Selected quad for the lemma: majesty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
majesty_n	earl_n	lord_n	precedent_n	3,907	5	10.2488	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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 Law of Parliaments the Lords pressed the Law of the Land by way of Negative as if the Law of the Land were otherwise but rather than that shall be any obstruction put it by Law Mr. Stew. Leave out the Words by Law for if a Man be secured it is Implyed by them who do Commit that it is according to Law Then it being Moved to draw both Votes in one Sir Tho. Litt. Tho' you should put both Votes into one It will not Answer your end for the Lords will not Concur with the first Part and yet may make use of what Part you grant of it that is the last and so have advantage against you but there is another Reason why you should forbear these Votes Namely Prudence The Earl of Clarendon being gone there is an expectation that a Bill should be prepared to do something farther wherein I hope both Houses will join if you send up this you will give disturbance to that Bill and if you should enter this in your Books in Order to send it up hereafter they will hear of it as done to make them swallow their former Resolves Therefore defer it for the present Mr. Trev. Consider whether the Matter hetwixt you and the Lords is not well as it is You have Voted That when a Man is generally Impeached he ought to be secured and that the Lords not having done it is an obstruction to Justice and what will it signifie to carry it to the Lords what hath since fal'n out justifies you and lays the disadvantage upon the Lords The World expects now what you will do farther and that must be by Concurring with the Lords Sir Tho. Cliff We all agree to these Votes in Order to justifie your Rights but what is the use of it You have already done it in your Books and you cannot expect the Lords should go so much against their own Votes this therefore will but widen the Gap it being telling them they must eat their words Sir Tho. Litt. Those who have had a hand in the charge against the Earl of Clarendon have been thought sometimes too Violent sometimes too Remiss as not able to make out the Charge But what I speak now is for your Honour which will be wrong'd in this Proceeding I am for bringing the Impeachment to something and therefore against these Votes Now you make a Declaration of your own Rights and Enter it upon your Books that not only the Vote may appear but the Ground of it but not to declare to the Lords which will beget an Answer and exasperate It is now unseasonable to make the Lords retract therefore lay it aside for tho' I am confident that Gentleman did it to no such end yet if I would Design any Thing to the Earl of Clarendon's advantage I could not take a better way than this Mr. Vaugh. This is but the affirming all which hath a been done already and I am for none of those who are contriving for any Thing out of the House Sir Will. Covent This Question is not now seasonable tho' it is a better expedient than the Declaration as Things now stand and considering what hath past I am apt to think the Lords may do it of their own accord and you would not willingly have a Negative to your Votes Therefore seeing your Votes may be of use hereafter put no Question at all but adjourn the Debate to a proper Season Mr. Vaugh. I am against the Adjourning of it and have given Testimony that I have done nothing to be thought to do that which is so much for the advantage of the Earl of Clarendon and shall take heed of doing any Thing hereafter to be so reflected on Sir Tho. Litt. I hope I avoided any such Reflection nor speak any Thing to such purpose I do not beleive nor ever did think any such Thing and hope that Gentleman himself believes that no Man in this House hath more Honour for him than I. Sir Iob Charle Let the World see that you do not intend to restrain your proceedings to the Earl of Clarendon but make it a general Care and therefore are concerned in Honour to put the Question Resolved upon the Question That the Question be put Resolved That both the Questions propounded by Mr. Vaugh. and put singly in the Affirmative be carryed up to the Lords December 13. A Bill was brought from the Lords to Banish the Earl of Clarendon and read After reading several Objections being made and it being Alledged that it was an abuse put upon the Commons by the Lords and that a Bill of Attainder being propounded after some Debate the House pass'd this Vote Resolved That this House taking notice of the flight of the Earl of Clarendon being under an Impeachment of High Treason by this House the King's Majesty be humbly desired to Issue out his Proclamation for Summoning the said Earl to appear by a Day and to apprehend him in Order to his Tryal Resolved To send to the Lords for their Concurrence to this Vote December 14. A Message from the Lords for a Conference at which they delivered two Reasons why they could not Concur 1. First for that they conceive a Proclamation in the way proposed would be ineffectual since it is not supaena Convictionis which cannot be till particulars in Order to Tryal be declared 2. That what the House of Commons hath proposed and do propose at present is intended in Order to a judicial way of Proceeding but since the Earl of Clarendon's Flight their Lordships upon Consideration of the whole State of Affairs and of the Kingdom have upon Grounds of Prudence and Iustice thought fit for securing of King and Kingdom to proceed in a Legislative way against the said Earl and haue to that end past and sent down to them a Bill of Banishment and Incapacity against him with which this Vote is inconsistent December 16. The said Reasons from the Lord being Reported and Considered and it being Moved that the House would declare themselve unsatisfied with them Sir Tho. Cliff I am against passing a Vote at present upon the Lords Reasons but read the Bill sent down from thence and Summons him by it to appear by a Day Mr. Trev. Some are against the Bill because it goes too far Condemning before Hearing others would have it to go farther Summons is in Order to Hearing Tryal and Judgment of those he hath made himself incapable by Flight and hath in his Paper told you That he will neither be heard nor tryed by you Tho' you expected to have him secured by a general Accusation yet you never expected Judgment upon it Then it is said This Banishment falls short of Treason but we are not to pass Sentence for Crimes but as a Council propound to the King what is necessary in this Case Then consider whether this Bill will Answer our Ends and if it doth delay will make it worse I think we should make it reach them

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

a Member of this House and I assure you that if he shall be found Guilty no Man shall appear more against him than I if not I hope every one will be for him as much as I let every Man upon his Conscience think what of this Charge is true for I believe that if one Article be proved he will own himself Guilty of all Sir Hen. Fin. An Impeachment there must be if there be Cause such Accusations are not to be passed over in silence I believe not one truth in the Law more than this Proposition That there is no such thing as Treason by Common-Law or by Equity and we hold our Lives by that Law before the 25th of Ed. the 3d. a Man could scarce speak any think but it was Treason in Parliament or out but no Man ought to die as a Traitor who hath not literally offended that Law or some other made since There is indeed in that Law a Proviso about the Parliaments declaring what is Treason but note the danger of taking declaratory Powers which I fear hath brought us into a Reckoning of Blood which we have not yet paid for The Power of Parliaments is double Legislative which hath no bounds Declaratory by pronouncing Judgments And tho' I know not what the Legislative Power of a Parliament cannot do yet it is not in the power of the Parliament King Lords nor Commons to declare any thing to be Treason which is not in the Common-Law Felony before The Proviso in Strafford's Case was it's true made for Inferior Courts but I hope we shall not so proceed as must needs draw after it a Netrahatur in Exemplum and your own Act this Parliament shews That all done by Strafford a-part or together was not Treason And it behoves us to take heed we thwart not our own Argument For the manner then Consider how you should proceed if it were out of Parliament and how the bringing of it into the House alters it If it were out of Parliament without doubt the Accusation should be proved before hand and those who discover it are guilty of Felony This provides for the Subject that the Witnesses must be Two and for the King that none shall discover the Evidence But suppose the Charge be for Misdemeanours the Tryal then is not to be by the Lords but by the Commons for the Lords are his Peers only in Cases Capital How then doth the bringing it in to Parliament alter the Case If the Parliament set aside Laws in this Case we should be happy to see Law declaring what is the power of Parliaments There is no President produced which is singly of Weight to guide you therefore if you proceed let it be as near as possible by the good Old Laws Namely That there be an Accusation founded upon an Oath and the Evidence kept secret I propose that way for the very reason that others oppose it viz The Accusation goes over the Kingdom and it will bring dishonour to the House the King and the Earl For the Honour of the House it will be hard to say the Charge was brought in upon misinformation a Person accused for advising to bring in Arbitrary Government c. And for saying the King is not fit to Govern If this be true tho' it be not Treason in the formality of the Law it deserves no less Punishment then if it were but if not found Guilty Consider the Case If one say A killed a Man and it is not so must not he give reparation We have an accusation upon hear-say but if it be not made good the blackest Scandal which Hell can invent lies at our door Then Sir Tho. M rs moving to referr it to the Committee of Grievances Mr. Vaugh. You should have put the first Question before another had been moved the Earl of Middlesex Cranfield's Case will not hold paralel He was accused of Bribery which might be proved by their own Books but this is for Scandalizing the King c. And where shall the Committee of Grievances enquire about it you say let them hear the Persons But suppose they be of the Lords House Can you send for them Or if you do will they come and say it The matter of this Accusation is such that if it lies in the knowledge of a single Person if he delivers it extrajudicially which he doth if not upon Oath he may be undone by it and hazard his Person too At the Committee of Grievances the Persons must be known and what they can say and then we may conclude what will follow Besides their Quality may be such as they cannot be brought or their Discretion such as they will not answer Sir Rich. Temp. Tell but the Lords that a Man in publick place hath misbehaved himself and they will sentence him if he purge not himself Never yet were Witnesses examined before the Tryal in case of Treason or Felony for then if there be two Witnesses a way may be found by Poyson or some other way to take away one Serj. Mayn No Man can do what is Just but he must have what is true before him where Life is concern'd you ought to have a moral Certainty of the Thing and every one be able to say upon this proof in my Conscience This Man is guilty Common Fame is no ground to accuse a Man where matter of Fact is not clear to say an Evil is done therefore this Man hath done it is strange in Morality more in Logick Upon the whole Debate it was Voted That the Committee do reduce the Accusation to Heads and present them to this House November 6th 1667. Sir Tho. Litt. Reports that the Accusation was reduced to Heads which he read in his Place and afterwards delivered the same in at the Clerks Table which are as followeth ' viz. I. THAT the Earl of Clarendon hath designed a Standing Army to be raised and to govern the Kingdom thereby and advised the King to Dissolve this present Parliament to lay aside all Thoughts of Parliaments for the future to govern by a Military Power and to maintain the same by Free Quarter and Contribution II. That he hath in the hearing of the King's Subjects falsely and seditiously said That the King was in his heart a Papist or Popishly Affected or words to that effect III. That he hath received great Sums of Money for the procuring of the Canary Patent and other illegal Patents and granted illegal Injunctions to stop proceedings at Law against them and other illegal Patents formerly Granted IV. That he hath Advised and Procured diverse of His Majesty's Subjects to be Imprisoned against Law in remote Islands Garrisons and other Places thereby to prevent them from the Benefit of the Law and to produce Presidents for the Imprisoning any other of His Majesty's Subjects in like manner V. That he procured His Majesty's Customes to be Farmed at under Rates knowing the same and great pretended Debts to be paid by His Majesty

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

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