Journal of the House of Lords: Volume 10, 1648-1649. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 2 die Februarii.
PRAYERS, by Mr. Byfield.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say.
Ds. La Warr.
Author, &c. of The Parliament's Ten Commandments to be attached.
Ordered, That the Stationers Company shall endeavour to find out the Author and Publisher and Printer of a scandalous aud blasphemous Paper, printed, intituled, "The Parliament's Ten Comandements;" and that they be apprehended by the Gentleman Usher attending this House, and brought before the Lords in Parliament, to answer the same.
The Ordinance for Mr. Sutton's Composition, was read, and Agreed to. (Here enter it.)
Ordinance to suspend the Privilege of Parliament from Peers who have deserted it.
The Ordinance for suspending the Privilege of Parliament to such Peers that have deserted the Parliament, was read the Second Time.
And the House was adjourned into a Committee during Pleasure, (fn. 1) to debate the same.
The House being resumed;
The further Consideration of this Business shall be this Day Fortnight; and then the former Ordinance for disabling such Peers as have borne Arms against and deserted the Parliament shall be likewise taken into Consideration.
Message from the H. C. with an Ordinance for repairing Churches.
A Message was brought from the House of Commons, by Mr. Bacon; who brought up an Ordinance for repairing of Churches, wherein their Lordships Concurrence is desired.
The Answer returned was:
That this House will take their Message into Consideration, and will return an Answer by Messengers of their own.
Articles of Impeachment against the Seven Lords to be sent to them.
The House took into Consideration the Articles of Impeachment against the Seven Lords, of High Trea son, and High Crimes and Misdemeanors, brought from the House of Commons.
And it was moved, "That it might be considered; whether the Releasing of the said Lords, and giving them their Liberties, the 19th of January last, be not a Discharging and Acquitting them of the general Accusation of High Treason; and whether the Releasing of their Persons be a Discharging of the Accusation?"
Then the general Accusation of the Eighth of September was read; and the Order of their Commitment, and the several Messages sent to the House of Commons concerning them, were read.
And the Question being put, "Whether, upon what hath been now read, the general Impeachment against the Seven Lords is dismissed?"
It was Resolved in the Negative.
Next, it was taken into Consideration, "Whether, in the particular Articles against the Seven Lords, there be not a Contrariety in the Averment of the House of Commons; because the Articles make Mention, that they are in Maintenance of a former Charge brought up from the House of Commons against them of High Treason; whereas these Articles are for High Treason, and High Crimes and Misdemeanors?"
And it was moved, "To have a Conference with the House of Commons about it."
And the Question being put, "Whether to send to the Seven Lords Copies of their several and respective Articles, and appoint them a Day to put in their Answers to the same, before such Time as a Conference be had with the House of Commons concerning this Business?"
It was Resolved in the Affirmative.
To put in their Answers, and give Bail for their Appearance.
Ordered, That the Earl of Lyncolne, Earl of Suffolke, Earl of Midd. Lord Berkeley, Lord Hunsdon, Lord Willoughby, and the Lord Maynard, shall, at this Bar, on Friday Morning, receive their several and respective Articles of High Treason, and other High Crimes and Misdemeanors, brought from the House of Commons against them; and that they put in their several and respective Answers thereunto by To-morrow Fortnight: And it is further Ordered, That the aforesaid Lords are sequestered from their attending this House upon this Charge; and that they put in Bail of Four Thousand Pounds apiece, aud Two Thousand Pounds by Sureties, for each Lord, on Friday next.
Message from the H.C. with Votes for better securing the King's Person.
A Message was brought from the House of Commons, by Sir Henry Mildmay Knight; who brought up some Votes, concerning the better securing of the King's Person in the Isle of Wight.
The Votes were read; and committed to the Earl of Northumb. Lord Viscount Say and Seale, and the Lord Wharton, to make Alterations therein, according to the Debate of the House; and to meet presently.
The Answer returned was:
That this House will take this Message into Consideration, and send an Answer by Messengers of their own.
Murray, a Pass.
Ordered, That Mr. Wm. Murry, with his Servant, shall have a Pass, to go into France.
Wyborne & al. a Pass.
Ordered, That Mr. Benjamin Wyborne, Mrs. Blanche Wyborne, Mrs. Mary Ryth, Eliz. Turnor, John Thompson, and Richard Smyth, shall have a Pass, to go into France.
Votes for better securing the King's Person:
The Earl of Northumb. reported the Votes concerning the better securing of the King's Person, with some Alterations; which being read, the House approving not of the Alterations, the Votes were read again as they came from the House of Commons; and Agreed to, with these Words added in the latter End ["to continue in the said Service during the Pleasure of both Houses"].
Message to the H.C. with them.
A Message was sent to the House of Commons, by Doctor Bennett and Mr. Eltonheade:
To deliver to them the Votes for the better securing the King's Person, with the Addition; and desire their Concurrence in the said Addition.
Ordinance to clear Sutton of his Delinquency.
"Whereas Robert Sutton, of Averham, in the County of Nottingham, Esquire, hath by both Houses of Parliament been admitted to his Fine of Four Thousand Eight Hundred Three Score and One Pounds, he having been a Member of the House of Commons, and deserted the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Robert Sutton, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the Day of the Payment of his said Fine, with an Exception of the Right or Estate of the said Robert Sutton in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Robert Sutton from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Robert Sutton shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."
House adjourned till 10a cras.