Lunæ, 7 die Junii, 1675.
SIR John Mallet reports from the Committee to which
the Bill, intituled, An Act to enable Charles Cotton
Esquire, to sell Lands for Payment of Debts, and raising
Portions for younger Children, One Amendment agreed
by the Committee to be made, by inserting the Word
"off," after "out," in the 6th Skin: Which being twice
read, and agreed;
The Bill, with this Amendment, was read the Third
Resolved, &c. That the Bill, with the Amendment, do
pass: And that it be returned to the Lords.
Privilege- Petition from a person in custody.
A Petition of Anthony Mingay, committed to the
Custody of the Serjeant at Arms, on the Behalf of himself
and one * Richards, by him employed in arresting the
Servants of Sir William Doyley, was read; confessing the
Offence, and praying the Pardon of the House.
Ordered, That Mr. Mingay be discharged from his
Commitment to the Serjeant at Arms, paying his Fees.
And he being called in, and upon his Knees at the Bar,
Mr. Speaker gave him a Reprimand, and discharged him
Privilege of Member in a Suit.
Information being given of a Breach of Privilege being
committed against Sir Wm. Wentworth, a Member of
this House, by Edward Copley Esquire, and John Peables
Gentleman, in causing several Declarations in Ejectment
to be delivered to the Tenants of the said Sir William
Wentworth, and prosecuting the same by one * Harwood
an Attorney, to evict the said Sir Wm. out of the
Possession of certain Lands in the County of Yorke,
during the Session and Privilege of Parliament.
Ordered, That the Matter concerning the said Breach
of Privilege of Sir Wm. Wentworth be referred to the
Committee of Elections and Privileges; to examine the
Matter; and report the same, with their Opinions therein,
to the House.
Writ for burning Heretics.
Mr. Weld reports from the Committee, to which the
Bill to abolish the Writ de Hæretico comburendo . . ., some
Amendments to the said Bill: Which he read, with the
Coherence, in his Place; and afterwards delivered the
same in at the Clerk's Table: Which being twice read,
were, upon the Question, agreed.
Resolved, &c. That the Bill, with the Amendments
agreed to, be ingrossed.
The ingrossed Bill for continuing a former Act for
Exportation of Leather was read the Third time; and
debated: And the Proviso at the latter End of the Bill,
upon the Question, ordered to be left out; and with
another Amendment, agreed and made at the Table,
omitting the Words, "and made perpetual," ordered to
be ingrossed anew.
Bills sent to Lords.
Ordered, That Sir John Mallett do go up to the Lords
with these two Bills; viz. the one intituled, An Act to
enable Charles Cotten Esquire to send Lands for Payment
of Debts, and raising Portions for younger Children:
The other intituled, 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.
Serjeant at Arms.
The House then resumed the adjourned Debate
concerning John Topham Esquire, Serjeant at Arms.
Resolved, &c. That what John Topham Esquire
Serjeant at Arms attending this House did, in retaking,
bringing in Custody, and conveying to the Tower, Sir
John Churchill, Mr. Serjeant Peck, Mr. Serjeant Pemberton, and Mr. Charles Porter, was in Pursuance of his
Duty, and by the Order of the House.
Resolved, &c. That the further Debate concerning John
Topham Esquire Serjeant at Arms, be adjourned till
Wednesday Morning next, at Ten of the Clock.
Privilege against Lords Jurisdiction.
A Copy of an Order of the Lords Spiritual and Temporal in Parliament assembled, dated the One-and-thirtieth
of May last, and served on Sir John Fagg on Friday last,
was tendered, and read; whereby the Lords have ordered
to hear Counsel at the Bar, in the Cause upon the
Appeal there brought by Thomas Shirley Esquire, against
the said Sir John Fagg, and the Answer thereunto, on
Tuesday the Eighth Day of this Instant June, at Ten of
the Clock in the Forenoon:
And a Debate arising thereupon;
Resolved, Nemine contradicente, That, as to the Case
of Appeal, brought against Sir John Fagg, in the House
of Lords, Sir John Fagg shall have the Protection and
the Assistance of this House.
Resolved, Nemine contradicente, That, if any Person or
Persons shall be aiding or assisting in putting in Execution
any Sentence or Judgment that shall be given by the
House of Lords, upon the Appeal brought by Dr. Shirley,
against Sir John Fagg, a Member of this House; such
Person and Persons shall be adjudged and taken to be
Betrayers of the Rights and Liberties of the Commons
of England, and the Privileges of this House; and shall
be proceeded against accordingly.
Ordered, That these Votes be made publick, by setting
them up in Westminster Hall, and in the Lobby of this
House: And that the Clerk of the House do take care
to see it done.
Privilege- Lords Proceedings about Commitment of Counsel.
The House being informed, that the House of Lords
have ordered a Habeas Corpus to issue forth under the
Great Seal, for bringing Sir John Churchill, Serjeant Peck,
Serjeant Pemberton, and Mr. Charles Porter, to the Bar
of their House;
Ordered, That those Members that were appointed to
inspect the Journals of the House of Lords, in the Case
of the Lords Proceedings, touching the making navigable
the Rivers in the Counties of Hertford and Bedford, do
inspect the Journals and Minutes of the Proceedings of
the House of Lords, touching the Commitment of the
said Sir John Churchill, Mr. Serjeant Peck, Mr. Serjeant
Pemberton, and Mr. Charles Porter, by Order of this
And then the House adjourned till Four of the
Clock in the Afternoon.
Resolutions enforcing the Execution of Commitments by the House.
SIR Thomas Littleton reports, That, in Pursuance of
the Order of the House, the Committee appointed to
to inspect the Journals of the House of Lords, went to
Mr. Browne's House; and that Mr. Walker went to Mr.
Browne, to acquaint him therewith: And that Mr. Browne
returned this Answer, That he could not shew the Minutes,
or acquaint them with any thing that hath been done this
Resolved, Nemine contradicente, That no Person committed for Breach of Privilege, by Order of this House,
ought to be discharged during the Session of Parliament,
but by Order or Warrant of this House.
Resolved, Nemine contradicente, That the Lieutenant
of the Tower, in Receiving and Detaining in Custody Sir
John Churchill, Serjeant Peck, Serjeant Pemberton, and
Mr. Porter, performed his Duty according to Law: And
for so doing he shall have the Assistance and Protection
of this House.
Resolved, Nemine contradicente, That the Lieutenant
of the Tower, in case he hath received or shall receive any
Writ, Warrant, Order, or Commandment, to remove
or deliver any Person or Persons committed for Breach
of Privilege, by any Order or Warrant of this House,
shall not make any Return thereof, or yield any Obedience thereunto, before he hath first acquainted this
House, and received their Order and Directions how to
Ordered, That these Resolves be immediately sent to
the Lieutenant of the Tower.
And then the House adjourned till To-morrow
Morning, Eight of the Clock.