House of Lords Journal Volume 12: 3 June 1675

DIE Jovis, 3 die Junii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Heads for a Conference concerning H. C. attaching Peck & al. Crispe's Counsel.

The Lord Privy Seal reported, "That the Committee hath prepared what is fit to be offered at the intended Conference with the House of Commons; which they offer to the Consideration of the House."

The Paper was read, and Agreed to with some Amendments; videlicet,

"1. The Lords to 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 Counsellor 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.

"2. Their Lordships do judge this Order for Imprisonment to be illegal and arbitrary, and the Execution thereof a great Indignity to the King's Majesty in this His highest Court of Judicature in the Kingdom, 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.

"3. It is an unexampled Usurpation, and Breach of Privilege against the House of Peers, that their Orders or Judgements should be disputed, or endeavoured to be controlled, 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 Judgement.

"4. 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 should be imprisoned, or otherwise restrained of his Liberty, but by due Process of Law."

"5. This tends to the Subversion of the Government of this Kingdom, and the introducing of Arbitrariness and Disorder:

"Because it is in Nature of an Injunction from the Lower House (who have no Authority nor Power of Judicature over Inferior Subjects, much less over the King and Lords), against the Orders and Judgements 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 Judgement 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 1 of H. IV. whereof we have brought the Original with us."

Serj. Peck & al. Crispe's Counsel, protected.

Whereas Mr. Serjeant Peck, Sir John Churchill, Mr. Serjeant Pemberton, and Mr. Charles Porter Counsellor at Law, have the Protection of the House of Peers granted to them, and every of them, from all Arrests and Imprisonments, for appearing as Counsel at the Bar of this House, upon an Appeal brought by Sir Nicholas Crispe, against the Lady Bowyer, Mr. Dalmahoy, and others:

It is this Day ORDERED, That the Lieutenant of The Tower of London, and all other Keepers of Prisons, and Gaolers, and all other Persons whatsoever, be, and they and every of them is and are hereby, strictly prohibited from arresting, imprisoning, detaining, or otherwise molesting or charging, the said Gentlemen, or any of them, in this Case, as they and every of them will answer the contrary to this House at their Peril.

Order for Copies of Records.

ORDERED, That the Officer that keeps the Records of The Tower of London do forthwith make true Copies of the Rolls of 1 H. IV. N. 79, 4° H. IV. N. 10, and 9 H. IV. N. 21, and send them to the Clerk of the Parliaments, for the Service of the House of Peers.

Conference concerning the H. C. attaching Peck & al. Crispe's Counsel.

The Commons being ready in the Painted Chamber to give the Lords a Conference, the House nominated the same Lords to be Managers of this Conference as reported the Conference Yesterday.

Then the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report.

The Lord Privy Seal reported, "That the Managers of the Conference had delivered what they were directed, and had read the Record to the Commons."

Russel & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, "An Act for the Naturalization of Theodore Russell and others."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Their Lordships, or any Five or more of them; to meet To-morrow Morning, at Nine of the Clock, in the Prince's Lodgings; and to adjourn themselves as they please.

ORDERED, That this House will take into Consideration the Matter of the Conference from the House of Commons Yesterday, To-morrow Morning.

ORDERED, That the Committee for Privileges do meet this Afternoon, at Four of the Clock.

E. Dorset versus Palmer, Privilege, for assaulting Ghost, Constable of Salisbury Court.

Upon Complaint to this House, "That William Palmer, a Constable in The Old Bayly in London, hath violated the Privilege of Parliament, on the 26th of May last, in assaulting Thomas Ghost, Constable, chosen by the Leet for the Manor of Dorset, alias Salisbury Court, being the Royalty of the Earl of Dorsett; and uttering Words very scandalous against the said Earl:"

It is ORDERED, That the said William Palmer be, and is hereby, required to appear at the Bar of this House, to answer to the said Complaint, on Saturday the Fifth Day of this Instant June, at Ten of the Clock in the Forenoon; at which Time the said Thomas Ghost, as also Joseph Rose and Robert Scudder, are hereby required to appear at the Bar, to testify what they know concerning the same.

Villiers and E. Denbigh, and D. Bucks, concerning the Title of Visc. Purbeck.

Whereas this Day was appointed to hear Counsel, at the Bar, upon the Petition of the Earl of Denbigh, and the Plea of Robert Villiers put in thereunto, concerning his Claim to the Title of Viscount Purbeck, as also what the Counsel of his Grace the Duke of Bucks should object against the said Plea; the Counsel of the said Robert Villiers attending, but no Counsel for the Duke of Bucks, nor the Earl of Denbigh:

Upon Debate had by this House, as well of and concerning the said Petition, as the said Plea, it is ORDERED, That the said Petition of the Earl of Denbigh be, and is hereby, dismissed this House; and that the Duke of Bucks shall pay Twenty Pounds Costs to the said Robert Villiers, for his Counsel's Attendance on this House in this Cause.

L. Widdrington's Privileges Robinson & al. committed, for aresting Burwell his Servant.

This Day Master Robinson and John Heron were brought to the Bar, as Delinquents, for arresting George Burwell, menial Servant to the Lord Widdrington, contrary to the Privilege of Parliament.

They pleaded Ignorance, that they knew not that the said Burwell was his Lordship's Servant.

But it appearing to the House, and owned by the Lord Widdrington, to be his Servant; it is ORDERED, That the said Robinson and Heron do stand committed to the Custody of the Gentleman Usher of the Black Rod, until the further Pleasure of this House be known.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, quartum diem instantis Junii, inter horam decimam & undecimam, Dominis sic decernentibus.

Hitherto examined by us,
Anglesey. Dorsett.
J. Bridgewater.
Bolingbrooke.
Dover.
Clarendon.
Stafford.
Holles.