House of Lords Journal Volume 12
19 May 1675

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1767-1830

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'House of Lords Journal Volume 12: 19 May 1675', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 697-699. URL: http://www.british-history.ac.uk/report.aspx?compid=12913 Date accessed: 29 November 2014.


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DIE Mercurii, 19 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. Durham.
Epus. Winton.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Rochester.
Epus. Exon.
Epus. Ely.
Epus. Bristol.
Epus. Bangor.
Epus. Oxon.
Epus. Chichester.
Epus. Landaff.
Dux Cumberland.
Ds. Finch, Ds. Custos Magni Sigilli.
Ds. Thesaurarius Angliæ.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Albemarle.
Marq. Winton.
L. Great Chamberlain.
Comes Marescallus Angliæ.
L. Steward.
Comes Bedford.
Comes Suff.
Comes Dorsett.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Devon.
Comes Denbigh.
Comes Bollingbrooke.
Comes Manchester.
Comes Berks.
Comes Dover.
Comes Petriburgh.
Comes Stamford.
Comes Winchilsea.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Ailesbury.
Comes Burlington.
Comes Shaftsbury.
Comes Powis.
Comes Guildford.
Comes Midd.
Vicecomes Hereford.
Vicecomes Say & Seale.
Vicecomes Stafford.
Vicecomes Fauconberg.
Vicecomes Mordant.
Vicecomes Hallyfax.
Vicecomes Yarmouth.
Vicecomes Newport.
Ds. Awdley.
Ds. Berkeley.
Ds. Fitzwalter.
Ds. Stourton.
Ds. Windsor.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. Petre.
Ds. Arundell de Ward.
Ds. Tenham.
Ds. Grey de Wark.
Ds. Maynard.
Ds. Mohun.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Carington.
Ds. Widdrington.
Ds. Ward.
Ds. Colepeper.
Ds. Astley.
Ds. Lucas.
Ds. Bellasis.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Langdale.
Ds. Berkeley de Strat.
Ds. Holles.
Ds. Delamer.
Ds. Frechevile.
Ds. Arundell de Trer.
Ds. Butler de M. Park.
Ds. Duras.
Ds. Grey de Roleston.

PRAYERS.

Sir Francis Compton's Bill.

The Earl of Berks reported, "That the Committee have considered the Bill for enabling Sir Francis Compton to sell Land, and have heard all Persons therein concerned; upon which, the Committee are of Opinion, That the said Bill is fit to pass as it is."

Then,

Hodie 3a vice lecta est Billa, "An Act to enable Sir Francis Compton to make Sale of the Manor of Hammerton, in the County of Huntington."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

The same Lords that reported the last Conference with the House of Commons are appointed to report this Conference the Lords are going to.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference concerning Sherley and Fagg.

The Lord Keeper reported the Effect of the Conference; which was managed by Mr. Powle, who said, "That the House of Commons had desired this Conference upon the Subject-matter of the Message which the Lords sent to them the 14th of May, concerning the Warrant for apprehending of Dr. Thomas Shirley; to which that House had returned Answer, That they would consider of it; and they found great Cause so to do, it being a strange and unusual Message, and that for these Reasons following:

"1. For that this Message is by Way of Interrogatory upon the Proceedings of the House of Commons, in a Case concerning the Privilege of a Member of that House, of which they are proper Judges.

"2. For that the Matter of the Message carries in it an undue Reflection upon the Speaker of the House of Commons.

"3. For that the Matter of the Message doth also highly reflect upon the whole House of Commons, in their Lordships questioning that House concerning their own Orders; which they have the more Reason to apprehend, because, the Day before the Message was brought to them, the Warrant was owned, by the Complaint of the House of Commons to their Lordships, that the same was taken and detained from a Servant of theirs by a Peer; which imports that the Question in that Message could not be for Information only, and so tends to interrupt that mutual good Correspondency which ought to be preserved inviolably between the Two Houses of Parliament.

"Then Sir Thomas Lee added, That the House of Commons had hereupon resolved, That it was an Unparliamentary Message."

Committee to consider what is fit to be done in the Case of Sherley and Fagg.

Upon this, the House made this Order following; (videlicet,)

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be referred to the Committee for Privileges, to consider and prepare what is fit to be done upon the Matters offered this Day by the House of Commons, at a Conference had touching the Message of the Lords concerning the Warrant for apprehending Dr. Thomas Shirley, and report unto the House; and that the Committee meet this Afternoon."

Message from H. C. with Bills.

A Message was brought from the House of Commons, by Sir Trevor Williams and others; who brought up Three Bills:

1. "An Act concerning Prince Rupert," sent down to the House of Commons; wherein they have made some Alterations, to which they desire the Lords Concurrence.

2. "An Act to revive and perpetuate a former Act, intituled, An Act for avoiding unnecessary Suits and Delays;" to which they desire their Lordships Concurrence.

3. "An Act for enabling Trustees to sell Lands, in the Counties of Glamorgan and Monmouth, for the Payment of the Debts of William Lewis Esquire deceased, and the Debts and Legacies of Edward Lewis Esquire deceased, his Son;" to which their Lordships Concurrence is desired.

Crispe versus Lady Cranborne, Delmahoy, & al. Counsel assigned him.

Whereas Sir Nicholas Crispe Baronet, having an Appeal depending in this House against the Lady Cranborne, Lady Bowyer, and Thomas Dalmahoy Esquire, a Member of the House of Commons, hath prayed that Counsel may be assigned him, to plead his Cause upon the said Appeal, and hath named Counsel for that Purpose:

It is ORDERED, That Sir John Churchill, Serjeant Peck, Serjeant Pemmerton, and Mr. Porter (named by the said Sir Nicholas Crispe), be, and are hereby, appointed to open and manage the said Cause on the Part and Behalf of the said Sir Nicholas Crispe, on Thursday the 27th Day of this Instant May, at Ten of the Clock in the Forenoon, and at such other Times as it shall be depending in this House.

Crispes protected.

Upon reading the Petition of Sir Nicholas Crispe Baronet, John Crispe, and Thomas Crispe, Esquires; shewing, "That, having an Appeal depending in this House, against Thomas Dalmahoy Esquire, a Member of the House of Commons, and others, they are in Danger of being arrested, by an Order of the House of Commons, for that Appeal; and therefore pray the Protection of this House, that they may have Liberty to prosecute their said Appeal with Freedom:"

It is thereupon ORDERED, That the said Sir Nicholas Crispe, John Crispe, and Thomas Crispe, and every of them, as also their Counsel, Agents, and such other Person or Persons as they shall employ in prosecuting the said Appeal before this House, be, and are hereby, privileged and protected accordingly by this House, until the Matter upon the Appeal be determined by their Lordships; and all Persons whatsoever are hereby prohibited from arresting, imprisoning, or otherwise molesting, the said Sir Nicholas Crispe, John Crispe, and Thomas Crispe, or any of them, their or any of their Counsel, Agents, or Solicitors, upon any Pretence whatsoever, during the Time aforesaid, a sthey and every of them will answer the contrary to this House.

Burrall, Lord Widdrington's Servant, arrested.

Upon reading the Complaint of the Lord Widdrington, a Peer of this Realm, and Oath made at the Bar, "That Mr. Robinson, of Beverly, in the County of Yorke, Attorney at Law, caused Mr. George Burall, menial Servant to the said Lord Widdrington, to be arrested, and taken in Execution, at the Suit of John Heron, of Beverly aforesaid, Esquire, about the 7th Day of November last, in the Time of Privilege of Parliament, and refused to deliver him to his Lordship, being demanded; but replied, that the said John Heron would save him harmless; and detained the said George Burall till the Lord Widdrington paid the Principal, Interest, and Levy-money into the Sheriff's Hand, as in the said Complaint is set forth:"

Robinson and Heron to be attached.

All which being contrary to the Privilege of Parliament, it is thereupon ORDERED, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Bodies of the said John Heron and Mr. Robinson, and bring them in safe Custody to the Bar of this House, to answer for their said Offence; and this shall be a sufficient Warrant on that Behalf.

Squib and The King, in Error.

Whereas Counsel hath been this Day heard, at the Bar, to argue the Errors assigned upon a Writ of Error depending in this House, wherein Edmond Squib is Plaintiff against the King's Majesty:

It being prayed, "That Counsel may be further heard on His Majesty's Behalf;" it is ORDERED, That this House will hear Counsel on both Parts, further to argue the said Errors, on Thursday the 27th of this Instant May, at Ten of the Clock in the Forenoon.

D. Bucks, Privilege: Dr. Jones, his Servant, arrested.

Upon Oath made at the Bar of this House, "That, on the 21th Day of October last, John Watson Bailiff arrested Dr. William Jones, menial Servant to his Grace the Duke of Bucks, at the Suit of Thomas Laycocke, contrary to the Privilege of Parliament:"

Watson and Laycock sent for.

It is thereupon ORDERED, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Bodies of the said John Watson and Thomas Laycocke, and bring them in safe Custody to the Bar of this House, to answer for their said Offences; and this shall be a sufficient Warrant on that Behalf.

Smith, Norman, and Ellis, to be attached.

Upon Oath made at the Bar of this House, "That, on the Sixth Day of April last, John Smith and John Norman, Bailiffs belonging to the Court of Marshalsea, did arrest Dr. William Jones, menial Servant to his Grace the Duke of Bucks, at the Suit of John Ellis Scrivener, contrary to the Privilege of Parliament:"

It is thereupon ORDERED, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Bodies of the said John Smith, John Norman, and John Ellis, and bring them and every of them in safe Custody to the Bar of this House, to answer for their said Offences; and this shall be a sufficient Warrant on that Behalf.

Bedines to be attached.

Upon Oath made at the Bar of this House, "That Charles Alexander Bedines, on the 10th Day of April last past, broke open the Laboratory which Dr. William Jones, menial Servant to his Grace the Duke of Bucks, built in Kingstreat, Westm. for the Use of the said Duke, and secured the same by a Padlock on the Door thereof, contrary to the Privilege of Parliament:"

It is ORDERED, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Body of the said Charles Alexander Bedines, and bring him in safe Custody to the Bar of this House, to answer for his said Offence; and this shall be a sufficient Warrant on that Behalf.

Throsher to be brought up to the Bar.

ORDERED, That Samuell Throsher shall be brought to the Bar To-morrow Morning.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 20um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.