House of Commons Journal Volume 9: 1 June 1675

Martis, 1 die Junii, 1675.

Prayers.

Marchant's Estate.

A BILL for Payment of the Debts, and settling the Estate of Henry Marchant a Lunatick, was read the Second time.

Resolved, &c. That this Bill be committed to Mr. Weld, Mr. Sacheverall, Sir Anth. Irby, Sir John Robinson, Mr. Mallett, Mr. Robert Wright, Sir Trever Williams, Mr. Price, Mr. Eyrs, Mr. Foote, Sir Fran. Russell, Sir Ja. Smith, Mr.Morrice, Mr. Maynard, Mr. Wood, Sir Tho. Byde, Mr. Tulse, Sir Lanc. Lake, Mr. Crouch, Sir John Mallett, Mr. Cholmondley, Sir Edw. Masters, Mr. Mallett, Sir John Pettus, Mr. Morgan, Mr. Jay, Sir Scroope Howe, Mr. Serjeant Maynard, Mr. Serjeant Rigby, Mr. Powle, Mr. Bennett, Mr. Tregonwell, and all that serve for the County of Middlesex: And they are to meet To-morrow, at Two of the Clock in the Afternoon, in the Speaker's Chamber: And to send for Persons, Papers, and Records.

Cotten's Estate.

A Bill sent down from the Lords, intituled, An Act to enable Charles Cotten Esquire to sell Lands for Payment of Debts, and raising Portions for younger Children, was read the Second time.

Resolved, &c. That this Bill be committed to Mr. Gray, Mr. Choldmondley, Sir Tho. Littleton, Mr. Crouch, Sir Wm. Doyley, Mr. Westfaling, Colonel Strode, Mr. Eyres, Colonel Gilby, Sir Edw. Hungerford, Mr. Marvell, Sir John Mallett, Mr. Stockdale, Sir Grubham Howe, Mr. Spry, Mr. Palmes, Sir Scroope Howe, Sir John Hotham, Mr. Morris, Sir Fra. Russell, Mr. Sacheverall, Sir Richard Francklyn, Sir Trever Williams, Sir John Heath, Colonel Sands, Mr. Weld, Mr. Serjeant Maynard, Mr. Jay, Sir Tho. Stringer, Sir Courtney Poole, Sir Edm. Jenings, Sir Eliab Harvey, Mr. Garraway, Sir Geoff. Shakerley, Colonel Gray, Sir Fr. Drake, Mr. Dalton, Sir Tho. Lee, Sir Hen. Thompson, Mr. Chetwyn, Sir Francis Rolls, Sir Tho. Mompesson, Mr. Thompson, Mr. Swanton, Mr. Bennett, and all that serve for the Counties of Worcester, Derby, Stafford and Nottingham; and all the Gentlemen of the Long Robe: And they are to meet on Thursday next, at Two of the Clock in the Afternoon, in the Speaker's Chamber: And to send for Persons, Papers, and Records

Russell's, &c. Nat.

An ingrossed Bill for the Naturalization of Theodore Russell, and others, was read a Third time.

Resolved, &c. That the said Bill do pass: And that the Title be, An Act for the Naturalization of Theodore Russell, and others.

Bills sent to Lords.

Ordered, That Mr. Serjeant Rigby do go up to the Lords, with these Bills following;

A Bill intituled, An Act for the better Assurance of such as claim under ancient Fines and Recoveries; and another Bill, intituled, An Act for the Naturalization of Theodore Russell, and others.

Leave of Absence.

Ordered, That Sir Thomas Whitmer have the Leave of this House to go to the Bath.

Ordered, That Mr. Hobby have the Leave of this House to go into the Country.

Privilege against Lords Jurisdiction-Dalmahoy's and Onslowe's Cases.

Sir Thomas Lee reports from the Committee appointed to inspect the Journals of the House of Lords: and to see what Proceedings have been entered in the Case of Mr. Dalmahoy and Mr. Onslowe; That they had inspected the Lords Journals, as to the Case of Mr. Dalmahoy; and collected what Proceedings had been in the Case; but had no Opportunity or Time yet to do it in the Case of Mr. Onslow: Which Proceedings, being reported, were read; and delivered in at the Clerk's Table; and are as followeth; viz.

"19 Aprilis, 1675.

"The Appeal, brought by Crispe and Crispe, and complaining against a Decree in Chancery made, wherein Mr. Dalmahoy is recited to be one of the Plaintiffs."

"Cranborne and Bowyer is ordered to put in an Answer; and Dalmahoy, if he please."

"May 12, 1675.

"Ordered, That this House will hear Counsel at the Bar, upon the Petition and Appeal of Sir Nicholas Crispe, and others, against the Lady Viscountess Cranborne, the Lady Anne Bowyer, and Thomas Dalmahoy Esquire, and their Answer thereunto, depending in this House, on Wednesday the Nineteenth of this instant May, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause timely Notice to be given to the said Defendants, or their Agents in the said Cause, for that Purpose."

"May the 19th, 1675.

"Whereas Sir Nicholas Crispe Baronet, having an Appeal depending in this House against the Lady Cranborne, Lady Bowyer, and Thomas Dalmahoy Esquire, a Member of the House of Commons, hath prayed, that Counsel may be assigned him to plead his Cause upon the said Appeal; and hath named Counsel for that Purpose; it is Ordered, That Sir John Churchill, Serjeant Peck, Serjeant Pemberton, and Mr. Porter, named by the said Sir Nicholas Crispe, be and are hereby appointed to open and manage the said Cause, on the Part and Behalf of the said Sir Nicholas Crispe, on Thursday the Twenty-seventh Day of this instant May, at Ten of the Clock in the Forenoon, and at such other Times as it shall be depending in this House."

"Upon reading the Petition of Sir Nicholas Crispe Baronet, Thomas Crispe, and John Crispe Esquires, shewing, that, having an Appeal depending in this House, against Thomas Dalmahoy Esquire a Member of the House of Commons, and others, they are in Danger of being arrested, by an Order of the House of Commons; and therefore pray the Protection of this House, that they may have Liberty to prosecute their said Appeal with Freedom:"

"It is thereupon Ordered, That the said Sir Nicholas Crispe, John Crispe, and Thomas Crispe, and every of them; as also their Counsel, Agents, and such other Person or Persons as they shall employ in prosecuting the said Appeal before this House; be and are hereby privileged and protected accordingly by this House, until the Matter upon the Appeal be determined by their Lordships: And all Persons whatsoever are hereby prohibited from arresting, imprisoning, or otherwise molesting the said Sir Nicholas Crispe, John Crispe, and Thomas Crispe, or any of them, their or any of their Counsel, Agents, or Solicitors, upon any Pretence whatsoever, during the Time prefixed, as they, and such of them, will answer the contrary to this House."

"Maii 26

"The Cause between Sir Nicholas Crispe, &c. Plaintiffs, and Thomas Dalmahoy Esquire, Defendant, appointed to be heard the Twenty-seventh, was ordered to be heard the Twenty-eighth May."

"Maii 27.

"Upon reading the Petition of Sir Nicholas Crispe, complaining, that the Counsel assigned him by this House to plead his Cause at the Bar, wherein Mr. Dalmahoy is one of the Defendants, do refuse to plead for him in this Case, in regard of a Vote of the House of Commons; Sir Nicholas Crispe was called in; and testified, that he shewed the Order of this House to Serjeant Peck, Serjeant Pemberton, Sir John Churchill, and Mr. Porter: Whereupon"

"It is ordered, That whereas Sir John Churchill, Serj. Peck, Serj. Pemberton, and Mr. Porter, were, by Order of this House, dated on the Nineteenth Instant, assigned to be of Counsel for Sir Nicholas Crispe, John Crispe, and Thomas Crispe, in their Case depending in this House against Thomas Dalmahoy Esquire, a Member of the House of Commons, and other Defendants, at such Time as the said Cause shall be appointed to be pleaded at the Bar of this House, having appointed to hear the said Cause by Counsel on both Sides, To-morrow at Three of the Clock in the Afternoon; it is this Day Ordered, That the said Sir John Churchill, Serj. Peck, Serjeant Pemberton, and Mr. Porter, be and are hereby required to appear at the Bar of this House, To-morrow at Three of the Clock in the Afternoon, as Counsel to plead in the said Cause, on the Behalf of the said Sir Nicholas Crispe, John and Thomas Crispe; as they will answer the contrary to this House."

"Maii 28, 1675.

"Counsel heard at the Bar on both Parts, upon the Petition and Appeal of Sir Nicholas Crispe, &c. and the Answer of Diana Viscountess Cranburne, &c. and Thomas Dalmahoy Esquire, put in thereunto, concerning a Decree in Chancery:

Resolved, That Petition and Decree be dismissed."

"May 28th.

"This Day the House heard the Counsel of Sir Nicholas Crispe, John Crispe, and Thomas Crispe, upon their Petition and Appeal depending in this House; and also the Counsel of the Lady Bowyer and Mr. Dalmahoy, upon their Answer thereunto: And after a serious Consideration thereof, the Question being put, Whether this Petition of Appeal shall be dismissed this House;

It was resolved in the Affirmative."

Counsel committed for pleading at Lords in breach of Privilege.

Mr. Serjeant Pemberton, Sir John Churchill, Mr. Serj. Peck, and Mr. Porter, attending at the Door, in obedience to the Order of this House; and being severally called in; Mr. Speaker did severally acquaint them, that they were summoned to give an Account to the House of their appearing as Counsel at the Bar of the House of Lords, in the Prosecution of a Cause depending upon an Appeal, wherein Mr. Dalmahoy, a Member of this House, is concerned; in the manifest Breach of the Order of this House; and giving up, as much as in them lies, the Rights and Privileges of the Commons of England.

And they having answered, and made their Excuses to the Effect following, That they had no Notice of the Order or Vote of this House, but what they had heard in common Discourse abroad; and because they conceived Mr. Dalmahoy, a Member of this House, might be concerned, they refused several times to appear as Counsel, or to accept their Fees: But being assigned of Counsel for Sir Nicholas Crispe; and an Order of the House of Lords being served on them, to attend, at their Peril; and that then attending; and Mr. Dalmahoy having put in his Answer in the Lords House, and not insisting on his Privilege afterwards; and the Counsel for the Lady Bowyer, who was the principal Party concerned, denying to be of Counsel for Mr. Dalmahoy; they conceived they might safely appear as Counsel, without Breach of the Order, or invading the Rights and Privileges of this House; which was not intended by them. And Sir John Churchill, by way of further Excuse for himself, said, that he had Witnesses ready to prove, that Mr. Dalmahoy was willing and desirous to have the Business go forward. And the said Mr. Serjeant Pemberton, Sir John Churchill, Mr. Serjeant Peck, and Mr. Porter, did all of them humbly submit themselves to the Pleasure of the House, if they had in any Thing misbehaved themselves:

And being withdrawn; and the Matter debated;

The Question being put, That Serjeant Pemberton be taken into the Custody of the Serjeant at Arms attending this House;

The House divided.

The Yeas go out.

And so it was resolved in the Affirmative.

Ordered, That Serjeant Pemberton be taken into the Custody of the Serjeant at Arms attending this House, for his Breach of the Privilege of this House.

Ordered That Sir John Churchill be taken into the Custody of the Serjeant at Arms attending this House, for his Breach of the Privilege of this House.

Ordered, That Mr. Serjeant Peck be taken into the Custody of the Serjeant at Arms attending this House, for his Breach of the Privilege of this House.

Ordered, That Charles Porter Esquire be taken into the Custody of the Serjeant at Arms attending this House, for his Breach of the Privilege of this House.

A Member committed for appearing at Lords in breach of Privilege.

A Motion being made, That Sir John Fagg, a Member of this House, who, without Leave, has appeared in the Lords House, and put in his Answer to the Appeal of Doctor Shirley; after the Matter of his Privilege was, at his Instance, in Question in this House: and a Message sent up to the Lords, on his Behalf; for his Breach of Privilege of this House, might be sent Prisoner to the Tower;

And the Matter being debated;

Ordered, That Sir John Fagg, a Member of this House, be sent to the Prison of the Tower: And that Mr. Speaker do issue his Warrant to the Serjeant at Arms attending this House, for conveying him to the Tower, to be there kept in safe Custody, during the Pleasure of the House, for his Offence in breaking the Privilege of this House.

Ordered, That the Lieutenant of the Tower of London do take Sir John Fagg, a Member of this House, into his Custody, for his Offence in breaking the Privilege of this House; and him to detain in safe Custody, during the Pleasure of the House.

A Motion being made, That Mr. Dalmahoy might be sent to the Tower, for waving his Privilege, and putting in an Answer to a Petition exhibited against him in the House of Lords; but it appearing, that his Answer was put in, before any thing of the Privilege of this House was in question; and that he had since stood upon his Privilege, without appearing any further, or making any Defence therein;

The Question being put, That Mr. Dalmahoy be sent to the Prison of the Tower;

It passed in the Negative.

Ordered, That Sir Nicholas Crispe, Mr. John Crispe, and Mr. Thomas Crispe, be summoned to attend this House To-morrow Morning, Ten of the Clock.

Sir Wm. Bassett's Petition.

Information being given of a Petition delivered by Sir William Bassett, a Member of this House, against Mr. Nosworthy, another Member of this House;

Ordered, That the former Committee, appointed to inspect the Lords Journals, do see what Proceedings they find in the Matter of the Petition, alleged to be delivered by Sir Wm. Bassett, to the Lords House.

Defaulters to Call of the House.

Ordered, That the Names of the Defaulters which were appointed to be called over this Day, be called over To-morrow Morning, at Nine of the Clock.

Aulnage Duty.

Ordered, That the Committee to whom the Matter concerning the Duty of Aulnage is committed, be adjourned; and do sit To-morrow at Three of the Clock in the Afternoon, in the Place formerly appointed.

Committees.

Ordered, That all Committees, which were to sit this Afternoon, be adjourned; and do sit To-morrow, at Three of the Clock in the Afternoon, in the Places formerly appointed.

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