DIE Martis, 8 die Aprilis.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| | |
Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Ely.
Epus. Chichester.
Epus. Bath & Wells.
Epus. Chester.
Epus. Landaff.
Epus. Lyncolne.
Epus. Worcester.
Epus. Oxon.
Epus. Exon.
Epus. St. David's.
Epus. Bristol. |
Dux Cumberland.
Ds. Cancellarius.
Ds. Custos Privati Sigilli.
Marq. Winton.
Marq. Worcester.
L. Great Chamberlain.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Suff.
Comes Salisbury.
Comes Bridgewater.
Comes North'ton.
Comes Clare.
Comes Westmerland.
Comes Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Winchilsea.
Comes Carnarvon.
Comes Thannet.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Shaftesbury.
Comes Guilford.
Vicecomes Halyfax.
Vicecomes Newport. |
Ds. Delawar.
Ds. Berkeley.
Ds. Morley.
Ds. De Grey.
Ds. Fitzwalter.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. Chandos.
Ds. Norreys.
Ds. Brooke.
Ds. Grey de W.
Ds. Lovelace.
Ds. Paulet.
Ds. Maynard.
Ds. Howard Esc.
Ds. Herbert de Cherb.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Wotton.
Ds. Delamer.
Ds. Freschevile.
Ds. Arundell T.
Ds. Butler M. P. |
PRAYERS.
Proceedings against Lords impeached.
The Earl of Shaftesbury reported, from the Lords
Committees for Privileges, to whom was referred to
consider of the Method and Progress of the Proceedings
to be had upon the Trials of the Lords now Prisoners
in The Tower, upon the Impeachments brought up
against them from the House of Commons,
"That their Lordships are of Opinion, That the
Lords now Prisoners in The Tower ought to be
brought to the Bar together, and kneel there; and
then stand up, and hear the Articles of the Charge
against them read.
"That the said Lords may have Counsel, to plead for
them in Matter of Law, but not in Matter of Fact.
"That such Counsel as the said Lords shall name to
the House, shall have free Liberty of Access to their
Lordships, in order to their Trials.
"That the said Lords shall have free Liberty of any
Person coming to them, so as the Lieutenant do give
this House an Account next Morning of such Persons
as have been with them the Day before, if the House
do then sit; otherwise to give the said Account to
One of the Secretaries of State, and after to the
House at their next Sitting.
"That in regard that, in Cases of Impeachments in Parliament, the Lord High Steward, or Lord Steward of
the Household, being of Right to supply the Place
of Speaker in the House of Peers, an humble Address may be made to His Majesty, That He will be
pleased to appoint a Lord High Steward, to supply
the Place of Speaker of the House of Peers, during
the Time of the said Trial."
This Report was read, and Agreed to.
Lords impeached, to be brought to the Bar.
Whereas William Earl of Powis, William Lord Viscount Stafford, William Lord Petre, Henry Lord Arundell
of Warder, and John Lord Bellasis, now Prisoners in
The Tower of London, are impeached of High Treason, &c. by the Commons in Parliament assembled,
who have brought into this House particular Articles
against them:
It is this Day ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That the Lieutenant
of the said Tower be, and is hereby, required to bring
the said Earl of Powis, Lord Viscount Stafford, Lord
Petre, Lord Arundell of Warder, and Lord Bellasis, in safe
Custody, to the Bar of this House To-morrow, at Ten
of the Clock in the Forenoon, to hear the said Articles
wherewith they stand charged read unto them; and
for so doing, this shall be his sufficient Warrant.
Address for a Lord High Steward to be appointed, for their Trial.
ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That the Earl of Bedford, Earl
of Bridgewater, and Earl of Aylesbury, do attend His
Majesty, humbly to desire Him, from this House, "That
in regard that, in Cases of Impeachments in Parliament, the Lord High Steward, or Lord Steward of
the Household, being of Right to supply the Place
of Speaker in the House of Peers, His Majesty will
be pleased to appoint a Lord High Steward to supply
the Place of Speaker of the House of Peers, during
the Time of the Trials of the Lords now Prisoners
in The Tower, upon their Impeachments."
To have Counsel, and Access of Persons in The Tower.
Whereas William Earl of Powis, William Viscount
Stafford, William Lord Petre, Henry Lord Arundell of
Warder, and John Lord Bellasis, now Prisoners in The
Tower of London, being impeached by the House of
Commons of High Treason, are to make their respective Defences upon their Trials:
It is this Day ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That the said Lords
may have Counsel to plead for them, in Matter of Law,
but not in Matter of Fact; and that such Counsel as the
said Lords shall name to this House shall have free
Liberty of Access to their Lordships, in order to their
Trials; as also any other Persons to come to them, so as
the Lieutenant of The Tower do give this House an
Account next Morning of such Persons as have been
with them respectively the Day before, if the House do
then sit; otherwise he is to give the said Account to One
of the Secretaries of State, and after to the House at
their next Sitting.
Hicks released.
Whereas Robert Hix was this Day brought to the
Bar, by the Serjeant at Arms attending this House, for
uttering contemptuous Words, reflecting upon the Parliament; and there acknowledged his Offence, and begged Pardon, and received the Reprehension of this House
for the same:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Hix
shall attend the Lord Lovelace, to make his Submission,
for refusing to appear before his Lordship when summoned by him; and that he be, and is hereby, discharged from any further Restraint concerning this Matter, paying his Fees; and this shall be a sufficient Warrant on that Behalf.
To Sir Edward Carteret, Gentleman Usher
of the Black Rod attending this House,
his Deputy and Deputies, and every of
them.
Ward versus Booth.
Upon reading the Petition of William Ward Esquire,
an Infant, by Edward Lord Ward his Guardian and
next Friend, and John Levet Gentleman, and Mary his
Wife, being an Appeal from a Decree made in the
Court of Chancery on the 18th of February last,
concerning a Settlement of certain Manors and Lands,
in the County of Chester, late the Lands of Sir Thomas
Brereton Baronet, deceased, and other Matters in the
said Petition suggested:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Nathaniell Booth
be, and is hereby, required to put in an Answer in
Writing to the said Petition and Appeal, on Tuesday,
the 15th Day of this Instant April, by Ten of the Clock
in the Forenoon; whereof the Petitioners are to cause
timely Notice to be given to the said Nathaniell Booth
for that Purpose.
To hinder Officers from making undue Advantages of their Places, Bill.
Hodie 1a
vice lecta est Billa, "An Act for hindering
the Lord Treasurer of England, and other Officers
therein named, from making undue Advantages of
their Places."
Message from H. C. for a Conference, about the E. of Danby.
A Message was brought from the House of Commons,
by Mr. Booth and others:
To desire a Conference, concerning the Amendments
in the Bill touching the Earl of Danby.
The Answer returned was:
Answer.
That the Lords have considered the Message, and do
agree to a Conference; and appoint the same to be presently, in the Painted Chamber.
The House appointed the same Lords who managed
the former Conference, to report this Conference.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Report of the Conference.
Then the Lord Privy Seal reported the Effect of the
Conference; which was managed by Mr. Powl; who
said,
"That the House of Commons agree to some of their
Lordships Amendments made in the Bill concerning
the Earl of Danby; and to others they do not.
"They agree that the Words ["Consent and Advice"] be made to be ["Advice and Consent"].
"They agree that ["15th"] be instead of ["Tenth"].
"They agree that the Word ["ought"] be instead
of ["aught"].
"To the rest, they do not agree, for these Reasons:
"The Addition to the Title does shew, that the
Amendments made by your Lordships to this Bill do
wholly alter the Nature of it; and from a Bill of
Attainder, have converted it into a Bill of Banishment; which the Commons cannot consent to, for
these Reasons:
"1. That Banishment is not the legal Judgement
in Cases of High Treason; and the Earl of
Danby, being impeached by the Commons of
High Treason, and fled from Justice, hath already confessed the Charge, and therefore
ought to have the Judgement of High Treason
for his Punishment.
"2. That, Banishment being not the Punishment
the Law inflicts upon these Crimes, the Earl
of Danby might make Use of this Remission
of his Sentence as an Argument, that either
the Commons were distrustful of their Proofs
against him, or else that the Crimes were not
in themselves of so high a Nature as Treason.
"3. That the Example of this would be an Encouragement to all Persons that shall be hereafter impeached by the Commons, to withdraw
themselves from Justice (which they would
always be ready to do, if not prevented by a
Commitment upon their Impeachment); and
thereby hope to obtain a more favourable
Sentence in a Legislative Way, than your Lordships would be obliged to pass upon them in
your Judicial Capacity.
"The Amendments being all in order to
this Alteration, the Commons do not
agree to them, for the former Reasons."
Heads for another Conference to be prepared.
After some Consideration; the House agreed to have
a Conference with the House of Commons this Afternoon.
In the mean Time, the Lord Chancellor, Earl of Essex,
and the Earl of Shaftesbury, are appointed to consider
and draw up, according to the Sense of the House, what
will be fit to be offered to the House of Commons at
the Conference; and to present the same to the House
in the Afternoon.
Message to H. C. to sit P. M.
A Message was sent to the House of Commons, by
Sir Miles Coke and Sir John Hoskins:
To let the Commons know, that their Lordships intend to sit this Afternoon; and to desire that they will
sit likewise.
King's Answer concerning a Lord High Steward.
The Earl of Bedford reported, "That himself and
the other Lords, who were appointed to attend His
Majesty with the humble Address of this House, to
desire His Majesty, He would be pleased to appoint a
Lord High Steward, to supply the Place of Speaker
of the House of Peers, during the Time of the Trials
of the Lords now Prisoners in The Tower, upon their
Impeachments, had attended His Majesty: And His
Majesty gives this Answer, That He will speedily give
Order for a Commission for a Lord High Steward, as
is desired."
The Earl of Burlington, Earl of Shaftesbury, Lord
Viscount Halyfax, the Lord Berkeley, and the Lord Grey
de Warke, are added to the Committee for the Bill for
clearing London from Papists.
Lord Mohun's Bill.
Hodie 2a
vice lecta est Billa, "An Act to enable the
Trustees of the Manors and Lands, late of Charles
Lord Mohun, to sell Timber, and to make Leases for
Payment of his and his Father's Debts, and to raise
a Portion for his Daughter."
Committed to these Lords following:
| | |
L. Privy Seal.
Marq. Worcester.
E. Kent.
E. Derby.
E. Huntingdon.
E. Bedford.
E. Salisbury.
E. Bridgewater.
E. North'ton.
E. Bristol.
E. Clare.
E. Rivers.
E. Peterborough.
E. Winchilsea.
E. Strafford.
E. Scarsdale.
E. Clarendon.
E. Craven.
E. Aylesbury.
E. Burlington.
E. Shaftesbury.
Vicecomes Halyfax.
Vicecomes Newport. |
Epus. London.
Epus. Durham.
Epus. Sarum.
Epus. Ely.
Epus. Bath & Wells.
Epus. Chester.
Epus. Landaff.
Epus. Lyncolne.
Epus. Exon.
Epus. St. David's. |
Ds. Berkeley.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. Chandos.
Ds. Grey.
Ds. Byron.
Ds. Vaughan.
Ds. Rockingham.
Ds. Delamer.
Ds. Freschevile.
Ds. Arundell T. |
Their Lordships, or any Five of them; to meet
To-morrow Morning, at 9 of the Clock, in
the Lord Chancellor's Lodgings; and to hear
all Parties concerned; and to adjourn as they
please.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus
instantis diei, hora quinta, Dominis sic decernentibus.
Post meridiem.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| | |
Epus. Durham.
Epus. Bath & Wells.
Epus. Landaff.
Epus. Oxon.
Epus. Exon.
Epus. St. David's. |
Dux Cumberland.
Ds. Cancellarius.
Dux Albemarle.
Dux Monmouth.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Suff.
Comes Salisbury.
Comes Bridgewater.
Comes Leycester.
Comes North'ton.
Comes Denbigh.
Comes Clare.
Comes Rivers.
Comes Peterborough.
Comes Winchilsea.
Comes Carnarvon.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Aylesbury.
Comes Burlington.
Comes Shaftesbury.
Comes Guilford.
Vicecomes Fauconberg.
Vicecomes Halyfax.
Vicecomes Newport. |
Ds. Berkeley.
Ds. Fitzwalter.
Ds. Eure.
Ds. Wharton.
Ds. North & Grey.
Ds. Norreys.
Ds. Grey de Wark.
Ds. Howard de Esc.
Ds. Herbert de Cherb.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Delamer.
Ds. Freschevile.
Ds. Arundell de T.
Ds. Butler de M. P. |
PRAYERS.
Heads for a Conference on the E. of Danby's Bill.
The Lord Chancellor reported a Paper, containing a
Draught of what was prepared to be said at the Conference with the House of Commons; which was read.
And, after some Debate,
The Question was put, "Whether to agree to
these Words in the Paper ["do declare that
nothing which hath been done in the Earl of
Danbye's Case shall ever be drawn into Example for the Time to come"]?
It was Resolved in the Affirmative.
Protest against some Words.
"Dissentientibus,
"Tho. Culpeper.
Bathe."
ORDERED, That this House agrees with the Committee in this Report; which followeth:
Heads for a Conference concerning the E. of Danby's Bill.
"The Lords have desired this Conference with the
House of Commons, not so much to argue and dispute, as to mitigate and reconcile.
"They have already observed, that the Debates of
this Bill have given too long and too great an Obstruction to Public Business; and therefore they desire you to believe, that that is the Reason which
hath chiefly prevailed with their Lordships to interpose in a Matter of this Nature.
"And upon this Ground it is, that, if a Way may
be found to satisfy and secure the Public Fears, by
going less than the Bill you have proposed; the Lords
do not think it adviseable to insist upon the utmost and
the most rigorous Satisfaction to Public Justice, which
might be demanded.
"To induce you to this Compliance, the Lords do
acknowledge that Banishment is so far from being
the legal Judgement in Case of High Treason, that
it is not the legal Judgement in any Case whatsoever;
since it can never be inflicted, but by the Legislative
Authority: But they see no Reason why the Legislative
Authority should always be bound to act to the utmost
Extent of their Power; for there may be a prudential
Necessity sometimes of making Abatements, and might
be a fatal ill Consequence if it should not be so.
"And the Lords, to remove all Jealousies of any Precedent of this Kind, do declare that nothing which
hath been done in the Earl of Danby's Case shall ever
be drawn into Example for the Time to come; and will
so enter it upon their Journals.
"And therefore the Lords do insist upon their
Amendments, so far as to exclude all Attainders; and
do promise themselves, the Commons will in this Point
comply with their Lordships, who do again assure
them, that their Resolutions are grounded only upon
their Tenderness and Consideration of the Public."
Message from H. C. with a Bill.
A Message was brought from the House of Commons,
by Sir Thomas Clargis and others; who brought up a
Bill, intituled, "An Act for the better securing the
Liberty of the Subject, and for Prevention of Imprisonments beyond the Seas;" to which their Lordships Concurrence is desired.
ORDERED, That this Bill be read To-morrow.
Message to them, for a Conference on the E. of Danby's Bill.
A Message was sent to the House of Commons, by
Sir Tymothy Baldwin and Sir John Franklyn:
To desire a present Conference, in the Painted Chamber, concerning the Matter of the last Conference,
touching the Earl of Danby's Bill.
Bill to clear London and Westm. of Papists.
ORDERED, That the Committee for the Bill for
freeing the City of London and Parts adjacent from
Popish Inhabitants are hereby appointed to sit Tomorrow Morning, at Nine of the Clock; and have
Power given them to add such Clauses to the said Bill
as they shall think sit, upon some Heads for Prevention
of Popery; and report unto the House.
The Messengers returned with this Answer:
Answer from H. C.
That the House of Commons will give a Conference,
as is desired.
Report of the Conference.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
And the Earl of Huntingdon reported, "That he had
delivered the Paper to the House of Commons, at the
Conference."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 9um
diem instantis Aprilis, hora decima Aurora, Dominis
sic decernentibus.