Journal of the House of Lords: Volume 3, 1620-1628. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, videlicet, 16 die Februarii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
p. Carolus Princeps Walliæ, etc.
THE Lord Chancellor did put their Lordships in mind, where they left Yesterday, and why so early this Day they assembled; and moved their Lordships now to advise, what shall be the Effect and Course of their Conference this Morning with the Committees of the Lower House.
Priests, Recusants, &c.
It was hereupon Agreed and Ordered, That the House shall be adjourned; and then their Lordships to confer of the Business, as in a Committee.
In which Committee it was moved, That, whereas the Commons desired His Majesty to declare himself, for the Execution of the Laws against Jesuits, Seminary Priests, and Popish Recusants, by Proclamation, whether it should not seem fit to add these Words to the Word "Proclamation," ("or otherwise"); which, after the House was re-assumed, was put to the Question, and was over-ruled to add the Words ("or otherwise"); yet, with Resolution, That, if the House of Commons did not admit of those Words, they would join in Petition with them howsoever.
The Prince his Highness, and the Lords Committees, having met with the Committees of the Lower House, the Lord Chancellor reported, very exactly and judicially, the Course and Proceeding at this Conference; the Effect whereof was, That the Committees appointed for the Commons were not willing to enlarge themselves any Way; and that this Question had this Morning been moved amongst themselves, and agreed, That nothing formerly agreed on should receive any Manner of Alteration of Matter of Form.
Earl of Berkshire and Lord Scrope.
The Lord Chancellor shewed to the Court, that lately this Morning a Jarr happened between Two Noble Persons, Members of this House, namely the Earl of Berkshire and the Lord Scrope, in this Manner; that the one, in this House and Court, did forcibly thrust the other, against the Dignity and Honour of the House. Hereupon both the said Lords, namely the Earl of Berkeshire and the Lord Scrope, being called, and standing at the Bar to answer the Misdemeanour aforesaid; and after it appeared by Proof, and not denied by the Earl of Barkshire, that he the said Earl did, within the Court, near unto the Bar, overtaking the Lord Scrope, violently thrust him; both the said Lords, as well the Earl of Barkshire as the Lord Scrope, were directed to withdraw themselves into several Rooms, until the House might take Consideration of the Matter, and thereupon call for them: Which being done, the Earl of Berkshire was again brought to the Bar; and to his Lordship, being on his Knees, the Lord Chancellor declared, that the House had taken Consideration of his Fault; which they found to be very great, in that his Lordship, being a Peer, who therefore should be tender of the Privileges of the House, had, in the House, and in the Presence of the Prince his Highness, offered Force to a Member of the same House.
Earl of Berkshire committed to the Fleet.
The Censure therefore was, That his Lordship should be committed close Prisoner to The Fleet, until the House shall take further Order in the Cause.
Afterwards, Order was given, that the Gentleman Usher of this House should attend, and bring the said Earl to The Fleet; his Lordship to be, at his own Motion and Suit, permitted to repair first, so attended as aforesaid, to his own Lodging, but disarmed, and without Weapon.
Afterwards the Lord Scrope was called for, and brought into the House, and then presently was willed to go to his Place and Seat; to whom, there standing uncovered, the Lord Chancellor declared, That the Lords had considered of the Nature of the Fault, wherewith he standeth charged, and findeth him not worthy of Blame for any Fault of Commission, but rather of Omission, in that he complained not to the House; but that otherwise he had carried himself temperately; and, therefore, it was the House's Pleasure he should take his Place.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 17m diem Februarii, hora 9a, Dominis sic decernentibus.