DIE Martis, videlicet, 10 die Novembris.
PRAYERS.
Bp of Durham excused.
Lord Bishop of Durham excused being absent, because
he is to preach at the Fast.
Dyed and Dressed Cloths.
Hodie 2a
vice lecta est Billa, An Act for better venting
of Dyed and Dressed Cloths, &c.
Committed to these Lords: videlicet,
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L. Archbp. of Cant.
L. Treasurer.
L. Privy Seal.
E. of Bathon.
E. of Bedford.
E. of Hartford.
E. of Lincolne. |
L. Bp. of Exon.
L. Bp. of Oxon.
L. Bp. of Bristoll.
Ds. Mowbray.
Ds. Wharton.
Ds. Mountague.
Ds. Pawlett.
Ds. Goringe. |
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Mr. Justice Reeves,
Mr. Justice Weston, |
Attendants. |
Their Lordships, or any Seven of them, to meet
on Friday next, the 13th of November, at Two
of the Clock in the Afternoon, in the Painted
Chamber.
Merchants to attend the Committee.
Ordered, That some Merchants Adventurers, and
Merchants of the Staple, be appointed to attend these
Lords Committees on Friday next.
Longuevile's Claim to the Titles of Hastings and Ruthin, &c.
This Day was read the Petition of Charles Longovile,
Esquire, Cousin and next Heir of Henry Earl of Kent,
Lord Hastinges and Ruthin, deceased, touching his Claim
and Titles of Lord Hastinges and Ruthin, &c. And it was
committed to the Committee of Privileges; in the mean
Time, the Earl of Kent to have Notice of it.
E of Warwick and L. Brooke's Privilege, being searched for Papers by a Secretary of State's Warrant.
It was moved, That whereas Two Peers of this High
and Honourable Court have had their Studies and Pockets searched for Papers, that it may be considered whether it be not a Breach of the Privileges of a Peer of
the Kingdom, especially it being done presently after
the Dissolution of the last Parliament, and within the
Time of Privilege of Parliament.
Sir William Beecher to be sent for as a Delinquent.
Whereupon the Earl of Warwick and the Lord Brooke
were appointed by the House to declare the Manner of
it; and, after their Lordships had made a full Relation
of it to the House, their Lordships Agreed, That Sir
William Bcecher should be presently sent for, and that
he should come to the Bar as a Delinquent, until he
brought the Warrants, and further cleared himself
herein. And accordingly he was sent for by the Gentleman Usher.
Ordered, That, upon Thursday next, the House is
to be called.
Hospitals.
Hodie 2a
vice lecta est Billa, An Act for Hospitals, &c.
and committed to these Lords: videlicet,
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L. Archbp. of Cant.
L. Privy Seal.
E. Marshal.
E. of Rutland.
E. of Bathon.
E. of Bedford.
E. of Warwicke.
L. Bp. of Winton.
L. Bp. of Chester. |
L. Bp. of Sarum.
L. Bp. of Co. et Litchfield.
L. Bp. of Exon.
Ds. North.
Ds. Brooke.
Ds. Mountague.
Ds. Deincourt.
Ds. Pawlett.
Ds. Maynard. |
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Mr. Justice Barkley,
Mr. Justice Crawley, |
Attendants. |
To meet on Thursday next, the 12th of November, at
Two of the Clock in the Afternoon, in the Painted Chamber.
Sir William Beecher at Bar.
Charged with searching the E. of Warwick and L. Brooke's Pockets and Studies, contrary to their Privilege.
The Gentleman Usher gave Notice to the House,
That, according to their Lordships Order, he had
brought Sir William Beecher; they appointed him to be
brought to the Bar as a Delinquent. Then the Lord
Keeper, having received Directions from the House, demanded of Sir William Beecher by what Warrant or Directions he did search the Pockets and Studies, and carry away the Papers of the Earl of Warwick and the Lord
Brooke, Two Peers of this Honourable House, contrary
to the Privilege of a Peer; especially being presently
after the Dissolution of the last Parliament, and within
the Time of Privilege of Parliament.
Refuses to answer.
Sir William Beecher answered, That he was a Clerk of
His Majesty's Privy Council, and sworn to His Majesty's
Service. Therefore desired their Lordships to give him
Leave, that he might first acquaint His Majesty with it,
before he answered.
Is desired to produce his Warrant.
Refuses it.
Whereupon he was commanded to withdraw; and
their Lordships, after many Debates concerning his Answer, (fn. †) were pleased to admit Sir Wiliam Beecher to
be called in again, who kneeling as a Delinquent, the
Lord Keeper was directed again by the House to ask him
to shew his Warrant, and blamed him for laying the Business upon His Majesty, no such Thing being asked him:
But he still refused to give a direct Answer, or to deliver his Warrants, but desired to be excused to answer
until he had acquainted the King with it.
Whereupon he was commanded to withdraw again.
And, after much Consideration of the Lords, he had
the Favour to be called in again; and the Lord Keeper
told Sir William Beecher, that the Lords do take him to
be the chief Actor of the Fact, and are resolved to proceed against him as the Principal, and accordingly to inflict Punishment upon him, unless he will now shew by
what Warrant he did that Fact.
He answered again, Any Thing as may stand with his
Duty to His Majesty, he must obey, for he hath exhorted others to Obedience; and he himself must obey, and
suffer what their Lordships please to lay upon him.
Order concerning him.
He was commanded again to withdraw himself. And
the Lords considered what was fit to be done. And their
Lordships conceiving that Sir William Beecher hath endeavoured to interest the King in the Matter, and hath not
dealt clearly nor fairly with their Lordships; for the Earl
of Warwick and the Lord Brooke have both affirmed, that
they did see Warrants in his Hand, under both the Hands
of the Secretaries of State, and so it aggravates his Offence, in using His Majesty's Name, when he might
have put it upon the Secretaries; it was thought fit, by
some Lords, That he should be called in again, and
have an Oath administered unto him: But it was otherwise thought fit by the Lords, that he should not by
Oath be forced to accuse himself, but to take the Execution of the Warrants for granted upon the Report of
the said Two Peers of this Honourable House, and so
proceed against him. And it was Ordered, That Sir
William Beecher should stand committed, for his Contempt, for not giving this Honourable Court a direct
Answer, being Thrice demanded; and for refusing to
produce the Warrant whereby he did search the Two
Lords Pockets and Study, and carry away their Papers:
And for the Breach of the Privileges of the Peers of Parliament, and that in Time of Privilege of Parliament,
their Lordships will now take it into their further Consideration. And it was Ordered, That Sir William
Beecher shall be presently examined publickly in the
House concerning these Particulars:
Particulars that he is to be examined upon.
1. Whether he did search the Pockets and Studies
for Papers of the Earl of Warwick and the Lord Brooke?
2. Whether he did not shew the Earl of Warwicke
Two Warrants and the Lord Brooke One Warrant?
3. What Names were subscribed to those Warrants?
4. Where those Warrants are?
Sir William Beecher being called in to the Bar, the
Lord Keeper did examine him upon the aforesaid Questions, and Sir William Beecher confessed he did take Papers out of the Pockets and Study of the Earl of Warwick and the Lord Brooke; and he did shew their Lordships Warrants under the Hands of the Two Secretaries;
and the Warrants he hath in his Custody. Whereupon
an Officer of the House was appointed to go along with
him, to fetch the Warrants, and it was Ordered, That
Mr. Maxwell, Gentleman Usher, should go along with
him, and should not suffer him to speak with any Body
going or coming, but return hither presently again.
Delivers his Two Search Warrants.
Being returned; Sir William Beecher was called in,
and the Lord Keeper demanded the Two Warrants of
him, which being delivered to the Clerk by Sir William
Beecher at the Bar, the Clerk delivered them to the
Lord Keeper; and, by the Consent of the House, they
were both read by the Clerk, being both subscribed by
Sir Francis Windebanke and Sir Henry Vane, both Secretaries of State to His Majesty.
Committed to The Fleet.
After which Sir William Beecher was committed to The
Fleet.
It was moved, That a Conference might be had with
the House of Commons, with a Committee, to let them
know that their Privileges have been infringed in this
Particular, by Two Members of their House. Whereupon a Message was sent, by the Two Lord Chief Justices,
to this Effect videlicet,
Message to the H C for Conference touching this Breach of Privilege by Two of their Members.
The Lords Spiritual and Temporal, in the High Court
of Parliament assembled, do desire a Conference presently (if it may stand with their Conveniency), in the
Painted Chamber, with the Number of Twenty Lords,
touching something done to their Lordships, to the great
Breach of their Privileges of Parliament, by some Members of their House.
Lord Committees for the Conference.
The Names of the Lords Committees about the Conference are these: videlicet,
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L. Archbp. of Cant.
E. Marshal.
L. Chamberlain.
E. of Bathon.
E. of Bedford.
E. of Hartford.
E. of Essex.
E. of Bristoll.
E. of Dover.
L. Bp. of Winton. |
L. Bp. of Bristoll.
Ds. Mowbray.
Ds. Wharton.
Ds. Dacres.
Ds. Kymbolton.
Ds. Grey de Werke.
Ds. Roberts.
Ds. Lovelace.
Ds. Pawlett.
Ds. Howard de Esgrick.
Ds. Savill. |
Before the Committees met, the Lords thought it fit
to consider of the Heads and Sense of the Matter that
was to be delivered at the Conference, which in Effect
was this:
Heads of the Conference.
That their Lordships have found their Privileges lately
much intrenched upon; for Two Peers of this Honourable
House, videlicet, the Earl of Warwicke and the Lord
Brooke, have had their Pockets and Studies searched for
Papers, which were carried away, contrary to the Privileges of a Peer of the Kingdom, and more especially
it being done within the Time of the Privilege of Parliament; and Sir William Beecher being called before
their Lordships, he produced Two several Warrants,
being dated the Eighth Day of May, One Thousand Six
Hundred and Forty, One for to search for all Papers and
Writings of the Earl of Warwicke and the Lord Brooke,
and to bring them to the Two Secretaries or One of
them; which Warrants were both signed with the Handwriting of Sir Henry Vane and Sir Francis Windebancke,
both Secretaries of State; and in the Warrants no particular Act laid to their Charge: But, being both Members of the House of Commons, their Lordships think it
fit, for the preserving good Correspondency and Respect
between both Houses, to acquaint the House of Commons first with it, before they proceed to any Reparation.
The Two Lord Chief Justices return this Answer to
the Message to the House of Commons: videlicet,
Answer to the Message.
That the House of Commons will presently give a
Meeting to the Lords Committees, with a proportionable
Number, in the Painted Chamber.
Conference reported.
The Lords Committees went forth to the Conference.
And when their Lordships returned, the Lord Archbishop of Cant. reported to their Lordships, That the
Committees have met; and his Lordship, according to
the Directions of this Honourable House, hath delivered
the Sense of what was commanded him, and their Answer for the present is, That they came with good and
ready Affections, but desire that they may go to their
own House; and, because it being now late, they may
have Leave until To-morrow Morning to return their
Lordships an Answer; which was Agreed to, and so
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii,
videlicet, 11m diem instantis Novembris, nona hora Aurora, Dominis sic decernentibus.