DIE Sabbati, 23 die Novembris.
Domini tam Spirituales quam Temporales præsentes
Epus. St. Asaph.
Epus. St. David's.
L. Privy Seal.
|Ds. Howard Eff.
Ds. Herbert Ch.
Ds. Arundell Tr.
Succession of the Crown, and Rights of the Subject, Bill.
vice lecta est Billa, "An Act, declaring
the Rights and Liberties of the Subject, and settling
the Succession of the Crown."
A Rider was offered, to be Part of this Bill; which
was read Three Times; (videlicet,)
A Rider, to prevent the Crown pardoning upon Impeachment:
"And be it further enacted, by the Authority aforesaid, That all Pardons upon any Impeachment of the
House of Commons are hereby declared to be null
and void, except it be with the Consent of both
Houses of Parliament."
After long Debate;
This Question was put, "Whether this Rider, that
hath been Thrice read, shall be made Part
of this Bill?"
The Votes could not be ascertained; and therefore
the House appointed the Earl of Thannet and the Lord
Delamer to be Tellers; who reported, "That the CONTENTS were Seventeen, and the NOT CONTENTS
It was declared in the Negative.
Protest against rejecting it.
Memorandum, That, before the putting the aforesaid
Question, the Lords following desired to enter their
Dissents, if it were carried in the Negative; and accordingly do enter their Dissents, in these Reasons following:
"First, Because, to impeach being the undoubted
Right of the Commons of England, and by which
alone Justice can be had against Offenders that are too
big for the ordinary Courts of Justice, Impeachments
would be rendered altogether ineffectual, if the King
can pardon in such Cases.
"2. Because such a Power of pardoning would cause
a Failure of Justice; which the Law of Engl'd will not
allow of in any Case.
"3. Because the Government becomes precarious,
when there is wanting a sufficient Power to punish
evil Ministers of State; the bringing of such Ministers
to Justice being then a Matter of Grace, and not of
"4. Because such evil Ministers are in a much securer Condition than any other Offenders; it being
the Interest of ill-disposed Kings to protect them from
Justice; since they are so much the more useful and
necessary to such Kings, by how much they have been
instrumental in subverting the Government.
"5. Because the King can only pardon such Offences as are against Himself; but not in Case of an
Appeal, nor where-ever the Wrong or Injury is to a
"6. A fortiori, The King cannot pardon an Impeachment; because all the Commons of England have an
Interest in it, and it is at their Suit.
"7. Because it is inconsistent with the Government
of England to vest a Power any where that may obstruct the Public Justice.
"8. Because such a Power of Pardoning sets the
King's Prerogative above the Government, which is
inconsistent with the Reason and Nature of this Constitution.
"9. Because the rejecting of the Rider, and the
Vote of this House against the Dispensing Power in
general, don't seem to be very consistent; since the
Power of pardoning upon Impeachments is altogether as great as that of a Dispensing Power.
Then the Question was put, "Whether this Bill,
with the Amendments now read, shall pass
into a Law?"
It was Resolved in the Affirmative.
Message to H. C. with the Bill.
A Message was sent to the House of Commons, by
Sir Miles Cooke and Dr. Edsbury:
To carry down the Bill for declaring the Rights of
the Subject, and settling the Succession of the Crown;
wherein the Lords have made some Amendments, and
desire their Concurrence.
Salt Prize, for the Use of the Navy, Bill.
vice lecta est Billa, "An Act to apply a
Prize of Salt, lately taken, to the victualling of His
The Question being put, "Whether this Bill shall
It was Resolved in the Affirmative.
Derham and Edwards versus Duvall.
Upon reading the Petition of Sir John Edwards;
praying, "That he may have an Order for Witnesses
to attend at the Hearing of his Cause, to prove his
Deeds, and Copies of Records; and that such Writings
as are in Sir John Francklyn's Hands, and such as Mr.
Duvall hath had away from him (as your Petitioner
shall give to each of them a Note or Particular of),
may be returned to Sir John Francklyn, to the End
your Petitioner may peruse them before the Hearing
at the Bar of this House:"
It is thereupon ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That Sir John
Edwards shall have an Order for Witnesses; and that
such Writing, Bills, and Accounts, as are in the Custody
of Sir John Francklyn, shall be produced at the Hearing;
and that Mr. Duvall do return into the Hands of Sir
John Francklyn such Deeds and Writings as he hath had
from him relating to this Business, of which Sir John
Edwards shall give the said Mr. Duvall and Sir John
Franklyn a List, in order to their being produced at the
Hearing; and that Sir John Edwards may have the Perusal of them in the mean Time, in the Hands of Sir
Beach versus Fellows & al.
Whereas, by Order of this House of the 15th Instant, Anne Fellowes, Robert Wilde, and Heigham Coke,
Defendants, were to put in their Answer to the Petition of Mary Beach on the 29 Instant; the House being
this Day moved, on the Behalf of the Petitioner,
"That the Defendants may have further Time for answering thereunto, in regard they are at a great
It is ORDERED, That the Defendants, Anne Fellowes,
Robert Wilde, and Heigham Coke, be, and are hereby,
required to put in their Answer or respective Answers
thereunto, in Writing, on Friday the Sixth Day of December next, at Ten of the Clock in the Forenoon.
Coke versus Cobb & al.
ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That the Cause wherein Edward
Coke Esquire is Plaintiff, and Thomas Cobb and others
Defendants, shall be heard, by Counsel on both Sides,
at the Bar, on Wednesday next, at Ten of the Clock in
Address, for the Committee for Inspections to procure the Books of the Signet-office.
The House being moved, from the Committee for
Inspections, "That an Address be made to His Majesty,
that they may peruse the Books of the Signet-office
from 1680 to the Fourth Year of the late King
To which the House agreed, and made the following
"We, the Lords Spiritual and Temporal in Parliament assembled, do humbly beseech Your Majesty,
that the Committee for Inspections may have Leave
to peruse the Books of the Signet-office, from 1680
to the Fourth Year of the late King James."
ORDERED, That the Lords with White Staves do
wait on His Majesty with the Address.
Robertus Atkins, Miles de Balneo, Capitalis Baro de
Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 25um diem Novembris instantis, hora decima Aurora, Dominis sic decernentibus.