Journal of the House of Commons: Volume 9, 1667-1687. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Lunæ, 18 Novembris, 1667.
Privilege a person committed.
ORDERED, That Mr. Devenish be taken into Custody of the Serjeant at Arms, for his Abuse, and Breach of Privilege, in taking away by Force, and detaining, the Book of Causes in Chancery, from the Servant of Mr. Goldesbrough Clerk of this House, in the Registers Office; and refusing to restore it, contrary to the Order and Direction of the Lord Keeper.
Committee of Privileges.
Ordered, That Mr. Tanner, Mr. Evelyn, Mr. Robert Leighton, Sir Justinian Isham, Sir William Oglander, Mr. Fagg, Mr. Buller, Mr. Turges, Lord Ancram, Sir Edward Thurland, Sir John Tufton, be added to the Committee of Elections and Privileges.
Ordered, That these Members following be added to the Committee to which Mr. Carroone's Petition was committed; viz. Sir Edw. Windham, Sir Edward Thurland, Colonel Sandys, Mr. Robert Leighton, Mr. Hungerford, Sir William Doyley, Mr. Outway, Sir John Heath, Mr. Pryn.
Resolved, &c. That the Bill be committed to Lord Richardson, Sir William Lowther, Mr. Rigby, Sir Tho. Tomp kins, Mr. Steward, Sir Lanc. Lake, Mr. Kent, Mr. King, Sir Charles Harbord, Sir Edward Massey, Sir Richard Franklyn, Mr. Westphaling, Sir Tho. Gower, Sir Solloman Swale, Dr. Burrell, Sir William Hickman, Sir Thomas Allen, Sir Edmund Windham, Mr. Dowdeswell, Sir John Heath, Colonel Sandys, Sir Phillip Warwicke, Sir Henry Cæsar, Sir Franc. Compton, and all that serve for the Counties of Essex and Hertfordshire: And they are to meet To-morrow at Two of the Clock in the Afternoon, in the Speaker's Chamber: And to send for Persons, Papers, and Records.
Resolved, &c. That the Bill be committed to Sir. William Lowther, Sir Thomas Gower, Mr. Steward, Mr. King, Dr. Burwell, Sir Edward Master, Sir Robert Carr, Sir Henry Wood, Sir Thomas Tompkins, Sir Edward Massey, Mr. Dowdeswell, Sir Hugh Windham, Sir Edmund Windham, Sir Rowland Berkley, Col. Phillipps, Mr. Rigby, Sir Lanc. Lake, Sir William Lewis, Mr. Gray, Sir George Downing, Colonel Kirby, Sir Richard Oateley, Sir Hum. Winch, Sir Clifford Cliffton, Sir Walter Young, Col. Sandys, Sir John Heath, Lord Richardson, Sir Tho. Heblethorpe, Sir Robert Howard, and all the Members of this House that serve for the Counties of Yorke, Derby, Nottingham, Lincolne, and Rutland: And they are to meet To-morrow at Two of the Clock in the Afternoon, in the Speaker's Chamber: And to send for Persons, Papers, and Records.
Petition of Inhabitants near the Tower.
Privilege- A Member charged with Corruption.
Earl of Clarendon's Non-Commitment.
Sir Thomas Littleton reports from the Committee appointed to draw up Reasons of the present Proceedings of this House with the Lords, concerning the Earl of Clarendon, the Reasons agreed by the Committee: Which he read in his Place; and, afterwards, being read at the Clerk's Table, were, upon the Question, severally agreed to; and are as followeth; viz.
That what can or ought to be done by either House of Parliament, is best known by the Custom and Proceeding of Parliament in former Times; and that it doth appear by Example, that, by the Course of Parliament, the Lords have committed such Persons, as have been generally charged by the House of Commons for High Treason, to safe Custody, though the particular Treason hath not been specified at the time of such Charge.
That a Commitment for High Treason in general is a legal Commitment; and, if the Party so committed bring his Habeas Corpus, and the Cause of his Commitment thereupon be returned to be for High Treason, generally; he may be lawfully remanded to Prison, by the Judges, upon that Return.
If, before securing the Person, the special Matter of the Treason should be alleged; it would be a ready Course, that all Complices in the Treason might make their Escape; or quicken the Execution of the Treason intended, to secure themselves the better thereby.
If the House of Peers should require the particular Treason to be assigned, before the Party charged be secured, they leave the Commons uncertain and doubtful (and that from time to time) how particular they must make their Charge, to their Lordships Satisfaction, before the Offender be put under any Restraint.
The Commons conceive, that, if they should desire the Lords to secure a Stranger, or native Commoner, upon Suspicion of Treason, which the Commoners had of him; and which was by them under Examination, to be evidenced to their Lordships in due time; their Lordships, in Justice, for the Safety of the King and People, would secure such Person or Persons, upon the Desire of the Commons: And, in such Case, there will be no Difference, in the Consequent, between a Lord, and a Commoner, so desired to be secured.
The Proceeding of inferior Courts between the King and the Subject, or Subject and Subject, and the Discretion of Judges in such Courts, is bounded and limited by the Discretion of the Parliament, which trusts them; and it is not left to the Discretion of Judges in ordinary Jurisdiction, to give the King, or take from him, inconvenient Power for the Subject; nor to dispense the Law partially between Subject and Subject, for Malice and Affection: But the Discretion of the Parliament, which is the whole Publick, comprehending the King, Lords, and Commons, (for the King's Presence is supposed in the Lords House) is, and ought to be, confined for the Safety and Preservation of the Whole, which is Itself. It cannot be malicious to a Part of Itself, nor affect more Power, than already it hath; which is absolute over Itself, and Parts; and may therefore do, for Preservation of Itself, whatsoever is not repugnant to natural Justice.
Conference desired with Lords.
Privilege- Freedom of Speech.
Restraints on Juries.
Ordered, That the Committee concerning Restraints upon Juries be impowered to receive Information, at large, against the Lord Chief Justice, for any other Misdemeanours, besides those concerning Juries.