DIE Lunæ, videlicet, 19 die Maii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
Epus. Co. et Lich.
Epus. Bath. et Well.
|Ds. Coventrey, Ds. Custos Magni Sigilli.
Comes Marleborough, Mag. Thesaur. Angliæ.
Comes Maunchester, Præsidens Concilii Domini Regis.
Dux Buckingham, Magnus Admirallus Angliæ.
Comes Lindsey, Magnus Camerar. Angliæ.
Comes Arundell et Surr. Comes Marescallus Angliæ.
Comes Pembroc, Senescallus Hospitii.
Comes Mountgomery, Camerar. Hospitii.
Vicecomes Say et Seale.
Ds. St. John de Bas.
Ds. Stanhope de H.
Ds. Stanhope de Sh.
Absent Lords excused.
|Earl of Bolingbrooke,|
|Earl of Dover,|
|Lord Bishop of Rochester,|
Message from the House of Commons, by Sir Robert Phillipps and others:
Message from the House of Commons, concerning the Amendment of the Petition of Right.
That the Commons received this Morning a Gracious
Message from His Majesty, expressing how much it
concerns Him to have a speedy Conclusion of His great
Business: Whereupon they took into their Consideration how Things stood touching their Petition of Right,
and found that their Lordships had taken some Exceptions to the same. They desire their Lordships Resolution, whether they will insist upon those Exceptions
or not; which if they will do, then they desire a free
and a mutual Conference, to debate it: And, that being
done, they will enter into Consideration of the Addition
unto the said Petition propounded by their Lordships
on Saturday last, as they may expedite His Majesty's
The Lords will presently take this into their Consideration, and send them a speedy Answer, by Messengers of their own.
After long Debate of this Matter, this Message was
sent to the House of Commons, by Mr. Serjeant Crewe
and Mr. Serjeant Davenport:
Message to the House of Commons, for Conference concerning the Points in it to be altered.
That the Lords desire a present and free Conference,
between both Houses, in the Painted Chamber, touching those Points of Alterations of the Petition which
were first propounded unto them by this House.
They will meet accordingly.
The said Alterations were read.
The House being adjourned during Pleasure, the
Lords went to the Conference.
Report of the Conference.
At their Return, the House being resumed, the Lord
Keeper made a brief Report of the said Conference,
to this Effect: videlicet,
"Touching the First Alteration, the Commons gave
a Reason of the Word ["Pretext"], but yet assented
to alter the same into the Words ["by Means whereof"], as the Lords desired.
"Touching the second Alteration, for the inserting
these Words ["upon urgent and pressing Causes of
the State then alledged, touching the late Loans"],
the Commons gave divers Reasons against it.
"1. That all Loans, against the Free Will of the
Subject, are unlawful; and these Words "upon
pressing Occasions, etc." infer a tacit Assent for the
said Loans, in such Cases, to be lawful.
"2. The Law is general, by Two Acts of Parliament against Loans.
"3. If they should admit of these Words, it will
not be conformable to the Conclusion of the Petition.
"4. Before the Commons can admit of these Words,
they must know it to be true, which will ask great
"Touching the Third Alteration of the unlawful
Oath, they affirm the Subject of the Oath to be unlawful, and the Loans unlawful.
"Touching the Fourth Alteration; videlicet, To omit
["before the Privy Council"], and to put in ["at
London"], they gave Reasons against it: First, the
Truth is so, the Parties were bound to appear before the Privy Council: Secondly, the omitting of
the Privy Council will be prejudicial to Future Ages:
Thirdly, this is no Parliamentary Course, which requires Verity and Particularity.
"To the Fifth Alteration they gave the same Reasons.
"To the Sixth and Seventh Alterations, touching
the Addition to the Clause against Martial Law; videlicet, ["upon any but Soldiers, etc. or when Your
Majesty's Army is not on Foot, etc."] they gave
many Reasons not to admit thereof.
"First, Their Complaint is against Commissions in
Time of Peace: Secondly, it may be a Time of Peace,
and yet His Majesty's Army on Foot; and that Martial Law was not lawful here in England in Time of
Peace, when the Chancery and other Courts do sit,
They cited the Earl of Lancaster's Case, who was
taken in fiagranti Crimine, in a pitch'd Field, against the
King, Tempore E. II, and afterwards executed; and in
the Time of E. III, upon Petition in Parliament to
reverse the Judgement against him, it was adjudged
erroneous, and reversed; for, when it may be tried
by Common Law, it ought not to be tried by the
Martial Law. The like for the Countess of Kent,
Tempore E. III; for in the Times of Peace, when the
Chancery and Ordinary Courts of Justice sit, Martial Law hath no Place touching Life and Member.
"That 13 R. II. Cap. 2. sets down what belongs
to the Constable of England. They feared that this
Addition might extend Martial Law to the Trained
Bands, for the Uncertainty thereof, and cited the
Act of Parliament, Anno 5° H. IV. N. 24 and 25."
Message from the House of Commons, that they will expedite this Business.
This Report ended; a Message was brought from
the House of Commons, by Sir Dudley Digges and
others: That such is their Desire to give all Expedition unto this Business, that they will sit this Afternoon, as is desired; but such is the Weight thereof,
that they shall not be ready for any further Conference
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum,
videlicet, 20m diem instantis Maii, hora nona, Dominis