DIE Mercurii, 5 die Junii.
Domini præsentes fuerunt:
|His Royal Highness the Duke of Yorke.
Ds. Custos Privati Sigilli.
Marq. de Winton.
L. Great Chamberlain.
Comes (fn. *)
Viscount Say et Seale.
Viscount de Stafford.
Ds. Berkeley of Berkeley.
Ds. Darcy et Conyers.
Ds. Willoughby de Parham.
Ds. Gerard de Bromley.
Ds. Howard de Charlton.
Ds. Grey de Wark.
Ds. Howard de Esc.
Ds. Herbert de Cherbury.
Ds. Berkeley de Stratton.
PRAYERS, by Dr. Hodges.
The Earl of Portland reported from the Committee,
the Bill for restoring Thomas Radcliffe to his Estate,
as fit to pass, without any Alteration. Whereupon the
House ORDERED, That the said Bill be engrossed.
Report of the Conference concerning the Bill for preserving the King's Person.
Next, the Lord Chancellor made the Report of the
Conference had with the House of Commons on Friday
last, concerning the Alterations and Proviso in the Bill
for preserving of the King's Person and Government;
which was to this Effect:
"Mr. Solicitor began the Conference; who prosessed the great Respect the House of Commons had
for the Lords; how readily they had concurred to all
the Amendments the Lords had made to the Bill,
excepting Two Points:
"The First was in the Second Skin, ["other than
"The Second in a Proviso.
"To the First, he said, The Commons Care is but to
prevent a Crime, as odious in Nature, as dangerous in
Practice; and they conceive that, as they had penned
it, the Bill reacheth not an Hereditary Dignity, such
as Peerage is, which they take not to be an Office;
and therefore, as the Bill was penned, that was not lost
therefore. Secondly, if it were, they should not
have had the Presumption to have offered to their
Lordships, that any Person that should so miscall
the King as in the Bill is mentioned, should not be
thought worthy of so high a Punishment; and yet
the Bill excluded not such from the King's Pardon.
"The Commons take Notice, that the Lords in
Capital Offences must have their Trials by Peers,
though no Proviso were added in the Bill; so as the
Question is only about the Premunire and Disability.
"They say, in Case of a Premunire, the Lords have
not their Trials by Peers, as appears by Stamford
and Sir Edward Cooke; neither are there above Four
or Five Acts of Parliament wherein the Lords have
their Trial by Peers saved to them in that Case.
"The next Gentleman that managed the Conference
was Serjeant Charlton; who said, That the First Exception ["other than their Peerage"], (fn. *) which excepts all the Consequence of Peerage. He observed,
that where the Obligation was greater, the Aggravation was higher; and that Peers were more especially bound to the King, than other Men. The
Common Law (he said) implied a tacit Condition in
Peerage, forfeitable upon swerving from their Allegiance to the King. He cited the Case of Nevill,
Cooke's Report, the 21 Ric. II. how the Earl of
Westm'land, though Tenant in Tail, for an Offence
forfeited it, by Breach of Trust.
"So in the Case of the Lord Delaware, 3 E. VI.
who suffered a Personal Disability. This was also
recommended to us as the Judgement of the King,
who told us, "That we should provide full Remedies
against new Mischiefs, when they are so upon old
"The next was Sir Robert Atkins; who began with
prosessing the Desire of the Commons not to infringe
any of their Lordships Privileges; yet withal their
Tenderness of the King's Safety and Honour. As
to the First Point, he said, the Bill, as it was sent up
by the Commons, (fn. *) made no Forfeiture of Peerage;
but only did suspend it.
"As to the Second, (he said) the Lords have no
Exemption from a Premunire; but are to be tried by
a Jury of Commoners, by the Common Law. And
herein they were the more confirmed, in regard Mr.
Selden, in the Book of his Privilege of Peers, affirms
it to be so. In the Statute of Premunire, in the
16 of R. II. there is no Exception for the Lords to
be tried by the Peers; wherefore the Commons hope
that their Lordships will not take it as a Piece of
Unkindness, that they concur not in so perilous a
"The next Gentleman was Serjeant Keeling; who
said, That he took Magna Charta to be the Ground
of the Privileges both of the Lords and Commons.
And he observed, that the Trial of Lords was by a
Common Jury, not by Peers, in all Cases not Capital,
except Misprision; and the Reason of that was, because Misprision was anciently a Capital Offence; and
being changed, by the Statute of the 1 of Philip and
Mary, from a Capital Crime, the Lords obtained the
Trial by Peers only upon that Account. He observed, that those Things in the Bill named were
Crimes so dangerous, that no Severity could be too
much for them.
"The last Gentleman that managed this Conference
was Mr. Yorke; who said, The Statute of 1° Eliz.
made Five Offences Premunire, wherein the Lords
had their Trial by Peers; but those were Offences only
to the Court of Rome, but not such as this Act holds
forth: The last Statute that makes Premunire is the
7th Jacobi; and there is no Saving for Trial by Peers;
neither in 10 Jac. He said, The Offences in this
were more dangerous than in that Act; and it was
necessary to make new Laws to secure the Government; adding, that they that should commit so foul
Offences as are mentioned in this Act, did not deserve so honourable a Trial as by Peers. Besides,
that Way of Trial was tedious and chargeable; a
new Court must be erected, and the King put to
the Charge for sending for Peers from the extreme Parts of the Land: Whereas the other
was a quicker Way, and therefore fitter for Dispatch."
Bill for preserving the King's Person.
This Report being made, the House took the same
into serious Consideration.
And, after a long Debate, and mature Weighing of
what was offered by the House of Commons, this House
ORDERED, To adhere to the Alteration and Words
as they were put in by this House, concerning the excepting of Peerage; and also to adhere to the adding of
the said Proviso as it was sent down: And it was further
ORDERED, To have a free Conference with the House
of Commons; and there every Lord at Will to have
Liberty to give his Reasons that were used in this House
upon the Debate.
Message to H. C. for a further Conference about it.
A Message was sent to the House of Commons, by
Dr. Childe and Dr. Littleton:
To desire a present Free Conference, in the Painted
Chamber, touching the Matter of the last Conference.
The Answer returned was:
That the House of Commons will give a present Free
Conference, as is desired.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
L. Fauconberg, Leave to be absent.
ORDERED, That the Lord Viscount Fauconberge hath
Leave to go into the Country.
Bill to inclose Ground at Parsons Green.
vice lecta est Billa, "An Act for confirming of an Enclosure of Land, formerly used for a
Common Highway, from Parsons Greene to Southfeild, in Fulham; and the settling of other Land for
a Common Highway there, in Lieu thereof."
E. of Derby's Bill:
vice lecta est Billa, "An Act for restoring
the Earl of Derby to his Lands."
Sir J. Trevor & al. Petition against it.
Then a Petition of Sir John Trevors and others was
read, desiring to be heard before the aforesaid Bill be
And it is ORDERED, That the Debate concerning
the committing of this Bill shall be adjourned; and to be
resumed on Friday Morning next.
Sir Allen Zouch's Petition.
Upon reading the Petition of Sir Allen Zouch:
It is ORDERED, That the said Petition and Contents
thereof is hereby referred to the Lords Committees for
Petitions; who, having considered thereof, are to make
Report to this House.
Towns of Leostoff and Yarmouth, concerning a Fishery.
Upon the Petition of the Bailiffs of the Town of
Great Yarmouth, read this Day; shewing, "That they
were served with an Order of this House, on the
30th of May last, for a Hearing, at this Bar, on the
7th of June Instant, concerning a free Trade of
Fishing, between the Inhabitants of the Town of
Lowstoft in Suffolke, and the Town of Yarmouth:"
It is ORDERED, by the Lords in Parliament assembled,
That the Hearing of the said Cause is hereby put off
unto the Twentieth of this Instant June peremptorily;
and that then all Parties concerned are to attend, with
their Counsel and Witnesses, and come fully prepared
for a Hearing at this Bar accordingly.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque in diem Jovis, videlicet, 6m
diem instantis Junii, hora decima Aurora, Dominis sic