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Diary of Samuel Pepys — Volume 59: November 1667 by Samuel Pepys
page 25 of 37 (67%)
Lord Chancellor, the Reasons were so bad, that my Lord Bristoll himself
did declare that he would not stand to what he had, and did still, advise
the Lords to concur to, upon any of the Reasons of the House of Commons;
but if it was put to the question whether it should be done on their
Reasons, he would be against them; and indeed it seems the
Reasons--however they come to escape the House of Commons, which shews how
slightly the greatest matters are done in this world, and even in
Parliaments were none of them of strength, but the principle of them
untrue; they saying, that where any man is brought before a judge, accused
of Treason in general, without specifying the particular, the judge do
there constantly and is obliged to commit him. Whereas the question being
put by the Lords to my Lord Keeper, he said that quite the contrary was
true: and then, in the Sixth Article (I will get a copy of them if I can)
there are two or three things strangely asserted to the diminishing of the
King's power, as is said, at least things that heretofore would not have
been heard of. But then the question being put among the Lords, as my
Lord Bristoll advised, whether, upon the whole matter and Reasons that had
been laid before them, they would commit my Lord Clarendon, it was carried
five to one against it; there being but three Bishops against him, of whom
Cosens and Dr. Reynolds were two, and I know not the third. This made the
opposite Lords, as Bristoll and Buckingham, so mad, that they declared and
protested against it, speaking very broad that there was mutiny and
rebellion in the hearts of the Lords, and that they desired they might
enter their dissents, which they did do, in great fury. So that upon the
Lords sending to the Commons, as I am told, to have a conference for them
to give their answer to the Commons's Reasons, the Commons did desire a
free conference: but the Lords do deny it; and the reason is, that they
hold not the Commons any Court, but that themselves only are a Court, and
the Chief Court of judicature, and therefore are not to dispute the laws
and method of their own Court with them that are none, and so will not
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