Journal of the House of Lords: Volume 15, 1691-1696. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 15: 30 April 1695', in Journal of the House of Lords: Volume 15, 1691-1696, (London, 1767-1830) pp. 583-584. British History Online https://www.british-history.ac.uk/lords-jrnl/vol15/pp583-584 [accessed 27 April 2024]
In this section
DIE Martis, 30 Aprilis.
Domini tam Spirltuales quam Temporales præsentes fuerunt:
PRAYERS.
Loose Sheet in the Journal to be entered.
The Earl of Rochester reported from the Committee, appointed to consider in what Manner and Place the loose Sheet of 18° Instant shall be entered, "That it ought to be agreed, in the House, to contain the Subject-matter of what was said at the Bar of the House, before it be entered in the Journal."
To which the House agreed.
The loose Sheet was read.
And One Amendment being made, and a Preamble therein; it was ORDERED, That the said Sheet stand in the Journal, with the Preamble and Amendment added to it.
Report concerning Impeachments for Misdemeanours.
The Earl of Marleborough reported from the Committee (appointed to inspect the Journals, in relation to the Method of the Proceedings in this House, in Cases of Impeachments for Misdemeanours) as followeth; (videlicet,)
"Die Lunæ, 19° Aprilis, 1695.
"By the Lords Committees appointed to inspect the Journals of this House, in relation to the Proceedings in Cases of Impeachments for Misdemeanours:
"ORDERED, To report, That their Lordships have perused the said Journals; and find, that the Precedents in the Earl of Midd'x's and Lord Viscount Mordant's Cases give the best Account of Proceedings upon such Impeachments.
"16° Apr. 1624. Report is made of the Commons Complaint and Charge, at a Conference, against the Earl of Middl'x.
"1° Maii. The Earl of Midd'x puts in an Answer to the said Charge.
"10° Maii. At the Hearing of the Charge, he had a Stool at the Bar, both Morning and Afternoon.
"11° Maii. The further Proceeding was to have been in the Forenoon; but, he not coming, a Committee of Lords and a Physician were sent to him, to his House at Chelsea, to see whether he was sick.
"In the Afternoon, he appearing at the Bar, the Charge was proceeded on; and so it was the Day following, he being then also present.
"13° Maii. His Lordship was summoned to appear; and he appearing, and kneeling at the Bar, Judgement was pronounced against him.
"29 Decemb. 1666. The Commons desire a Conference, upon an Impeachment they had prepared, of high Crimes against the Lord Viscount Mordant.
"3 January. The Conference was reported, and the Articles of Impeachment were read; and it was referred to the Committee for Privileges, to consider what Proceedings had been on Impeachments in the like Cases.
"10° January. Report was made of Precedents; and the Lord Mordant was appointed to put in his Answer, in Writing.
"17 January. The Lord Mordaunt put in his Answer.
"18 January. A Copy of the said Answer was sent to the Commons.
"21 January. The Commons desire a Day may be appointed, for hearing the Cause upon the Impeachment; and a Day was accordingly appointed; and Counsel was (at his Lordship's Request) assigned him; and he had an Order for Witnesses to attend.
"26 January. The Lord Mordaunt sitting on the Form, near the Bar, uncovered, at the Hearing; the Commons except to it, and to his having Counsel at the Bar: Whereupon it is referred to the Committee for Privileges, to consider of the Demeanour of a Peer at the Time of his Defence, being impeached.
"28° January. A Report of Precedents is made from the said Committee; and the Lord Mordaunt is allowed Counsel, and to sit uncovered on a Stool within the Bar.
"31 January. The Commons acquiesce in his having Counsel; but as to his sitting on a Stool within the Bar, they are not satisfied with it.
"4 February. A Conference was had, at the Desire of the Commons, concerning the Business of the Lord Mordaunt's Impeachment.
"4 February, Post Merid. A Conference was had with the Commons, at the Desire of the Lords, on the Subject-matter of the last Conference.
"5 February. The Commons desire a Free Conference: The Lords denied it; letting their Messengers know, they have already stated the Manner of Proceedings, and declared it to them.
"6 February. The Commons desire a Conference, upon the Answer delivered to their Messengers Yesterday.
"7 February. The Lords give a Conference, as desired Yesterday.
"Afterwards, the same Day, a Free Conference was had, at the Desire of the Lords, on the Subject-matter of the last Conference.
"8° February. The Parliament was prorogued."
The Duke of Shrewsbury, by His Majesty's Command, acquainted the House, "That His Majesty had some Time since resolved to offer an Act of Free Pardon to His Subjects, resolving to try Methods of Mercy before those of Severity; and accordingly His Majesty has commanded me to offer this Act."
General Pardon, Bill for:
Unica vice lecta est Billa, intituled, "An Act for the King's most Gracious, General, and Free Pardon."
The Question was put, "Whether the Bill, intituled, "An Act for the King's most Gracious, General, and Free Pardon," shall be humbly accepted and passed?"
It was Resolved in the Affirmative.
Memorandum, That all the Lords sat uncovered during the Time the Act was read; and at the putting the Question they stood up, to give their Votes; and did continue standing so uncovered until the Lords had done voting.
Message to H. C. with it.
A Message was sent to the House of Commons, by Sir Miles Cooke and Mr. Pitts:
To let them know, that His Majesty hath been pleased to send the Bill, intituled, "An Act for the King's most Gracious, General, and Free Pardon;" which the Lords have humbly accepted and passed, and now send it down to them.
D. of Leeds Answer to Impeachment:
The Duke of Leeds, Lord President, Presented his Answer to the Commons Impeachment against him.
Which was read, as followeth; (videlicet,)
"The Answer of Thomas Duke of Leeds, to the Articles of Impeachment exhibited against him by the Knights, Citizens, and Burgesses, in Parliament assembled:
"This Defendant, saving to himself all Advantages of Exception to the said Articles, humbly saith,
"That he is not guilty of all or any the Matters by the said Articles charged, in Manner and Form as the same are by the said Articles charged against him.
"Leeds."
ORDERED, That a Copy of the Duke of Leeds's Answer, delivered this Day, shall be sent to the House of Commons.
Message to H. C. with it.
A Message was sent to the House of Commons, by Sir Miles Cooke and Mr. Pitts:
To carry down a Copy of the Duke of Leeds's Answer, put in this Day, to the Impeachment against him.
Privateers, for better Enconragement of, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for the better Encouragement of Privateers."
ORDERED, That the said Bill be read the Second Time To-morrow, at Twelve of the Clock.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) primum diem Maii jam prox. futur. hora undecima Aurora, Dominis sic decernentibus.