DIE Lunæ, 13 die Novembris.
Lord Grey de Warke, Speaker.
L. Viscount Say & Seale.
Sir John Conyers's Petition for a Renewal of his Leave.
Upon reading the Petition of Sir John Conyers Knight,
Lieutenant of The Tower of London; shewing, "That
whereas he hath Leave given him, by the Parliament, to be absent from his Place for Three Months
from the Time of his Departure out of the Kingdom, which Time is near expired; and in regard
of his urgent Occasions in Holland and Zeland
where now he is, which cannot be dispatched so
soon but to his great Prejudice, he desires that he
may have further Leave to be absent from his said
Place until the last Day of February next."
Ordered, That this House approves of the Desire
of this Petition; and, because it is directed to both
Houses of Parliament, this House thinks it fit to be
sent down to the House of Commons, to let them know,
this House consents to give him further Leave, as is
desired; and desire their Concurrence therein.
Sent to the H. C.
And a Message presently was sent to the House of
Commons, by Serjeant Whitfeild and Serjeant Fynch,
for this Purpose.
Spratt to be brought to the House.
Ordered, That Steven Spratt shall be brought to
this House To-morrow Morning, to see whether he will
own a Paper.
Dr. Newcomen to be instituted to a Living in the Diocese of Winton, on the Presentation of the E. of Salisbury.
Upon Information to this House, "That the Earl of
Sarum hath presented a Chaplain of his to a Benefice in
his Gift, being in the Diocese of the Bishop of Winton;
but, by reason that the said Bishop is at Oxford, and
had reserved in his Patent to his Chancellor the Approbation of all Clerks to be admitted to any Ecclesiastical Benefice to himself:" It is Ordered, Mr.
Dr. Ayliff, his Chancellor Substitute, is hereby enjoined
and appointed to admit and institute Thomas Newcomen,
the said Earl's Chaplain, to the Parsonage of
in the Diocese of Winton; and that the Bishop's Register, and other Officers, shall attend the said Dr.
Ayliff for the said Business.
Baron Trevor's Recognizance vacated.
Ordered, That the Recognizance entered into by
Mr. Baron Trevor, and his Sureties to this House for his
appearing before this House when Judgement shall be
given against him upon the Impeachment from the House
of Commons, shall be hereby vacated; he having fulfilled and performed the Condition of the said Recognizance.
Archbishop of Canterbury at the Bar.
This Day Wm. Laude, Archbishop of Canterbury,
according to the Order of this House, was brought to
this Bar, by the Gentlemen Usher and the Lieutenant
of The Tower; and kneeling until the Speaker bid him
stand up, the Speaker told him, "That this Day was
appointed for him to put in his Answer to the Impeachment of the House of Commons against him of
High Treason, and High Crimes and Misdemeanors;
and this House would know whether he hath brought
Then he delivered in Writing this Answer following, subscribed with his own Hand; which was commanded to be read, as followeth:
"The humble Answer of Wm. Archbishop of
Canterbury to the further Articles of Impeachment of High Treason, and divers High
Crimes and Misdemeanors, exhibited against
him by the Honourable House of Commons,
according to Direction of an Order of this
Honourable House of the 23th of October
His Answer to the further Articles of Impeachment of the H. C.
"All Advantages of Exception to the said Articles
of Impeachment to this Defendant saved and reserved; this Defendant humbly saith, That he is
Not Guilty of all or any the Matters by the said
Impeachment charged, in such Manner and Form as
the same are by the said Articles of Impeachment
This being read, he desired Leave to speak a few
Words; which (fn. *) the House granted.
Desires his Counsel may be directed in what Points they may advise him.
Then he confessed, "This Impeachment against him
was a heavy Charge, and unable for him to bear it,
both in regard of the Matter, the Persons from whom
it comes, and also of himself, in respect of his great
Age, being Seventy-one Years of Age; and though
it hath pleased their Lordships to assign him Counsel, yet the Decay of his Memory is so great, and
his Time of his Imprisonment hath been so long,
being Three Years wanting Two Months, Part of
which Time he was close Prisoner, and so deprived
of speaking with such Friends as might have been of
Use to him, that he hath not been able to give a
particular Answer to the several Parts of his Charge,
as the Cause would require: Besides, the Articles of
this Charge are so mixed with Matters of Treason,
and Crimes and Misdemeanors, that his Counsel says,
they cannot with Safety to themselves advise him
for his Defence: Therefore he humbly desired their
Lordships would be pleased to think of some Course,
and give such further Directions, that the Matters
of Treason, and the Matters of Crime and Misdemeanor, may be distinguished, that so the Benefit of
his Counsel may be continued unto him, according
to their Lordships Intentions."
His Counsel heard concerning their Doubts.
Hereupon their Lordships Resolved, To hear the
Counsel offer their Doubts, that so they might the
better judge of the Business.
And the Counsel being called in, they expressed
their Readiness to obey their Lordships Commands,
in giving their best Assistance to the Archbishop of
Canterbury in his Defence, in what it was fit for them
to advise;" but declared "That the Matters of High
Treason and High Crimes and Misdemeanors are so
interwoven through the whole Body of the Charge,
that they cannot without Danger to themselves advise him therein, unless their Lordships please to
give them further Directions, and separate and distinguish the Matters of High Treason from Crimes
and Misdemeanors; for those Things may be adjudged to be High Treason by a Parliament (it being
the Supreme Court of Judicature of this Kingdom)
as cannot be judged by Counsel to be so; and by
this Means Counsel may incur the Danger of being
of Counsel in Matters of Treason; besides the Disappointment of (fn. †) the Party impeached, in that Part
of his Defence which he relies upon Counsel for:
And lastly, the Close of this Charge runs thus, "For
which Matters and Things, the Commons of England do impeach the said Archbishop of Canter. of
High Treason, and other Crimes and Misdemeanors;"
which they conceive hath Reference to the whole
Body of the Charge. Therefore, without further
Directions herein, for Distinction between Matters of
High Treason and Crimes and Misdemeanors, they
know not how with Safety to advise the said Archbishop further for making his Defence."
The Counsel withdrew.
Counsel to prepare to advise him on the whole Charge.
And the House took these Things into serious Consideration; and, because this House knew not whether
the House of Commons would proceed against the said
Archbishop for High Treason or for High Crimes and
Misdemeanors, thought it fit to let the Counsel be commanded to provide to give the Archbishop Counsel, in
Point of Law, for all the Articles; and, when this
Cause comes to be prosecuted by the House of Commons, as there shall be Need, this House will give
further Directions in due Time, concerning their giving
of Counsel in Matters of Fact.
The Counsel were called in, and told as abovesaid.
Archbishop of Canterbury remanded to The Tower.
Ordered, That the Archbishop of Canterbury shall
be returned to The Tower, there to remain until the
Pleasure of this House be further known.
Sir John Conyers's Lease renewed.
The Messengers sent to the House of Commons return with this Answer:
That they have taken the Petition of Sir John Conyers into Consideration, and agree that he shall have
Leave to stay in The Low Countries till the last of
Message from the H. C. for the Committee of Safety to fit Three Days in the Week, and the Houses not to sit on those Days;
A Message was brought from the House of Commons, by Walter Longe, Esquire:
1. To let their Lordships know, that the House of
Commons have Ordered, That their Committees shall
sit, about the important Affairs of the Kingdom, on
Tuesdays, Thursdays, and Fridays, on which Days they
have Resolved not to sit as a House; which they thought
fit to acquaint their Lordships with: And to desire that
those Three Days the Committee for the Safety of the
Kingdom may meet at Nine of the Clock in the Mornings.
and with Two Orders.
2. To desire Concurrence in Two Orders:
1. For preserving of Records and Evidences from
2. An Ordinance for raising of Money, by Way of
Imposition upon Merchandizes, for maintaining
the Garrison at Plymouth.
Ordered, That the Judges and the King's Serjeants shall peruse this Ordinance concerning Records
against Wednesday next.
The Answer returned was:
That their Lordships do agree to the Adjournment
of the Houses, as is desired; and concerning the rest
of this Message, their Lordships will send an Answer
by Messengers of their own.
Committee to consider of the Papers from the French Ambassador.
Ordered, That these Lords following, or any
Three, shall meet this Afternoon, at Three of the Clock,
and when afterwards they please; and consider the
Paper last sent from the French Ambassador, and report their Opinions thereof to this House on Wednesday next:
|L. Viscount Say & Seale.
Message from the H. C. with an Order.
A Message was brought from the House of Commons, by Mr. Nicolls, &c.
To desire their Lordships Concurrence, in an Order
concerning paying Monies out of the Excise.
(Here enter it.)
Read, and Agreed to.
The Answer returned was:
That this House agrees in this Order.
Order to reimburse the Commissioners of Excise to 3,000 l. advanced for the L. General's Army.
"Whereas the Commissioners of Excise and New
Impost, besides Eight Thousand Pounds formerly
lent, have undertaken to furnish Twenty-three Thousand Pounds, for Payment and Recruiting of the Lord
General's Army, according to an Order of both
Houses of Parliament of the 31th of October last;
and the Merchant Adventurers have formerly lent,
towards the Payment of the Navy, Thirty Thousand
Pounds, to be reimbursed, with Interest, at Three
Payments, out of the Excise, according to a former
Order of both Houses of Parliament, as by both
those Orders appeareth: It is this Day Ordered,
by the Lords and Commons assembled in Parliament,
for the Indemnity and Reimbursement of the said
Commissioners of Excise, That all Monies received
upon the Excise before the first Ten Thousand
Pounds grow due to the Merchant Adventurers, shall
accrue to satisfy the said Twenty-three Thousand
Pounds, together with Interest at Eight Pounds per
Centum, to the said Commissioners of Excise; and,
after the first Ten Thousand Pounds shall be paid
as aforesaid to the Merchant Adventurers, then the
Surplusage of all the Monies due for Excise shall
likewise (till the Second Payment to the Merchant
Adventurers be paid) accrue to the said Commissioners; and so for the Third Payment of the Merchant Adventurers, until the said Commissioners for
Excise be fully reimbursed the said Twenty-three
Thousand Pounds, with Interest as aforesaid: And it
is likewise Ordered, That the said Commissioners
shall have Power hereby to pay and satisfy themselves accordingly."
House adjourned till 10a, Wednesday next.