DIE Mercurii, 20 die Novembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Epus.Litch. et Cov.
|Sir Orlando Bridgman, Miles et Bar. Ds. Custos Magni Sigilli.
Johannes Ds.Robertes, Custos Privati Sigilli.
Edwardus ComesManchester, Camerarius Hospitii.
VicecomesSay et Seale.
|Ds. Arlington, One of the Principal Secretaries of State.
Ds. Berkley de Berkley.
Ds. Arundell de Warder.
Ds. Howard de Charlt.
Ds. Howard de Esc.
Ds. Gerard de Brand.
Ds. Berkley de Strat.
Ds. Arundell de Trerice.
Message from H. C. with a Bill.
A Message was brought from the House of Commons,
by Sir George Downing and others; who brought up a
Bill intituled, "An Act for assigning Orders in the Exchequer without Revocation;" to which their Lordships Concurrence is desired.
Bill for assigning Exchequer Orders.
vice lecta est Billa, "An Act for assigning
Orders in the Exchequer without Revocation."
The Lord Viscount Mountagu and the Lord Petre are
added to the Committee for Petitions.
Committees to meet.
ORDERED, That those Committees that are sine die,
and also those that should have sat this Afternoon, are
appointed to meet To-morrow in the Afternoon.
Then this House took into Consideration the Report
of the Conference with the House of Commons Yesterday, concerning the Proceedings against the Earl of Clarendon.
E. of Clarendon not to be committed on a general Charge.
In order thereunto, the Reasons of the House of
Commons were read.
And then these Precedents mentioned by the Commons were read:
1. The Precedent of the Impeachment of the Earl of
Strafford, of Treason, the 11th of November, 1640.
2. The Impeachment of Treason against William
Laude, Archbishop of Canterbury, the 18th of December,
3. The Impeachment of Treason against the Lord
Finch, Lord Keeper, the 22th of December, 1640.
4. The Impeachment of Treason against Sir George
Radcliffe, the 29th of December, 1640.
And, after a long Debate of the First Reason, and
the aforesaid Precedents; the Second, Third, Fourth,
Fifth, and Sixth Reasons were again read.
And, after a serious Debate thereof,
The Question being put, "Whether, upon these
Precedents and Reasons of the House of Commons, and the whole Debate thereupon, their
Lordships are satisfied to comply with the
Desires of the House of Commons, for sequestering from this House and committing the
Earl of Clarendon, without any particular Treason assigned or specified?"
It was Resolved in the Negative.
ORDERED, That a Message be sent To-morrow Morning, to desire a Conference with the House of Commons,
at Eleven of the Clock, in the Painted Chamber, upon
the Matter of the late Conference concerning the Earl
Memorandum, That, before the putting of the abovesaid Question, these Lords following desired Leave to
enter their Dissents, if the Question was carried in the
Negative: Which was granted; and their Lordships
accordingly entered their Dissents, with these Reasons
Protest against it.
"We, whose Names are underwritten, do, according to the ancient Right and Usage of all the Peers
of the Realm assembled in Parliament, after due Leave
demanded from the House in the usual Manner and
Form, as the Journal Book doth shew, enter and
record our Protestation and particular Dissents, as
followeth, and for these Reasons:
"1. That we are satisfied in Agreement with so
much of the Reasons of the House of Commons alledged to that Purpose, as, upon a
very long and solemn Debate in this House,
did concur with our Sense, That the Earl of
Clarendon should be committed to Custody,
without assigning of special Matter until the
particular Impeachment shall be exhibited
against him by the Commons before the Lords
in Parliament: Or else how shall any Great
Officer of the Crown and his Complices be
prevented from evading to be brought to a
fair and speedy Trial?
"2. We do conceive that the Four Precedents
urged by the House of Commons for his Commitment as aforesaid, and to justify the Way
of their Proceedings by general Impeachment
only, are valid, and full to the Point in this
Case; and that the Precedent of William de la
Poole Duke of Suffolk, in the 28 of H. VI.
is no Precedent at all to the contrary, in regard
that it was no Judgement nor Appeal in Parliament, but rather an Appeal to the King
from the Judicature of the Parliament whilst
the Parliament was sitting, which is not according to the Known Privileges and Customs
of this House.
"3. The Earl of Clarendon's Power and Influences in the absolute Management of all the
great Affairs of the Realm hath been so notorious, ever since His Majesty's happy Return
into England, until the Great Seal was taken
from him, that, whilst he is at Liberty, few
or none of the Witnesses will probably dare
to declare in Evidence all that they know
against him; for Defect whereof, the Safety
of the King's Person and the Peace of the
whole Kingdom may be very much endangered.
"4. We conceive that, in Cases of Treason and
traiterous Practices, the House of Commons
have an inherent Right in them to impeach
any Peer of the Realm, or other Subject of
England, without assigning of special Matter;
because Treason either against the King's
Person, or the Government established, which
are Indivisibles, is such a Specialty in itself
alone, that it needs no further Specification as
to the Matter of safe Custody; nor can it be
suspected that so Honourable a Body as the
House of Commons would have accused a
Peer of the Realm of the Earl of Clarendon's
Eminency and Condition, without very good
Pemb. & Montgomery.
Say & Seale.
Howard of Charlton.
Will. St. Davids.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 21um
instantis Novembris, hora decima Aurora, Dominis sic