DIE Martis, videlicet, 6die Julii.
Petition of the Prisoners of Ludgate referred.
Ordered, That the Petition concerning the Prisoners
of Ludgate be referred to the Committee for Petitions.
Message from the Commons, with Three Bills.
A Message was sent from the House of Commons, by
the Lord Viscount Waineman; who said, he was commanded to deliver to their Lordships Three Bills, which
had passed the House of Commons; one intituled, "An
Act for the better ordering and regulating of the
Office of Clerk of the Market, allowed and confirmed by this Statute; and for the Reformation of
false Weights and Measures."
2. "An Act against divers Incroachments and Oppressions in the Stannary Courts."
3. "An Act for the Confirmation of His Majesty's
Letters Patents to the Town of Plymouth, and for
dividing the Parish, and building of a new Church
Desire a Dispatch of some Bills; and they will bring up the Impeachment against the Judges.
And he was further to desire a Dispatch of some
Bills brought up formerly, as the Bills against Pluralities; and that their Lordships would appoint some Time,
when their Lordships shall be at Leisure, that the Commons may come up with the Impeachment against the
Answer which was returned to the Messengers from
the House of Commons was:
That their Lordships will give a Dispatch to these
Bills now brought up, with all convenient Speed; and
will, in a short Time, give a Dispatch to the Bill against
Pluralities: And further it was told them, That their
Lordships have appointed great Business this Morning,
concerning the Safety of the Kingdom; but will sit this
Afternoon, at Three a Clock; at which Time they will
give the House of Commons a Meeting, concerning the
Impeachment of the Judges.
No more private Petitions to be received.
Ordered, in regard of the Multitude of Petitions
now depending in this House, That no more Private
Petitions shall be received into this House; and that such
Causes as have particular Days assigned shall be heard;
but such Petitions as have no Days of Hearing appointed
for them shall be adjourned until the next Sitting of
Parliament; and Notice hereof shall be presently given
to the Parties whom it concerns, that they attend no
further; and lastly, that such Causes as are of a Public
Nature are to be preferred before Private.
Officers of the Star-chamber recommended to the Parliament by the King.
The Earl of Essex signified to this House, from His
Majesty, "That he was commanded to let their Lordships know, that His Majesty, having given His Royal
Assent to the Bill for taking away the Court of Starchamber, doth recommend to the Parliament's Consideration the Case of Sir William Pennyman, and the
rest of the Officers of that Court, how they may
have some Reparation for the Loss of their several
Offices." Hereupon it was Ordered, That the
Committee formerly appointed for this Business do meet
on Saturday next, in the Afternoon; and the Earl of
Essex is added to the said Committee.
Committee for a Conference, concerning the Depredations of the French, &c.
Next the House fell into Consideration of the Depredations; and, after some Debate, these Lords following were appointed to consider and prepare some Heads
of this Business for the House, and so to prepare for
a Conference with the House of Commons: videlicet,
The L. Privy Seal.
L. Great Chamberlain.
E. of Bathon.
E. of Bristoll.
E. of Berkshire.
E. of Stamford.
E. of Portland.
|E. of Bedford.
E. of Essex.
E. of Dorsett.
E. of Warwicke.
E. of March.
Ds. Howard de Charleton.
Ds. Grey de Warke.
Ds. Howard de Estcrigge.
Ds. Herbert de Cherbery.
Their Lordships, or any Seven of them, to meet
To-morrow in the Afternoon, at Three a Clock,
in the Prince's Lodgings.
Earl of Bedford's Bill.
The Earl of Bath reported the Earl of Bedford's
Bill fit to pass, with some few Amendments; which
being read Once as it was without the Amendments,
and Twice as it is with the Amendments, it was Ordered to be ingrossed with the said Amendments.
Earl of Cleveland's Bill.
It was reported, That the Committees for the Earl
of Cleveland's Bill have considered thereof; and whereas
the Lord Privy Seal put in a Proviso, to have his own
Estate, which he holds from the said Earl of Cleveland,
the Lords Committees have voted it as not fit to pass,
in regard it will be a great Impediment to the Sale of
the Lands; but the Committees do think (fn. *) fit that the
Lord Privy Seal have his Money again, which he paid
for his Estate, and have, over and above the Purchasemoney, a Thousand Pounds paid him by the Earl of
Cleveland; and, in regard of the other Estates that were
upon the Lands to be sold, the Bill is re-committed to
the Committee, to consider of the saving the Estates of
the rest of the Creditors.
Sir G. Wentworth to speak with Sir G. Radcliffe.
Upon the Petition of Sir George Wentworth, it is
Ordered, That Sir George Wentworth have Leave to
speak with Sir George Radcliffe, about Business.
Bill against Recusants.
After this, the House was put into a Committee, to
debate the Bill concerning the Recusants.
Petition of the Recusants.
Then the Petition presented by the Recusants was
read, but referred to be considered of some other Time;
and so the House being resumed, it is Ordered, That
the Bill concerning Recusants shall be further debated
on Thursday Morning next.
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in post
meridiem hujus instantis diei, hora 3a, Dominis sic decernentibus.
Bill concerning the Clerk of the Market, and Reformation of false Weights and Measures.
vice lecta est Billa, An Act for the better
ordering and regulating of the Office of the Clerk
of the Market, allowed and confirmed by this Statute; and for the Reformation of false Weights and
These Lords were appointed to report the Conference:
Lords to report the Conference.
Lord Privy Seal,
Earl of Bristoll,
Bishop of Lincolne, and
The Lord Wharton.
The House was adjourned during Pleasure; and the
Lords went to the Conference; which being ended, the
Lord Privy Seal reported the Conference, to this Effect.
Charge against Six Judges.
"That the House of Commons had brought Six several Charges against Six particular Judges; videlicet,
the Lord Chief Justice of the King's Bench, the Lord
Chief Baron of the Exchequer, Baron Trevor, Justice
Berkley, Justice Crawley, and Baron Weston; one
whereof was an Impeachment of High Treason; the
rest of the Charges were for divers Crimes and Misdemeanors, as were largely set forth by the Gentlemen of the House of Commons that brought up the
Charges." And then his Lordship delivered in the
Charges to the Clerk, signifying to their Lordships,
That the House of Commons desired that the said
Judges may be put to their Answers, and be proceeded
against according to Justice and the Merits of their
Mr. Hollis's Speech.
Then the Lord Bishop of Lincolne reported what
Mr. Hollis concluded with, which was to this Purpose:
"That the Gentlemen having represented unto your
Lordships the sad Object of Justice perverted, Liberty
oppressed, of Judgement turned into Wormwood, the
Laws (which should be the Bars of our Gates, to
protect and keep us, and all that is ours, in Safety)
made weak and impotent, to betray us into the
Hands of Violence; instead of Props to support us,
become broken Reeds, to deceive us, and run into
our Sides when we lean upon them, even so many
Snares to entrap and entangle us; and all this by
the Perfidiousness of those who are entrusted with
our Laws, who call themselves the Guardians and the
Interpreters of the Law, but, by their accursed
Glosses, have expounded the Text, and made it
speak another Language, and another Sense, than
ever our Ancestors the Law-makers intended. Our
Ancestors made Laws to keep themselves, their Posterity after them, in the Possession of their Estates;
these Judges could make the Law itself rob us and
despoil us of our Estates. Were we invaded and
prosecuted at any Time for pretended Crimes, or
rather because we were free from Crime? and did
we put ourselves upon a legal Defence, and shelter
ourselves under the Buckler of the Law; use those
lawful Weapons which Justice and Truth and the common Right of the Subject did put into our Hands;
would this avail us? No, these Judges would make
the Law wrest our Weapons from us, disarm us, take
away all our Defence, expunge our Answers, even
bind us Hand and Foot, and so expose us naked, and
bound, to the Mercifulness of our Oppressions. Were
our Persons forced and imprisoned by an Act of
Power, would the Law relieve us, when we appealed
unto it? No, it would join Hands with Violence, and
add Bitterness to our Sorrow. These Judges would
not hear us when we did cry; no Importunity could
get a Habeas Corpus; nay, our Cries would displease
them, and they would beat us for crying, and overdo the unjust Judge in the Gospel, with whom yet
Importunity could prevail."
The Gentleman further said, "The Commons of
England finding themselves in this lamentable Condition by the Wickedness of these Judges, it is no
Wonder that they complain of them; it is no Wonder,
if the Knights, Citizens, and Burgesses assembled in
Parliament, have sent up some of their Members, to
stand upon Mount Ebal, to curse these Judges, to
denounce a Curse upon them who have removed our
Land-marks, have taken away the Bound-stones of
the Propriety of the Subject, have left no Moum and
Tuum; but he that had most Might, had most Right,
and the Law was sure to be of his Side. He said, it
hath been the Part of those Gentlemen who spoke
before him, to pray Justice upon those Men, who
would not do Justice to others. He was come upon
another Errand, and yet for Justice too, for there is
Justice upon Mount Gerizim as well as upon Mount
Ebal. He said, it is as great (fn. *) a Point of Justice to
give a Blessing, a Reward where it is due, as Punishment where Punishment is due; for Reward and Punishment, præmium et pæna, be the Two Legs that
Justice walks on; and Reward is her Right Leg, the
more noble and the more glorious Supporter of that
Sacred and Divine, that which God Himself, the
Fountain of Justice, doth more delight in.
"Tardior ad pænas Deus est, ad præmia velox.
"Punishment is good as Physick in the Consequence;
Reward as wholesome and nourishing Food in the
Essence; the one we do, because we must do it as
necessary; the other because we love to do it, as being pleasing and delightful.
"He doubted not but your Lordships will as willingly
join with the Commons in doing good to a good Judge,
as in punishing the bad.
"He said, We honour them, and reckon them
Martyrs for the Commonwealth, who suffer any
Thing by defending the Common Right of the Subject, when they will not part with their own Goods
contrary to Law, when indeed their private Interest
goes along with it, or rather before it, and the public Concernment seems to come but in a Second Place.
Such were those many, whom these Judges have oppressed; yet these Men we magnify, and judge
worthy of Praise and Reward.
"But what Honour then is he worthy of, who,
merely for the Public, hath suffered himself to be
divested and deprived of his Particular? Such a Judge
as would lose his Place, rather than do that which
his Conscience told him was prejudicial to the Commonwealth, is worthy of double Honour.
"And this did that worthy Reverend Judge the
Chief Justice of England at that Time, Sir Randolph
Crewe; because he would not, by subscribing, countenance the Loan in the First Year of the King, contrary to his Oath and Conscience, he drew upon himself the Displeasure of some great Persons about His
Majesty, who put on that Project, which was afterwards condemned by the Petition of Right, in the
Parliament of Tertio, as unjust and unlawful; and by
that Means he lost his Place of Chief Justice of the
King's Bench, and hath these Fourteen Years, by
keeping his Innocency, lost the Profit of that Office,
which, upon a just Calculation, in so long a Revolution of Time, amounts (fn. *) to Six and Twenty Thousand
Pounds, or thereabouts.
"He said, The House of Commons are therefore
Suitors unto your Lordships, to join with them in the
Representation of this good Man's Case unto His Majesty; and humbly to beseech His Majesty to be so
good and gracious unto him, as to give him such Honour (the Quality of his Case considered) as may be
a noble Mark of Sovereign Grace and Favour, to
remain to him and his Posterity, and may be in some
Measure a proportionable Compensation for the great
Loss he hath with so much Patience and Resolution
Lord Mayor and Aldermen versus The Commonalty of London, concerning the Election of Officers.
Upon the Reading the Petition of the Six Persons
chosen by the Commonalty of the City of London, it is
Ordered, That the said Persons shall and may, by virtue
of this Order, take, or cause to be taken, Copies out of
all such Records as they do or shall think are material
to the Cause now in Question, according to a former
Order of this House; and these Copies so taken as
aforesaid, to be done while the Clerks in whose Custody
they are, be present in the Room.
Smart versus Sir Wm. Middleton.
Upon reading the Petition of Peter Smart, Clerk, it
is Ordered, That Sir William Middleton and his Man,
mentioned in the said Petition, are to attend their Lordships upon Wednesday the Seventh of this Instant July,
by Nine a Clock in the Morning, and to bring the Bond
also mentioned in the said Petition with them.
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in diem
Mercurii, videlicet, 7m diem instantis Julii, hora nona,
Dominis sic decernentibus.