Veneris, 4 die Junii, 1675.
A BILL for enlarging and repairing the common
Highways, was read the Second time. And several
Matters being moved, and debated;
Resolved, &c. That the Bill be committed, upon the
Debates of the House, to Sir Lanc. Lake, Sir Anth. Irby,
Sir Robert Holmes, Sir Wm. Doyley, Sir Jeoff. Shackerley, Sir Thom. Stringer, Colonel Sands, Sir Courtney Poole,
Mr. Westfaling, Mr. Serjeant Maynard, Sir John Knight,
Mr. Crouch, Sir Edw. Deering, Sir Eliab Harvey, Sir
John Covert, Sir Tho. Allen, Sir Hen. Ford, Sir Tho. Williams, Sir John Elwayes, Sir Trever Williams, Sir John
Morton, Sir Robert Barnham, Sir Edw. Masters, Mr.
Price, Colonel Strangwayes, Colonel Birch, Sir Tho.
Clergis, Sir Adam Browne, Mr. Serjeant Rigby, Sir Cha.
Harbord, Sir John Holland, Mr. Harbord, Lord Angier,
Mr. Swinfen, Mr. Clerke, Mr. Cholmondly, Mr. Spry, Mr.
Roberts, Sir Fr. Russell, Sir Geo. Reeve, Sir Robert Holt,
Sir Wm. Coventry, Sir John Robinson, Sir John Talbott,
Sir John Pettus, Sir Ni. Slaning, Sir John Mallett, Sir
John Brampston, Mr. Sacheverell, Sir Cha. Wheeler,
Colonel Werden, Sir Sam. Bernerdiston, Mr. Robert
Wright, Mr. Prideaux, Colonel Strode, Sir Tho. Dolman,
Sir Winston Churchill, Mr. Cheney, Sir John Stapeley, Sir
Fra. Drake, Sir John Werden: And all that come are to
have Voices: And they are to meet on Monday next, at
Two of the Clock in the Afternoon, in the Exchequer
Chamber: And to send for Persons, Papers, and Records.
Mr. Speaker thanked.
Ordered, That the Thanks of the House be returned
to Mr. Speaker, for causing Mr. Serjeant Pemberton,
formerly committed, by Order of this House, to the
Custody of the Serjeant at Arms attending this House,
for a Breach of Privilege, to be seized, and taken into
Custody, in Westminster Hall, for his Breach of Privilege.
Apprehension of Persons escaped.
The House being informed, That Sir John Churchill,
Mr. Serj. Peck, and Mr. Charles Porter, who were ordered
to be taken into the Custody of the Serjeant at Arms
attending this House, are now in Westminster Hall;
Ordered, That the Serjeant at Arms now attending this
House do go with his Mace into Westminster Hall, and do
execute the Order of this House, and the Warrant of Mr.
Speaker thereupon, for seizing and bringing in Custody
Mr. Serjeant Peck, Sir John Churchill, and Mr. Charles
Porter, for their Breach of the Privilege of this House.
The Serjeant returning, gave an Account, That he had
executed the Order of this House, and Mr. Speaker's
Warrant thereupon; and had brought the said Mr.
Serjeant Peck, Sir John Churchill, and Mr. Charles
Porter, in Custody, into the Speaker's Chamber.
The Question being put, That Sir John Churchill be
sent to the Tower, for his Breach of Privilege, and Contempt of the Authority of this House;
The House divided.
The Yeas go forth.
||Sir Edmond Jenings,
||For the Yeas,
||Sir John Mallet,
||For the Noes,
|Mr. Serjeant Rigby,
And so it was resolved in the Affirmative.
Ordered, That Mr. Serjeant Peck, for his Breach of
Privilege and Contempt of the Authority of this House,
be sent to the Tower.
Ordered, That Mr. Serjeant Pemberton be sent to the
Tower, for his Breach of Privilege, and Contempt of the
Authority of this House.
Ordered, That Mr. Charles Porter be sent to the Tower,
for his Breach of Privilege, and Contempt of the Authority
of this House.
Ordered, That Mr. Speaker do issue his Warrant to
the Lieutenant of the Tower, to take into his Custody
the Bodies of Sir John Churchill, Mr. Serjeant Peck, Mr.
Serjeant Pemberton, and Mr. Charles Porter, for their
Offence in breaking the Privileges, and contemning the
Authority of this House; there to remain in safe Custody
during the Pleasure of this House.
Ordered, That Mr. Speaker do issue his Warrant to
the Serjeant at Arms now attending this House, to
convey Sir John Churchill, Mr. Serjeant Peck, Mr.
Serjeant Pemberton, and Mr. Cha. Porter to the Tower,
there to be kept in safe Custody during the Pleasure of
this House, for their Offence in breaking the Privileges,
and contemning the Authority of this House.
Proceedings in Lords Journals on Ouse Navigation.
Mr. Hampden reports from the Committee appointed
to peruse the Lords Journals; and to see what Proceedings
there were there concerning the making the River Ouse
in the County of Bedford navigable, A Petition, exhibited
by the Earl of Bullenbrook, on Behalf of himself and
others; and an Order of the Lords House, dated the
Twenty-eighth Day of May last: Which he read; and
the Petition relating to an Act of Parliament, for making
the River Ouse navigable;
Resolved, &c. That it be referred to the former
Committee, to inspect the Act of Parliament; and to
examine what Proceedings there hath been thereupon, or
concerning the making the said River navigable; and to
state the whole Matter, with their Opinions, to the House.
Serjeant at Arms to be protected.
ORDERED, That Mr. Speaker do issue out a
Warrant to John Topham Esquire, Serjeant at Arms now
attending this House, to authorize and require him, that, if
any Person or Persons shall attempt or go about to arrest,
imprison, or detain him from executing his Office, or
from his Attendance upon this House, to apprehend such
Persons, and bring them in Custody, to answer their
Breach of Privilege; and to require and authorize all
Persons to be aiding and assisting to him therein.
Resolved, &c. That John Topham Esquire, Serjeant at
Arms now attending this House, shall have the Privilege
of this House.
Sir Thomas Meres reports from the Committee of
Elections and Privileges, that Sir Ralph Ashton's Petition
came in within Fourteen Days: And that the Committee
were of Opinion it came regularly.
Ordered, That the Committee do proceed upon the
Petition, to examine the Matter touching the Election
for Clitheroe, between Sir Ralph Ashton, and Sir Thomas
Stringer; and report the state of the Case, with their
Opinions, to the House.
Conference desired with Lords.
Resolved, That Sir Henry Capell do go up to the
Lords, to desire a Conference upon the Matters delivered
at the last Conference.
Conference on Commitment of Counsel.
Sir Thomas Lee reports from the Committee, the
Reasons agreed to be offered at the Conference to be had
with the Lords, upon the Matters delivered at the last
Conference: Which were twice read; and, with some
Amendments made at the Table, severally agreed; and
are as followeth; viz.
YOUR Lordships having desired the last Conference,
upon Matters of high Importance, concerning the Dignity
of the King, and the Safety of the Government; the
Commons did not expect to hear from your Lordships at
that Conference, Things so contrary to, and inconsistent
with, the Matter upon which the said Conference was
desired, as were then delivered by your Lordships.
It was much below the Expectation of the Commons,
that, after a Representation in your Lordships Message
of Matters of so high Importance, the Particular upon
which the Conference was grounded, should be only the
Commitment of Four Lawyers to the Custody of their
own Serjeant at Arms, for a manifest Violation of the
Privileges of their House.
But the Commons were much more surprized, when
your Lordships had introduced the Conference, with an
Assurance it was in order to a good Correspondency
between the Two Houses, that your Lordships should
immediately assume a Power to judge the Order of the
House of Commons, for the Imprisonment of Mr. Serj.
Peck, Sir John Churchill, Mr. Serj. Pemberton, and Mr.
Charles Porter, to be illegal and arbitrary, and the
Execution thereof a great Indignity to the King's Majesty,
with many other high Reflections upon the House of
Commons, throughout the whole Conference; whereby
your Lordships hath condemned the whole House of
Commons as criminal: Which is without Precedent, or
Example, or any Ground of Reason so to do.
'Tis not against the King's Dignity for the House of
Commons to punish by Imprisonment a Commoner, that is
guilty of violating their Privileges, that being according
to the known Laws and Custom of Parliament, and the
Right of their Privileges, declared by the King's Royal
Predecessors in former Parliaments; and by Himself in this.
But your Lordships claiming to be the supreme Court,
and that his Majesty is highest in his Royal Estate in the
Court of Judicature there, is a Diminution of the Dignity
of the King; who is highest in his Royal Estate, in full
Parliament; and is derogatory to the Authority of the
whole Parliament, by appropriating it to yourselves.
The Commons did not infringe any Privileges of the
House of Peers, but only defend and maintain their own:
On the other Side, your Lordships do highly intrench
upon the Rights and Privileges of the House of
Commons, denying them to be a Court, or to have any
Authority or Power of Judicature; which, if admitted,
will leave them without any Authority or Power to
As to what your Lordships call a transcendent Invasion
of the Rights and Liberty of the Subject, and against
Magna Charta, the Petition of Right, and many other
Laws; the House of Commons presume, that your
Lordships know, that neither the Great Charter, the
Petition of Right, nor any other Laws, do take away the
Law and Custom of Parliament, or of either House of
Parliament; or else your Lordships have much forgotten
the Great Charter, and those other Laws, in the several
Judgments your Lordships have passed upon the King's
Subjects, in Cases of Privilege.
But the Commons cannot find, by Magna Charta, or
by any other Law or ancient Custom of Parliament, that
your Lordships have any Jurisdiction, in Cases of Appeal
from Courts of Equity.
We are further commanded to acquaint you, that the
Enlargement of the said Persons imprisoned by Order of
the House of Commons, by the Gentleman Usher of the
Black Rod; and the Prohibition, with Threats to all
Officers and other Persons whatsoever, not to receive or
detain them, is an apparent Breach of the Rights and
Privileges of the House of Commons: And they have
therefore caused them to be retaken into the Custody of
the Serjeant at Arms, and hath committed them to the
As to the Parliament Roll of 1st Hen. IV. caused to be
read by your Lordships at the last Conference, but not
applied, the Commons apprehend it doth not concern
the Case in Question; for that this Record was made
upon Occasion of Judgments given by the Lords, to
depose and imprison their lawful King; to which the
Commons were unwilling to be made Parties: And therefore the Commons conceive it will not be for the Honour
of your Lordships, to make further Use of that Record.
But we are commanded to read to your Lordships the
Parliament Roll of the 4th of Edward the IIId, N 6;
which if your Lordships please to consider, they doubt
not but your Lordships will find Occasion to apply it to
the present Purpose.
Lords Answer as to Conference.
Sir Hen. Capell reports, That he had attended the
Lords, to desire a Conference: And that the Lords
made Answer, That they would return Answer by
Messengers of their own.
And then the House adjourned till To-morrow
Morning, Eight of the Clock.