House of Commons Journal Volume 9: 7 June 1675

Lunæ, 7 die Junii, 1675.

Prayers.

Cotton's Estate.

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 time.

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 accordingly.

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.

Exporting Leather.

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 House.

And then the House adjourned till Four of the Clock in the Afternoon.

Post Meridiem.

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 Day.

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 proceed therein.

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.