterday, that the Indictments preferred against the Lord Viscount Mountague, and some Peers of this Realm, for Recusancy, contrary to the Privilege of Parliament, being done in Time of Parliament, should be stopped, and no further Proceedings to be therein during the Privilege of Parliament; it was this Day further Ordered by this House, That the said Indictments be brought by Writ of Certiorari into the King's Bench, and that Mr. Attorney General do enter upon the Roll a Non pres. to that which concerneth the Privileges of the Peers, to the Intent that they, their Wives, Children, and menial Servants, may be allowed the Privileges during the Time of Parliament, and Twenty Days after every Session; and, if in Case the Judges do find out any other Way which is as effectual, and as safe as the aforesaid, then to acquaint the House therewith, and to receive Directions of the House therein; and then the said Judges are to take it, and proceed therein.

Report of the Treaty with the Scots.

The Earl of Bristoll, by Command from the Lords Commissioners, gave the House an Account how far their Lordships have proceeded in the Matter of the Treaty with the Scottish Commissioners, and withall declared the Wants which the Scottish Army is in at this Time, by reason that Monies are not sent them according to Agreement, and other Necessities which they suffer, as were expressed in a Paper read in the House, which was sent from the Scottish Army to their Commissioners: Which Matters the House thought fit to be propounded at a Conference with both Houses. To that Purpose the Two Chief Justices were sent to the House of Commons, with a Message to this Effect:

Message to the Commons, for a Conference about it.

That the Lords do desire a Conference with the House of Commons, with a Committee of both Houses, presently, in the Painted Chamber, if it stands with their Conveniency, about the weighty Business concerning the Scottish Affairs.

Answer.

The House of Commons return this Answer: That they are now debating of a weighty Business; but will send an Answer, by Messengers of their own, in convenient Time.

Committee for the Northern Business.

Ordered, That the Lords Committees for the Northern Affairs are to meet on Friday next.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens, Parliamentum continuandum esse usque in diem Jovis, videlicet, 17^m diem instantis Decembris, hora nona, Dominis sic decernentibus.