DIE Jovis, 3 die Junii.
Domini tam Spirituales quam Temporales præsentes
|His Royal Highness the Duke of Yorke.
Epus. Bath & Wells.
Ds. Finch, Ds. Custos Magni Sigilli.
Ds. Thesaurarius Angliæ.
Ds. Custos Privati Sigilli.
Comes Marescallus Angliæ.
Comes St. Albans.
Ds. Arundell Ward.
Ds. Grey Wark.
Ds. Howard de Esc.
Ds. Gerard B.
Ds. Berkeley Str.
Ds. Arundell de Trer.
Ds. Butler de M. Park.
Ds. Grey de Roleston.
Heads for a Conference concerning H. C. attaching Peck & al. Crispe's Counsel.
The Lord Privy Seal reported, "That the Committee hath prepared what is fit to be offered at the intended Conference with the House of Commons;
which they offer to the Consideration of the House."
The Paper was read, and Agreed to with some
"1. The Lords to take Notice of the House of
Commons their ordering into Custody of their Serjeant, Mr. Serjeant Peck, Sir John Churchill, Mr. Serjeant Pemberton, and Mr. Charles Porter Counsellor
at Law, assigned by their Lordships to be of Counsel
in an Appeal heard at their Lordships Bar, in the
Case of Sir Nicholas Crispe, against the Lady Bowyer,
Mr. Dalmahoy, and others.
"2. Their Lordships do judge this Order for Imprisonment to be illegal and arbitrary, and the Execution thereof a great Indignity to the King's Majesty
in this His highest Court of Judicature in the Kingdom, the Lords in Parliament; where His Majesty is
Highest in His Royal Estate, and where the last Resort of judging upon Writs of Error and Appeals in
Equity, in all Causes, and over all Persons, is undoubtedly fixed and permanently lodged.
"3. It is an unexampled Usurpation, and Breach of
Privilege against the House of Peers, that their Orders or Judgements should be disputed, or endeavoured to be controlled, or the Execution thereof
obstructed, by the Lower House of Parliament, who
are no Court, nor have Authority to administer an
Oath, or give any Judgement.
"4. It is a transcendent Invasion on the Right and
Liberty of the Subject, and against Magna Charta,
the Petition of Right, and many other Laws, which
have provided, "That no Freeman should be imprisoned, or otherwise restrained of his Liberty, but by
due Process of Law."
"5. This tends to the Subversion of the Government
of this Kingdom, and the introducing of Arbitrariness and Disorder:
"Because it is in Nature of an Injunction from the
Lower House (who have no Authority nor Power of
Judicature over Inferior Subjects, much less over the
King and Lords), against the Orders and Judgements
of the Supreme Court.
"We are further commanded to acquaint you, That
the Lords have therefore, out of that Justice which
they are Dispensers of against Oppression and Breach
of Laws, by Judgement of this Court, set at Liberty,
by the Gentleman Usher of the Black Rod, all the
said Serjeants and Counsellors, and prohibited the
Lieutenant of The Tower, and all other Keepers of
Prisons, and Gaolers, and all Persons whatsoever, from
arresting, imprisoning, detaining, or otherwise molesting or charging, the said Gentlemen, or any of them,
in this Case; and if any Person, of what Degree soever, shall presume to the contrary, their Lordships
will exercise the Authority with them intrusted for
putting the Laws in Execution.
"And we are further commanded to read to you a
Roll of Parliament, in the 1 of H. IV. whereof we
have brought the Original with us."
Serj. Peck & al. Crispe's Counsel, protected.
Whereas Mr. Serjeant Peck, Sir John Churchill, Mr.
Serjeant Pemberton, and Mr. Charles Porter Counsellor
at Law, have the Protection of the House of Peers
granted to them, and every of them, from all Arrests
and Imprisonments, for appearing as Counsel at the Bar
of this House, upon an Appeal brought by Sir Nicholas
Crispe, against the Lady Bowyer, Mr. Dalmahoy, and
It is this Day ORDERED, That the Lieutenant of The
Tower of London, and all other Keepers of Prisons, and
Gaolers, and all other Persons whatsoever, be, and they
and every of them is and are hereby, strictly prohibited
from arresting, imprisoning, detaining, or otherwise molesting or charging, the said Gentlemen, or any of them,
in this Case, as they and every of them will answer the
contrary to this House at their Peril.
Order for Copies of Records.
ORDERED, That the Officer that keeps the Records
of The Tower of London do forthwith make true Copies
of the Rolls of 1 H. IV. N. 79, 4° H. IV. N. 10, and
9 H. IV. N. 21, and send them to the Clerk of the Parliaments, for the Service of the House of Peers.
Conference concerning the H. C. attaching Peck & al. Crispe's Counsel.
The Commons being ready in the Painted Chamber
to give the Lords a Conference, the House nominated
the same Lords to be Managers of this Conference as reported the Conference Yesterday.
Then the House was adjourned during Pleasure, and
the Lords went to the Conference; which being ended,
the House was resumed.
The Lord Privy Seal reported, "That the Managers
of the Conference had delivered what they were directed, and had read the Record to the Commons."
Russel & al. Nat. Bill.
vice lecta est Billa, "An Act for the Naturalization of Theodore Russell and others."
ORDERED, That the Consideration of this Bill is
committed to these Lords following:
L. Privy Seal.
Epus. Bath & Wells.
Ds. Berkley Strat.
Ds. Grey de Roleston.
Their Lordships, or any Five or more of them; to
meet To-morrow Morning, at Nine of the Clock,
in the Prince's Lodgings; and to adjourn themselves as they please.
ORDERED, That this House will take into Consideration the Matter of the Conference from the House of
Commons Yesterday, To-morrow Morning.
ORDERED, That the Committee for Privileges do
meet this Afternoon, at Four of the Clock.
E. Dorset versus Palmer, Privilege, for assaulting Ghost, Constable of Salisbury Court.
Upon Complaint to this House, "That William Palmer, a Constable in The Old Bayly in London, hath
violated the Privilege of Parliament, on the 26th of
May last, in assaulting Thomas Ghost, Constable, chosen
by the Leet for the Manor of Dorset, alias Salisbury
Court, being the Royalty of the Earl of Dorsett;
and uttering Words very scandalous against the said
It is ORDERED, That the said William Palmer be, and
is hereby, required to appear at the Bar of this House,
to answer to the said Complaint, on Saturday the Fifth
Day of this Instant June, at Ten of the Clock in the
Forenoon; at which Time the said Thomas Ghost, as also
Joseph Rose and Robert Scudder, are hereby required to
appear at the Bar, to testify what they know concerning
Villiers and E. Denbigh, and D. Bucks, concerning the Title of Visc. Purbeck.
Whereas this Day was appointed to hear Counsel, at
the Bar, upon the Petition of the Earl of Denbigh, and
the Plea of Robert Villiers put in thereunto, concerning
his Claim to the Title of Viscount Purbeck, as also what
the Counsel of his Grace the Duke of Bucks should object against the said Plea; the Counsel of the said Robert Villiers attending, but no Counsel for the Duke of
Bucks, nor the Earl of Denbigh:
Upon Debate had by this House, as well of and concerning the said Petition, as the said Plea, it is ORDERED, That the said Petition of the Earl of Denbigh
be, and is hereby, dismissed this House; and that the
Duke of Bucks shall pay Twenty Pounds Costs to the
said Robert Villiers, for his Counsel's Attendance on this
House in this Cause.
L. Widdrington's Privileges Robinson & al. committed, for aresting Burwell his Servant.
This Day Master Robinson and John Heron were
brought to the Bar, as Delinquents, for arresting George
Burwell, menial Servant to the Lord Widdrington, contrary to the Privilege of Parliament.
They pleaded Ignorance, that they knew not that
the said Burwell was his Lordship's Servant.
But it appearing to the House, and owned by the
Lord Widdrington, to be his Servant; it is ORDERED,
That the said Robinson and Heron do stand committed to
the Custody of the Gentleman Usher of the Black Rod,
until the further Pleasure of this House be known.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris,
quartum diem instantis Junii, inter horam decimam & undecimam, Dominis sic decernentibus.
Hitherto examined by us,