DIE Jovis, 2 Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Cant.
Epus. London.
Epus. Winton.
Epus. Sarum.
Epus. Worcester.
Epus. Ely.
Epus. Norwich.
Epus. Peterburgh.
Epus. Gloucester.
Epus. St. Asaph. |
Dux Cumberland.
Ds. Custos Magni Sigilli.
Dux Leeds, Ds. Præses.
Comes Pembroke, Ds. Privati Sigilli.
Dux Norfolke.
Dux Devon, Ds. Senescallus.
Dux Somerset.
Dux Richmond.
Dux South'ton.
Dux Ormond.
Dux Northumberland.
Dux St. Albans.
Dux Schonbergh.
March. Normanby.
Comes Lindsey, Ds. Magnus Camerarius.
Comes Dorset, Ds. Camerarius.
Comes Kent.
Comes Bridgewater.
Comes North'ton.
Comes Denbigh.
Comes Manchester.
Comes Rivers.
Comes Stamford.
Comes Kingston.
Comes Carnarvon.
Comes Thanet.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Bathe.
Comes Craven.
Comes Ailesbury.
Comes Burlington.
Comes Sussex.
Comes Feversham.
Comes Maclesfeld.
Comes Radnor.
Comes Berkeley.
Comes Rochester.
Comes Abingdon.
Comes Portland.
Comes Fauconberge.
Comes Monmouth.
Comes Montagu.
Comes Marleborough.
Comes Torrington.
Comes Scarbrough.
Comes Bradford.
Comes Rumney.
Viscount Weymouth.
Viscount Villiers. |
Ds. Abergavenny.
Ds. Willoughby Er.
Ds. Berkeley Ber.
Ds. Fitzwalter.
Ds. Eure.
Ds. Hunsdon.
Ds. Sidney.
Ds. Grey.
Ds. Maynard.
Ds. Coventry.
Ds. Jermyn.
Ds. Byron.
Ds. Culpeper.
Ds. Clifford.
Ds. Lucas.
Ds. Berkeley Str.
Ds. Granville.
Ds. Cornwallis.
Ds. Osborne.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Cholmondeley.
Ds. Lempster.
Ds. Weston.
Ds. Herbert. |
PRAYERS.
Message from H. C. to return the Bill for confining Sir T. Cooke & al.; with Amendments:
A Message was brought from the House of Commons,
by Sir Herbert Crofts and others:
To return the Bill, intituled, "An Act for imprisoning
Sir Thomas Cooke, Sir Basil Firebrace, Charles Bates
Esquire, and James Craggs, and restraining them from
aliening their Estates;" to which they have agreed,
with some Amendments, whereunto they desire the Concurrence of this House.
Some of the Amendments disagreed to:
Then the Amendments made by the Commons to the
said Bill were read.
The Clause (A), to be added at the End of the Bill,
was postponed.
The Clause (B) was read, and agreed to.
The First Amendment was read, Pr. 1st, L. 21. Leave
out ["Sir Thomas Cooke"]: And, being read again,
The Question was put, "Whether this House will
agree with the House of Commons in this
Amendment?"
It was Resolved in the Negative.
1st Pr. L. 25. Leave out ["without Bail or Mainprize."]
The Question was put, "Whether to agree with
the House of Commons in this Amendment?"
It was Resolved in the Negative.
35 L. After ["this"], read ["or any other"].
The Question was put, "Whether to agree with
this Amendment?"
It was Resolved in the Negative.
2 Pr. 9 L. The Question was put, "Whether to
agree with the Commons in this Amendment?"
It was Resolved in the Negative.
The Clause (A), to be added at the End of the Bill,
was read.
The Question was put, "Whether to agree with
the House of Commons in this Amendment?"
It was Resolved in the Negative.
Committee to prepare Reasons for it.
Lords Committees appointed to draw Reasons to
be offered, at a Conference with the House of
Commons, for the Lords Disagreement to some
of their Amendments to the Bill, intituled, "An
Act for imprisoning Sir Thomas Cooke, Sir
Basil Firebrace, Charles Bates Esquire, and
James Craggs, and restraining them from
aliening their Estates."
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D. Norfolke.
March. Normanby.
Ds. Magnus Camerarius.
Ds. Camerarius.
Comes Bridgewater.
Comes Manchester.
Comes Rochester.
Comes Monmouth.
Comes Torrington.
Viscount Weymouth. |
Ds. Gray.
Ds. Cornwallis.
Ds. Godolphin.
Ds. Cholmondeley.
Ds. Herbert. |
Their Lordships, or any Five of them; to withdraw presently, in the Prince's Lodgings, near
the House of Peers.
Thornehill, a Counsel, feed by Sir J. Champante, attached, for not attending.
Upon Oath made, at the Bar, "That Robert Thornehill Esquire was feed to attend this House as Counsel,
this Day, for Sir John Champante;" and he not attending:
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the Gentleman Usher of
the Black Rod attending this House, his Deputy or
Deputies, do forthwith attach the Body of the said
Robert Thornehill, and bring him in safe Custody to the
Bar of this House; and this shall be a sufficient Warrant on that Behalf.
To Sir Fleetwood Sheppard, Gentleman
Usher of the Black Rod attending
this House, his Deputy and Deputies, and every of them.
Message from H. C. to return the Bill for reversing the Attainder of Leisler & al.
A Message was brought from the House of Commons,
by Sir Henry Ashurst and others:
To return the Bill, intituled, "An Act for reversing
the Attainder of Jacob Leisler and others;" to which
they have agreed, without any Amendment.
Message to H. C. to sit a while.
A Message was sent to the House of Commons, by
Mr. Holford and Mr. Pitts:
To desire them, that they would sit some Time longer.
The Messengers return Answer:
Answer.
That the Commons will sit, as desired.
Thornehill discharged.
ORDERED, That Mr. Thornehill be discharged, without paying any Fees.
Lords Reasons for disagreeing to some of the Commons Amendments to the Bill for imprisoning, &c. Sir Tho. Cooke & al.:
The House was adjourned during Pleasure, and the
Committee withdrew.
And, after some Time, the House was resumed.
And the Earl of Rochester reported the Reasons to be
offered at the Conference, as followeth; (videlicet,)
"The Lords have disagreed to the First Amendment,
in leaving out Sir Thomas Cooke; because both Houses
have declared their Opinion, That Sir Thomas Cooke
(fn. *) have not made a full and satisfactory Discovery:
And the Lords are doubtful, whether the Act, intituled, "An Act to indemnify Sir Thomas Cook from
Actions, &c." may not allow him to be bailed, by
virtue of Habeas Corpus Act, at the Discretion of the
Commissioners of Accompts; which is contrary to
the Intention of their Lordships, who think a Matter
of such extraordinary Nature, that has been once
under the Consideration of a Committee of both
Houses, is fit only for the further Examination and
Determination of Parliament.
"To all the other Amendments made by the Commons, excepting Two, the Lords have disagreed;
(videlicet,) that made in 29 L. of 1st Press, and the
Clause marked (B), to which their Lordships have
agreed: And their Lordships conceiving that most of
the other Amendments made by the Commons do
chiefly relate to the bailing Three of the Persons mentioned in the Bill, as it was sent from the Lords;
they have directed their particular Reasons against
the Clause marked (A); hoping that, if the Commons
can be prevailed with to desist from that Amendment, they will the more easily be induced to agree
with the Lords in all the rest. The Reasons for their
Lordships disagreeing with the Clause marked (A
are, because they conceive the Persons mentioned
therein have not deserved the Favour of the Two
Houses; and if there be any Prospect that, in a future
Session of Parliament, a fuller Discovery of the
Truth may be obtained, the Lords are of Opinion,
the likeliest Way to attain that End is, that the Persons abovementioned be not left at Liberty to dispose
of their Effects, as allowed by the Amendments of
the Commons; but that their whole Estates may remain subjected to what Fines may be laid upon them;
in which Condition (the Lords conceive) they ought
to remain till they have given Satisfaction to both
Houses; and if their Persons, as well as their Estates,
be not with the strictest Care preserved for the
Justice of a future Session of Parliament, all further
Inquiry into so soul a Corruption will be wholly
ineffectual."
Message to H. C. for a Conference about them.
A Message was sent to the House of Commons, by
Mr. Holford and Mr. Pitts:
To desire a present Conference, in the Painted Chamber, upon the Subject-matter of their Amendments to
the Bill, intituled, "An Act for imprisoning Sir Thomas
Cooke, Sir Basill Firebrace, Charles Bates Esquire, and
James Craggs, and restraining them from aliening
their Estates."
The Messengers return Answer:
Answer.
That the Commons will give a Conference, as desired.
Managers of the Conference.
Then the Lords following were named Managers of
the Conference:
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Dux Norfolke.
Ds. Senescallus.
Dux Somerset.
March. Normanby.
Ds. Magnus Camerarius.
Comes Bridgewater.
Comes Manchester.
Comes Stamford.
Comes Thanet.
Comes Sandwich.
Comes Rochester.
Comes Monmouth.
Comes Torrington.
Comes Bradford. |
Conference reported.
The Commons being come to the Conference; the
House was adjourned during Pleasure, and the Lords
went to the Conference.
Which being ended, the House was resumed.
And the Earl of Rochester reported, "That they had
attended the Conference, as commanded; and delivered
the Reasons."
Message from H. C. to return the Bill for a general Pardon.
A Message was brought from the House of Commons,
by Mr. Solicitor and others:
Who returned the Bill, intituled, "An Act for the
King's most Gracious, General, and Free Pardon;" to
which they have agreed.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, (videlicet,) tertium diem instantis Maii, hora
decima Aurora, Dominis sic decernentibus.