DIE Martis, videlicet, 7 die Decembris.
Earl of Denbigh's Privilege.
Delinquents sent for.
Complaint being made this Day, "That Thomas
Townsende, a menial Servant of the Earl of Denbigh,
and one specially employed in his Affairs, is arrested,
contrary to the Privilege of Parliament, upon an Execution:" Hereupon it is Ordered, That a Habeas
Corpus cum Causa, returnable immediate, shall be directed
to the Sheriffs of London, to bring the Body of the said
Thomas Townsende before the Lords in Parliament; and
that Peter Bultiel, at whose Suit he was arrested, and
also Hugh Osborne, who arrested him, shall be sent for,
to answer the said Contempt and Breach of the Privileges
Smith versus Busby, in Error.
Forasmuch as the Cause between Smith and Busby,
upon a Writ of Error, decidable in no other Court but
in Parliament, in regard the Suit was commenced by
Original Writ, and depending long before the Lords
here, it having been sundry Days attended for Argument with Counsel; and being it is a Matter in Law,
the Presence of the Judges is thought needful, and so
cannot be heard in the Term, without Prejudice to the
several Courts of Westm. Hall: It is therefore Ordered
by this House, That the said Case shall be argued at
this Bar on Thursday Sevennight next, being the 16th
of this Instant December; and the Judges are desired to
be present at the said Arguments; and further, that the
Parties of either Side, or their Counsel, are to attend,
and come prepared for arguing and debating of the
Points in the said Case, at their Perils.
Commission for the English Commissioners to treat with the Scots Commissioners about Ireland.
Next the Commission was read, to give Power to the
English Commissioners of both Houses, to treat with the
Scotts Commissioners touching the Affairs of Ireland:
"Charles, by the Grace of God, &c. To Our
Right Trusty and Right Well-beloved Cousin William
Earl of Bedford, and to Our Right Trusty and Right
Well-beloved Cousin and Counsellor Robert Earl of
Leycester, Lieutenant General and Governor General
of Our Realm of Ireland; as also to Our Trusty and
Right Well-beloved Edward Lord Howard of Estcrik;
and likewise to Our Trusty and Well-beloved Nathaniell Fines, Esquire, Sir William Armyn, Baronet, Sir
Phillip Stapleton, Knight, John Hampden, Esquire;
Greeting: Know ye, That We, reposing assured Trust
and Confidence in your approved Wisdoms, Fidelities,
and great Abilities, have nominated, constituted, and
appointed you to be Our Commissioners, and by these
Presents do give full Power and Authority unto you,
or any Three or more of you (whereof you the said
Earl of Bedford, Earl of Leycester, or Lord Howard,
to be One), to treat and consult with Our Right Trusty
and Right Well-beloved Cousins, William Earl of Lothian, and John Earl of Lyndsey, Our Commissioners
of Our Scottish Nation, of and concerning Our Irish
Affairs, for the quieting and suppressing of all Tumults, Insurrections, and Rebellions, moved and raised
in Our Realm of Ireland, and settling of Peace and
Tranquillity therein, according to such Instructions
and Directions as you shall hereafter from Time to
Time receive from Us in that Behalf: Wherefore
We will, require, and command you, or any Three
or more of you (whereof the said Earl of Bedford,
Earl of Leycester, (fn. *) or Lord Howard to be One),
forthwith, with all Diligence, to attend the Execution of this Our Commission accordingly; and whatsoever you shall do in this Behalf, according to the
Tenor thereof, this Our Commission shall be your
sufficient Warrant and Discharge for the same. In
Witness, &c. Witness Ourself at Westminster, the
7th Day of December, in the 17th Year of Our Reign,
Ordered, That this House approves of this Commission.
Lord Mountnorris's Cause.
Next, was read a Letter, dated the 29th of November last, sent from the Council of Ireland, directed to
the Lord Keeper, touching the Lord Mountnorris's Business.
The Report concerning the Thirteen Bishops impeached.
The Archbishop of Yorke reported the Conference,
which was Yesterday with the House of Commons, concerning the Thirteen Bishops that are impeached.
His Grace reported, "That Mr. Glyn said, That the
Knights, Citizens, and Burgesses of the House of
Commons, having lately received a Message from their
Lordships, that their Lordships had appointed this
Day to hear the Plea and Demurrer of the Bishops,
and that such of the House of Commons might be
there as they thought fitting, commanded him to deliver unto their Lordships these Particulars:
"That the Canons and Constitutions in Question were
voted by both Houses, to contain Matters contrary to
the King's Prerogative, the Laws of the Land, the
Right of Parliament, the Propriety and Liberty of
the Subject, and many Matters tending to Sedition,
and of dangerous Consequence:
"That thereupon the House of Commons, to the
Intent to bring this Matter to Judgement, brought
up their Impeachment of the Thirteen Bishops 4
Augusti last, which was read verbatim.
"This was all that was acted 4 Augusti.
"But, lest this Impeachment might prove too general, they brought up a Second Charge, or Impeachment, 13 Augusti; which was read, in hæc verba: videlicet,
A Second Impeachment against the Thirteen Bishops.
"Whereas the Knights, Citizens, and Burgesses of
the Commons House of Parliament, have lately impeached the several Bishops hereafter named, that is
to say, Walter Bishop of Winton, Robert Bishop of Coventry and Litchfeild, Godfrey Bishop of Gloucester, Joseph Bishop of Exon, John Bishop of Asaph, William
Bishop of Bath and Welles, Matthew Bishop of Ely,
George Bishop of Hereford, William Bishop of Bangor,
Robert Bishop of Bristoll, John Bishop of Rochester,
John Bishop of Peterborough, Morgan Bishop of Landaph, before your Lordships, in this Parliament, of
several Crimes and Misdemeanors, in contriving, making, promulging, and executing, several Constitutions
and Canons Ecclesiastical, and by granting a Benevolence or Contribution to His Majesty, contrary to
Law: Now the said Commons do further declare to
your Lordships, That the said Canons, Constitutions,
and Grant of Benevolence, contained in Two several
Books; the One intituled, The Constitutions and Canons Ecclesiastical, treated upon by the Archbishops of
Canterbury and Yorke, Presidents of the Convocations
for the respective Provinces of Cant. and Yorke, and
the rest of the Bishops and Clergy of those Provinces, and
agreed upon, with the King's Majesty's Licence, in their
several Synods, begun at London and Yorke 1640, and
in the Year of the Reign of our Sovereign Lord Charles,
by the Grace of God, of England, Scotland, France,
and Ireland, the 16th; and the other intituled,
A Grant of the Benevolence, or Contribution, to His most
Excellent Majesty, by the Clergy of the Province of Cant.
in the Convocation, or Sacred Synod, holden at London,
Anno Domini 1640.
"Which Things I am commanded by the House of
Commons to deliver to your Lordships; and further
to declare to your Lordships, that all and every the
said Canons and Constitutions, and Grant of Benevolence, and the contriving, making, publishing, and
executing of the same, and every of them, were and
are contrary to the King's Prerogative, the fundamental Laws and Statutes of the Realm, the Rights
of Parliament, the Propriety and Liberty of the Subject, and tending to Sedition, and of a dangerous
Consequence, and were so contrived, made, promulged, and executed, to the great Oppression of the
Clergy of this Realm and other His Majesty's Subjects, and in Contempt of His Majesty, and of the
Laws; and do pray, as they did before, that the said
Bishops may be forthwith put to their Answers, in the
Presence of the Commons; and that such further
Proceeding may be had therein, as to Law and Justice
"By the bringing of this Second Impeachment, the
House of Commons conceive they had satisfied Two
"1. That the Book of Constitutions was not particularly instanced upon in the First, which now they punctually deliver, with the Impeachment.
"2. That they had not before charged any Thing
in particular, but now they did; that all and every
the said Canons and Constitutions, and Grants of Benevolence, etc. were and are contrary to the King's
Prerogative, the fundamental Laws of this Kingdom,
to the Rights of Parliament, the Propriety and Liberty of the Subjects, and tending to Sedition, and
Matters of dangerous Consequence.
"And thereupon they desired the Thirteen Bishops
might be put to their Answers; and yet, for all this
Desire of the Commons 13 Augusti, they had several
Times, which spent almost a Quarter of a Year, given
them to answer in.
"Their last and peremptory Day was the 10th of
November last; and then they put in no Answer at all,
but a certain Writing, which they are pleased to call
a Plea and Demurrer.
"Upon Notice hereof, the House of Commons returned an Answer, That whereas they had impeached
Thirteen Bishops, whereof One of them had pleaded
not guilty, and the rest had neither confessed nor denied the Impeachment, they desired a prefixed Day
to descend to Proofs, and to make good the Charge.
"Soon after, they received a Message from their
Lordships, that their Lordships had appointed this
Day to hear the Demurrer argued.
"Hence it appears that, notwithstanding divers Days
are given the Bishops to answer, nothing is brought
in but a Plea and Demurrer, which was not to be admitted, for Two several Reasons:
"1. No Defence ought to be made to an Impeachment brought in by the Commons, but in the Presence
of the Commons.
"And it ought to be so in all Courts of Justice, in
all Manner of Pleadings, Answering and Replying;
else Abundance of Mistakes would happen of all Sides,
which the Presence of the Parties might prevent.
"As for Example, in this Particular, had the House
of Commons been present, there had not happened so
many Jeofails and Mistakes.
"And, because Demurrers arise ordinarily from the
Uncertainty of the Charge, the Second Impeachment
was of Purpose brought in, to avoid Incertainties, because the Particulars omitted in the First were supplied
in the Second.
"The Book was appended to the Second, but not to
the First Impeachment; but the Second was not entered as it was delivered, and so this Cause of so much
Consequence hath been delayed.
"2. Because (posito sed non concesso), put the Case
the Commons ought not to be called upon, and to be
present at other Defences, yet ought they to be in all
Defences made in this Case; because they had, conceptis verbis, in precise Words, desired it, which they
did because this is a fecit aut non fecit, a mere Matter
of Fact; and the Bishops ought to have clearly answered such a Matter of Fact, that the House of Commons might presently have descended to their Proofs,
according to the old Law, Est, non est, de omni re verum est.
"That the House of Commons had commanded the
Gentleman to put their Lordships in Mind, that long
Time given in Causes of this Nature produces great
Inconveniencies; and that this Kind of Proceedings
is not precedented in former Parliaments; for this
Course would keep all Causes from being heard, and
Delinquents from being questioned.
"Super totam materiam, he demanded, in the Name of
the House of Commons, One of these Three Things
to be granted:
"1. That the Demurrer might be rejected.
"2. That their Lordships would proceed to Judgement.
"3. Or at least that the House of Commons might be
admitted to make their Proofs, without further
This being done, the Counsel for the Bishops were
called in, and heard the Second Impeachment of the 13th
of August last read; and then the Counsel desired some
short Day to consider what Answer the Bishops should
Day given the Bishops to answer.
Hereupon it is Ordered, That the Thirteen Bishops
impeached shall put in their Answers to the aforesaid
Impeachment on Saturday next, or resolve whether they
will abide their Plea and Demurrer.
Message from the Queen, concerning Phillips the Priest.
The Earl of Dorset signified to this House from the
Queen, "That Her Majesty, understanding that Robert
Phillips is restrained from coming to the Court, and
She having Occasion to use him concerning Her Conscience, conceives that the Parliament will think it fit
he should attend Her, rather than that She should go
unto him; which if the Parliament will give Way that
he may come to Her, She will take very kindly."
This House, taking this into Consideration, conceives it fit, That Robert Phillips should wait upon the
Then a Message was sent to the House of Commons,
by Sir Robert Rich and Doctor Bennet:
Message to the H. C. for a Conference concerning the Queen's Message about Phillips; and pressing Men for Ireland.
To desire a present Conference (if it may stand with
the Conveniency of their House), by a Committee of
both Houses, touching a Message received from the
Queen, about Robert Phillips the Priest; and also touching the Bill concerning the pressing of Soldiers for
The Matter of the Conference was to be:
Subject of the Conference.
"To let the House of Commons know, That the
Queen, understanding that Robert Phillips is restrained
from coming to the Court, and She having Occasion
to use him concerning Her Conscience, conceives that
the House will think it fit he should attend Her, rather than that She should go unto him: The Lords
are of that Opinion; but, in regard the House of Commons did desire he should not come to the Court,
therefore the Lords do acquaint them therewithall."
The Second Part of the Conference was, To acquaint
the House of Commons with the Amendments and Alterations in the Bill for Pressing.
Day given the King's Counsel about it.
Ordered, That Mr. Attorney General and the
King's Counsel do provide themselves to argue the Clause
in the Bill for pressing of Soldiers; and, for their better
preparing for this Business, they are to be excused from
attending this House in the mean Time.
Ld. Mountnorris's Cause.
Ordered, That the Lord Mountnorris's Cause shall
be heard this Day Sevennight; and that Copies shall be
given unto him of the Letters that lately came from Ireland, concerning his Business.
The Messengers return with this Answer from the
House of Commons:
Answer from the H. C.
That they will give a present Meeting, in the Painted
Chamber, as is desired.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended,
the House was resumed.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii,
videlicet, 8m diem instantis Decembris, hora 1a post
meridiem, Dominis sic decernentibus.