Die Lunæ, 18 Novembris, 1667.
Privilege a person committed.
ORDERED, That Mr. Devenish be taken into Custody of the Serjeant at Arms, for his Abuse, and
Breach of Privilege, in taking away by Force, and detaining, the Book of Causes in Chancery, from the Servant
of Mr. Goldesbrough Clerk of this House, in the Registers
Office; and refusing to restore it, contrary to the Order
and Direction of the Lord Keeper.
Committee of Privileges.
Ordered, That Mr. Tanner, Mr. Evelyn, Mr. Robert
Leighton, Sir Justinian Isham, Sir William Oglander, Mr.
Fagg, Mr. Buller, Mr. Turges, Lord Ancram, Sir Edward
Thurland, Sir John Tufton, be added to the Committee
of Elections and Privileges.
Ordered, That these Members following be added to
the Committee to which Mr. Carroone's Petition was committed; viz. Sir Edw. Windham, Sir Edward Thurland,
Colonel Sandys, Mr. Robert Leighton, Mr. Hungerford, Sir
William Doyley, Mr. Outway, Sir John Heath, Mr. Pryn.
A Bill for settling certain Lands and Tenements of Sir
Thomas Leventhorpe Baronet, in the Counties of Hertford
and Essex, was read the Second time.
Resolved, &c. That the Bill be committed to Lord Richardson, Sir William Lowther, Mr. Rigby, Sir Tho. Tomp
kins, Mr. Steward, Sir Lanc. Lake, Mr. Kent, Mr. King,
Sir Charles Harbord, Sir Edward Massey, Sir Richard
Franklyn, Mr. Westphaling, Sir Tho. Gower, Sir Solloman
Swale, Dr. Burrell, Sir William Hickman, Sir Thomas
Allen, Sir Edmund Windham, Mr. Dowdeswell, Sir John
Heath, Colonel Sandys, Sir Phillip Warwicke, Sir Henry
Cæsar, Sir Franc. Compton, and all that serve for the Counties of Essex and Hertfordshire: And they are to meet
To-morrow at Two of the Clock in the Afternoon, in the
Speaker's Chamber: And to send for Persons, Papers,
A Bill for the exchanging certain Manors and Lands of
William Palmes Esquire, for other Lands, settled upon him,
and his Issue by Mary his Wife, was read the Second time.
Resolved, &c. That the Bill be committed to Sir. William Lowther, Sir Thomas Gower, Mr. Steward, Mr. King,
Dr. Burwell, Sir Edward Master, Sir Robert Carr, Sir
Henry Wood, Sir Thomas Tompkins, Sir Edward Massey,
Mr. Dowdeswell, Sir Hugh Windham, Sir Edmund Windham, Sir Rowland Berkley, Col. Phillipps, Mr. Rigby, Sir
Lanc. Lake, Sir William Lewis, Mr. Gray, Sir George
Downing, Colonel Kirby, Sir Richard Oateley, Sir Hum.
Winch, Sir Clifford Cliffton, Sir Walter Young, Col. Sandys,
Sir John Heath, Lord Richardson, Sir Tho. Heblethorpe,
Sir Robert Howard, and all the Members of this House
that serve for the Counties of Yorke, Derby, Nottingham,
Lincolne, and Rutland: And they are to meet To-morrow
at Two of the Clock in the Afternoon, in the Speaker's
Chamber: And to send for Persons, Papers, and Records.
Resolved, &c. That the Matter of the Election concerning Haverfordwest, be reported To-morrow Morning.
Petition of Inhabitants near the Tower.
Ordered, That the Petition of the Inhabitants about the
Tower of London, whose Houses were burnt down in the
late Fire, be taken into Consideration on Wednesday next.
Privilege- A Member charged with Corruption.
The House being acquainted, that some Persons had
informed, that a Member of this House had received a
Gratuity of Five hundred Pounds, for promoting the
Business of the French Merchants;
Ordered, That Mr. Hartlibb, Mr. Cressett, and Mr.
Bourchier, be summoned by the Serjeant at Arms, to
attend, to give Information touching this Matter.
Earl of Clarendon's Non-Commitment.
Sir Thomas Littleton reports from the Committee appointed to draw up Reasons of the present Proceedings
of this House with the Lords, concerning the Earl of
Clarendon, the Reasons agreed by the Committee: Which
he read in his Place; and, afterwards, being read at the
Clerk's Table, were, upon the Question, severally agreed
to; and are as followeth; viz.
That what can or ought to be done by either House of
Parliament, is best known by the Custom and Proceeding
of Parliament in former Times; and that it doth appear
by Example, that, by the Course of Parliament, the Lords
have committed such Persons, as have been generally
charged by the House of Commons for High Treason,
to safe Custody, though the particular Treason hath not
been specified at the time of such Charge.
That a Commitment for High Treason in general is a
legal Commitment; and, if the Party so committed bring
his Habeas Corpus, and the Cause of his Commitment
thereupon be returned to be for High Treason, generally;
he may be lawfully remanded to Prison, by the Judges,
upon that Return.
If, before securing the Person, the special Matter of the
Treason should be alleged; it would be a ready Course,
that all Complices in the Treason might make their
Escape; or quicken the Execution of the Treason intended,
to secure themselves the better thereby.
If the House of Peers should require the particular
Treason to be assigned, before the Party charged be secured, they leave the Commons uncertain and doubtful
(and that from time to time) how particular they must
make their Charge, to their Lordships Satisfaction, before the Offender be put under any Restraint.
The Commons conceive, that, if they should desire
the Lords to secure a Stranger, or native Commoner,
upon Suspicion of Treason, which the Commoners had
of him; and which was by them under Examination, to
be evidenced to their Lordships in due time; their Lordships, in Justice, for the Safety of the King and People,
would secure such Person or Persons, upon the Desire
of the Commons: And, in such Case, there will be no
Difference, in the Consequent, between a Lord, and a
Commoner, so desired to be secured.
The Proceeding of inferior Courts between the King
and the Subject, or Subject and Subject, and the Discretion of Judges in such Courts, is bounded and limited by
the Discretion of the Parliament, which trusts them; and
it is not left to the Discretion of Judges in ordinary Jurisdiction, to give the King, or take from him, inconvenient Power for the Subject; nor to dispense the Law partially between Subject and Subject, for Malice and Affection: But the Discretion of the Parliament, which is the
whole Publick, comprehending the King, Lords, and
Commons, (for the King's Presence is supposed in the
Lords House) is, and ought to be, confined for the
Safety and Preservation of the Whole, which is Itself. It
cannot be malicious to a Part of Itself, nor affect more
Power, than already it hath; which is absolute over Itself,
and Parts; and may therefore do, for Preservation of Itself, whatsoever is not repugnant to natural Justice.
Conference desired with Lords.
Ordered, That Sir Robert Howard to desire a Conference with the Lords, on the Subject Matter of the last
Conference concerning the Earl of Clarendon.
Ordered, That the Commissioners for the Treasury be
desired to move his Majesty, to give Order for Stay of
all Proceedings on the Commission issued out in the Exchequer touching the Forest of Deane.
Privilege- Freedom of Speech.
Ordered, That the Report, concerning Freedom of
Speech in Parliament, be taken into Consideration Tomorrow Morning.
Restraints on Juries.
Ordered, That the Committee concerning Restraints
upon Juries be impowered to receive Information, at
large, against the Lord Chief Justice, for any other
Misdemeanours, besides those concerning Juries.
And then the House adjourned till To-morrow
Morning, Eight of the Clock.