Journal of the House of Lords: Volume 12, 1666-1675. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, 12 die Novembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Report concerning Peers answering upon Oath or Honour.
The Duke of Richmond reported, "That the Committee for Privileges have considered of the Business referred to them upon the Motion of the Lord Holles, whether the Peers have deposed in Inferior Courts as Witnesses upon Oath; and their Lordships find Precedents where Peers have deposed upon Oath; and they also find other Precedents where they have deposed only upon Honour.
"And the Committee finding the Business touching the Lord Holles too weighty for them to decide, they humbly leave it to the Determination of this House." His Grace further reported, "That the Party concerned being called before the Committee, and asked what he should be damnified in case the Business be not speedily decided, answered he should lose the Benefit of this Term."
Report concerning Lords giving Information in H. C.
His Grace also reported, "The Committee for Privileges have considered of the Case referred unto them from this House, concerning the Earl of Anglesey's giving his Knowledge to some Particulars desired by the House of Commons. And their Lordships, upon reading of the Precedent of the Duke of Bucks, the 4th of March, 1625, find that his Grace was left to do what his Grace thought fit. And their Lordships are of Opinion, that the Earl of Anglesey be likewise left to do what his Lordship shall think fit herein."
This House hereupon ORDERED, That the Earl of Anglesey, in this Case, hath Leave to do herein as he thinks fit.
Precedents of Peers answering upon Oath and Honour.
Then the House considered of the aforesaid Report concerning the Lord Holles, and perused these Precedents following:
"The Precedent of 3° E. VI. in the Proceedings against Bishop Gardiner in the Court of Delegates, where the Lord Rich, the Earl of North'ton, and Earl of Warwicke, and Earl of Bedford, were examined only upon Honour.
"Also a Precedent of the Case in Chancery between Geffery and Gefferies, 22 Eliz. and in the Case of Dawtrie and Blighton, where the Lord Buckhurst delivered his Testimony only upon Honour.
"Also in the Examination of Witnesses of Peers in the Case of Alice Peers, A° 1 R. II. was upon Oath.
"Likewise a Determination made by the House of Peers 31 of December, 1640, wherein it is declared that Peers were to answer and depose upon their Honour."
Message from H. C. with an Impeachment against the E. of Clarendon, and defining he may be committed.
A Message was brought from the House of Commons, by Mr. Seymour and others, as follows:
"The Commons assembled in Parliament having received Information of divers traiterous Practices and Designs of a great Peer of this House, Edward Earl of Clarendon, have commanded me to accuse the said Earl of Clarendon of Treason and other High Crimes and Misdemeanors: And I do here, in their Names, and in the Name of all the Commons of England, accuse Edward Earl of Clarendon of Treason and other High Crimes and Misdemeanors.
"I am further commanded by the House of Commons, to desire your Lordships that the Earl of Clarendon may be sequestered from Parliament, and forthwith committed to safe Custody.
"They have further commanded me to acquaint your Lordships, that they will within a convenient Time exhibit to your Lordships the Articles of the Charge against him."
The Answer returned to the Messengers from the House of Commons was:
That their Lordships will take this Business into present Consideration, and will send an Answer by Messengers of their own.
Then the Lords entered into Consideration of the aforesaid Accusation; and, for the better Debate thereof, the House was adjourned into a Committee during Pleasure.
The House being resumed;
Order for Records of Impeachments,
The Lord Privy Seal reported, "That the Committee are of Opinion, That the Keeper of the Records in The Tower of London be ordered to bring the Roll of the 28 of H. VI. wherein is William de la Poole's Case, To-morrow Morning at Ten of the Clock; and that the Journal Book of 3° Caroli be brought at the same Time, that so this House may proceed in further Consideration of this Business."
All which this House ordered accordingly.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 13um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.