House of Commons Journal Volume 9
3 June 1675

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1802

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'House of Commons Journal Volume 9: 3 June 1675', Journal of the House of Commons: volume 9: 1667-1687 (1802), pp. 352-353. URL: http://www.british-history.ac.uk/report.aspx?compid=27468 Date accessed: 15 September 2014.


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Jovis, 3 die Junii, 1675.

Prayers.

Durham Election.

ORDERED, That the House will, on Wednesday next, after Ten of the Clock, proceed in the Consideration of the special Matter of the Report concerning the Election for Durham.

Kellshall Charities.

Sir John Pettus reports from the Committee, to which the Bill for settling certain Lands and Tenements to charitable Uses, for the Benefit of the Parish of Kellshall in the County of Suffolke, several Amendments, agreed by the Committee: Which he read, with the Coherence, in his Place; and afterwards delivered the same in at the Clerk's Table: Which were twice read; and, with some Alteration made at the Table, upon the Question, severally agreed.

Resolved, &c. That the Bill, with the Amendments agreed to, be ingrossed.

Lord Kilmurry's Debts, &c.

An ingrossed Bill, for Payment of the Debts of Charles late Lord Viscount Kilmurry, and for raising Portions for Byron Needham and Charles Needham, Two of his younger Sons, was read; and the Words "without Issue," being omitted, were, upon the Question, agreed to be inserted, and thrice read.

Resolved, &c. That the Bill do pass: And that the Title be, An Act for Payment of the Debts of Charles late Lord Viscount Kilmurry; and for raising Portions for Byron Needham and Charles Needham, Two of his younger Sons: And that Sir John Birkenhead do carry up the Bill to the Lords.

Liberty of the Subject.

An ingrossed Bill for Preservation of Liberty of the King's Subjects, was read a Third time.

Resolved, &c. That the said Bill do pass; and that the Title be, An Act for Preservation of the Liberty of the King's Subjects.

Writ for burning Hereties.

Ordered, That all the Members of this House, that serve for the several Counties of Devon, Yorke, and Cornwall, be added to the Committee to whom the Bill to abolish the Writ de Hæretico comburendo stands committed: And all that shall come are to have Voices: And they are to meet at Three of the Clock in the Afternoon, in the Place formerly appointed.

Members added to Conference.

Ordered, That Sir Wm. Coventry, Sir Tho. Littleton, Mr. Serjeant Maynard, Sir Leoline Jenkins, Mr. Sacheverall, Mr. Powle, Sir Robert Carr, Mr. Waller, Mr. Secretary Coventry, Mr. Garraway, Mr. Vaughan, Sir John Knight, Sir Winston Churchill, Sir Tho. Lee, Sir Richard Temple, Sir Robert Howard, Mr. Sawyer, Sir Tho. Meres, Mr. Crouch, Sir Eliab Harvey, Mr. Swinfen, Sir Nicholas Carew, be appointed to attend a Conference with the Lords upon Matters of high Importance, concerning the Dignity of the King, and Safety of the Government.

Conference on Committal of Counsel.

Mr. Vaughan reports, That the Lord Privy Seal did manage the Conference; and had delivered the Occasion and Intent of the Conference: Which Mr. Vaughan did report to the House, to the Effect following; viz.

The Lords do 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, Counsellors 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.

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.

"It is an unexampled Usurpation, and Breach of Privilege, against the House of Peers, that their Orders or Judgments should be disputed, or endeavoured to be controuled, 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 Judgment."

"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 shall be imprisoned, or otherwise restrained of his Liberty, but by due Process of Law."

"This tends to the Subversion of the Government of this Kingdom, and to the introducing of Arbitrariness and Disorder:"

"Because it is in Nature of an Injunction from the Lewer House, who have no Authority nor Power of Judicature over inferior Subjects; much less over the King and Lords, against the Orders and Judgments 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 Judgment 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 First Year of the Reign of King Hen. the Fourth, whereof we have brought the Original with us."

And a Debate arising thereupon;

Resolved, &c. That a Conference be desired with the Lords, upon the Subject Matter of the last Conference: And that these Members following be appointed to prepare and draw up Reasons, upon the Debates of the House, to be offered at the Conference; Mr. Secretary Coventry, Sir Tho. Littleton, Mr. Serjeant Maynard, Sir Leoline Jenkings, Mr. Powle, Sir Robert Carr, Mr. Waller, Sir Wm. Coventry, Mr. Sacheverell, Mr. Secretary Williamson, Sir John Knight, Sir Winston Churchill, Sir Tho. Lee, Sir John Birkenhead, Mr. Serjeant Rigby, Colonel Strangwayes, Mr. Swinfen, Colonel Titus, Sir Hen. Capell, Sir Nicholas Carew, Mr. Hampden, Sir John Trever, Sir John Erneley, Sir Tho. Clergis, Mr. Cheney, Sir Edward Bainton, Mr. Garaway, Mr. Sawyer, Sir Tho. Meres, Mr. Crouch, Mr. Serjeant Seis, Mr. Streete, Sir Elyab Harvey, Sir Richard Temple, Sir Edw. Deering, Sir Cha. Wheeler, Sir Robert Howard, Mr. Attorney Mountague, Mr. May, Colonel Birch, Mr. Serjeant Jones, Sir John Mallett, Sir Cha. Harbord, Mr. Eyres.

Ordered, That Mr. Speaker do issue his Warrant to the Serjeant at Arms attending this House, for the apprehending Charles Porter Esquire; and bring him to the Bar of this House, to answer the Breach of Privilege objected against him.

Privilege- Petition from a Member in the Tower.

A Petition of Sir John Fagg was read, submitting himself to the House, and craving their Pardon for his Offence, and praying, he might be released of his Imprisonment.

Ordered, That Sir John Fagg be released and inlarged from his Imprisonment in the Tower.

Record to be produced.

Ordered, That the Officer, in whose Custody the Record of the First of Henry the Fourth, mentioned at the Conference with the Lords, do attend the Committee appointed to draw up Reasons for another Conference, this Afternoon: And they are to meet at Three of the Clock in the Speaker's Chamber: And to send for Persons, Papers, and Records.

Privilege.

Information being given to this House, that one James Abrathat, a Servant of Sir John Holman's, a Member of this House, and employed by him in receiving and paying Monies for him, and other necessary Services, for which he allowed him Wages, is arrested by one Cushy, a Serjeant of London, at the Suit of John Lynch, and now detained in the Custody of the said Serjeant, in Breach of the Privileges of this House;

Ordered, That it be referred to the Committee of Elections and Privileges, to examine the State of the Matter; and report the same, with their Opinions therein, to the House.

Privilege- Summoning Members to attend Lords.

Information being given, that Sir Humfry Winch and John Nappyer, are summoned to attend the Lords House, upon a Petition exhibited, and an Order there made, touching the making navigable certain Rivers in the Counties of Hertford and Bedford;

Ordered, That a Committee be appointed to inspect the Lords Journals concerning the Proceedings therein; and to report the same to the House; viz. Sir Humfry Winch, Sir Tho. Meeres, Sir Robert Carr, Mr. Powle, Mr. Sacheverell, Mr. Sawyer, Sir Eliab Harvey, Mr. Swinfen, Sir Nicho. Carew, Mr. Hale, Mr. Garraway, Sir John Duncombe, Sir Tho. Littleton, Mr. Vaughan, Sir Tho. Lee, Sir Rich. Temple, Sir Robert Howard, Sir John Trever, Mr. Hampden, Sir Edward Bainton, Sir Cha. Harbord, Sir John Mallett, and all the Members that serve for the Counties of Hertford; or any Three of them.

Ordered, That no Member of this House do attend the Lords House, upon any Summons from the Lords, without Leave of the House.

And then the House adjourned till To-morrow Morning, Eight of the Clock.