Decemb.

notes failed, they called to Mr. Brown, clerk of their House, for his. But at last, finding him very ready and quick for anything that was charged against me, but loth to be known what answer I gave to any point, some Lords observed it. And it did after appear, that the notes which he put to the Lords, were not the notes which himself took, but that he had a copy given him, (whether by Mr. Pryn or any other, I know not,) and I was informed that the Earl of Warwick had another copy of the very same. This is marvellous (265) just and honourable in that Earl: and most christianlike in Mr. Brown. It may be, he learned it out of the notes which his father-in-law takes at sermons.

Upon Monday, December 16, there was (the times con16, 1644. sidered) a very full House of Lords; about twenty present, and my business largely debated, and ready to come to the question. I wish with all my heart it had, while the House was so full. But the Earl of Pembroke fell again into his wonted violence: and asked the Lords what they stuck at? And added; 'What, shall we think the House of Commons had no conscience in passing this ordinance? Yes, they knew well enough what they did.' One of the wits hearing this excellent passage of the Earl's, protested, if ever he lived

"Die Veneris, 6o die Decembris.
"The House was adjourned during
pleasure to take into debate the Ordi-
nance, &c., and to consider of the
evidence."

"Die Sabbati, 7° die Decembris.

"The House was adjourned into a y Committee during pleasure, to consider of the evidence against the Archbishop of Canterbury.

"The House being resumed, it is
ordered, That this House will proceed
in this business, on Monday morning
next, at nine o'clock; at which time
their Lordships are to have notice to
attend the House."

"Die Lunæ, 9° die Decembris.
"The House was adjourned into a
Committee, &c.

"The House being resumed, it is
ordered to be taken into consideration
to-morrow morning, at nine of the
clock."

"Die Jovis, 12° die Decembris.

"The House was adjourned into a Committee, &c.

"The House being resumed, it was

moved, That it be desired of the House of Commons, that, having heard the Counsel of the Archbishop in point of law, concerning the Archbishop's charge, their Lordships might hear by some whom they shall appoint to make good the charge in point of law. "And it is ordered."

"Die Veneris, 13° die Decembris. "Ordered, That this House will take into consideration the Archbishop of Canterbury's business to-morrow morning, and the Lords are to have notice to attend this House."

"Die Sabbati, 14° die Decembris. "The House was adjourned during pleasure into a Committee, &c.

"The House being resumed, the House resolved to send to the House of Commons, to desire that their Lordships may hear them in point of law, in answer to the reply of the Counsel of the Archbishop."]

k

["Die Lunæ, 16° die Decembris. "The House was adjourned into a Committee, &c."]

to sce a Parliament in Bedlam, this prudent Earl should be Speaker, if he were able to procure him the place.

17.

In the meantime this unhappy clamour of his put the Decemb. business off again to the next day, being Tuesday; then there were but fourteen Lords in the House. My business was assumed, and proposed in three questions, and I was voted guilty of the fact in all three. Namely, guilty of endeavouring to subvert the laws; to overthrow the Protestant religion; and that I was an enemy to Parliaments. Then it being put to the judges, whether this were treason or no; the judges unanimously declared, that nothing which * was charged against me was treason, by any known and below established law of the land, with many things to and fro concerning this business ".

On Tuesday, Christmas-eve, the Lords had a Conference Decemb. with the Commons about it". In which they declared, that

'['of the fact' in margin.]

' [Die Martis, 17o die Decembris. "The House took into consideration, whether in their consciences, upon the proofs which they have heard, the matter of fact charged in the Ordinance for the Attainder of the Archbishop of Canterbury of high treason, be proved or not?

"And, after a mature debate, these particulars were voted: videlicet,

"1. Whether Will. Laud, Archbishop of Canterbury, hath endcavoured to subvert the fundamental laws and government of the kingdom of England; and instead thereof, to introduce an arbitrary and tyrannical government against law.

"And it was resolved in the affirmative.

"2. Whether he hath endeavoured to alter and subvert God's truc religion, by law established in this realm; and, instead thereof, to set up Popish superstition and idolatry?

"And it was resolved in the affirmative, nemine contradicente.

"3. Whether he hath endeavoured to subvert the rights of Parliaments, and the ancient course of Parliamentary proceedings, and by false and malicious slanders to incense his Majesty against Parliaments?

"And it was resolved in the affirmative."]

LAUD.-VOL. IV.

m [On the same day "it was moved, That the matters of fact charged against the Archbishop of Canterbury being voted to be proved, that the judges might deliver their opinions upon those votes in point of law, whether they were treason upon the whole matters voted?' And all the judges answered, "That they could deliver no opinion in this case, in point of treason by the law, because they could not deliver any opinion in point of treason, but what was particularly expressed to be treason in the statute of 25 Edw. III. cap. [ii.] And so referred it wholly to the judgment of this House.""]

n

[The proceedings previous to this Conference, are thus recorded in the Lords' Journals:

"Die Sabbati, 21o die Decembris.

"Ordered, That the business concerning the Archbishop of Canterbury shall be taken into consideration on Monday morning next, the first. business."

"Die Lunæ, 23° die Decembris.

"The House took into consideration the Ordinance for the Attainder of the Archbishop of Canterbury, and it was moved, That there might be a Conference with the House of Commons, to desire their Lordships might hear from them concerning the matter of law,

FE

24.

Decemb. 25.

they had diligently weighed all things that were charged against me, but could not by any one of them, or all, find me guilty of treason. And, therefore, desired that the argument made by my Counsel might be answered. And if it could be made appear unto them by any law, to be treason, they would then proceed further, as in honour and justice they should find fit. Then came Christmas-day, the last Wednesday in the month, and a most solemn fast kept on it, with as solemn an ordinance for the due observance of this fast, and against the manner of keeping of that day in former superstitious times. A fast never before heard of in Christendom'.

After this Conference, Mr. Sergeant Wild, speaking freely to some friends about this business, told them, 'he wondered the Lords should so much distrust their judgments, as to desire a conference about it.' To see how good wits agree! Surely, I believe he was of the Earl of Pembroke's counsel, or the Earl of his, they jump so together. It seems in these men's opinions, the House of Commons can neither err in [A passage here erased so as to be illegible.]

1

touching the Ordinance for Attainder
of the Archbishop of Canterbury.'

"And this question was put, Whe ther to proceed in the ordinance concerning the Archbishop of Canterbury, before a Conference had with the House of Commons concerning matter of law?' And it was resolved in the negative.

"Hereupon it is ordered to have a Conference with the House of Commons presently; and the Earl of Sarum, Earl of Stamford, Lord North, Lord Willoughby, and the Lord Howard, were appointed to draw up the subject-matter of this Conference.

"The Lord North reported from the Committee, the heads prepared for a Conference with the House of Commons, concerning the Ordinance touching the Archbishop of Canterbury; which was read, as followeth :

"The Ordinance that concerns the Archbishop of Canterbury, consisting of matter of fact, and the punishment therein applied importing treason, which, as divers Members of the House of Commons who lately

managed that cause well know, was by the counsel of the Archbishop strongly opposed; alleging the Statute of a Restraint of Treasons to be confined to the statute of the 25 Edw. III., with many other allegations and arguments whereby to exempt the Archbishop, upon all the crimes objected against him, from such height of punishment; all which remaining still with them as unanswered, the Lords have thought good to acquaint the House of Commons with their just scruple therein; which is such, as for the present, until further satisfaction, they cannot so freely consent unto the Ordinance. But they, as formerly in another way, so are now ready to receive what they will contribute herein.'

"The House approving of this, ordered, That this should be communicated to-morrow morning to the House of Commons, at a free Conference, and the Lord North is to manage the Conference.'"]

• [This Ordinance is recorded in Lords' Journals, Die Jovis, 19° die Decembris.]

conscience nor judgment. Howsoever, that House thought 443 it fit the Lords should be satisfied, that I was by law guilty

of high treason P. And to that end sent up a Committee,
Jan. 2, 1644, to make proof of it to their Lps. At this Jan. 2,
1643.
meeting two judges were present, Justice Reeves, and Judge
Bacon. The managers of the business against me, were
three lawyers, Mr. Brown, Sergeant Wild, and Mr. Nicolas.
Neither myself nor any of my counsel there. What this will
effect upon the Lords, time must discover, as it doth the
effects of other eclipses. And thus far I had proceeded in
this sad history by Jan. 3, 1644. The rest shall follow as it Jan. 3.
comes to my knowledge.

II. W.-Next day, the Archbishop receiving the news, that the
Bill of Attainder had passed in the House of Lords, broke
off his History, and prepared himself for death. I shall
therefore supply the history from the accounts of Mr. Rush-
worth, and Dr. Heylin.

[The House of Commons sent up a message on Jan. 1, to desire a free Conference concerning the Archbishop of Canterbury, and their Lordships agreed to give a free Conference the next morning at nine o'clock.]

[The only record of this proceed

ing in the Lords' Journals is the
following:-

"The House was adjourned during
pleasure, and the Lords went to the
Conference concerning the Arch-
bishop of Canterbury; which being
ended, the House was resumed."]

A SHORT

SUPPLEMENT TO THE PRECEDING HISTORY,

TAKEN FROM THE

HISTORICAL COLLECTIONS OF JOHN RUSHWORTH,

PAR. III. VOL. II. P. 834.

THE reasons of the Commons for the attainder of the Archbishop were, at a conference, Jan. 2, by Sergeant Wild, Mr. Brown, and Mr. Nicolas, communicated to the Lords";