DIE Martis, 8 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 Angl.
Ds. Custos Privati Sigilli.
Comes Marescallus Angliæ.
Ds. Arundell de Ward.
Ds. Grey de Wark.
Ds. Howard Esc.
Ds. Gerard de Brand.
Ds. Berkley Strat.
Ds. Arundell Trer.
Ds. Grey de Rolest.
Lieut. of The Tower refuses to deliver Sir J. Churchil & al. on the Writs of Habeas Corpus.
The Serjeant at Arms attending this House was
called upon, to give an Account what he had done
in the Execution of the Delivery of the Four Writs
of Habeas Corpus delivered to him by the Lord Keeper.
And he gave this Account following:
"In Obedience to your Lordships Commands, I
received from the Right Honourable the Lord
Keeper of the Great Seal of England, about Half
an Hour past Eight of the Clock, or thereabouts,
Four Writs of Habeas Corpus; and immediately I
did repair to The Tower, and delivered them to the
Lieutenant of The Tower; and after he received
them, he desired me to present his humble Duty
and Service to this Honourable House, and that
he should do his Duty inasmuch as in him lay to
both Houses; and desired me to let the Right
Honourable the Lord Keeper know, that he would
wait upon him To-morrow Morning; or Words to
Then the Lord Keeper gave the House an Account
of Sir John Robinson's coming to him early this Morning: "That he acknowledged the Receipt of the
Habeas Corpus; and would have excused himself to
his Lordship, by reason of some Votes or Orders of
the House of Commons, which his Lordship would
not examine; but told him, the Writs were not returnable to him, but to the Lords in Parliament,
whose Servant the Lieutenant of The Tower is, and
ought to do his Duty according to Law."
Lieut. of The Tower not appearing;
The Gentleman Usher of the Black (fn. *) Rod was commanded to enquire without, whether the Lieutenant
of The Tower did appear; who returned this Account,
"That the Lieutenant did not appear."
Serjeant to make Proclamation in the Hall.
Whereupon the House commanded the Serjeant at
Arms to go, with his Mace, into Westminster Hall, and
make Oyez Three Times, and then make Proclamation
in these Words: "Sir John Robinson, Lieutenant of The
Tower, come forth, and return the Writs of Habeas
Corpus before the Lords in Parliament, as you are
Serjeant reports he has made Proclamation.
The Serjeant at Arms gave the House an Account,
"That he had made Proclamation, at the Top of the
Stairs between the Court of Chancery and the Court
of King's Bench in Westminster Hall, to command Sir
John Robinson to return the Writs of Habeas Corpus
before the Lords in Parliament, as he was commanded."
Writs of Hab. Corp. ought to have been made out by Clerk of the Crown, and not by the Cursitors.
Upon Consideration what to do next;
The Lord Keeper gave an Account, "That the Order Yesterday was directed to the Cursitors, to prepare the Writs of Habeas Corpus; whereas the said
Writs should have been made by the Clerk of the
Crown in Chancery."
Hereupon the House had the Opinion of the Judges
this Day present; videlicet, the Lord Chief Justice of the
Court of Common Pleas and Judge Atkins.
And these Two Questions were propounded to them:
"Whether these Writs of Habeas Corpus, sealed
with the Great Seal of England, be effectual
in Law, though the Writs be written by the
Cursitors, and not by the Clerk of the
The Opinion of the Judges was, "That the
Writs, being under the Great Seal of
England, are good and effectual in Law,
by what Hand soever they were written."
"Whether there may an Alias Habeas Corpus be
issued out of the Office of the Clerk of the
Crown, notwithstanding the former were issued out as aforesaid, and not returned by the
Lieutenant of The Tower?"
And the Opinion of the Judges is, "That
an Alias Habeas Corpus is good in Law,
and well issued in that Case; else it were
in the Power of the Gaoler, by the not
returning the First Writ, to hinder the
issuing out of an Alias."
The same Opinion Mr. Attorney General was of.
Upon this, the House made this Order following:
Clerk of the Crown in Chancery to make out Alias Hab. Corp.
"Forasmuch as Oath hath been made, That Four
Writs of Habeas Corpus have been delivered to the
Lieutenant of The Tower, returnable in Parliament
this Day, which are not returned: It is ORDERED,
That the Clerk of the Crown in Chancery do prepare
Four several and respective Writs of Alias Habeas
Corpus (with a Penalty of Forty Pounds in each
Writ to be contained), to be sealed by the Lord
Keeper of the Great Seal of England, and directed
to the Lieutenant of The Tower, and returnable into
the House of Peers, for 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 House of Peers,
To-morrow Morning, at 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
Message from H. C. with a Bill;
A Message was brought from the House of Commons, by Sir Thomas Littleton and others; who said,
He was commanded, by the Knights, Citizens, and
Burgesses of the House of Commons, to present to
their Lordships a Bill for Continuance of a former
Act, intituled, "An Act for giving Liberty to buy
and export Leather and Skins, tanned and dressed;"
to which their Concurrence is desired.
and to remind the Lords of a Message for a Conference.
"2dly, For preserving a good Correspendence between the Houses, he was commanded to put their
Lordships in Mind of a Message from the House
of Commons lately, to desire a Conference, concerning the Matter of the last Conference; to which the
Lords had returned this Answer, That they would
send an Answer by Messengers of their own."
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem Mercurii, nonum diem instantis Junii, hora decima Aurora,
Dominis sic decernentibus.