House of Lords Journal Volume 14: 15 May 1689

DIE Mercurii, 15 die Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

M. de Halyfax Speaker pro Tempore.

Bathurst's Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable Theodore Bathurst to make a Jointure for his Wife, and to raise Daughters and Younger Sons Portions, and Payment of his Debts, on Part of his Estate in Yorkeshire."

Message to H. C. for a Conference on the Commissioners of the Great Seal Bill; and that they agree to Coventry House Bill.

A Message was sent to the House of Commons, by Sir Miles Cooke and Mr. Meredith:

To desire a present Conference, in the Painted Chamber, touching the Amendments sent up by the Commons, in the Bill for enabling the Commissioners of the Great Seal to execute the Office of the Lord Chancellor or Lord Keeper.

2. To let the Commons know, that this House hath passed the Bill concerning the Message at Piccadilly.

The Lord Cornwallis reported the Reasons to be offered at the Conference, why this House do not agree to some of their Amendments in the Bill concerning the Commissioners of the Great Seal.

Which were Agreed to.

Answer from H. C.

The Messengers returned with this Answer:

That the Commons will give a present Conference, as is desired.

The Commons being ready for the Conference, this House was adjourned during Pleasure; and the Lords and the Managers of the Conference went into the Painted Chamber.

Judgement against the E. of Devon reversed.

Upon Report from the Lords Committees for Privileges; who were of Opinion, "That the Proceedings against the Earl of Devon in the Court of King's Bench, in Easter Terme, in the Third Year of King James the Second, upon an Information for an Assault upon Mr. Culpeper, wherein his Lordship's Plea of Privilege of Parliament was over-ruled, and he was fined Thirty Thousand Pounds, and thereupon committed to The King's Bench in Execution, were great Violations of the Privileges of the Peers of this Realm:"

After hearing the Record of the Court of King's Bench, wherein the Judgement against the Earl of Devon is entered, read, and also Sir Robert Wright, Sir Richard Holloway, and Mr. Justice Powell, (who gave the Judgement against the said Earl of Devon) what they could say for themselves to justify their Proceedings; and Notice having been given to the King's Counsel, to the End that they might attend if they had any Thing to offer, whether a Peer of this Realm might by Law be committed in Execution for a Fine, the said Counsel did accordingly give their Attendance, (after a Week's Notice) but did offer nothing therein:

After full Consideration had of the several Cases and Precedents wherein the Privileges of the Peers have been concerned; the Lords Spiritual and Temporal in Parliament assembled do declare and adjudge, That the Court of King's Bench, in over-ruling the Earl of Devon's Plea of Privilege of Parliament, and forcing him to plead over in Chief, it being within the usual Time of Privilege, did thereby commit a manifest Breach of the Privilege of Parliament; and that the Fine of Thirty Thousand Pounds imposed by the Court of King's Bench upon the Earl of Devon was excessive and exorbitant, against Magna Charta, the Common Right of the Subject, and the Law of the Land; and that no Peer of this Realm at any Time ought to be committed for the Non-payment of a Fine to the King.

Upon reading the Petition of James Percy:

Percy's Petition.

It is ORDERED, That it be, and is hereby, referred to the Lords Committees for Privileges, to consider thereof, and of the several Reflections in it, and what is fit to be done to prevent Disturbance by the said James Percy, who hath so often troubled the House in this Matter; and to report to the House.

Adjourn.

Marq. de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 16^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.