the lords agreement to a conference, with pro- | been in that Case; but had no opportunity or viso that nothing be offered at the conference time yet to do it in the Case of Mr. Onslow : that may any way concern their lordships judi- which proceedings being reported, were read, cature, is in effect a denial of any conference and delivered in at the Clerk's-table; and are at all, upon the subject on which it was de- as follow, viz. "April 19, 1675; sired which ought not to be; the judicature which their lordships claim in Appeals against a member of the h. of commons, and the privilege of that house, being in that case so involved, that there can be no conference upon the latter, without some way touching upon the former. That this manner of agreeing to a conference with any limitation or proviso, is against the course of proceedings betwixt the two houses of parliament, in coming to confer- | ence, and doth seem to place a power in the managers of such conferences to judge whether such provisos be broken or not, and accordingly to proceed, or break off the conference upon their own judgments."

May 31. A Message from the lords by sir Mondeford Brampston, and sir Wm. Beversham: "Mr. Speaker, The lords have commanded us to acquaint you, that they desire a Conference presently in the Painted-Chamber, with the h. of commons, upon their.not coming to the Conference desired by them, on Thursday last, and by the lords appointed to be at ten o'clock in the Painted-Chamber, on Friday the 28th inst."-The messengers being withdrawn, and the Message debated, a present conference upon the question was agreed.

"The Appeal brought by Crispe and Crispe, complaining against a decree in chancery made, wherein Mr. Dalmahoy is recited to be one of the petitioners; Cranbourne and Bowyer are ordered to put in an Answer, and Dalmahoy if he please.-May 12. Ordered, That this house will hear counsel at the bar, upon the Petition and Appeal of sir Nich. Crispe, and others, against the lady viscountess Cranbourne, the lady Anne Bowyer, and Thomas Dalmahoy, esq. and their Answer thereunto, depending in this house on Wednesday the 19th inst. whereof the petitioners are to cause timely notice to be given to the said defendants, or their agents in the said case, for that purpose.May 19. Whereas sir Nich. Crispe, bart. having an Appeal depending in this house, against the lady Cranbourne, lady Bowyer, and Tho. Dalmahoy, esq. 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, serj. Peck, serj. Pemberton, and Mr. Porter, named by the said sir Nich. Cripse, be, and are hereby appointed to open, and manage the said cause, on the part and behalf of the said Sir John Trevor reports, from the Confer- sir Nich. Crispe; on the 27th of this instant ence, that the lords had declared the intent May; and at such other times, as it shall be of this conference, to the effect following, viz. depending in this house. Upon reading the "That the lords have appointed this confer- Petition of sir Nich. Crispe, bart. Tho. Crispe, ence, out of that constant desire and resolution and John Crispe, esqrs. shewing; that having they have to continue a fair correspondence an Appeal depending in this house against Tho. between the two houses; which is of the es-Dalmahoy, esq. a member of the house of comsence of parliamentary proceedings. For this mons, and others; they are in danger of being end their lordships have commanded us to tell arrested by an Order of the h. of commons; you, that they cannot but take notice of the h. and therefore pray the protection of this house, of commons failing to be, on Friday last, at a that they may have liberty to prosecute their conference desired by themselves and appoint- said Appeal with freedom: it is thereupon ored by the lords at 10 o'clock in the Painted-dered, that sir Nicholas Crispe, &c. or any of Chamber. That they conceive it tends to an interruption of all parliamentary Proceedings, and to evade the right of the lords to appoint time and place for a conference."

Ordered, That it be referred to the former committee, who are appointed to draw up Reasons, to be offered at a Conference to be had with the lords upon the subject matter of their Answer, to the Message of this house, in the Case of Mr. Onslow, to consider of the matter delivered by the lords at the last conference; and to prepare and draw up farther Reasons, to be offered at another conference. And Mr. Serjeant Maynard, and Mr. Sawyer, are to take notice to attend the same.

June 1. Sir Tho. 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. Onslow, that they had inspected the Lords Journals as to the Case of Mr. Dalmahoy, and collected what proceedings had

them, their or any of their counsel, agents or solicitors, or 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 Nich. Crispe, &c. upon any pretence whatsoever, during the time prefixed, as they or such of them will answer the contrary to this house.-May 26. The Cause between sir Nich. Crispe, &c. plaintiffs, and Tho. Dalmahoy, esq. defendant, appointed to be heard the 27th, was ordered to be heard the 28th.May 27. Upon reading the Petition of sir Nich. Cripse, 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 Nich. 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 19th inst. assigned to be of counsel for sir Nicholas Crispe, John Crispe, and Tho. Crispe, in their Cause depending in this house, against Tho. Dalmahoy, esq. a member of the h. of commons, and other defendants, at such time as the said Cause shall be appointed to be pleaded at the bar of this house; and having appointed to hear the said cause, by counsel on both sides, to-morrow at three in the afternoon; It is this day Ordered, That the said sir John Churchill, serj. Peck, serj. Pemberton, and Mr. Porter, he, and are hereby required, to appear at the bar of this house, to-morrow, at three in the afternoon, as counsel to plead in said Cause, on the behalf of the said sir Nich. Crispe, John Crispe, and Tho. Crispe, as they will answer the contrary to this house.-May 28. Counsel heard at the bar on both parts, upon the Petition and Appeal of sir Nicholas Crispe, &c. and the Answer of Diana viscountess Cranbourne, &c. and Tho. Dalmahoy, esq. put in thereunto concerning a decree in chancery: Resolved, That the Petition and 'Decree be dismissed."

being served on them to attend at their peril,
and that then attending, and Mr. Dalmaboy
having put in his Answer in the lords house,
and not insisting on his privilege afterwards,
and the council for lady Bowyer, who was the
principal party concerned, denying to be of
council for Mr. Dalmahoy, they conceived they
might safely appear as council without breach
of the Order, or invading the rights and pri-
vileges of this house, which was not intended
by them; and sir John Churchill, by way of
farther excuse for himself, said, that be bad
witnesses ready to prove that Mr. Dalmahoy
was willing and desirous to have the business
go
forward.

They are ordered into Custody.] And the said Mr. serj. Pemberton, sir John Churchill, Mr. serj. 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 serj. Pemberton be taken into custody of the serjeant at arms attending this house. It was resolved in the affirmative. Ordered, That serj. Pemberton, sir John Churchill, Mr. serj. Peck, and Cha. Porter, esq. be taken into custody of the serjeant at arms attending this house*.

Other Reasons to be offered to the Lords.] June 2. Ordered, That sir Rd. Temple, Mr. Vaughan, and sir Thomas Lee do withdraw, and attend the Reasons upon the debates of the house: which was done and the Reasons agreed to are as follow: "The house of commons do agree with the lords, that conferences between the two houses, are essential to par

"The same day, the house heard the counsel of sir Nich. 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,liamentary proceedings, when they are agreed whether this Petition and Appeal shall be dismissed this house? It was resolved in the affir

mative.

to a Message of the house of commons, sent to the lords the 17th of May, in the Case of Mr. Onslow; to the which the lords did not agree, but did only agree to a conference concerning their Privileges in general, without reference to the case of the said Mr. Onslow;

in the usual and parliamentary way; but the manner of the lords agreement to the Conferrence, to have been on Friday the 28th of Proceedings against several Barristers for May, in the Painted-Chamber, with limitation pleading before the Lords in Breach of an Or- and proviso, did necessitate the house of comder of the Commons.] June 1. Mr. serj. mons to forbear to meet at that conference, Pemberton, sir John Churchill, Mr. Serj. Peck, and gave the first interruption to parliaand Mr. Porter, attending at the door, in obe- mentary proceedings, in conferences between dience to the order of the house of commons; the two houses.-For that the Conference deand being severally called in, Mr. Speaker did sired by the commons, was upon their Privi severally acquaint them, that they were sum-leges, concerned in the Answer of the lords moned to give an account to the house, of their appearing as Council 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 council, or to accept their fees; but being assigned of council for sir Nicholas Crispe, and an Order of the house of lords

"During the debate upon this Resolu tion, some ladies were in the gallery, peeping over the gentlemen's shoulders. The Speaker spying them, called out, What Borough do those ladies serve for?' to which Mr. Wm. Coventry replied, They serve for the Speaker's Chamber! Sir Tho. Littleton said, The Speaker might mistake them for gentlemen with fine sleeves, dressed like ladies' Says the Speaker, I am sure I saw petticoats." Grey.

give any judgment.-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 prootherwise restrained of his liberty, but by due process of law.—This tends to the subversion of the government of the kingdom, and to the introducing of arbitrariness and disorder.Because it is the nature of an injunction from the lower house, (who have no authority or power of judicature over inferior subjects, much less over the king and lords) against the orders and judgments of the supreme court.We are farther 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 judgment 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 goalers, and all persons whatsoever, from arresting and 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 entrusted for putting the laws in execution. And we are farther commanded to read to you a roll of parliament in the 1st year of the reign of king Hen. ivth, whereof we have brought the original with us."

which was the only subject matter of the desired conference. The limitation in the lords agreement to a conference, with proviso that nothing be offered at the conference that may any ways concern the lords judicature, is invided, that no freeman shall be imprisoned or effect a denial of any conference at all, upon the subject upon which it was desired; which ought not to be. The judicature which the lords claim in appeals against a member of the house of commons, and the privilege of that house in that case, is so involved, that no conference can be upon the matter, without Sone way touching the former. That this manner of agreeing to a conference, with any limitation or proviso, is against the course of proceedings between the two houses, in coming to conferences; and both seem to place a power in the managers of such conferences, to judge whether such provisos be broken or not, and accordingly to proceed or break off the conference upon their own judgments.The house of commons doubt not, but that, when the lords have considered of what is delivered at this Conference, the good correspondence which the lords express they desire to continue between the two houses (which the commons are also no less careful to maintain) will induce them to remove the present interruption of coming, to conferences; and therefore to agree to the conference, as it was desired by the house of commons, upon the privileges of their house, concerned in the lords Answer to the Message of the house of commons, in the Case of Mr. Onslow: That the particular limitation, that nothing be offered at the Conference, that may any way coucern the judicature of the lords, appears unreasonable; for that their lordships judicature in parliament is circumscribed by the laws of the land, as to their proceedings and judgments; and is, as well as all other courts, subjected to parliament."

The Lords Replies.] June 3. Mr. Vaughan reports, That the lord privy seal did manage the Conference, and had delivered the intent and occasion of the Conference; which Mr. Vaughan did report to the house, to the effect following: "The lords to take notice of the house of commons their ordering into custody of their serjeant, Mr. serj. Peck, sir John Churchill, Mr. serj. Pemberton, and Mr. serj. Porter, counsellors at law; assigned by their lordships to be of counsel in an Appeal heard at their lordships bar, in the case of sir Nich. Crispe, against the lady Bowyer, Mr. Dalmahoy, and others; 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. It is an unexampled usurpation and breach of privilege against the house of peers, that their orders or judgments 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

And a debate arising thereupon; resolved, That a Conference be desired with the lords upon the subject matter of the last Conferrence; and that these members following be appointed to prepare and draw up Reasons upon the debates of the house, to be offered at the conference.-Ordered, That the officer, in whose custody is the Record of the 1st of Hen. iv th, mentioned at the conference with the lords, do attend the committee appointed to draw up Reasons for another conference this afternoon.

Ordered, That no member of this house do attend the lords house, upon any summons from the lords, without leave of the house.

The Thanks of the House given to the Speaker for causing serj. Pemberton to be seized in Westminster-hall.] June 4. Ordered, “That the Thanks of the house be returned to Mr. Speaker, for causing Mr. Serj. Pemberton, formerly committed by order of this house to the custody of the serjeant at arms attending this house, for Breach of Privilege, to be seized and taken into custody in Westminster-hall, for his breach of privilege."

The four Barristers seized and sent to the Tower. The house being informed, that sir John Churchill, Mr. Serjeant Peck, and Mr. C. Porter, who were ordered to be taken into custody of the serj. at arms attending this house, are now in Westminster-hall; Ordered, That the serjeant at arms now at tending this house, do go with his mace into Westminster-hall, and do execute the Order of

this house and the Warrant of Mr. Speaker | judicature there, is a diminution of the dignity thereupon, for seizing and bringing in custody Mr. serj. Peck, sir John Churchill and Mr. Ch. 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 bad brought the said Mr. serj. Peck, sir John Churchill and Mr. Ch. Porter, in custody, into the Speaker's Chamber.-The question being put that sir John Churchill, Mr. serj. Peck, Mr. serj. Pemberton, and Mr. Ch. Por ter be sent to the Tower, for their breach of privilege and contempt of the authority of this house? It was resolved in the affirmative.

Ordered, That John Popham, esq. the now serjeant at arms attending this house, be protected against all persons that shall any ways molest or hinder him from executing his office. Other Reasons to be offered the Lords.] Sir Tho. 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 agreed to, as follows: "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 of 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, that it was in order to a good correspondency between the two houses, that your lordships should immediately assume a power to judge the orders of the h. of commons for imprisonment of Mr. serj. Pemberton, Mr. serj. Peck, sir John Churchill, and Mr. Ch. 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 h. of commons, throughout the whole conference: whereby your lordships have condemned the whole h. of commons as criminal, which is without precedent or example, or any ground or reason so to do. It is not against the king's dignity for the h. of commons to punish by imprisonment, a commoner that is guilty of violating their privileges, that being according to the known laws and customs 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 ldps. claim ing to be the supreme court, and that his maj. is highest in his royal estate in the court of

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 by this imprisonment infringe any privileges of the h. of peers, but only defend and maintain their own on the other side, your lordships do highly intrench upon the rights and privi leges of the h. of commons, by denying them to be a court or to have any authority or power of judicature; which, if admitted, will leare them without any power or authority to preserve themselves. As to what your lordships call a transcendent invasion of the rights and liberties of the subject, and against Magna Charta, the Petition of Right, and many other laws; the b. of commons presume that your lordships know that neither the Great Charta, Petition of Right, or any other laws, do take away the law and custom of parliament, or of either house of parliament, or else your lordships have very 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 law or ancient custom of parliament, that your lordships have any jurisdiction in cases of Appeal from the courts of equity.-We are farther commanded to acquaint you, that the enlargment of those persons in prison by or der of the h. of commons, by the gentlemanusher of the black rod, and the prohibition which threatens all officers and other persons whatsoever, not to receive or detain them; is an apparent breach of the rights and privileges of the h. of commons: and they have, therefore, caused them to be retaken into the custody of the serjeant at arms attending this house, and have committed them to the Tower.-As for the Parliament-Roll of the 1st Hen. iv th, caused to be read by your lordships at the last Conference, but not applied; the commons apprehend it doth not concern the case in ques tion: for that this record was made upon oc casion of judgments given by the lords, to de pose and imprison their lawful king; to which the commons were not willing to be made par ties. And therefore the commons conceive it will not be for the honour of your lordships to make farther use of that Record.-But we are commanded to read your lordships the Parlia ment-Roll of 4 Edw. iii. N. 6, which if your lordships please to consider, they doubt no but your lordships will find occasion to apply to the present purpose."

Ordered, That the Thanks of the house be given to the Speaker, for his care in issuing the Warrant for retaking the persons committed yesterday into custody.

The Serjeant at Arms was then ordered to be sent to the Tower; and the other serjeant at arms attending, was ordered to apprehend him for betraying his trust, in not executing his office, in bringing the persons committed yesterday to his custody, to the bar of the

house. An address was ordered to be prepared to be presented to his majesty, to desire a new Serjeant at Arms to attend the house.

June 5. Mr. Sec. Coventry acquainted the house, that it was his majesty's desire, that the house would adjourn till 4 in the afternoon, and that both houses should at that time attend him in the banqueting-house at Whitehall.-A debate arising touching the Removal of John Popham esq. serjeant at arms in ordinary, attending the house yesterday, the farther debate thereof was adjourned till 5 o'clock in the afternoon, and then the house adjourned till 4 in the afternoon.

Tower; whereupon the lord treasurer reported his majesty's Answer, viz. "That his majesty hath considered the circumstances of the matter, and is not satisfied how with justice he can remove him."

The commons then took into consideration his majesty's Speech, and resolved, nem con, That the humble Thanks of this house be returned to his majesty, for the gracious expressions in his Speech this day made to both houses of parliament; and such members of this house as are of his majesty's privy council are desired to present the humble thanks of this house to his majesty.

Resolved, "That it doth not appear to this

contrived or promoted the Difference between the two houses of parliament; or, in asserting the Rights of the commons of England, and the Privileges of this house, hath done any thing inconsistent with his duty, or the trust reposed in him." And then adjourned to June 7.

June 7. The house resolved, That what serj. Popham did in retaking the four lawyers into his custody, and conducting them to the Tower of London, was in pursuance of his duty, and by the order of the house; and the farther debate concerning the said serjeant at arms was adjourned till Wednesday.

A copy of an Order from the house of lords for the hearing counsel in the Case of sir John Fagg, a member of this house, to-morrow morning, was then read and debated: and resolved, That as to the Case of Appeal brought against sir John Fagg in the house of lords, he shall have the protection and assistance of this house.

The King's Speech to both Houses at the Ban-house, that any member thereof hath either queting House] June 5. p. m. The commons met, and went in a body to his majesty at White-ball; and the house of lords being also present, his majesty made the following Speech: "My Lords and Gentlemen; You may remember, that, at the meeting of this session, I told you no endeavour would be wanting to make the continuance of this parliament unpracticable. I am sorry that experience hath so quickly shewed you the truth of what I then said; but I hope you are well convinced, that the intent of all these contrivances is only to procure a Dissolution. I confess, I look upon it as a most malicious design of those who are enemies to me and the Church of England; and, were the contrivers known, I should not doubt but the dislike of their practices would alone be a means of bringing the houses to a good understanding; but, since I cannot prescribe any way how to arrive to the discovery of it, I must tell you plainly my opinion, that the means to come to any composure between yourselves, cannot be without admitting of such free Conferences, as may convince one another by the Reasons then offered; or enable me to judge rightly of the differences, when all hath been said on both sides which the matter will afford: for I am not to suffer these differences to grow to disorders in the whole kingdom, if I can prevent it; and I am sure my judgment shall always be impartial between my two houses of parliament. But I must let you know, that whilst you are in de-ingly.' bate about your Privileges, I will not suffer my own to be invaded. I have nothing more to say to you at this time, but to desire, as I did when we met first, that you would yet consider, and not suffer ill men's designs to binder the sessions from a happy conclusion." The house of lords presented an Address to his majesty, to remove the lieutenant of the

Resolved, nem con, "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 or 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 accord

Ordered, That these Votes be made public, by setting them up in Westminster-hall, and in the lobby of this house, and the clerk of the house to take care to see it done.

June 7, p. m. The commons proceeded in the farther consideration of effectual means for the preservation of their Rights and Privileges, and resolved, 1. "That no person, committed by Order or Warrant of this house, for breach of the Privileges or contempt of the authority of the house, ought to be discharged during this session of parliament, without the Order or Warrant of this house. 2. That the Lieutenant of the Tower of London, in receiving and detaining in custody sir John Churchill, serj. Peck, serj. Pemberton, and Mr. Porter, bath performed his duty according to law; and for his so doing he shall have the 3 B