House of Lords Journal Volume 12: 21 November 1667

DIE Jovis, 21 die Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message to H. C. for a Conference about the E. of Clarendon.

A Message was sent to the House of Commons, by Sir William Childe and Sir John Coell:

To desire a present Conference, in the Painted Chamber, concerning the Matter of the last Conference touching the Earl of Clarendon.

Peers Testimony upon Oath, and Honour.

The House took into Consideration the Report from the Committee of Privileges, concerning a Peer giving his Testimony upon Honour in Inferior Courts; and after some Debate, the House adjourned the further Debate of this Business until To-morrow Morning.

Bill for assigning Exchequer Orders.

Hodie 2^a vice lecta est Billa, "An Act for assigning Orders in the Exchequer without Revocation."

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

Their Lordships, or any Five; to meet To-morrow Morning, at Nine of the Clock, in the Prince's Lodgings.

Trial of Peers Bill.

Hodie 3^a vice lecta est Billa, "An Act for the better regulating the Trial of the Peers of England."

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

It was Resolved in the Affirmative.

Answer from H. C.

The Messengers sent to the House of Commons return with this Answer:

That the House of Commons are now in Debate of Matters of great Consequence, and will return an Answer presently by Messengers of their own.

E. of North'ton's Privilege, French & al. for arresting Capes his Servant.

ORDERED, That this House will take into Consideration the Complaint of the Earl of North'ton, for arresting Arthur Capes, his menial Servant, To-morrow Morning, the First Business; at which Time Richard French, Richard Gibbons, and Robert Barrett, shall be brought to the Bar. And the Earl of North'ton is desired to be then present.

Message from H. C. for a Conference concerning the Lords Message about the E. of Clarendon.

A Message was brought from the House of Commons, by Sir Robert Howard and others:

To desire a Conference, upon the last Message.

The Question being put, "Whether to give the House of Commons a present Conference, upon the last Message?"

It was Resolved in the Affirmative.

Memorandum, That, before the putting of the abovesaid Question, these Lords following desired Leave to enter their Dissent, if it were carried in the Affirmative: Which being granted, they do accordingly enter their Dissents, by subscribing their Names to the Reasons of their Dissent in the next Page (fn. 1).

Answer.

The Answer returned to the Messengers of the House of Commons was:

That their Lordships do agree to a Conference, and appoints it to be presently, in the Painted Chamber.

Conference concerning the Lords Message about the E. of Clarendon.

Were appointed to report this Conference with the House of Commons.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

ORDERED, That the Report of this Business shall be made To-morrow Morning, the First Business.

Protest against it.

"The Lords whose Names follow, having Leave to protest if the Question for a Conference with the House of Commons upon the last Message of the Lords should pass in the Affirmative, do accordingly enter their Dissents, for these Reasons:

"1. Because, the Lords having first desired a Conference, the Commons did not give it.

"2. Because there is no Precedent that they can find of any such Proceeding in Parliament before this.

"3. Because the House of Commons could not tell what was to be offered at the Conference desired by the Lords.

"4. Because, for aught they knew, the Lords at the Conference intended to agree with their Reasons, or to give Reasons against them.

5. Because there is no Precedent of Free Conferences, (nor can they, as they conceive, be) in Points relating to Judicature, which is entirely the Lords, whose Work is to consider the Reasons offered by the Commons, and give the Rule.

"Anglesey.
J. Bridgewater.
Chandos."

Proceedings against the E. of S rafford, to be expunged.

ORDERED, That the Lords Sub-committees for Privileges and Perusal of the Journal Book are hereby appointed to observe the Directions of an Act of this present Parliament, intituled, "An Act for Reversal of the Attainder of the Earl of Strafford, in vacating and expunging out of the Journal of this House those Proceedings which by that Act are appointed to be razed."

Mangv, D. of Bucks Servant, to be released.

Whereas George Mangy, menial Servant to the Duke of Bucks (and so owned by his Grace), (fn. 2) is under Restraint, by Imprisonment in the Prison of the King's Bench, occasioned by his being arrested in the Beginning of November, 1665, within the Time of Privilege of Parliament, contrary to the Privilege of Parliament:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said George Mangy be forthwith discharged from his present Restraint and Imprisonment: And this shall be a sufficient Warrant in that Behalf.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 22^um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.