Die Martis 3° Junii, 1701. Report was made of an Answer, drawn by a Committee, to be fent to the House of Commons, to their Mef fage received the 31st of May laft, relating to the Impeachments now depending against the four Lords. And the first Paragraph being read, was agreed to. Then the fecond Paragraph was read as follows, viz. (And as the Lords do not controvert what Right the Commons may have of impeaching in general Terms, if they please, fo the Lords, in whom the Judicature does entirely refide, think themselves obliged to affert, that the Right of determining what is a due Time, in which the particular Articles of Impeachment ought to be exhibited, is lodged in them only.) It being propofed that an Amendment be made in this Paragraph, that inftead of the Words, viz. (determining what is a due Time in which the particular Articles of Impeachment ought to be exhibited, is lodged in them only) thefe Words may be inferted, (Limitting a convenient Time for bringing the particular Charge before them for avoiding Delay in Juftice, is lodged in them.) After Debate, the Question was put, Contents 43 whether the fecond Paragraph fo Not Cont. 27 amended shall stand? It was refolved in the Affirmative. Becaufe, we conceive, this Affertion is new. Diffentient Then the laft Paragraph was read as follows, viz. (The Lords hope the Commons, on their Part, will be as careful not to do any Thing that may tend to the Interruption of the good Correspondence between the Houfes, as the Lords fhall ever be on their Part; and the best Way to preferve that, is for neither of the two Houses to exceed thofe Limits which the Law and Cuftom of Parliaments have already established.) And after Debate, the Queftion was put, whether the laft Paragraph fhall stand? It was refolved in the Affirmative. Diffentient' Because we know not that the Law and Cuftom of Parliaments have eftabished any certain Limits. Marlborough, Tho. Roffen', Jonat. Exon', Abingdon, Weymouth, Granville, Jeffreys, Lexington, Lindsey, Plymouth, Lawarr, Hunfdon, Godolphin. Die Luna 9° Junii, 1701. It being moved to have a Conference with the Commons to let them know, that the Lords do not agree to a Committee of both Houfes in Relation to the Trials of the impeached Lords; after Debate thereupon, This Queftion was put, whether a Committee of this Houfe fhall be appointed to meet with a Committee of the House of Commons, in Relation to the Proceedings upon the Impeachments ? It was refolved in the Negative. Diffentient' Because the Lords, in the Year One thousand fix hundred feventy nine, confented to a Committee of Lords and Commons, for regulating the Trials, of the Popish Lords; and therefore the refufing to comply with the Commons in the fame Requeft at this Time will be (in our Opinion) a great Obstacle to the Trials of the impeached Lords. Somerset, Derby, Normanby, Denbigh, Godolphin. Die Mercurii 11° Junii, 1701. The Meffage received Yesterday from the House of Commons, was read; and after Debate of the feveral Particulars contained in it, This Queftion was propofed, that no Lord of Parliament, impeached of high Crimes and Misdemea. nors, and coming to his Trial, fhall, upon his Trial, be without the Bar. Then the previous Queftion was put, whether this Queftion fhall be now put? It was refolved in the Affirmative. Dissentient' Because however reasonable this Propofition may ap. pear to us, yet we conceive it very improper to determine it, before we have heard what the Commons can fay upon it. H. London, Jonat. Exon, Tho. Roffen', Rochester, Nottingham, Weymouth, Abingdon, Guilford, Torrington. Die Sabbati 14° Junii, 1701. A Meffage was fent to the House of Commons by Sir John Hofkins and Dr. Newton, to acquaint them, that upon the Occafion of their laft Meffage Yefterday, in order to continue a good Correfpondence between the Two Houses, their Lordships did immediately appoint a Committee to ftate the Matter of the free Conference, and alfo to infpect Precedents of what has happened of the like Nature; and that the publick Bufiness may receive no Interruption, the Time defired by their Lordfhips for renewing the free Conference being elapfed, their Lordships defire a prefent free Conference in the painted Chamber upon the Subject-matter of the laft free Conference. Diffentient' We We conceive it to be improper, and not agreeable to the Methods of Parliament, to fend for a fecond free Conference before the firft is determined, or that there is a Vote of the House paffed for infifting. Denbigh, Weymouth, Carnarvon, Dartmouth, Lawarr, Peterborow, H. London, - The Houfe being moved to infift not to have a Committee of both Houfes touching the Trials of the impeached Lords. After Debate thereupon, the Queftion was put, whether this Houfe fhall infift upon their Refolution of not allowing a Committee of both Houses ? It was refolved in the Affirmative. Diffentient' We conceive it to be improper, and not agreeable to the Methods of Parliament, to pass a Vote for infifting, before the first free Conference is determined; or if it be determined, as we conceive it is not, the Vote for infifting fhould have preceeded the Meffage for a second free Conference. Die Sabbati 21° Junii, 1701. The Anfwer of John Lord Haversham, to the Charge fent up against him by the Commons, having been fent down to that Houfe. It was propofed to refolve, that unless the faid Charge fhall be profecuted against the said Lord Haversham, with Effect, by the Commons, before the End of this Seffion of Parliament, the Lords will declare and adjudge him wholly innocent of the faid Charge. The Queftion was put, whether fuch a Refolution fhall be agreed to? It was refolved in the Affirmative. Diffentient 1ft, Because the Juftice of our Judgment of acquitting the Lord Somers depending on our Right to name a pe remptor remptory Day, I do conceive that by this Vote that Right is violated, the Commons being by it allowed to declare when they are ready to profecute, before any. Day is by us named. 2dly, Because having thought fit to name a Day for the Impeachment of the Lord Somers, to be confiftent to ourfelves, we ought to pursue the fame Methods: Nor does this, being a Charge only, alter the Cafe; for what is done in Matters of greater Moment may fafely be purfued in Cafes of lefs Concern. 3dly, Becaufe, to me, there does not feem any Need. of farther Prosecution on the Commons Part in this Matter, the Fact and the Nature of it being both fully before us : North and Grey. Die Luna 23. Junii, 1701. The House refumed the adjourned Debate upon the printed Votes of the House of Commons of the Twentieth Inftant. And 'twas refolved, upon the Question, that whatever ill Confequences may arife, from the fo long deferring the Supplies for this Year's Service, they are to be attributed the to fatal Counfel of putting off the meeting of a Parliament fo long, and to the unneceffary Delays of the House of Commons. Diffentient' Because tho', I humbly conceive, it is evident to all Englishmen, that nothing could be more fatal to the Interelt of Europe, to the Intereft of the Proteftant Reli gion, and the Safety of England, than the fo long Delay of the Meeting of a Parliament after the Death of the King of Spain, yet I cannot agree to the latter Part of this Vote, which lays Imputations of unneceffary Delays to this Houfe of Commons. Peterborough. Die Veneris 20° Februarii, 1701. Hodie За vice lecta eft Billa, entitled, An Act to attaint Mary, late Wife of the late King James, of High'Treafon. Contents |