DIE Mercurii, videlicet, 11 die Novembris.
Commissioners to acquaint both Houses with the Proceedings at Rippon and York.
Earl of Warwicke moved the House, That His Majesty
hath commanded the Lords Commissioners for the Treaty with the Scottish Commissioners, that they do speedily give a full and clear Account to a Committee of both
Houses, of the Proceedings at Rippon and Yorke. And
it was Agreed by the House, That the said Lords Commissioners might withdraw themselves, to prepare and
put the Particulars into a proper and fit Method for the
aforesaid Conference, which was accordingly done.
Whereupon a Message was sent to the House of Commons, by the Lord Chief Justice, and Mr. Justice Foster,
to this Effect as follows:
Message to the H. C. for Conference concerning them.
That His Majesty hath commanded the Lords Commissioners to give an Account to both Houses of their
Proceedings at Yorke, and Treaty with the Scottish Commissioners at Rippon; and, to that Purpose, their Lordships do desire a Conference, with a Committee of both
Houses (if it may stand with their Conveniency), at
Three of the Clock in the Afternoon, in the Painted
Bishops licensed to be absent for Choice of a Prolocutor.
Upon a Motion made by the Lord Archbishop of
Cant. That this being the First Day of the Adjournment of the Convocation from St. Paul's Church in London, to The Abbey in Westminster, and having not as yet
any Prolocutor settled, without which the whole Body
will be void, and this Day being a peremptory Day appointed for that Business, that their Lordships would be
pleased to spare him, and some Four others of the Lords
the Bishops, from attending the Committee of both
Houses this Afternoon; but the rest of the Lords the
Bishops to attend their Lordships at the Conference;
which was so Assented unto by the House.
The Answer from the House of Commons to the Message of this Honourable House was to this Effect:
Answer of the H. C. to the last Message.
That the House of Commons doubt they shall not be
ready at that Time which their Lordships have appointed,
being at this Time very busy about weighty Business:
But, if they can, they will return an Answer, by Messengers of their own.
Hodie 1a et 2a
vice lecta est Billa, An Act concerning
divers Letters Patents made to the Use of the Queen's
Majesty's Jointure, &c. And committed to these Lords
L. Archbp. of Cant.
L. Privy Seal.
E. of Bedford.
E. of March.
E. of Monmouth.
|L. Bp. of Winton.
L. Bp. of Chester.
L. Bp. of Co. et Litchfield.
L. Bp. of Ely.
Lord Chief Justice of the Common Pleas,
Mr. Justice Barkley, and
Mr. Attorney General,
To meet on Friday Morning next, videlicet, 13 Novembris, at Eight of the Clock, in the Prince's
E. of Cambridge excused.
The Earl of Cambridge was excused for his Absence,
because he waited upon His Majesty this Morning, when
He went to The Tower.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esle usque in horam tertiam
post meridiem hujus dier, Dominis sic decernentibus.
Die Martis, Julii, 1698.
THE Earl of Rochester, reported from the Lords Committees appointed to inspect the
Journals of this House, in the Year 1640 and 1641, relating to the vacating and obliterating divers Proceedings therein, pursuant to the Act for reversing the Earl of Strafford's Attainder, as followeth. videlicet,
Upon Perusal of the Journals of this House, in Relation to the Proceedings upon
Impeachments from the House of Commons, it appears plainly, That, by the
former Orders made by this House, relating to the canceling and obliterating the
Proceedings against the Earl of Strafford, according to the Act of Parliament
made for the reversing of the said Earl's Attainder, it could not be intended that
any other Proceedings should be obliterated than those relating specially to the said
Act of Attainder, it is therefore Ordered, and Declared, by the Lords Spiritual
and Temporal in Parliament assembled, That whatsoever stands crossed upon the
Journals, relating to the Proceedings of the Impeachment of the said Earl, ought
not, nor shall be looked on, as obliterated, and that the several Orders for obliterating and vacating any Proceedings concerning the Earl of Strafford must be taken
to have been intended as to what related to the Act of Attainder only."
Which Report being read, was Agreed to by the House.
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That
there be a Note, or Memorandum, of the aforesaid Order entered in the Margin of
the Journals, where any Proceedings relating to the Impeachment of the Earl of Strafford hath been obliterated, which do not concern the Act of Attainder.
(fn. †) A Message from the House of Commons, delivered by Mr. Pim, to this Effect as followeth: videlicet,
Message from the H. C. to impeach the E. of Strafford.
The Knights, Citizens, and Burgesses, now assembled for the Commons in Parliament, have received
Information of divers traiterous Designs and Practices
of a great Peer of this House; and, by virtue of a
Command from them, I do here, in the Name of the
Commons now assembled in Parliament, and in the
Name of all the Commons of England, accuse Thomas
Earl of Strafford, Lord Lieutenant of Ireland, of High
Treason. And they have commanded me further to
desire your Lordships, that he may be sequestered
from Parliament, and forthwith committed to Prison.
They have further commanded me to let your Lordships know, that they will, within a few Days, resort
to your Lordships, with the particular Articles and
Grounds of his Accusation; and they do further desire that your Lordships will think upon some convenient and fit Way, that the Passage between Ireland
and England, for His Majesty's Subjects of both
Kingdoms, may be free, notwithstanding any Restraint
to the contrary."
After this, the Commons withdrew; and the Lord
Keeper reported the Effect of it to the House. And,
after their Lordships had considered of the Message,
they resolved to give this Answer for the present, by
the Lord Keeper: videlicet,
That the Lords do let them know, that they have
been made acquainted with the Charge of High Treason, which the Commons have made against the Earl
of Strafford; and their Lordships do not doubt but
that the Commons did take great Consideration in it
before they came hither, and their Lordships will
take it into their Consideration, and will send them a
further Answer, by Messengers of their own.
Earl of Strafford ordered to withdraw.
To be committed to the Custody of the Gentleman Usher.
Whereupon the Commons went to their own
House; and the Earl of Strafford, coming into the
House, was commanded to withdraw. Then their
Lordships, falling into a serious Debate of the Message, concluded, and Ordered, That the Earl of
Strafford, for this Accusation of High Treason by the
Commons, shall be presently committed to the safe
Custody of the Gentleman Usher of this Honourable
House, and to be sequestered from coming to this
Honourable House of Parliament, until he hath
cleared himself of this Accusation.
At the Bar.
The Earl of Strafford being called to the Bar as
a Delinquent, kneeling, the Lord Keeper, by Direction of the House, signified to him as followeth:
Acquainted with the Accusation of the House of Commons.
"My Lord of Strafford,
"The House of Commons, in their Name, and in
the Name of the whole Commons of the Kingdom
of England, have this Day accused your Lordship,
to the Lords Spiritual and Temporal in this High
Court of Parliament assembled, of High Treason.
The Articles they will within few Days produce.
In the mean Time, they have desired of my Lords,
and the Lords have accordingly resolved, That
your Lordship shall be committed to safe Custody
to the Gentleman Usher, and sequestered from this
House, until your Lordship have cleared yourself
of the Accusation that shall be laid against you."
After this, he, offering to speak, was not permitted,
but immediately sent away.
And so the Earl of Strafford went out of the House
to the Gentleman Usher.
Afterwards the Lords thought it fit to send a Message to the House of Commons, to let them know
how far they had proceeded for the present; and
their Lordships did agree, that the Two Lords Chief
Justices should deliver a Message to the House of
Commons, to this Effect: videlicet,
Message to the House of Commons, to acquaint them with these Proceedings.
That the Lords of the High Court of Parliament
have taken into Consideration the Charge of High
Treason, which the House of Commons have made
against the Earl of Strafford; and do let them know
that their Lordships have committed him to safe Custody to the Gentleman Usher of the House; and have
sequestered him from coming to the House; and do
desire that the Articles and Accusation against him
may be brought in speedily; and further to let them
know, that their Lordships will take it into Consideration how to free and open the Passage between Ireland and England, notwithstanding any Restraint;
and to that Purpose will move His Majesty in it.
(fn. †) The Judges returned only this Answer:
That they had acquainted the House of Commons
with the Message.
Gentleman Usher may bring Messages from the Earl of Strafford.
Ordered, That Mr. Maxwell, the Gentleman
Usher, may have Liberty to bring Messages from
the Earl of Strafford to the House, as Occasion requires.
The King moved, to open the Passage between Ireland and England
Ordered, That the Earl Marshal, Lord Chamberlain, Earl of Cambridge, and Earl of Holland, shall move
His Majesty, That the Passage between Ireland and
England may be opened for free Passage, notwithstanding any Restraint.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis,
videlicet, 12m diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.