DIE Martis, 17 die Decembris.
PRAYERS, by Dr. Gouge.
Ds. Grey de Warke, Speaker this Day.
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L. Admiral.
Comes Kent.
Comes Pembrooke.
Comes Rutland.
Comes Sarum.
Comes Bolingbrooke.
Comes Stamford.
Comes Nottingham.
Comes Northumb.
Comes Manchester.
Comes Denbigh.
L. General.
L. Viscount Say & Seale. |
Ds. North.
Ds. Howard.
Ds. Bruce.
Ds. Dacres.
Ds. Mountague.
Ds. Berkley.
Ds. Willoughby. |
Mr. Griffith's Accusation.
The Earl of Sarum reported to the House some
Heads, concerning the Business of Mr. Griffith.
And the House taking into Consideration the Petition
of Mr. Griffith read in this House Yesterday, a Message was sent to the House of Commons, as followeth:
Message to the H. C. about it.
A Message was sent to the House of Commons, by
Mr. Serjeant Whitfield and Mr. Serjeant Fynch:
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."
2. To deliver unto them the Ordinance concerning
the Seal of the County of Lancashire; wherein their
Lordships have made some Alterations, and desire the
Concurrence of the House of Commons therein.
Coaches sent for the Lords who are come from the King.
Ordered, That the Lord General and the Earl of
Pembrooke are desired to send their Coaches, to bring
the Duke of Richmond and the Earl of South'ton to the
House this Afternoon.
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 ?"
And, after a mature Debate, these Particulars were
voted; videlicet,
"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 ?"
And it was Resolved in the Affirmative.
"2. Whether he hath endeavoured to alter and
subvert God's true Religion, by Law established in this Realm; and, instead thereof, to set
up Popish Superstition and Idolatry ?"
And it was Resolved in the Affirmative,
nemine contradicente.
"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?"
And it was Resolved in the Affirmative.
Message from the Assembly, with a further Part of the Directory.
A Message was brought from the Assembly of Divines, by Dr. Burges, One of the Assessors, and others:
To present to this House, as the Advice of the said
Assembly, another Part of the Directory concerning
Visitation of the Sick.
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.
Ordered, That such Lords as will visit the Duke of
Richmond and the Earl of South'ton have hereby
Leave to visit them for Once, at such Times as they
think fit.
Answer from the H. C.
Mr. Serjeant Whitfield and Mr. Serjeant Fynch return
with this Answer from the House of Commons:
That they agree to the Alterations in the Ordinance
concerning the Seal for the County of Lancaster.
(Here enter it.)
And concerning the Petition of Mr. Griffith, they will
send an Answer by Messengers of their own.
L. Wharton excused.
The Lord Wharton is excused for his Absence this
Day.
Message to the H. C. to sit P. M.
A Message was sent to the House of Commons, by
Sir Rob't Rich and Mr. Page:
To let them know, that this House intends to sit this
Afternoon, at Five of the Clock; and to desire that they
would do the like, if it may stand with their Conveniency.
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."
Post meridiem.
Ds. Grey de Warke, Speaker.
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L. General.
L. Admiral.
Comes Kent.
Comes Northumb.
Comes Rutland.
Comes Pembrooke.
Comes Sarum.
Comes Bolingbrooke.
Comes Stamford.
Comes Manchester.
L. Viscount Say & Seale. |
Ds. North.
Ds. Berkley.
Ds. Wharton. |
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.
"First, The Duke of Richmond made an Introduction,
to this Effect:
"My Lords and Gentlemen,
"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.
Next, the Answer was read, as followeth:
"CHARLES R.
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.
"Given at Our Court at Oxon, the 13th of December, 1644."
Ordered, That the Consideration of this Business
shall be upon Thursday Morning next, at which Time
the House shall be called; and the Lords shall have
Notice to be present.
Adjourn.
House adjourned till 9a, Thursday next.