Jovis, 3 die Junii, 1675.
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.
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,
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
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
"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.
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.