Journal of the House of Lords: Volume 12, 1666-1675. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 7 die Junii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
|His Royal Highness the Duke of Yorke.|
Epus. Cov. et Litch.
Epus. Bath & Wells.
Ds. Finch, Ds. Custos Magni Sigilli.
Ds. Thesaurarius Angliæ.
Ds. Custos Privati Sigilli.
Marq. (fn. 1) Worcester.
Comes Marescallus Angliæ.
Ds. Arundell W.
Ds. Grey Wark.
Ds. Howard Esc.
Ds. Gerard B.
Ds. Berkeley Strat.
Ds. Arundell de Trer.
Ds. Butler M. Park.
Ds. Grey de Rolest.
King's Speech considered.
The Lords, taking into Consideration that Part of His Majesty's Speech to both Houses of Parliament on Saturday last, concerning some Persons that endeavoured to make a Difference between the Houses, made this Declaration following:
"This House doth unanimously declare, That they are of Opinion, That no Member of this House hath done any Thing contrary to his Duty, or any Way contributed to the contriving or widening the Difference between the Two Houses."
Black Rod examined upon Oath, about demanding Sir J. Churchill & al. of the Lieut. of The Tower.
Next, the Gentleman Usher of the Black Rod had his Oath given him at the Bar; and his own Paper under his Hand shewed unto him, and read, containing the Narrative which he gave the House, of his serving the Order of this House, on Friday the 4th of June Instant, upon Sir John Robinson Lieutenant of The Tower of London, for demanding the Persons of Serjeant Peck, Sir John Churchill, Serjeant Pemberton, and Charles Porter Esquire, then in his Custody.
And he owning the Matter in that Paper to be true in Matter of Fact, the House took this Business into Consideration, and made the following Declaration:
Declaration against the Lieut. of The Tower.
"The Lords Spiritual and Temporal in Parliament assembled do declare, That Sir John Robinson the Lieutenant of The Tower his detaining of Serjeant Peck, Sir John Churchill, Serjeant Pemberton, and Charles Porter Esquire, contrary to the Oder of this House, is against the Duty of his Place, and the Law of the Land; the said Persons not being committed according to Law."
Lord Keeper to issue Writs of Habeas Corpus for Sir J. Churchill & al. Crispe's Counsel.
ORDERED, That the Lord Keeper of the Great Seal of England do require the Cursitors to prepare several and respective Writs of Habeas Corpus, to be sealed by the Lord Keeper, and directed to the Lieutenant of The Tower, and returnable into the House of Peers, for the bringing the Bodies of Edward Peck Serjeant at Law, Sir John Churchill Knight, Francis Pemberton Serjeant at Law, and Charles Porter Esquire Counsellor at Law, with the Cause of their Commitment, to the Bar of the House of Peers, To-morrow Morning, by Ten of the Clock; and that the Serjeant at Arms attending this House, or his Deputy, be, and is hereby, required to carry the said Writs to the Lieutenant of The Tower, for that Purpose.
Message from H. C. with Bills.
A Message was brought from the House of Commons, by Sir John Malet and others; which consisted of these Particulars:
1. To present a Bill for Payment of the Debts of Charles late Lord Viscount Killmurray, and for raising Portions for Biron Nedham and Charles Nedham, Two of his Younger Sons; to which their Lordships Concurrence is desired.
2. To return a Bill concerning the selling of Mr. Cotton's Estate; wherein they have agreed, with some Amendments, wherein they desire their Lordships Concurrence.
Topham, late Serjeant to H. C. to be attached.
ORDERED, That the Gentleman Usher of the Black Rod attending this House, or his Deputy, do forthwith attach the Body of John Topham Gentleman, late Serjeant at Arms attending the House of Commons, for having seized and taken into Custody Mr. Serjeant Peck, Sir John Churchill, Mr. Serjeant Pemberton, and Mr. Charles Porter, contrary to the Order and Protection of this House granted to them, and shewed to him, and bring him the said John Topham in safe Custody to the Bar of this House; and this shall be a sufficient Warrant on that Behalf.
To the Gentleman Usher of the Black Rod his Deputy and Deputies, and to all Mayors, Sheriffs, Bailiffs, Constables, and other His Majesty's Officers, to be aiding and assisting in the Execution hereof.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, octavum diem instantis Junii, hora decima Aurora, Dominis sic decernentibus.