DIE Jovis, 12 die Decembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
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Arch. Cant.
Epus. Durham.
Epus. Winton.
Epus. Chichester.
Epus. Ely.
Epus. Norwich.
Epus. Gloucester.
Epus. Hereford.
Epus. Chester.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Oxon.
Epus. Rochester.
Epus. Bangor.
Epus. Landasse.
Epus. Lyncolne. |
Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Dux Bucks.
Dux Richmond.
Marq. Wor'ester.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ.
Edwardus Comes Manchester, Camerarius Hospitii.
Comes Oxon.
Comes Bedford.
Comes Suffolke.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Clare.
Comes Bolingbrooke.
Comes Berks.
Comes Rivers.
Comes Dover.
Comes Petriburgh.
Comes Portland.
Comes Strafford.
Comes Sunderland.
Comes Norwich.
Comes Scarsdale.
Comes Essex.
Comes Bath.
Comes Carlile.
Comes Aylsebury.
Vicecomes Mountagu.
Vicecomes Say et Seale.
Vicecomes Conway.
Vicecomes Fauconberg. |
Ds. Arlington, One of
the Principal Secretaries of State.
Ds. Delaware.
Ds. Berkley de Berkley.
Ds. Sandys.
Ds. Windsor.
Ds. Pagett.
Ds. Chandos.
Ds. Petre.
Ds. Arundell de Warder.
Ds. Tenham.
Ds. Howard de Charlt.
Ds. Lovelace.
Ds. Howard de Esc.
Ds. Powis.
Ds. Newport.
Ds. Byron.
Ds. Vaughan.
Ds. Carington.
Ds. Widdrington.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brand.
Ds. Lexington.
Ds. Berkley de Strat.
Ds. Delamer.
Ds. Holles.
Ds. Ashley.
Ds. Crewe.
Ds. Arundell de Treric. |
PRAYERS.
D. of York, Leave to give Information in the House of Commons.
The Earl of Petriburgh said, "He was commanded
by his Royal Highness to acquaint their Lordships, That he had received a Desire from the House
of Commons, that he would be pleased to inform
them what he knew concerning the late Business at
Sheerness; which his Highness, out of Respect to
this House, did think fit to give them the Knowledge
of, with a Desire to have the same Liberty as the
Duke of Cumberland had in the like Case."
And this House left it wholly to his Royal Highness, to do therein as he shall think fit. And their
Lordships, being very sensible of this great Respect,
appointed the Earl of Petriburgh to return his Royal
Highness the hearty Thanks of this House for his said
Respects.
Report concerning Acts near expiring.
The Duke of Richmond reported, "That the Committee appointed to consider of what Acts are near
expiring, and what are fit to be continued, have
received a List from Mr. Attorney General of what
Acts were near expiring: and the Opinion of the
Committee is, That a short Bill be prepared, that
such Acts as are near expiring may be continued
to the End of the First Session of the next Parliament. But the Lords Committees having no Order
for their offering any Bill for that Purpose, do desire the Direction of the House therein."
The House gave no Directions herein; holding it
requisite that the Matter of those Acts should be first
considered.
Palmes' Bill.
Hodie 2a
vice lecta est Billa, "An Act for exchanging
certain Manors and Lands of William Palmes Esquire, for other Lands settled upon him and his
Issue by Mary his Wife."
ORDERED, That the Consideration of this Bill is
committed to these Lords following:
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Dux Richmond.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Bolingbrooke.
Comes Dover.
Comes Clare.
Comes Scarsdale.
Comes Sunderland.
Comes Norwich.
Comes Aylsebury.
Vicecomes Fauconberg. |
Epus. Durham.
Epus. Winton.
Epus. Chichester.
Epus. Ely.
Epus. Hereford.
Epus. Chester.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Oxon.
Epus. Rochester. |
Ds. Berkley de Berkley.
Ds. Sandys.
Ds. Windsor.
Ds. Pagett.
Ds. Arundell de Warder.
Ds. Powis.
Ds. Lovelace.
Ds. Newport.
Ds. Byron.
Ds. Widdrington.
Ds. Vaughan.
Ds. Bellasis.
Ds. Lucas.
Ds. Lexington.
Ds. Gerard de Brand.
Ds. Arundell de Treric. |
Their Lordships, or any Five; are to meet Tomorrow in the Afternoon, at Three of the Clock,
in the Prince's Lodgings; and to hear all Parties
therein concerned.
C. J. K. B. may answer a Complaint against him in H. C.
The House being informed, "That the Lord Chief
Justice of the King's Bench, an Assistant to this House,
is ordered to appear before the House of Commons,
to answer some Complaints against him, which he
thinks fit to acquaint their Lordships with:"
The House leaves it to him to do therein as he thinks
fit.
Killigrew, King's Servant, Privilege, sued to an Outlawry:
Upon reading the humble Petition of Thomas Killegrewe, One of the Grooms of His Majesty's Bed-chamber;
shewing, "That one John Jackson, and Thomas Childe
his Attorney, have this last Term prosecuted him to
an Outlawry, sitting the Parliament, contrary to the
Privilege of Parliament:"
Jackson and Child sent for.
It is thereupon ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That the said John
Jackson and Thomas Childe be, and are hereby, required
to appear at the Bar of this House To-morrow, at Ten
of the Clock in the Morning, to answer their said Offences: And hereof they may not fail.
Sir W. Juxon's Bill.
Hodie 3a
vice lecta est Billa, "An Act for enabling
Sir William Juxon Knight and Baronet, Executor of
the last Will and Testament of William Juxon late
Archbishop of Canterbury; to receive Part of his
Estate."
And the Question was put, "Whether this Bill
shall pass?"
It was Resolved in the Affirmative.
Bill for banishing the E. of Clarendon.
Hodie 3a
vice lecta est Billa, "An Act for banishing
and disenabling the Earl of Clarendon."
The Question being put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Protests against it.
"I, whose Name is underwritten, do, according to
the ancient Right and Usage of all the Peers of the
Realm assembled in Parliament, after due Leave
demanded from the House in the usual Manner and
Form, as the Journal Book doth shew, enter and record
my Protestation and Dissent, as followeth; and for
these Reasons:
"1. That, without having ever been in Prison, or
Imprisonment appointed, or any legal Charge
brought, it seems unjust to punish the Earl
of Clarendon for only withdrawing himself, it
not being at all certain to the House that he
is gone out of the Kingdom; and if it were
known to the Lords that he were fled beyond
the Seas, though the Fault would be very
great in a Person who hath lately been in such
Trust, yet perpetual Exile, and being for ever
disabled from bearing any Office, and the
other Penalties in the Bill, seems too severe a
Censure.
"2dly, That it may perhaps give some Occasion
for the Scandal to have it believed, that the
House of Commons, and others, by standing
so long upon Pretence of a Privilege to require Commitment before special Matter of
Treason assigned, were in Doubt that no Proof
of Treason could be made out against the
Party accused; and that they had therefore
designed through Terror to make him fly,
and fear left he should yet return to be tried,
in case they should bring in special Matter of
Treason, as they ought to do whensoever
they accuse.
"3. That, by this Bill, Power being taken from
the King to pardon, it appeareth to be a great
Intrenchment upon His Majesty's Royal Prerogative.
"4. That there can be no such Case as hath been
pretended, ever to cause a Necessity in the
House of Commons, not to acquaint the Lords
with the Particulars, openly made known to
them; by which they were first satisfied to
find Ground to accuse.
"5. That the House of Commons, so far judging
any Article to be Treason, as to insist upon
Commitment, without imparting the Particulars to the Lords, do seem therein to usurp
that First Part of Judicature from the Lords
who are the Highest Court of Justice in the
Kingdom.
"6. That to require such Commitment seems to
be contrary to the Petition of Right, and
Magna Charta,, and the Rights not only of
the Peers and great Persons of this Kingdom,
but the Birthright even of the meanest Subjects: And therefore those Proceedings not
having been according to Law, and the ancient
Rules of Parliament, hath given Opportunity
for the Earl of Clarendon to absent himself.
"7. That Commitment upon a general Impeachment hath been heretofore, and may be again,
of most evil and dangerous Consequence; and,
as is conceived, the Lords have yet no Way
for them so well to justify their fair and upright Proceedings in the Earl of Clarendon's
Business, and the true Regard they have had
therein to the King and the Kingdom, as to
decline this Bill of Banishment, and to expect
a particular Accusation of the said Earl, and
thereupon, according to Law and Justice, to
appoint him a Day for Appearance; which if
he observe not, without further Process, Sentence might lawfully be pronounced against
him.
"Strafforde."
"We having this Day given our Negatives to the
passing of a Bill, intituled, "A Bill for the banishing and disenabling the Earl of Clarendon;" and
having asked Leave of the House to enter our Dissents, to the End that it may appear to Posterity that
we did not give our Consents to that Bill; we do
now take Liberty to enter our Dissents, by subscribing our Names:
"Berkeley of Berkeley.
T. Culpeper.
Ro. Lexington.
Holles."
Message to H. C. with the E. of Clarendon's, and Sir W. Juxon's Bills.
A Message was sent to the House of Commons, by
Sir William Childe and Sir Justinian Lewyn;
To deliver Two Bills, and desire their Concurrence
thereunto:
1. The Bill for banishing and disenabling the Earl of
Clarendon.
2. The Bill for enabling Sir William Juxon Knight
and Baronet, Executor of the last Will and Testament
of William Juxon late Archbishop of Canterbury, to receive Part of his Estate.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem Veneris,
13um diem instantis Decembris, hora decima Aurora,
Dominis sic decernentibus.