DIE Jovis, 23 Novembris.
Domini tam Spirituales quam Temporales præsentes
Epus. St. David's.
Epus. St. Asaph.
Joh'es Sommers Miles, Ds. Custos Magni Sigilli.
Ds. Custos Privati Sigilli.
|Ds. Willoughby Er.|
Ds. Berkeley Ber.
Their Majesties Servants, this House not to receive any Petition for protecting them:
A Debate arose, "Whether this House shall receive
any Petition for protecting Their Majesties Servants?"
And this Question was proposed, "Whether it shall
be resolved, and ordered, That this House will not
receive any Petition for protecting Their Majesties
Servants; and that this Order be added to the Roll
of Standing Orders?"
Then this Question was put, "Whether these
Words shall be added to the Question, ["in
Cases where they can have Relief elsewhere"]?"
It was Resolved in the Negative.
Then the main Question was put,
And it was Resolved in the Affirmative.
It is Resolved, and this Day ORDERED, by the Lords
Spiritual and Temporal in Parliament assembled, That
this House will not receive any Petition for protecting
Their Majesties Servants; and that this Order be added
to the Standing Orders of this House.
Protest against it.
"Against which Order, the Lords whose Names
are subscribed do enter their Protestations,
for these Reasons:
"1. That it hath been usual in all Times to relieve
the King's Servants, in these Cases, upon their Petition in Parliament.
"2. That this Order seemed to us to be grounded
upon a Mistake; which was, That the King's Servants
in Ordinary were relievable otherways; that is, the
Servants above Stairs, by the Lord Chamberlain;
and those below, by the Lord Steward and the Board
of Greencloth: Which is found impracticable; for
neither the Lord Chamberlain's Order nor the Order
of the Board of Greencloth can discharge any of the
King's Servants that are imprisoned for Debt: All
that they have ever done, or can do, is to commit
those who do arrest them to safe Custody, who may
redeem themselves (and have often done) by Habeas
Corpus the next Day, and consequently the Servant
left without Remedy.
"3. Whereas it hath been suggested, that at least
Four Hundred of the King's Servants may claim Freedom from Arrests, and consequently this House be
too much burthened with their Petitions; that Number seems to comprehend the Extraordinary Servants
also, who claim no Privilege, and are declared by an
Order of Council, made in King Charles the Second's
Time, to be incapable of Protection from their just
Debts: Whereas the Servants in Waiting are a far
less Number; and Experience hath shewed us, that
this House hath not been troubled with above Two
or Three of their Petitions, at most, in any One Session.
Expunged by Vote the 30th of November.
"4. It seems unreasonable to us, that the King (who
is the Head of the Parliament) should have His Servants in Ordinary taken from Him, more than is suffered to any Member of either House of Parliament.
"Norfolke & Marshall.
"Edw. Wigorn. Jo. Oxon.
Fox versus Harcourt, in Error.
Whereas there is a Writ of Error depending in this
House, wherein John Fox is Plaintiff, and Symon Harcourte Defendant, upon which Errors are assigned and
It is this Day ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That this House will
hear the Errors argued, upon the said Writ of Error, on
Tuesday the Twelfth Day of December next, at Ten of
the Clock in the Forenoon.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, (videlicet,) vicesimum quartum diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.