Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, 17 die Decembris.
Mr. Griffith's Accusation.
Message to the H. C. about it.
To communicate the said Petition to them, and let them know, "That the House of Commons being interested in this Business, it having been under the Examination of Committees of both Houses, the Lords thought it not fit to do any Thing in it without first consulting with the House of Commons."
Coaches sent for the Lords who are come from the King.
Votes concerning the Crimes committed by the Archbishop of Cant.
Next, this House took into Consideration, "Whether, in their Consciences, upon the Proofs which they have heard, the Matter of Fact charged in the Ordinance for the Attainder of the Archbishop of Canterbury of High Treason be proved or not ?"
"1. Whether Will. Laude, Archbishop of Canterbury, hath endeavoured to subvert the fundamental Laws and Government of the Kingdom of England; and, instead thereof, to introduce an arbitrary and tyrannical Government, against Law ?"
"3. Whether he hath endeavoured to subvert the Rights of Parliaments, and the ancient Course of Parliamentary Proceedings, and, by false and malicious Slanders, to incense His Majesty against Parliaments?"
Message from the Assembly, with a further Part of the Directory.
And it was expressed, "That it was not the Intent of the Assembly of Divines to desert or cast out the Decalogue and the Creed out of the Directory; but they intend to insert them in the Catechism, which they are about, as being the most proper Place for it."
Lords Leave to visit the Two who are come from the King.
Answer from the H. C.
L. Wharton excused.
Message to the H. C. to sit P. M.
Judges Opinions in Point of Law, whether the Crimes committed by the Archbishop of Cant. amount to Treason.
It was moved, "That the Maters of Fact charged against the Archbishop of Canterbury being voted to be proved, that the Judges might deliver their Opinions upon those Votes, in Point of Law, "Whether they were Treason upon the whole Matters voted ?" And all the Judges answered, "That they could deliver no Opinion in this Case, in Point of Treason, by the Law, because they could not deliver any Opinion in Point of Treason but what was particularly expressed to be Treason in the Statute of 25 E. III. Cap. And so referred it wholly to the Judgement of this House.
Order for a new Seal for the Dutchy of Lancaster.
"Whereas the Dutchy Seal belonging to the County Palatine of Lancaster hath been forcibly taken from Christopher Banister Esquire, Vice Chancellor of the said County, by the Forces raised against the Parliament; in the Want whereof, neither Sheriff nor Justices of Peace could be made for that County, nor common Justice administered unto the Inhabitants thereof, unto their unsufferable Prejudice and Detriment: Be it therefore Declared and Ordained, by the Lords and Commons assembled in Parliament, That a Dutchy Seal, already by them provided and made, shall be forthwith put in Use, and shall be, and is hereby authorized and established to be, of like Force, Power, and Validity, to all Intents and Purposes, as any Dutchy Seal of the County Palatine of Lancaster heretofore hath been, or ought to be; and the said Seal shall be forthwith sent, by a Messenger to be appointed by the Speaker of the House of Commons, to the said Christopher Banister, who is hereby authorized and ordered, during the Pleasure of both Houses of Parliament, to put the same Seal in Use; and to do and perform all Acts and Things, as fully and amply as he or any other Vice Chancellor hath formerly done or performed; and to do and perform such other Acts and Things therewith, as he shall receive Directions for from both Houses of Parliament: And it is further Ordered and Ordained, That all Acts whatsoever, that have been done by the said former Dutchy Seal for the County Palatine of Lancaster, since the same was taken away from the said Christofer Banister as aforesaid, or any Act or Thing that hereafter shall be done by that or any other Dutchy Seal for the County Palatine of Lancaster (other than what is hereby appointed and established), shall be utterly void, frustrate, and of none Effect; and what the said Christopher Banister shall do in Pursuance of this Ordinance, he shall be protected by Authority of both Houses of Parliament."
L. Viscount Say & Seale.
Report of the Meeting with the Lords who are come from the King.
The Lord General reported to the House, "That the Select Committees of both Houses, in the Presence of the Scottish Commissioners, have received from the Duke of Richmond and the Earl of South'ton what they had to deliver from the King; the Contents whereof was in Two Papers.
"We are commanded by His Majesty, together with His Answer which we bring, to present to you the Assurance of His real and earnest Desires of Peace, which, He conceives, cannot so well appear by any Expressions in Words, as by those Proofs His Actions shall make, whensoever it shall be put into a Way of Trial, which He very much desires may be with Speed."
The King's Answer to the Propositions lately sent Him.
His Majesty's Answer to the Propositions presented to Him from the Lords and Commons assembled in the Parliament of England at Westm. and the Commissioners of the Parliament of Scotland now at London; to be delivered to the Lords and Commons assembled in the Parliament of England at Westm. and the Commissioners of the Parliament of Scotland now at London.
The King's Answer to the Propositions about Peace.
"His Majesty hath seriously considered the Propositions, and finds it very difficult, in respect they import so great an Alteration in Government both in Church and State, to return a particular and positive Answer, before a full Debate, wherein those Propositions, and all the necessary Explanations and Reasons for assenting, dissenting, or qualifying, and all Inconveniencies and Mischiefs which may ensue, and cannot otherwise be so well foreseen, may be discussed and weighed: His Majesty therefore proposeth and desireth, as the best Expedient for Peace, that you will appoint such Number of Persons as you shall think fit, to treat with the like Number of Persons to be appointed by His Majesty upon the said Propositions, and such other Things as shall be proposed by His Majesty for the Preservation and Defence of the Protestant Religion (with due Regard to the Ease of tender Consciences, as His Majesty hath often offered), the Rights of the Crown, the Liberty and Property of the Subject, and the Privileges of Parliament; and, upon the whole Matter, to conclude a happy and blessed Peace.