DIE Jovis, 27 die Maii.
Domini tam Spirituales quam Temporales præsentes
|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.
L. Great Chamberlain.
Comes Marescallus Angliæ.
Comes St. Albans.
Ds. Arundell de Ward.
Ds. Grey de Wark.
Ds. Howard de Esc.
Ds. Gerard de Brand.
Ds. Arundell de Trer.
Ds. Butler de M. Park.
Ds. Grey de Roleston.
Crispe versus Dalmahoy & al. Counsel refusing to plead on Account of an Order of H. C. ordered to appear.
Upon reading the Petition of Sir Nicholas Crispe;
complaining, "That the Counsel assigned him by this
House to plead his Cause at the Bar, wherein Mr.
Dalmahoy is One of the Defendants, do refuse to plead
for him in this Case, in regard of a Vote of the House
of Commons;" Sir Nicholas Crispe was called in; and
testified, "That the shewed the Order of this House
to Serjeant Pecke, Serjeant Pemberton, Sir John
Churchill, and Mr. Porter."
Whereupon it is ORDERED, That whereas Sir John
Churchill, Serjeant Pecke, Serjeant Pemberton, and Mr.
Porter, were, by Order of this House, dated the 19th
Instant, assigned to be of Counsel for Sir Nicholas
Crispe, John Crispe, and Thomas Crispe, in their Cause
depending in this House, against Thomas Dalmaboy
Esquire, a Member of the House of Commons, and
others, Defendants, at such Times as the said Cause
shall be appointed to be pleaded at the Bar; this
House having appointed to hear the said Cause by Counsel on both Sides To-morrow, at Three of the Clock
in the Afternoon:
It is this Day ORDERED, That the said Sir John
Churchill, Serjeant Pecke, Serjeant Pemberton, and Mr.
Porter, be, and are hereby, required to appear at the
Bar of this House To-morrow, at Three of the Clock
in the Afternoon, as Counsel, to plead in the said
Cause on the Behalf of the said Sir Nicholas Crispe,
John and Thomas Crispe as they will answer the contrary to this House.
Message from H. C. for a Conference concerning Sir N. Stoughton's Appeal versus Onslow.
A Message was brought from the House of Commons, by Sir Thomas Lee and others, to this Effect:
That the House of Commons heretofore did desire
a Conference, touching their Privileges, in the Case
of Mr. Onslow; and their Lordships returned Answer,
"That their Lordships would send an Answer by
Messengers of their own." The House of Commons looks upon this as a Case of great Consequence
to the Privileges of their House; and therefore now
desire a Conference, concerning the Privileges of their
House in the Case of Mr. Onslowe.
The Lords entered into a serious Debate of this
Message; and a Paper was offered to the House, as
an Answer to be returned to this Message.
The said Paper was read, as followeth:
Answer to it proposed.
"The Lords. have considered of their Message;
and shall be ever ready to grant the House of Commons a Conference, in any Thing which may concern the Privileges of their House: But they find
that the Desire of this Conference is upon the same
Ground with the former Message of the 21th Instant, which was upon the Answer sent by the Lords
in the Case of Mr. Onslow on the 17th Instant,
wherein the whole Case concerns the Judicature of
the Lords, on which they can admit of no Debate,
nor grant any Conference."
The Question being put, "Whether the Answer which shall be returned to this Message
from the House of Commons shall be the
Substance contained in this Paper?"
It was Resolved in the Negative.
Momorandum, Before the putting of the abovesaid
Question, these Lords following desired Leave to enter their Dissents, if the Question was carried in the
Negative, which accordingly they did:
Protest against rejecting it.
"Because, they do humbly conceive, this Question
being carried in the Negative, deprives this House
of the Advantage of making Use of that Answer
to the House of Commons, which would have been
the surest Way to have justified and preserved the
Right of the Lords in Judicature upon this Occasion.
Grey De Rolleston."
Answer to H. C.
Then a Second Paper was offered to the Consideration of the House, and read, as followeth:
"That the Lords did not agree to a Conference
on the Message of the 21th Instant, because it was
desired upon the Answer sent by the Lords in the
Case of Mr. Onslow on the 17th Instant, wherein
the whole Matter concerns the Judicature of the
Lords, on which they can admit no Debate, nor
grant any Conference: But this present Message
being for a Conference concerning the Privileges of
the House of Commons; the Lords have agreed
to a Conference, and appoint it to be To-morrow
Morning, at Ten of the Clock, in the Painted
Chamber; always provided, That nothing be offered at the Conference that may any Ways concern
their Lordships Judicature."
The Question being put, "Whether this Paper
shall be the Answer returned to this Message
of the House of Commons?"
It was Resolved in the Affirmative.
Protest against it.
The Messengers that brought this Message from
the House of Commons were called in, and had the
abovesaid Answer delivered to them by the Lord Keeper.
Then the House nominated these Lords following
to be Reporters of this Conference with the House of
L. Privy Seal.
Instruction for the Managers of the Conference about Sir N. Stoughton's Appeal versus Onslow.
The Instructions to be given to the Reporters of
the Conference with the House of Commons To-morrow are, "That they be limited, in case the Managers
of the said Conference from the House of Commons shall enter upon any Reasons contrary to the
Proviso upon which the same was granted, and particularly if they shall offer any Thing against the
Judgement of this House delivered the 17th Instant, in Answer to the Message brought by Sir
Richard Temple, in the Case of Mr. Onslow, the Reporters shall withdraw from the said Conference,
and resort to the Lords, without further Attendance."
Bill to prevent Dangers from disaffected Persons.
ORDERED, That the Bill to prevent the Danger
which may arise from Persons disaffected to the Government shall be further proceeded in To-morrow
Morning, in a Committee of the whole House, the First
Business; and the House to sit at Nine of the Clock,
and to rise before One.
D. Bucks' Privilege. Bedinos released.
Whereas Charles Alexander Bedinos, now in the
Custody of the Serjeant at Arms attending this House,
for breaking open the Laboratory which Doctor William
Jones, menial Servant to his Grace the Duke of Buckingham, built in Kingstreete, Westm. for the Use of the
said Duke, and securing the same by a Padlock on the
Door thereof, contrary to the Privilege of Parliament,
hath humbly, by Petition, acknowledged the Fact, and
prayeth the Pardon of this House, by reason of his Innocency, in that he knew not that the said Doctor
Jones was the said Duke's Servant, or that the said Laboratory belonged to the said Duke:
It is ORDERED, That the said Charles Alexander
Bedinos be, and is hereby, discharged from any further
Restraint for his said Offence, paying his Fees; and
this shall be a sufficient Warrant on that Behalf.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem Veneris,
28um instantis Maii, hora decima Aurora, Dominis sic