House of Lords Journal Volume 12: 12 December 1667

DIE Jovis, 12 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of York, Leave to give Information in the House of Commons.

The Earl of Petriburgh said, "He was commanded by his Royal Highness to acquaint their Lordships, That he had received a Desire from the House of Commons, that he would be pleased to inform them what he knew concerning the late Business at Sheerness; which his Highness, out of Respect to this House, did think fit to give them the Knowledge of, with a Desire to have the same Liberty as the Duke of Cumberland had in the like Case."

And this House left it wholly to his Royal Highness, to do therein as he shall think fit. And their Lordships, being very sensible of this great Respect, appointed the Earl of Petriburgh to return his Royal Highness the hearty Thanks of this House for his said Respects.

Report concerning Acts near expiring.

The Duke of Richmond reported, "That the Committee appointed to consider of what Acts are near expiring, and what are fit to be continued, have received a List from Mr. Attorney General of what Acts were near expiring: and the Opinion of the Committee is, That a short Bill be prepared, that such Acts as are near expiring may be continued to the End of the First Session of the next Parliament. But the Lords Committees having no Order for their offering any Bill for that Purpose, do desire the Direction of the House therein."

The House gave no Directions herein; holding it requisite that the Matter of those Acts should be first considered.

Palmes' Bill.

Hodie 2^a vice lecta est Billa, "An Act for exchanging certain Manors and Lands of William Palmes Esquire, for other Lands settled upon him and his Issue by Mary his Wife."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Their Lordships, or any Five; are to meet Tomorrow in the Afternoon, at Three of the Clock, in the Prince's Lodgings; and to hear all Parties therein concerned.

C. J. K. B. may answer a Complaint against him in H. C.

The House being informed, "That the Lord Chief Justice of the King's Bench, an Assistant to this House, is ordered to appear before the House of Commons, to answer some Complaints against him, which he thinks fit to acquaint their Lordships with:"

The House leaves it to him to do therein as he thinks fit.

Killigrew, King's Servant, Privilege, sued to an Outlawry:

Upon reading the humble Petition of Thomas Killegrewe, One of the Grooms of His Majesty's Bed-chamber; shewing, "That one John Jackson, and Thomas Childe his Attorney, have this last Term prosecuted him to an Outlawry, sitting the Parliament, contrary to the Privilege of Parliament:"

Jackson and Child sent for.

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Jackson and Thomas Childe be, and are hereby, required to appear at the Bar of this House To-morrow, at Ten of the Clock in the Morning, to answer their said Offences: And hereof they may not fail.

Sir W. Juxon's Bill.

Hodie 3^a vice lecta est Billa, "An Act for enabling Sir William Juxon Knight and Baronet, Executor of the last Will and Testament of William Juxon late Archbishop of Canterbury; to receive Part of his Estate."

And the Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Bill for banishing the E. of Clarendon.

Hodie 3^a vice lecta est Billa, "An Act for banishing and disenabling the Earl of Clarendon."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Protests against it.

"I, whose Name is underwritten, do, according to the ancient Right and Usage of all the Peers of the Realm assembled in Parliament, after due Leave demanded from the House in the usual Manner and Form, as the Journal Book doth shew, enter and record my Protestation and Dissent, as followeth; and for these Reasons:

"1. That, without having ever been in Prison, or Imprisonment appointed, or any legal Charge brought, it seems unjust to punish the Earl of Clarendon for only withdrawing himself, it not being at all certain to the House that he is gone out of the Kingdom; and if it were known to the Lords that he were fled beyond the Seas, though the Fault would be very great in a Person who hath lately been in such Trust, yet perpetual Exile, and being for ever disabled from bearing any Office, and the other Penalties in the Bill, seems too severe a Censure.

"2dly, That it may perhaps give some Occasion for the Scandal to have it believed, that the House of Commons, and others, by standing so long upon Pretence of a Privilege to require Commitment before special Matter of Treason assigned, were in Doubt that no Proof of Treason could be made out against the Party accused; and that they had therefore designed through Terror to make him fly, and fear left he should yet return to be tried, in case they should bring in special Matter of Treason, as they ought to do whensoever they accuse.

"3. That, by this Bill, Power being taken from the King to pardon, it appeareth to be a great Intrenchment upon His Majesty's Royal Prerogative.

"4. That there can be no such Case as hath been pretended, ever to cause a Necessity in the House of Commons, not to acquaint the Lords with the Particulars, openly made known to them; by which they were first satisfied to find Ground to accuse.

"5. That the House of Commons, so far judging any Article to be Treason, as to insist upon Commitment, without imparting the Particulars to the Lords, do seem therein to usurp that First Part of Judicature from the Lords who are the Highest Court of Justice in the Kingdom.

"6. That to require such Commitment seems to be contrary to the Petition of Right, and Magna Charta,, and the Rights not only of the Peers and great Persons of this Kingdom, but the Birthright even of the meanest Subjects: And therefore those Proceedings not having been according to Law, and the ancient Rules of Parliament, hath given Opportunity for the Earl of Clarendon to absent himself.

"7. That Commitment upon a general Impeachment hath been heretofore, and may be again, of most evil and dangerous Consequence; and, as is conceived, the Lords have yet no Way for them so well to justify their fair and upright Proceedings in the Earl of Clarendon's Business, and the true Regard they have had therein to the King and the Kingdom, as to decline this Bill of Banishment, and to expect a particular Accusation of the said Earl, and thereupon, according to Law and Justice, to appoint him a Day for Appearance; which if he observe not, without further Process, Sentence might lawfully be pronounced against him.

"Strafforde."

"We having this Day given our Negatives to the passing of a Bill, intituled, "A Bill for the banishing and disenabling the Earl of Clarendon;" and having asked Leave of the House to enter our Dissents, to the End that it may appear to Posterity that we did not give our Consents to that Bill; we do now take Liberty to enter our Dissents, by subscribing our Names:

"Berkeley of Berkeley.
T. Culpeper.
Ro. Lexington.
Holles."

Message to H. C. with the E. of Clarendon's, and Sir W. Juxon's Bills.

A Message was sent to the House of Commons, by Sir William Childe and Sir Justinian Lewyn;

To deliver Two Bills, and desire their Concurrence thereunto:

1. The Bill for banishing and disenabling the Earl of Clarendon.

2. The Bill for enabling Sir William Juxon Knight and Baronet, Executor of the last Will and Testament of William Juxon late Archbishop of Canterbury, to receive Part of his Estate.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 13^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.