DIE Martis, videlicet, 15 die Martii.
PRAYERS.
Resolutions of the House in the Attorney General's Cause, with Protests against some of them.
The House took into Consideration the Business concerning Mr. Attorney General, what Judgement to give
upon the Impeachment brought up from the House of
Commons against him, for advising, contriving, and exhibiting Articles of Accusation, against the Lord Kymbolton, Denzell Holles, Esquire, Sir Arthur Haselrigg,
Baronet, John Pym, John Hampden, and William Strode,
Esquires; and, after a long and serious Debate, it was
put to the Question,
"Whether, upon the whole Matter, Mr. Attorney
General hath committed a Crime, for which he ought
to be sentenced by this House?"
And it was Resolved affirmatively.
2. The Second Question was:
"Whether Mr. Attorney General, for this Offence,
shall lose his Place of Attorneyship?"
And it was Resolved negatively.
These Lords following, before the putting of this
Question, desired Leave to enter their Dissents to this
Vote; which accordingly they did: videlicet,
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The L. Admiral.
L. Chamberlain.
Comes Leycester.
Comes Warwicke.
Comes Holland.
Comes Bollingbrooke.
Comes Stamford.
Ds. Hastings. |
Ds. Willoughby de Parham.
Ds. St. Johns.
Ds. Spencer.
Ds. Pagett.
Ds. Grey de Warke.
Ds. Robartes. |
The Third Question was: "Whether Mr. Attorney
General shall pay a Fine to the King, for this Offence?"
And it was Resolved negatively.
These Lords following dissented to this Vote: videlicet,
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The L. Admiral.
The L. Chamberlain.
Comes Leycester.
Comes Warwicke.
Comes Holland.
Comes Bollingbrooke.
Comes Stamford.
Ds. Hastings. |
Ds. Willoughby de Parham.
Ds. St. Johns.
Ds. Spencer.
Ds. Pagett.
Ds. Grey de Warke.
Ds. Robartes. |
The Fourth Question was: "Whether Mr. Attorney
General shall pay Damages for this Offence, to the
Parties that were accused?"
And it was Resolved negatively.
These Lords following dissented to this Vote: videlicet,
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The L. Admiral.
The L. Chamberlain.
Comes Leycester.
Comes Warwicke.
Comes Holland.
Comes Bollingbrooke.
Comes Stamford.
Ds. Hastings. |
Ds. Willoughby de Parham.
Ds. St. Johns.
Ds. Spencer.
Ds. Pagett.
Ds. Grey de Warke.
Ds. Robartes. |
The Fifth Question was: "Whether Mr. Attorney
shall be committed to The Tower for his Offence?"
And it was Resolved negatively.
These Lords following dissented to this Vote: videlicet.
Ds. Howard de Charlton.
Ds. Savill.
Ds. Seymour.
Bill for exempting Four Shires from the Marches of Wales.
Ordered, That the Bill for the exempting of the
Four Shires from the Jurisdiction of the Marches of Wales,
shall be proceeded in here at this Bar on Tuesday next,
being the 22d of this instant March; and hereof those
Persons that are concerned herein, or their Agents, are
to have Notice, to attend the said Hearing accordingly.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem
hujus instantis diei, hora 3a, Dominis sic decernentibus.
Post meridiem.
PRAYERS.
A Message was brought from the House of Commons,
by Sir Henry Vane, Junior; which consisted of Two
Parts:
Message from the H. C. about equipping the Summer's Fleet.
"1. That whereas both Houses have Resolved to
set forth a Fleet of Ships this Year, for the Guarding
of the Seas, which they hold to be a Thing of great
Consequence; the House of Commons have passed a
Vote, wherein they desire their Lordships Concurrence; videlicet, That the Lord Admiral shall be desired, that the Commander in Chief in this Summer's
Fleet under his Lordship may be the Earl of Warwicke."
E. Warwick to command under the Lord Admiral.
Ordered, That this House joins and agrees with
the House of Commons in this Vote; and that the Lord
Admiral is hereby desired, from both Houses of Parliament, that the Commander in Chief of this Summer's
Fleet under his Lordship, may be the Earl of Warwicke.
"2. That their Lordships would send them the Names
of such Persons as are to be nominated by the Lords
Lieutenants, to be Deputy Lieutenants of the several Counties of England and Dominion of Wales, according to the Ordinance of both Houses of Parliament for settling the Militia, that so they may be approved of by the Parliament."
Lords Lieutenants to name Deputy Lieutenants.
Ordered, That the Lords Lieutenants shall forthwith return the Names of such Persons as they think fit
to be nominated to be Deputy Lieutenants, unto the
Knights of the Shires that they are Lords Lieutenants
of, that so they may be presented to the House of
Commons, and receive Approbation.
The Answer returned by the Messengers was:
Answer to the H. C.
That this House hath agreed with the House of Commons in the Vote concerning the Earl of Warwicke;
and that the Lords Lieutenants are Ordered to return
the Names of Deputy Lieutenants to the Knights of
the several Shires forthwith.
Message from the H. C. for the Lords to concur in some Votes for drawing up Heads for a Declaration.
A Message was brought from the House of Commons,
by Mr. Nath. Fynes:
To acquaint their Lordships with some Votes made by
the House of Commons, wherein they desire their
Lordships Concurrence; which Votes are to be Heads
for a Declaration to be drawn up by the Committee.
The said Votes were read, in hæc verba: videlicet,
Vote for putting the Kingdom into a Posture of Defence.
"1. That the Kingdom hath of late and still
is, in so evident and imminent Danger, both from
Enemies abroad and a Popish and discontented Party at
Home, that there is an urgent and inevitable Necessity of putting His Majesty's Subjects into a Posture
of Defence, for the Safeguard both of His Majesty
and His People."
Resolved, upon the Question, That this House agrees
with the House of Commons in this Vote.
Protest against it.
These Lords following, before the putting of this
Question, desired Leave of the House to enter their
Dissents to this Vote; which accordingly was granted:
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Comes Bathon.
Comes South'ton.
Comes Cleveland. |
Comes Newport.
Ds. Dunsemore.
Ds. Capell. |
That the King refused His Assent to the modeling the Militia.
"2. That the Lords and Commons, fully apprehending this Danger, and being sensible of their own
Duty to provide a suitable Prevention, have, in several Petitions, addressed themselves to His Majesty,
for the Ordering and Disposing the Militia of the
Kingdom in such a Way as was agreed upon, by the
Wisdom of both Houses, to be most effectual and
proper for the present Exigencies of the Kingdom;
yet could not obtain it, but His Majesty did several
Times refuse to give His Royal Assent thereunto."
Ordered, That this House agrees with the House
of Commons in this Vote.
Judges not to be heard in Point of Law to the following Vote.
Next, the Question was put, Whether the Judges
should be heard in Point of Law to the Third Question?
And it was Resolved negatively.
3. The Third Question:
That the People are bound by the Ordinance for the Militia, though it has not received the Royal Assent.
"That, in this Case of extreme Danger, and of
His Majesty's Refusal, the Ordinance agreed on by
both Houses for the Militia doth oblige the People,
and ought to be obeyed, by the fundamental Laws
of this Kingdom?"
Resolved, upon the Question, That this House agrees
with the House of Commons in this Vote.
Protest against it.
These Lords following dissented to this Vote, having
demanded their Right of Protestation and Dissent before the Question was put, which accordingly the
House granted; and have done it, in hæc verba: videlicet,
"Whereas, before the putting of this Question, videlicet, ["That, in this Case of extreme Danger,
and of His Majesty's Refusal, the Ordinance agreed
on by both Houses for the Militia doth oblige the
People, and ought to be obeyed, by the fundamental
Laws of this Kingdom,"] there was a Question first
put ["Whether the Judges should be heard in Point
of Law, contained in this Question?"] which Question of hearing the Judges was carried negative:
We, whose Names are underwritten, do enter this
our Protestation and Dissent from that Question; videlicet, ["That, in this Case of extreme Danger,
and of His Majesty's Refusal, the Ordinance agreed
upon by both Houses for the Militia doth oblige the
People, and ought to be obeyed, by the fundamental
Laws of this Kingdom"]:
Comes Bathon.
Similiter Comes South'ton.
Similiter Comes Cleveland.
Similiter Ds. Dunsemore.
Similiter Ds. Lovelace.
Similiter Ds. Capell.
The Fourth Question:
Heads for a Declaration.
"Resolved, upon the Question, That these shall be
the Heads of a Declaration."
Resolved, upon the Question, That this House agrees
with the House of Commons in this Vote.
Lords dissenting to this Vote:
Comes South'ton.
Ds. Dunsemore.
The Fifth Question:
Deputy Lieutenants to execute the Commands of both Houses.
"Resolved, That such Persons as shall be nominated
Deputy Lieutenants, and approved of by both Houses,
shall receive the Commands of both Houses, to take
upon them and execute their Offices."
Resolved, upon the Question, That this House agrees
with the House of Commons in this Vote.
Protest against it.
Lords dissenting to this Vote:
Comes South'ton.
Ds. Dunsemore.
These Votes to be printed.
Ordered, That these Votes, together with the former Votes, concerning the Illegality of Commissions of
Lieutenancy, shall be presently printed and published;
and that the Committee formerly appointed to draw up
the Declaration to the Kingdom shall meet To-morrow
Morning, at Nine of the Clock, about this Declaration.
The Answer returned to the Messengers of the House
of Commons was:
Answer to the H. C.
That this House agrees with the House of Commons
in all the Votes now brought up, and have appointed
(fn. *) a Committee, to meet To-morrow Morning at Nine
of the Clock, in the Painted Chamber; and desire that
the Committee of the House of Commons may meet
likewise.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii,
videlicet, 16m diem instantis Martii, 1641, hora 1a post
meridiem, Dominis sic decernentibus.