Journal of the House of Lords: Volume 11, 1660-1666. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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Die Saturni, 25 die Augusti.
D. of Gloucester.
D. of Richmond.
Ds. Howard de Charlt.
Ds. Gerrard of Brandon.
Ds. (fn. 1) Berkeley of Stratton.
Report of the Conference, concerning the Bill of Indemnity.
The Lord Chancellor reported shortly the Effect of the Free Conference Yesterday with the House of Commons; who say, "They hold His Majesty and both Houses were obliged in Honour, that such a Distinction should be made to those that came in upon the Proclamation, as to be favoured for Life.
"That the Commons do concur with their Lordships, to except absolutely for Life Colonel Axtell, Sir H. Vane, and Colonel Lambert; and then to join in Petition to His Majesty, that the Severity of the Judgement of Life may be spared to them.
"As concerning Sir Arthur Haselrig, they offer to their Lordships Consideration, that he may be spared for Life, and be put into another Classis; in regard of a Capitulation which they understand hath been made between the Lord General Monck and him, in the Time of the late Troubles.
"As concerning the Four Persons named to be excepted for Life, in sitting upon the High Courts of Justice upon the Four Lords, the House of Commons say that One of them is dead, and another is almost dead, so as he cannot by Course of Nature and Infirmities live long; and Major Waring is a Person that never sat but Once, and hath since done good Offices for honest Men; and they being not willing to mix any Blood with those that are to suffer for the Murder (fn. 2) of His Majesty, therefore they desire their Lordships would depart from their Resolutions concerning these Four Persons."
Committee to consider of a Proviso to it.
The House taking this Business into Consideration; Ordered, That the should consider of a Proviso, to accommodate the Matter in Difference between both Houses, concerning the Persons of those that sentenced and signed the Warrant for the Execution of His late Majesty, and were concerned by their coming in upon the Proclamation; and to report the same.
Viscount Say & Seale,
Nevill and Hutchinson.
It is Ordered, That this Petition be shewed to Colonel John Hutchinson and the other Person therein mentioned; hoping that he will do that in this particular Business as will stand with Justice, and agreeable to the Favour he hath received from this House.
Proviso to the Bill of Indemnity.
The Lord Robertes reported a Draught of the Expedient to be offered to the House of Commons, concerning the Persons that sentenced and signed the Warrant for Execution of His late Majesty; which said Paper was read, in hæc verba; videlicet,
"But in regard the said have personally appeared and rendered themselves, according to the Proclamation, bearing Date the 6 Day of June, 1660, to summon the Persons therein named, who gave Judgement, and assisted in the said horrid and detestable Murder of our said late Sovereign, to appear and render themselves; and do pretend thereby to some Favour, upon some conceived doubtful Words in the said Proclamation: Be it Enacted, by this present Parliament, and the Authority of the same, upon the humble Desires of the Lords and Commons in Parliament assembled, That if the said, or any of them, shall be legally attainted for the horrid Treason and Murder aforesaid, that then nevertheless the Execution of the said Person and Persons so attainted shall be suspended, until His Majesty, by the Advice and Assent of the Lords and Commons in Parliament, shall order the Execution, by Act of Parliament to be passed for that Purpose."
Next, the House took into (fn. 2) Consideration the Four Persons that sat and gave Sentence upon the Four Lords.
Message to H. C. for a Conference about it.
Bill of Indemnity.
Ordered, That it is referred to the Lord Chief Baron, to survey and take Care, when the Act of Indemnity is passed both Houses, that the several Alterations and Provisos are put into the due and proper Places.
Answer from H. C.
Nevill and Hutchinson.
It is ORDERED, &c. That the said Petition be shewed to the Parties therein mentioned, especially to Colonel John Hutchinson; expecting that he will do that in this particular Business which stands with Justice, and agreeable to the Favour he hath received from this House.
Order to attach Waterhouse, for Contempt of Doctor Fish's Order.
It is this Day ORDERED, by the Lords in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy, shall attach the Body of Thomas Waterhouse, and forthwith bring him before the Lords in Parliament, to answer his Contempt, in disobeying an Order of this House, in a very high Manner, concerning Doctor John Fish: And this to be a sufficient Warrant for the attaching of the said Waterhouse in that Behalf.