House of Lords Journal Volume 12: 27 May 1675

DIE Jovis, 27 die Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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.

"J. Bridgewater.
Stamford.Mohun.
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.

Dissentiente,

"Stafford."

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 Commons:

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.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 28^um instantis Maii, hora decima Aurora, Dominis sic decernentibus.