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A38261	The proceedings in the House of Commons, touching the impeachment of Edward, late Earl of Clarendon, Lord High-Chancellour of England, Anno 1667 with the many debates and speeches in the House, the impeachment exhibited against him, his petition in answer thereto : as also the several weighty arguments concerning the nature of treason, bribery, &c. by Serj. Maynard, Sir Ed. S., Sir T.L., Mr. Vaughan, Sir Rob. Howard, Mr. Hambden [sic], and other members of that Parliament : together with the articles of high-treason exhibited against the said Earl, by the Earl of Bristol in the House of Lords on the 10th of July, 1663 : with the opinion of all the learned judges therein.	England and Wales. Parliament. House of Commons.; Clarendon, Edward Hyde, Earl of, 1609-1674.; Vaughan, John, Sir, 1603-1674.; Seymour, Edward, Sir, 1633-1708.; Littleton, Thomas, Sir, d. 1681.; Hampden, Richard, 1631-1695.; Maynard, John, Sir, 1602-1690.; Howard, Robert, Sir, 1626-1698.; England and Wales. Parliament. House of Lords.	1700 (1700)	Wing E2683; ESTC R3660	65,855	176

THE PROCEEDINGS IN THE HOUSE of COMMONS Touching the Impeachment of EDWARD Late EARL of CLARENDON Lord High-Chancellour of England Anno 1667. With the many Debates and Speeches in the House The Impeachment Exhibited against him His Petition in Answer thereto As also the several Weighty Arguments concerning the Nature of Treason Bribery c. By Serj. Maynard Sir Ed. S. Sir T. L. Mr. Vaughan Sir Rob. Howard Mr. Hambden and other Members of that Parliament TOGETHER With the Articles of High-Treason Exhibited against the said Earl by the Earl of Bristol in the House of Lords on the 10th of Iuly 1663. With the Opinion of all the Learned Judges therein The second Edition carefully Corrected Printed in the Year 1700. THE PREFACE TO THE READER I Think there needs not much be said to recommend the following Sheets to the Intelligent Reader It has been the Opinion of the Wisest Men that Letters Memoirs and Publick Speeches have ever been the Clearest and Most Exact Histories of Times and have given the truest Light into the Spirit and Bent of a People especially where Liberty that Darling of the Vniverse that sweetest Cordial of Mankind bears Sway and where shall We find it so justly Claim'd so strenuously maintain'd as in our English Constitution a Constitution so exactly sitted for the Preserving that Inestimable Jewel that the Deepest Arts and Subtilties of the most Crafty Statesmen cou'd never yet Undermine or Ravish our Envied Freedom from us on the Contrary They have ever met their own Destruction when They have been so Rash as to make the Attempt and I dare boldly say that We our selves must give it away if ever We are not Masters of it for it cannot be forc'd from us If We reflect on the Hardships other Nations Groan Vnder and then consider the Plenty and Ease We sensibly Enjoy We must justly Honour the Memories of our Glorious Ancestors who have handed down so dear a Prize to us If we look backward we shall find there have been great Attempts both Open and Secret to break in upon or lessen our just Rights and Priviledges but there have ever been Persons of Generous Spirits and Unshaken Resolutions Who have nobly Oppos'd the bold Invaders being neither to be Aw'd nor Brow-beaten by any Higher Power nor Brib'd by the most Advantageous offers of Profit or Honour to betray so Glorious a Cause We have never yet found a Wicked Councellour or an Evil Minister that cou'd Escape the Justice of a House of Commons 'T is true in some former Reigns a Parliament was no very desirable Thing and seldom call'd but whenever they met they bravely Attack'd the Enemies of the Nation tho' never so Potent and brought down such as have thought themselves Secure and Out of Reach and I trust as we have not yet we never shall see Ill Men in such a Station We live now God be thanked in a time when we need not fear Encroachments on our Just Liberties and Properties are we not Blest with a King who hath no Design to Enslave or Burthen his People Have we not Ministers that Act with Uprightness and Integrity Are we not rul'd by a Monarch who makes the Interest of the Nation his own and regards Merit only in the Choice of his Ministers do we see any Court-Minion or haughty Favorite Advanc'd or any Man of worth pass Unregarded and Despis'd In short have we not a King who only thinks himself happy because he sees his People so And as the common Adage has it Regis ad exemplum Do we not see our Grandees following their Great Masters Steps Are not Envy and Ambition now Banish'd the Palace Gates What Courtiers do we now find breaking their Promises or giving only Words instead of just Performances Do they now covet Perferments to get vast Estates Are they not contented with their moderate Perquisites What Ministers can the most observing Eye find Guilty of Acting or Advising Ill Or who amongst them are afraid to stand the Test of the severest Scrutiny Such is the Happiness we now Enjoy such are the Blessings of our Present Administration But I have wander'd beyond my purpose my Zeal to so much Goodness has carry'd me wide of my Design which was to say something by way of Preface of the following Sheets which were Publish'd not to reflect on the Memory of any but at the desire of some very Iudicious Persons who thought it pitty a Collection so fill'd with Law and solid Sense shou'd be kept secret and I believe none who read it but will highly applaud the Publishing The World must own that the Learned Persons whose Speeches are contain'd in the following Pages have been famous for the depth of their Iudgment and profoundness of their Sense and many of them have been justly Esteem'd the most eminent Lawyers of their Time I shall only add that several of our greatest Men have highly valued it in Manuscript and I doubt not but all who read it will think it fit not only for a Lawyer 's but every English Gentleman's Study A COLLECTION Of Proceedings in the HOUSE of COMMONS About Impeaching the EARL of CLARENDON Late L d CHANCELLOR With the Debates and Speeches concerning that Matter October 26th 1667. Mr. Ed. Seym. Charged him viva voce with many great Crimes whereupon a Debate arose what Proceeding ought to be had upon it some moving to Impeach him in the Name of the Commons till Articles should be prepared others urg'd that Witnesses should be first examined to see how the Charge could be made good least failing it should reflect on the Honour of the House after long Debate a Committee was appointed to search Records for Parliamentary Proceedings in the like Cases and to make Report 30th The Report being made by Sir Tho. Litt. that various Proceedings were found in several Parliaments it occasioned a long Debate several Members speaking to the effect following Sir Tho. Litt. That in Cases Criminal they find Proceedings to have been sometimes by Articles sometimes by word of Mouth but in Capital Crimes no Proceedings appear till the Earl of Strafford's Case against whom the House carried up a general Impeachment the Reason whereof seems to be this Some Votes were made in the House at which the King takes Offence as if they would proceed upon common Fame whereupon they vindicate their Proceedings as done in a Parliamentary way and appoint a Committee to withdraw for about half an Hour to consider the Matter for a Conference with the Lords about the Charge and upon their Report a general Charge is carryed up to the Lords Bar the principal Charge then was for advising to bring over the Irish Army and the single Proof was Sir Henry Vane so the Impeachment went up for High-Treason tho' no Member would positively say he would make the Charge good So for the Bishop of Canterbury there was no Impeachment but a Charge in general And if you take not the same Course now but

Case then than if the Treason were general But the Lords still pressing that the Impeachment it self of the Earl of Strafford was Repeal'd in the Act about him Commons We Reply'd one part of the Act ought to be severed from the other and that which is without exception shall stand tho' the other be taken away For suppose a Man Prosecutes in a Court of Justice for what he apprehends to be his right and yet the Cause goes against him and he hath no effect of his Suit afterward the Party being an evil minded Man and thinking to reach his Ends Forgeth a Deed or Suborns Witnesses and then begins a Suit in some other Court and by those ways attains his Ends. Then a Bill comes before this Parliament to Reverse the Judgment reciting that such a Person hath been a Suborner of Witnesses c. so and so and therefore the Judgment is made void certainly tho' this Person is named to be an evil minded Person yet this lays no blemish on his first Proceedings So that it appears by the Act that the Proceedings against the Earl of Strafford were legal at first if those afterwards when the times became tumultuous were not it is not to be applyed to what was well done and legal Then we told them that we had pressed them with four Presidents and to three of them nothing was Replyed Lords They Answered the Reason why my Lord Finch was Committed was because of his Flight Commons He was fled before the Impeachment but it was Ordered That he should be Committed when found Then we told them That we must Report to them that be the Treason what it would we could not go to the Lords to have it punished without that disadvantage which the Publishing the Treason before-hand would expose us to by making of Witnesses escaping of Parties and the like then bad them consider whether if we should lay before them a Treason in every Thing circumstanced as Gun-Powder Treason they would not Imprison the Party till the whole Matter was opened Lords They Answered to hear that Case put for in Matter of State other Courses are to be taken and they could see no inconveniency in Publishing that to the Lords which must be Published before 400 in the House of Commons Commons The Commons may proceed with what secresie or openness they please and the Lords are not to take Notice of their Proceedings whether open or secret Farther That by a Matter of State must be understood when a Parliament is not Sitting and we know not whether to resort but when a Parliament is particularly called to prevent the Mischiefs threatning the Kingdom If that be not capable of Remedying no other Council could or we are not bound to resort to that we are excluded ftom that to which we ought to resort Lords That the Lords had us take heed of the Liberty of the Subjects to which they are now fain to have Regard bidding us consider the Bishop of Canterbury's long Imprisonment without knowing the Cause and they must satisfie their Consciences lest they should Commit for Treason and it not prov'd so Commons It appears not that the Bishop of Canterbury should have lain less time had the Impeachment been Special and for the Liberty of the Subject we know not how a Subject should have more Liberty by Special Matter than General Special being but adding a formal Title and the subject goes to Prison as well for the one as the other For their Consciences Suppose a Person accused generally they are then to know whether it be Treason and is not it as much that they Commit an Innocent Person so as if the matter was Special December 2. The Lords sent down a Message to the Commons by two Judges to this effect That upon the Report made to them of the last free Conference they are not satisfyed to Commit or Sequester from Parliament the Earl of Clarendon without the particular Treason be mentioned or assign'd who being withdrrwn Lord Torring General M cks Son Moved not to part with any Priviledges of the Commons of England but adhere to the General Impeachment Sir Rob. How The Matter before us is of as great concernment as ever came before us if there should be Malice supposed in a Nation against it self it might be exercised by giving a particular Charge as well as a General many of the Lords are convinced by the Reasons we gave and Concur thinking our Presidents good and have entred their Protestation in the Lords House asserting the Rights of the Commons of England to Impeach generally So that excepting the Spiritual Lords I think I may say the Major part of the Lords are for us and should we give up this we may be wrested out of all Right and the Commons have no way to proceed to an Impeachment but some Men to be so great as not to be fairly reach'd Therefore adhere Mr. Wall The Lords are a noble Estate but whatever the Matter is they have of late some Advice given them which makes them proceed as they never did yet for scarce any Thing happens betwixt us but they incroach upon us The Militia is now as burthensome to the Fifty Pound Man in the Country almost as all other Taxes and the Lords have gotten this Advantage on us that they touch not the Burthen of it with their Finger So in time of the Plague the Commons must be shut up but not they insomuch that a good Act provided to that purpose passed not we Impeach'd the Lord Mordant and could not bring him to the Bar tho' formerly I have known an Earl and a Lord brought thither you desired a free Conference about it but could not obtain one to this Day Rome was at first modest and only medled with Spirituals but afterwards concerned themselves so much with other Matters that every Thing almost was made to be in Ordine ad Spiritualia and many Kingdoms thereupon break from them The Lords now insist upon one Thing because they say 't is in order to their Judicature perhaps hereafter they will tell us we must come to them on our Knees because it is in order to their Judgment Consider therefore whether there be any hope of giving them satisfaction then whether you will adhere and what you will do afterwards for the present my Motion is to adhere Mr. Vaugh. It is truly said the Business before you seems to be as great as hath been in Parliament many of the Consequences being invisible therefore before you Resolve what to do take the whole Matter before you The difference between the Lords and us is upon a general Impeachment of Treason the Lords after a Free Conference say they will not Commit unless Special Treason be mentioned or assign'd those whom you employed to Manage the Conference were very unwilling to differ with them but it seems it hath Produced nothing and I have nothing to make me believe but that the Reason is that the

Bill because you are Confirming what the Lords have done Mr. Vaug. Many Men wonder that no Reason is given for passing this Bill but the Question is mistaken the Bill is grounded upon his Flight after his Impeachment and his flying Implys some Guilt if none it is the safest Argument for any Man to run away and then there is nothing to catch him A Proclamation to a Man out of the Kingdom signifies nothing But in the whole it is plain that he saith that finding the King's Justice obstructed in Parliament he is fled Obj. But it will be said upon bare Flight never was any Man Punished Answ. If one Man kills another and flies tho' upon his Tryal he shall be acquitted yet he shall never recover his Goods because of his Flight There has been several Acts of Banishment Spencer c. And in this is something more severe than in them Namely that none shall Correspond with him then there is some advantage Namely that if he come in by the First of February all shall be void but when the Crime is laid and his Flight makes him Guilty he ought not to have a Day Then the Question was put for passing the Bill 65 For it 42 Against it 107 And then the House Adjourned ARTICLES OF HIGH-TREASON And other Heinous MISDEMEANOURS Exhibited against Edward Earl of Clarendon Lord High-Chancellour of England in the House of Lords on the Ioth of Iuly 1663. By the Earl of Bristol 1. THAT being in Place of highess Trust and Confidence with His Majesty and having arrogated a Supream Direction in all His Majesty's Affairs both at Home and Abroad hath Wickedly and Maliciously and with a Traiterous Intent to draw Scandal and Contempt upon His Majesty's Person and to alienate from him the Affections of his Subjects abused the said Trust in manner following viz. That he hath Traiterously and maliciously endeavoured to Alienate the Hearts of His Hajesty's Subjects from him by words of his own and by artificial Insinuations of his Creatures and Dependances that His Majesty was inclined to Popery and had a Design to alter the Religion Established in this Kingdom That in pursuance of that Traiterous Intent he hath to several Persons of His Majesty's Privy-Council held Discourses to this effect viz. That His Majesty was dangerously corrupted in his Religion and inclined to Propery That Persons of that Religion had such Access and such Credit with him that unless there were a careful Eye had unto it the Protestant Religion would be overthrown in this Kingdom and in pursuance of the said Wicked and Traiterous Intent upon His Majesty's admitting Sir Henry Bennet to be Principal Secretary of State in the Place of Mr. Secretary Nicholas he hath said these words or words to this effect That His Majesty had given 10000l to remove a zealous Protestant that he might bring into that Place of High Trust a concealed Papist notwithstanding that the said Sir Henry Bennet is known to have ever been both in his Profession and Practice constant to the Protestant Religion That in pursuance of the same Traiterous Design several near Friends and known Dependances of his have said aloud that were it not for my Lord Chancellours standing in the Gap Popery would be introduced in this Kingdom or words to that effect That in pursuance of the aforesaid Traiterous Design he hath not only advised and perswaded the King to do such things contrary to his own Reasons and Resolutions as might confirm and encrease the Scandal which he had endeavoured to raise upon His Majesty as aforesaid of his favour to Popery but more particularly to allow his Name to be used to the Pope and several Cardinals in the sollicitation of a Cardinals Cap for the Lord Aubigney one of his own Subjects and great Almoner at present to his Royal Consort the Queen That in pursuance of the same Wicked and Traiterous Design he had recommended to be employed to the Pope one of his own Domesticks Mr. Rich. Bealing a Person tho an avow'd Papist known to be trusted and employed by him in Dispatches and Negotiations concerning Affairs of greatest Concernment to the Nation That in pursuance of the said Traiterous Design he being chief Minister of State did himself write by the said Mr. Rich. Bealing Letters to several Cardinals pressing them in the King's Name to induce the Pope to Confer a Cardinals Cap on the said Lord Aubigny promising in Case it should be attained exemption to the Roman Catholicks of England from the Penal Laws in force against them by which Address unto the Pope for that Ecclesiastical Dignity for one of His Majesty's Subjects and Domesticks he hath as far as from one Action can be inferred traiterously acknowledged the Popes Ecclesiastical Soveraignty contrary to the known Laws of this Kingdom That in pursuance of the same traiterous Design he has called unto him several Priests and Iesuits whom be knew to be Superiors of Orders here in England and desired them to write to their Generals at Rome to give their help for the obtaining from the Pope the Cardinals Cap for the Lord Aubigny as aforesaid promising great Favour to Papists here in Case it should be effected for him That he hath promised to several Papists he would do his endeavour and said he hoped to compass the taking away all Penal Laws against them which he did in pursuance of the traiterous Design aforesaid to the end they might presume and grow vain upon his Patronage and by their publishing their hopes of a Tolleration encrease the Scandal endeavoured by him and by his Emissaries to be raised upon His Majesty throughout the Kingdom That in pursuance of the same traiterous Design being intrusted with the Treaty betwixt His Majesty and His Royal Consort the Queen be concluded it upon Articles scandalous and dangerous to the Protestant Religion That in pursuance of the same traiterous Design he concluded the same Marriage and brought the King and Queen together without any settled Agreement in what manner the Rights of Marriage should be performed whereby the Queen refusing to be married by a Protestant Priest in case of her being with Child either the Succession should be made uncertain for want of the due Rights of Matrimony or else His Majesty to be exposed to a suspition of having been married in his own Dominions by a Romish Priest whereby all the former Scandals endeavoured to be raised upon His Majesty by the said Earl as to point of Popery might be confirmed and heightned That having thus traiterously endeavoured to Alienate the Affections of His Majesty's Subjects from him upon the score of Religion he hath endeavoured to make use of all the malicious Scandals and Iealousies which he and his Emissaries had raised in His Majesty's Subjects to raise from them unto himself the popular Applause of being the zealous Vpholder of the Protestant Religion and a promoter of new Severities against Papists That he hath traiterously endeavoured to Alienate

to the payment of which his Majesty was not in strictness bound And afterwards received great Summs of Money for procuring the same VI. That he received great Summs of Money from the Company of Vintners or some of them or their Agents for Inhauncing the Prizes of Wines and for freeing them from the payment of legal Penalties which they had incurred VII That he hath in a short time gained to himself a greater Estate than can be imagined to be gained lawfully in so short a time and contrary to his Oath he hath procured several Grants under the Seal from His Majesty to himself and Relations of several of His Majesty's Lands Hereditaments and Leases to the disprofit of His Majesty VIII That he hath Introduced an Arbitrary Government in His Majesty's Forreign Plantations and hath caused such as complained thereof before His Majesty and Councel to be long Imprisoned for so doing IX That he did reject and frustrate a Proposal and Vndertaking approved by His Majesty for the preservation of Mevis and St. Christophers and reducing the French Plantations to his Majesty's Obedience after the Commissions were drawn for that purpose which was the occasion of our great Losses and Damage in those Parts X. That he held Correspondence with Cromwell and his Complices when he was in Parts beyond the Seas attending His Majesty and thereby adhered to the King's Enemies XI That he advised and effected the Sale of Dunkirk to he French King being part of His Majesty's Dominions together with the Ammunitions Attillery and all sorts of Stores there and for no greater value than the said Ammunitions Artillery and Stores were worth XII That the said Earl did unduely cause Hii Majesty's Letters Patents under the Great Seal of England to one Dr. Crowther to be alter'd and the Enrolement thereof to be unduly rased XIII That he hath in an Arbitrary way examined and drawn into question divers of His Majesty's Subjects concerning their Lands Tenements Goods Chattells and Properties determined thereof at the Council Table and stopped Proceedings at Law by Order of the Councel-Table and threatned some that pleaded the Statute of 17 Car. 1. XIV That he hath caused Quo Warranto's to be issued out against most of the Corporations of England immediately after their Charters were Confirmed by Act of Parliament to the intent he might require great Summs of Money of them for renewing their Charters which when they complyed withal he caused the said Quo Warranto's to be Discharged and Prosecution therein to cease XV. That he procured the Bills of Settlement of Ireland and received great Summs of Money for the same in most corrupt and unlawful manner XVI That he hath deluded and betrayed His Majesty and the Nation in all Forreign Treaties and Negotiations relating to the late War and betrayed and discovered His Majesty's secret Councils to his Enemies XVII That he was a principal Author of that fatal council of dividing the Fleet about June 1666. The Clerk having read them a second time it was moved That in regard the Articles were many they might be referr'd to the Committee to see how far they were true because Fame is too slender a ground to bring a Man upon the Stage Sir Fran. Goodr. Seconds it because new matter was now added to what was formerly charged Viva voce in the House Sir Rob. How Suppose the Earl of Clarendom Innocent and yet Charged and Imprisoned which is the worst of the Case he afterwards appears Innocent and is discharged receiving no more hurt than other Subjects have done Namely * D. Buck. one great Man lately Object But why should you Commit him Answ. For proof whether the Articles be true or not Suppose Men for self preservation will not venture to come not knowing how they may trust themselves and so you have no Proof He very guilty and You not able to proceed is the Inconveniency greater for an Innocent Person if he prove so to suffer a few days than for you to loose your Repuation for ever If this Man be not brought to his Tryal it may force him to fly to that which he Councelled that is that we may never have Parliament more Sir Fra. Goodr. I am not against proceeding but unsatisfied to do it without Witness it being like Swearing in Verbo Magistri Sir Iohn Holl. That the Committee undertake to make good the Charge otherwise examine Witnesses Mr. Vaugh. You admit the Accusation to be matter for a Charge if the Committee find proof if you intend to make this a distinct Case I leave it to you but if this be to settle the Course of the Proceedings of the House I am against it for this is ordering a way of Proceeding in the Earl of Clarendon's Case which shall not be a general Rule Tho' I cannot say one of the Articles to be true yet I know them to be a full Charge if made good and you are prescribing a Course neither proper nor ever practised A Witness who speaks without Outh is subject to Damage not so upon Oath because the Law compells him And whereas it hath been said if Witnesses attest before the House of Commons what Judges dare middle in 't I answer such Judges as meddled in the Case of Sir Iohn Elliot c. and the Ship Money Sir Rich. Temp. A Grand Jury is capable to present upon their own knowledge and are Sworn to keep the King's Council and their own and I believe there is not one Article of the Accusation but will be made good Sir Rob. How As I am sensible of the danger of publishing Witnesses beforehand so I would have every one satisfied therefore take the Articles one by one and according as you shall find what your Members may say for the Truth you may be induced to proceed or not Sir Tho. Osb. The House ought to have something to induce their belief which they have had from several Members and I know how some will be made good Sir Tho. Littl. What Article Members of the House do not offer you matter to induce you to believe you may lay it aside therefore hear what shall be said and proceed accordingly Mr. Iohn Tr. You connot expect Witnesses will appear before you Lords will not nor can you expect Commoners should for when you are up and gone nothing can protect a Commoner if this Information be not Judicial At last the Question was put whether to refer it to a Committee Yeas 128. Noes 194. 322. Then the first Article was read to see what would be said to induce the House to Impeach The First Article read Sir Rob. How Lord Vaugh. Heard from Persons of Quality That it would be proved The Second Article was read Lord St. Ioh. Persons of great Quality have assured him to make it good and if they perform not he will acquaint the House who they are The Third Article read Mr. Ed. Seym. Sufficient Persons will make it good with this Addition When he received

not say For Scarce any Man can tell what was Treason before 25 Ed. 3. was made to bring things to a Certainty and what was uncertain to them who made that Law can be certain to us now As the Judges can declare no other Treason so in your Declaratory Power neither can you declare Treason unless there be Resemblance to some other like Case The Advice said in the Article to be given the King cannot be within that Statute unless the Councellour must run the hazard of his Advice Mr. Vaugh. The greatest Declarations of Treasons which ever were equal not those 22 Rich. 2. in Nottingham Castle The Judges are called to deliver their Opinions upon their Faith and they declare the Acts to be Treason because Felony before and tho'some of them were hang'd for it yet the Parliament declared the same Thing Serj. Mayn Was what is mentioned Treason by the Common-Law tho' so said by the Lords And what was so declared was repealed H. 4. Sir Tho. Litt. Pray resolve whether it was Treason by Common-Law and if so when made so Some think not because they find not the Parliament declaring them Treasons as being so at Common-Law and that that Statute was made to bound them but that was only to bound Inferior Courts not themselves for the Parliament makes not a new Crime and then Condemns it but the Crime was before and the Parliament declares it Sir Ed. Thur. Hath the Parliament declaratory Power now Yes but it must be by King and Parliament so it was in the Case of the Genoua Ambassador The Judges would not conclude the Articles Treason nor would the Lords alone and if you come to an equal declarative Power with them you must examine Witnesses or go by a Bill Serj. Charl. The Question is Whether it be Treason by the Practice of England the Common-Law is the Custome of England and the usuage is grounded on Presidents I know not one President where Words or Intentions were Treason at Common-Law for they are not Treason where no Act follows Sir Rich. Temp. The Article is Treason by Common-Law and Judges have recourse to Glanvil c. Who say that giving Advice to overthrow the Realm is Treason by Common-Law Serj. Mayn The Question is whether he shall be Impeached of Treason upon this Article If you go to Treason at Common-Law before 25 Ed. 3. you fly out of sight for the word Seductio was soon after called Seditio Seducing but not said to what nor were those Authors ever reputed of Authority It 's true they are sometimes quoted for Ornament but not Argument and not one Case in one hundred of Glanvil is Law but when a Case comes that is the Sheet-Anchor of Life and Estate you should be wary for by Wit and Oratory That may be made Treason which is not and this which is a great Crime ought not because great to be made Treason Object But it will be said levying War against the Law is against the King and here was an intent to alter the Law Answ. True yet a design no levy War is not Treason within the Statute here is nothing of Act but Words to that end If a Councellor gives bad Advice it makes it not Treason but by a Bill it may be made what you please By that Statute of 25 Ed. 3. are more Treasons than are metnioned for it faith if any Case happen the Judges shall stay till the King and Parliament hath declared so that there is a Power but the Modus is the Question whether by Impeachment or Bill you may the latter not the former It was done but you have Repealed it and have said None of which pretended Crimes are Treason and what was pretended against him * Of Strafford That he had Traitorously Endeavoured which is worse than design'd to alter the Government c. Now where is the Difference Here is advice to Raise an Army there to use an Army Raised and these you have called pretended Crimes and no Treason which is not Comprechended by a Law but to Impeach as a Treason and yet the thing No Treason is strange In this House other then by Bill you have no Power you carry your Impeachment to the Lords and they may give Judgment without coming back to you declaring by Bill is by way of Judgment but as an Impeachment is only an Accusation So that whatsoever the Consequence is the Lords judge it and it never comes back to you and if you go by Bill you make it Treason ex post sacto Mr. Vang Concerning what you have declared about Straffords that this Case is if not less equal to it and you have declared that not one Charge aganst him is Treason is true thus far when that Act was made I repaired to it because there were some Things which should not have passed so if there had not been something to secure such Charges as these for there is no expression of any Particular Charge but that the Charge against the Earl of Strafford was not in the particular Treason and in the Ciose of the Bill it is said that the whole Proceeding shall be taken away and if so no Man should speak against the Particulars but look on it as Repealed Then this is said to be levying War and its true it must be Actual and so not within the Charge And the Charge against Spencer was for Councelling the King c and is called levying War against the Kingdom and the Judgment against him was but Banishment because the Sentence was mitigated at the instance of the King And for Councel tho' Councel is given but in Words yet Words are more than Councel and are an Action otherwise a Councellour is Sworn to nothing But it may be thought I have not dealt ingenuously with the House than which I abhor nothing more when the Case of Strafford was before the Lords I was of opinion the Parliament had no Declarative Power left because 1 Hen. 4. there was an abolishing of all declared Treason and that no Treason for the future should be so and then the Treason about the Genoua Ambassadour was gone and all declared Treasons were gone 1 Hen. 4. and no Statute hath recovered them and if all Actual Treasons were taken away 1 Hen. 4. or if not then 1 Ed. 6. then what doth the first of Q. M. do unless it take away all declaratory Treason Upon the whole the Question was whether to accuse of Treason upon the first Article Yeas 103. Noes 172. 275. November 11. The Second Article was read Mr. Pr n. Let the Act made by you about defending the King be Read because it limits Prosecution to a Time to see if this be within Time Mr. Vaugh. In Things wherein there is a publick Defaming the King it becomes no Man here to defend the Person accused if the Charge be not proved let the Party himself plead it you had that which induced you to Impeach him and have

Articles read and Voted Fifteenth Article read Lord Vaugh. I brought in this Article His Betraying the King's Councels was to the French King during the War and that in the secrecy of State which was the occasion of the late Mischiefs Sir Tho. Osb. That is direct adhering to the King's Enemies and so it is Treason Mr. Sollicit This must be Treason if you have any inducement to believe it Sir Rob. How I have heard it from an Eye-Witness who told it me and added that we are neither to be trusted nor dealt with who were so betrayed Serj. Mayn Betraying the King's Councel to his Enemies is doubtless Treason Corresponding is another Thing Betraying must be without the King's Knowledge otherwise it is but delivering the King's Words to his Enemies Sir Iohn Bramp Did this Information come from a Subject or from one of the King's Enemies Sir Rob. How I would not have brought you Information from one of the King's Enemies nor did I ever converse with them during the War Coll. Birch We cannot accuse of Treason except it be said Betraying the King's Councel or Corresponding with his Enemies Mr. Vaugh. You have declared that you have had inducement to Impeach and ought to put the Question whether on this Article he shall be Impeached of Treason Mr. Sollicit To betray the King's Councel taken generally is not Treason for it may be to the King's Friends but to his Enemies it is If the Article be so Lord Vaugh. Let it be put betraying His Majesty's secret Councels to his Enemies during the War Then the Question was put whether these New Words delivered by the said Lord Vaugh. should be added Carryed in the Affirmative Sir Iohn Holl. Was this Information given by an Enemy or by a Subject Mr. Vaugh. It must come from a Forreigner or you could not know it may not the King have from a Forreigner a discovery of Treason against him The end of questioning it must be to know the Man for it might as well be asked whether his Beard be red or black Sir Tho. M rs The words are discovered not betrayed and discovering may be with the King's consent Lord Vaugh. Add the word Betraying for so I meant it Serj. Mayn They who give the Information say not they had it from more than one Witness which Stat. Ed. 6. requires and only one of them Names the Earl of Clarendon Mr. Seym. This exception is proper to be made before the Judges Then the Question was put Whether to Impeach of Treason on this Article Yeas 161. Noes 89. 250. Sir Tho. Litt. That an Impeachment of Treason and other Crimes and Misdemeanours be carryed up to the Lords against him by Mr. Scym Serj. Mayn For Misdemeanour he may have Councel not for Treason Therefore so distinguish the Charge that he may have Councel Resolved That a Charge be carryed up Resolved That the Speaker and the whole House carry it Novvember 12. It being considered that if the Speaker go up with the Charge some dispute might arise about carrying the Mace and otherwise It was Resolved That Mr. Seym. carry it Accordingly he went where at the Bar of the Lords House the Lord-keeper Bridgman being come to the Bar to meet him he delivered himself to this purpose My Lords THE Commons Assembled in Parliment having been informed of several Traiterous Practices and other high Crimes and Misdemeanours commited by Edward Earl of Clarendon a Member of this Honourable House have Commanded me to Impeach him and I do accordingly Impeach him of High-Treason and other Crimes and Misdemeanours in the Name of the said Commons and of all the Commons of England And they have farther Commanded me to desire your Lordships to Sequester him from Parliament and to Commit him to safe Custody and in convenient time they will exhibit Articles against him November 15. The Lords sent down to desire a Conference in the Painted Chamber At which the Earl of Oxford delivered a Paper in writing without any Debate the Contents whereof were to this effect The Lords have not Committed the Earl of Clarendon becase the Accusation is only of Treason in general without charging any thing in particular Mr. Garra I had rather the House should loose the Punishment of this Man tho' a great Offender then that this House should loose its priviledge for if this House may at no time Impeach a Lord without giving in particular Articles it may fall out to be at a time as in the Duke of B s Case where a great Man by his Interest with the King procured the Dissolution of the Parliament and then the Accusation falls Mr. Vaugh. Either you can justifie your Proceedings so as to satisfie the Lords what you have done or you cannot you must name a Committee as well to consider what you are to do if your Reasons satisfie not as to draw those Reasons Mr. Sollicitor Without doubt this House was not mistaken in demanding that the Party accused for Treason should be committed That is that Treason is worthy of Commitment and you can but find Presidents that Persons have been accused of Treason and thereupon have been committed But the Case is this Treason is an Offence for which Bail cannot be taken the Lords tell you not they will or will not Commit But it is true Persons have been Committed for Treason and Persons accused of Treason Judges may Commit or not Consider this Law Let the Crime be what it will an Imprisoning till the Charge it given is but an Imprisoning to security not to Punishment otherwise the Law is not Just and if the Judges of the Kings-Bench have a Judgment of Discretion whether to Commit or not can we wonder that the Lords have not Imprisoned till they know the Article when they have Judgments of Discretion tho' they knew it You may find Presidents but it is not an Argument it must always be so But as the Judges have a Latitude much more then the Lords the Impeachment from the Commons of England is properly the King's Suit for there is no Treason but against him and if the Judges may Bail in that Case may not the Lords But you are not told he shall be Balied but they desire to know what his Crime is and then you shall know their Answer the Resolution seems reasonable having gone no farther I cannot except against it Sir Tho. Litt. The Long-Parliament had some good Presidents which we are not to cast away least we smart for it Resolved To Resume the Debate to Morrow Nov. 16. Mr. Vaugh. The Lords do not say Commitments should follow because Treason is Bailable by the Kings-Bench its true the Kings-Bench Bails for Treason but how If Persons be brought thither for Treason directly there is no Bail but when a Commitment is by the Councel Table for suspition of Treason then if the Matter fall not be to what was expected they give notice to take Bail else the great Article of the Great Charter

the Affections of His Majesty's Subjects from him by venting in his own Discourse and by the Speeches of his nearest Relations and Emissaries opprobrious Scandals against His Majesty's Person and course of Life such as are not fit to be mentioned unless necessity in the way of Proof shall require it That he hath traiterously endeavoured to Alienate the Affections of his Highness the Duke of York from His Majesty by suggesting unto him Iealousies as far as in him lay and publishing abroad by his Emissaries that His Majesty intended to Legitimate the D. of Monmouth That he hath Wickedly and Maliciously contrary to the Duty of a Privy-Councellour of England and contrary to the perpetual and most important Interest of this Nation perswaded His Majesty against the Advice of the Lord General to withdraw the English Garrisons out of Scotland and to demolish all the Forts built there at so vast a Charge to this Kingdom That His Majesty having been graciously pleased to communicate the Desires of the Parliament of Scotland for the remove of the laid Garrisons to the Parliament of England and to act their Advice therein the said Earl of Clarendon not only perswaded His Majesty actually to remove those Garrisons without expecting the Advice of his Parliament of England concerning it but did by Menaces of His Majasty's displeasure deter several Members of Parliament from moving the House as they intended to enter upon consideration of that Matter That he had Traiterously and Maliciously endeavoured to Alienate His Majesty's Affections and Esteem from this his Parliament by telling His Majesty that there was never so weak and inconsiderable a House of Lords nor never so weak and so heady a House of Commons or words to that effect and particularly that it was better to sell Dunkirk than to be at their Mercy for want of Money or words to that effect That he hath Wickedly and Maliciously contrary to his Duty of Counsellour and to a known Law made last Sessions by which Money was given and particularly applyed for the maintaining of Dunkirk advised and effected the Sale of the same to the French King That he hath contrary to Law enriched himself and his Treasures by the Sale of Offices That contrary to his Duty he hath wickedly and corruptly Converted to his own use great and vast Summs of publick Money raised in Ireland by way of Subsidy private and publick Benevolences and otherwise given and intended to desray the Charge of Government in that Kingdom By which means a supernumerary and disaffected Army hath been kept up there for want of Money to pay them off occasioned it seems to be because of the late and present Distempers of that Kingdom That having arrogated to himself a supream Direction of all His Majesty's Affairs be hath with a malicious and corrupt Intention prevailed to have His Majesty's Customs Farmed at a far lower Rate than others do offer and that by Persons with some of whom he goes a share in that and other parts of Money resulting from His Majesty's Revenue July 10th 1663. BRISTOL The Earl of Bristol having Exhibited against the Lord Chancellour Articles of High-Treason and other Misdemeanours This Order was made by the House of Peers Die Veneris 10 July 1663. ORDERED by the Lords Spiritual and Temporal in Parliament Assembled That a Copy of the Articles or Charge of High-Treason Exhibited this Day by the Earl of Bristol against the Lord Chancellour be delivered to the Lord Chief-Iustice who with all the rest of the Judges are to consider whether the said Charge hath been brought in regularly and legally and whether it may be proceeded in and how and whether there be any Treason in it or no and make Report thereof to this House on Monday next if they can or else as soon after as possibly they may Whereupon all the Judges met at Serjeauts-Inn in Fleet-street and my Lord of Bristol repaired to us thither desiring to see the Order which being Read he told us he came out of respect to know of us whether we were informed how it came into the House of Peers whether as a Charge or not but one of the Judges who had been present when it was delivered in saying we were tied up by our Order his Lordship took some exception at the manner of his Expression as if his Lordships Address was unnecessary at that time anb taking it as a rebuke unto him went away but according to our Order which supposed it to be a Charge of High-Treason and not mentioning Misdemeanour we did upon Consideration unanimously agree upon this ensuing Answer which on Monday the 13th of Iuly the Lord Chief-Iustice Foster did deliver in viz. We conceive that a Charge of High-Treason cannot by the Laws and Statutes of this Realm be originally Exhibited by one Peer against another unto the House of Peers and that therefore a Charge of High-Treason by the Earl of Bristol against the Lord Chancellour mentioned in the Order of Reference to us of the 10th of this Instant July hath not been regularly and legally brought in and if the Matters alledged in the said Charge were admitted to be true altho' alledged to be traiterously done yet there is no Treason in it Which Answer being given in the Earl of Bristol took some exceptions at it and some of the Lords inferred thence that if it were Irregularly and Illegally brought in it was a Libel but we satisfied them that it was not under Consideration of us whether it came in as an Information or Charge our Order required us to give Answer to it as a Charge Secondly We did not meddle with any thing concerning accusing him of Misdemeanour for our Order reached only to Treason Thirdly It did not follow that if this Charge were Irregular or Illegal that therefore he was Criminal There might be Presidents to give Colour to such kind of Proceedings for which till it be declared or known that they are Illegal they are Titular and ought not to be punished But it was much insisted on That we should deliver the Reason of our Opinions the Lord of Bristol and his Friends seeming unsatisfied We Replyed That it was never known that when the Justices to whom Questions were referred from Parliament had unanimously agreed in their Opinions that Reasons were required from them Yet notwithstanding it being the desire of the Lords after some things premised and a desire that this should not be drawn into an Example which the Lords assented unto as I took it for no Order was entred concerning it there being no Order as I think for delivering our Reasons entred and it was agreed amongst us that no Note should be reduced least we might be required to deliver our Reasons in writing nor had I time to digest it in writing having only Monday Night after Conference with my Brethren to think upon it I did on the next Tuesday being the 14th of Iuly deliver the Reasons of all the Judges of their