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 Veneris, 10 die Julii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
|His Royal Highness the Duke of Yorke.|
Epus. Bath et Wells.
Epus. St. David's.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
L. Great Chamberlain.
Comes St. Albans.
Viscount Say et Seale.
Viscount de Stafford.
Ds. Berkley de Berkley.
Ds. Howard de Ch.
Ds. Howard de Esc.
Ds. Gerard de Brand.
Ds. Berkley de (fn. 1) Strat.
L. Gerard versus Fitton & al.
ORDERED, That these Lords following are appointed to consider and draw up what they conceive fit to be added to the Judgement against Alexander Fitton, Edward Lloyd, John Cade, and John Wright, and to report the same to this House:
Their Lordships, or any Three of them; to meet this Afternoon, at Three of the Clock, in the Prince's Lodgings.
Bedford Level Bill.
Hodie 2a vice lecta est Billa, "An Act for settling the Draining of the Great Level of the Fens, called Bedford Levell."
Then several Petitions were presented to the House, from divers Persons; desiring to be heard, by their Counsel, at the Bar, before the passing of the aforesaid Bill.
Whereupon the Order following was made:
"Upon the Second Reading of the Bill, intituled, An Act for settling of the Great Level of the Fens, called Bedford Levell, and several Petitions exhibited concerning the Matter of the said Bill: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all Parties herein concerned, as well those that have petitioned and such others as shall petition, are to be heard, by their Counsel and Witnesses, at this Bar (if they desire it), on Tuesday next, the Thirteenth of this Instant July, at Ten of the Clock in the Morning, upon the Matter contained in the said Bill; at which Time the several Parties in this Cause are to attend accordingly."
Message from H. C. with a Bill, and to return Three.
A Message was brought from the House of Commons, by Sir George Downing and others; which consisted of these Particulars:
1. To return the Bill concerning the Bishop of Winchester; to which they agree, without any Alterations.
2. To return Two Bills sent down to the House of Commons, with some Alterations; to which Alterations and Amendments the Commons concur with their Lordships; (videlicet,)
1. The Bill for better Observation of the Lord'sday.
2. The Bill concerning the Free-school of Witney.
3. He brought up a Bill, which hath passed the House of Commons, for regulating the Herring Fishing, and other Fisheries; whereto their Lordships Concurrence is desired.
Committee for Petitions.
ORDERED, That the Committee for Petitions do meet this Afternoon.
E. of Clarendon accused of High Treason by the Earl of Bristol.
This Day the Earl of Bristol exhibited a Charge into this House, containing Articles of High Treason, and other heinous Misdemeanors, against Edward Earl of Clarendon, Lord Chancellor of England: Which were read; and then the Earl of Bristol subscribed his Name thereunto.
"Articles of High Treason, and other heinous Misdemeanors, against Edward Earl of Clarendon, Lord Chancellor of England.
Artic e s against him.
"That, being in Place of highest Trust and Confidence with His Majesty, and having arrogated to himself a supreme Direction in all His Majesty's Affairs both at Home and Abroad, he hath wickedly and maliciously, and with a traiterous Intent to draw Scandal and Contempt upon His Majesty's Person, and to alienate from Him the Affections of His Subjects, abused (fn. 2) of the said Trust in Manner following:
"That he hath traiterously and maliciously endeavoured to alienate the Hearts of His Majesty's Subjects from Him, by Words of his own, and by artificial Insinuations of his Creatures and Dependents, "That His Majesty was inclined to Popery, and had a Design to alter the Religion established in this Kingdom."
"That, in Pursuance of that traiterous Intent, he hath, to several Persons of His Majesty's Privy Council, held Discourses to this Effect: "That His Majesty was dangerously corrupted in His Religion, and inclined to Popery; that Persons of that Religion had such Access and such Credit with Him, that, unless there were a careful Eye had unto it, (fn. 3) Protestant Religion would be overthrown in this Kingdom." And, in Pursuance of the said wicked and traiterous Intent, upon His Majesty's admitting Sir Henry Bennett to be Principal Secretary of State in the Place of Mr. Secretary Nicholas, he hath said these Words, or Words to this Effect, "That His Majesty had given Ten Thousand Pounds to remove a zealous Protestant, that He might bring into that Place of high Trust a concealed Papist;" notwithstanding that the said Sir Henry Bennett is known to have ever been, both in his Profession and Practice, constant to the Protestant Religion.
"That, in Pursuance of the same traiterous Design, several near Friends and known Dependents of his have said aloud, "That, were it not for my Lord Chancellor's standing in the Gap, Popery would be introduced into this Kingdom;" or Words to that Effect.
"That, in Pursuance of the aforesaid traiterous Design, he hath not only advised and persuaded the King to do such Things, contrary to His own Reason and Resolutions, as might confirm and increase the Scandal which he had endeavoured to raise upon His Majesty as aforesaid, of His Favour to Popery; but more particularly to allow His Name to be used to the Pope and several Cardinals, in the Solicitation of a Cardinal's Cap for the Lord Aubigny, One of His own Subjects, and Great Almoner at present to His Royal Confort the Queen.
"That, in Pursuance of the same wicked and traiterous Design, he had recommended to be employed to the Pope One of his own Domestics, Mr. Richard Beling, a Person, though an avowed Papist, known to be trusted and employed by him in Dispatches and Negotiations concerning Affairs of greatest Concernment to the Nation.
"That, in Pursuance of the said traiterous Design, he, being Chief Minister of State, did himself write, by the said Mr. Richard Bealing, Letters to several Cardinals, pressing them in the King's Name to induce the Pope to confer a Cardinal's Cap on the said Lord Aubigny; promising, in case it should be obtained, Exemption to the Romain Catholics of England from the Penal Laws in Force against them: By which Address unto the Pope for that Ecclesiastical Dignity for One of His Majesty's Subjects and Domestics, he hath, as far as from One Action can be inferred, traiteroufly acknowledged the Pope's Ecclesiastical Sovereignty, contrary to the known Laws of this Kingdom.
"That, in Pursuance of the same traiterous Design, he hath called unto him several Priests and Jesuits, whom he knew to be Superiors of Orders here in England, and desired them to write to their Generals at Rome, to give their Help, for the obtaining from the Pope the Cardinal's Cap for the Lord Aubigny as aforesaid; promising great Favour to Papists here, in case it should be effected for him.
"That he hath promised unto several Papists, that he would do his Endeavour; and said, he hoped to compass the taking away all the Penal Laws against them, which he did in Pursuance of the traiterous Design aforesaid, to the End they might presume and grow vain upon his Patronage, and, by the publishing their Hopes of a Toleration, increase the Scandal endeavoured by him and by his Emissaries to be raised upon His Majesty throughout the Kingdom.
"That, in Pursuance of the same traiterous Design, being intrusted with the Treaty of the Marriage betwixt His Majesty and His Royal Consort the Queen, he concluded it upon Articles scandalous and dangerous to the Protestant Religion.
"That, in Pursuance of the same traiterous Design, he concluded the said Marriage, and brought the King and Queen together, without any settled Agreement in what Manner the Rites of Marriage should be performed; whereby, the Queen refusing to be married by a Protestant Bishop or Priest, in case of Her being with Child, either the Succession should be made uncertain for Want of the due Rites of Matrimony, or else His Majesty be exposed to a Suspicion of having been married in His own Dominions by a Romish Priest, whereby all the former Scandals endeavoured to be raised upon His Majesty by the said Earl as to Point of Popery might be confirmed and heightened.
"That, having thus traiterously endeavoured to alienate the Affections of His Majesty's Subjects from Him upon the Score of Religion, he hath endeavoured to make Use of all the malicious Scandals and Jealousies which he and his Emissaries had raised in His Majesty's Subjects, to raise from them unto himself the popular Applause of being the zealous Upholder of the Protestant Religion, and a Promoter of new Severities against Papists.
"That he hath traiterously endeavoured to alienate the Affections of His Majesty's Subjects from Him, by venting in his own Discourses, and by the Speeches of his nearest Relations and Emissaries, opprobrious Scandals against His Majesty's Person and Course of Life; such as are not fit to be mentioned, unless Necessity in the Way of Proof shall require it.
"That he hath traiterously endeavoured to alienate the Affections of his Highness the Duke of Yorke from His Majesty, by suggesting unto him Jealousies as far as in him lay, and publishing Abroad by his Emissaries, "That His Majesty intended to legitimate the Duke of Monmouth."
"That he hath wickedly and maliciously, contrary to the Duty of a Privy Counsellor of England, and contrary to the perpetual and most important Interest of this Nation, persuaded His Majesty, against the Advice of the Lord General, to withdraw the English Garrisons out of Scotland, and to demolish all the Forts built there at so vast a Charge to this Kingdom.
"That, His Majesty having been graciously pleased to communicate the Desires of the Parliament of Scotland, for the Remove of the said Garrisons, to His Parliament of England, and to ask their Advice therein, the said Earl of Clarendon not only persuaded His Majesty actually to remove those Garrisons, without expecting the Advice of His Parliament of England concerning it, but did, by Menaces of His Majesty's Displeasure, deter several Members of Parliament from moving the Houses, as they intended, to enter upon Consideration of that Matter.
"That he hath traiterously and maliciously endeavoured to alienate His Majesty's Affections and Esteem from this His Parliament; by telling His Majesty, That there never was so weak nor so inconsiderable a House of Lords, nor never so weak nor so heady a House of Commons," or (fn. 3) Words to that Effect; and particularly, "That it was better to sell Dunkirke, than to be at their Mercy for Want of Money," or Words to that Effect.
"That he hath wickedly and maliciously, contrary to his Duty of a Counsellor, and to a known Law made the last Sessions, by which Money was given and particularly applied for the Maintaining of Dunkirke, advised and effected the Sale of the same to the French King.
"That he hath maliciously and contrary to Law enriched himself and his Creatures by the Sale of Offices.
"That, contrary to his Duty, he hath wickedly and corruptly converted to his own Use great and vast Sums of Public Money raised in Ireland, by Way of Subsidy, Private and Public Benevolences, and otherwise, given and intended to defray the Charge of Government in that Kingdom; by which Means a supernumerary and disaffected Army hath been kept up there, for Want of Money to pay them off; and their Want of Pay, so occasioned, seems to be the Cause of the late and present Distempers in that Kingdom.
"That, having arrogated to himself a supreme Direction of all His Majesty's Affairs, he hath with a malicious and corrupt Intention prevailed to have His Majesty's Customs farmed at a far lower Rate than others did offer, and that by Persons with some of whom he goes a Share in that and other Parts of Monies resulting from His Majesty's Revenue.
10 July, 1663.
E. of Bristol desires he may be secured, and Witnesses ordered to attend.
"In Pursuance of this Charge, it is desired,
"That the Person of the Earl of Clarendon may be secured.
"That His Majesty's Counsel Learned in the Law be appointed to draw up a Charge in Form, according to these Heads and such others as the Earl of Bristoll shall exhibit, and to prosecute in the King's Behalf.
"That there be a Liberty granted of additional Charges, according as the Earl of Bristol shall be enabled to make out Proofs of new Matter.
"That Commissions be granted for Examination of divers Witnesses, both in Scotland and Ireland, according to the List the Earl of Bristol shall give in.
"That Order be taken, that the Lord Aubigny and Mr. Richard Beling, Two most important Witnesses, depart not the Kingdom, till they have answered fully to the Interrogatories which are to be proposed unto them.
10 July, 1663.
To which Articles the Lord Chancellor made a short Speech extempore to some of the Particulars, and declared his Innocence.
Copy of the Impeachment to be sent to the King.
Then the House ORDERED, That a Copy of the aforesaid Articles should be prepared, and delivered to the King, that so He might be made acquainted with them.
And the Lord Chancellor is to have a Copy of them; and another Copy is to be made, and delivered to the Judges.
And this ensuing Order was also made; videlicet,
Judges to report their Opinion of it.
"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That a Copy of the Articles of High Treason exhibited this Day, by the Earl of Bristoll, against the Lord Chancellor, be delivered to the Lord Chief Justice, who, with all the rest of the Judges, are to consider, whether the said Charge hath been brought in regularly and legally? and whether it may be proceeded in? and how? and whether there be any Treason in it, or no? And to make Report thereof to this House on Monday next, if they can, or else as soon after as possibly they can."
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Sabbati, undecimum diem instantis Julii, hora decima Aurora, Dominis sic decernentibus.