House of Lords Journal Volume 13: 2 March 1678

DIE Sabbati, 2 die Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir Scroope How versus Mason.

Upon Complaint made to this House, "That Sir Scroope How having brought his Action against John Mason, a Carpenter, for selling Timber in his Ground, the Earl of Rutland hath entertained the said John Mason as his Servant since the said Action brought, whereby he is privileged against the said Action," it appearing, by the Oath of Hugh Corington, "That the said John Mason works at his Trade for the Earl of Rutland, or any Man else, by the Day Work, and receives his Wages Weekly, and lives and diets in his own House in Barkeston:"

E. of Rutland's Protection to Mason not allowed.

It is thereupon ORDERED, That all Privilege claimed by the said John Mason upon Pretence of his being the Earl of Rutland's Servant be, and is hereby, discharged and taken off, to the End the said Sir Scroope How may proceed at Law, as he shall see Cause.

Scudamore versus Morgan, James, & al.

Whereas this Day was appointed to hear Counsel, at the Bar, upon the Petition of John Scudamore Esquire, and the Answers of John Morgan, William James, Peter Grenow, and others, depending in this House; it being moved, on the Behalf of the said John Scudamore, "That Mr. Keck, Mr. Perter, and Mr. Phillips, may be assigned Counsel for him in the said Cause:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel on both Parts, at the Bar, in the said Cause, on Monday next, being the Fourth Day of this Instant March, at Ten of the Clock in the Forenoon; and that Mr. Keck, Mr. Porter, and Mr. Phillips, and such other Counsel as have taken Fees of the said John Scudamore for the Hearing intended to have been this Day had, are hereby assigned to be of Counsel for the said John Scudamore, for the hearing the said Cause on Monday next.

Norden versus Levet, in Error.

Whereas, by virtue of His Majesty's Writ of Error returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this Court on the Sixteenth Day of July last, with the Transcript thereof, wherein Judgement is entered for John Norden Gentleman, against William Levet Gentleman; upon which Writ Errors being assigned, and Issue joined, and this Day given to hear the said Errors argued:

Upon hearing Counsel at the Bar, after due Consideration had by this Court of what was offered on either Part thereupon, the Lords Spiritual and Temporal in Parliament assembled do order and adjudge, That the Judgement of the Court of King's Bench, given for the said John Norden, recited in the Transcript to the said Writ of Error annexed, be, and is hereby, affirmed; and that the said Writ of Error and Transcript annexed be remitted to the Court of King's Bench, to the End the said John Norden may have Execution upon the said Judgement, in like Manner as if no such Writ of Error had been brought into this Court.

Smith, for contemptuous Words against the Parliament.

Upon reading the Petition of Aaron Smith, now in the Custody of the Serjeant at Arms attending this House, for uttering dangerous and seditious Words against the Being of the Parliament, denying that ever any such Matter came into his Thoughts, and praying that he may be delivered from his Restraint and the Displeasure of this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Serjeant at Arms be, and is hereby, required to bring the said Aaron Smith to the Bar of this House on Tuesday next, being the Fifth Day of this Instant March, at Ten of the Clock in the Forenoon: And this shall be a sufficient Warrant on that Behalf.

To Sir Geo. Charnock Knight, Serjeant at Arms attending this House, his Deputy and Deputies, and every of them.

Witnesses against him to attend.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. John Platt, Mr. John Robinson, and Mr. George Betts, be, and are hereby, required to appear at the Bar of this House on Tuesday the Fifth Instant, at Ten of the Clock in the Forenoon, to give Evidence of what they know concerning seditious Words heretofore sworn to be uttered by Aaron Smith against the Being of the Parliament, for which the said Aaron Smith is then to be brought to the Bar; and hereof they may not fail, as they will answer the contrary to this House.

Habeas Corpus, for Prisoners to be brought before the Committee for Prisons.

Whereas the Lords Committees appointed to examine the State of the Security of the Prisoners in the Prisons of The King's Bench and Fleete, &c. did, according to the Power given them, require the Marshal of The King's Bench and the Warden of The Fleete to bring before the Lords Committees some Persons now Prisoners in their respective Custodies:

This House being moved, on the Behalf of the said Marshal and Warden, "That, for Indemnity, His Majesty's Writs of Habeas Corpus may be issued out, for their bringing out of such of the said Prisoners as are under Execution in either of the said Prisons;" it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Writs of Habeas Corpus be issued to the Marshal of The King's Bench Prison, for bringing the Bodies of George Philips, Robert Blake, Benjamine Andrewes, and Anne Mosely, before the House of Peers, on Tuesday the Fifth of March Instant, at Ten of the Clock in the Forenoon; and also that His Majesty's Writ of Habeas Corpus in like Manner be issued to the Warden of The Flcete, for bringing the Body of William Benson before the House of Peers at the Time aforesaid.

E. of Shaftesbury, Privilege. Cowper versus Hustwhat.

Upon Complaint made to this House, "That Mr. John Cowper, menial Servant to the Earl of Shaftesbury, a Peer of this Realm, was arrested, within the Time of Privilege, at the Suit of Anne Hustwhat Spinster;" and upon hearing the said Anne Hustwhat this Day at the Bar:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Privileges, to examine the whole Matter of the Case between the said Anne Hustwhat and John Cowper, and whether their Lordships find any Precedent of Privilege granted in the like Case, and make Report unto the House.

E. of Pembroke's Trial.

ORDERED, That all the Assistants now present, videlicet, the Lord Chief Justice of the Court of Common Pleas, the Lord Chief Baron, Baron Thurland, and His Majesty's Attorney General, do assist the Lords Committees for Privileges, in the Consideration of the Manner of the Trial of the Earl of Pembrooke.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 4^tum diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.