The Diary of Samuel Pepys [374]
and instrumentall musick. Here was the King and Queene, and some of the ladies; among whom none more jolly than my Lady Buckingham, her Lord being once more a great man.
19th. I was told this day that Lory Hide, [Laurence Hyde, Master of the Robes, afterwards created Earl of Rochester.] second son of my Lord Chancellor, did some time since in the House say, that if he thought his father was guilty but of one of the things then said against him, he would be the first that should call for judgement against him: which Mr. Waller the poet did say was spoke like the old Roman, like Brutus, for its greatness and worthiness.
20th. This afternoon Mr. Mills told me how fully satisfactory my first Report was to the House in the business of Chatham: which I am glad to hear; and the more, for that I know that he is a great creature of Sir R. Brookes's.
21st. Among other things of news I do hear, that upon the reading of the House of Commons' Reasons of the manner of their proceedings in the business of my 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 shows 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 is obliged to commit him. 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 [John Cosins, Master of Peter House and Dean of Peterborough in the time of Charles I.; afterwards Bishop of Durham. Ob. 1671-2, aged 78.] and Dr. Reynolds [Edward Reynolds, Bishop of Norwich. Ob. 1676.] 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' 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 submit so much as to have their power disputed. And it is conceived that much of this eagerness among the Lords do arise from the fear some of them have that they may be dealt with in the same manner themselves, and therefore to stand upon it now. It seems my Lord Clarendon hath, as is said and believed, had his coach and horses several times in his coach, ready to carry him to the Tower, expecting a message to that purpose; but by this means his case is like to be laid by. With Creed to a Tavern, where Dean Wilkins and others: and good discourse; among the rest, of a man that is a little frantic (that hath been a kind of Minister, Dr. Wilkins saying that he hath read for him in his church), that is poor and a debauched man, that the College
19th. I was told this day that Lory Hide, [Laurence Hyde, Master of the Robes, afterwards created Earl of Rochester.] second son of my Lord Chancellor, did some time since in the House say, that if he thought his father was guilty but of one of the things then said against him, he would be the first that should call for judgement against him: which Mr. Waller the poet did say was spoke like the old Roman, like Brutus, for its greatness and worthiness.
20th. This afternoon Mr. Mills told me how fully satisfactory my first Report was to the House in the business of Chatham: which I am glad to hear; and the more, for that I know that he is a great creature of Sir R. Brookes's.
21st. Among other things of news I do hear, that upon the reading of the House of Commons' Reasons of the manner of their proceedings in the business of my 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 shows 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 is obliged to commit him. 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 [John Cosins, Master of Peter House and Dean of Peterborough in the time of Charles I.; afterwards Bishop of Durham. Ob. 1671-2, aged 78.] and Dr. Reynolds [Edward Reynolds, Bishop of Norwich. Ob. 1676.] 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' 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 submit so much as to have their power disputed. And it is conceived that much of this eagerness among the Lords do arise from the fear some of them have that they may be dealt with in the same manner themselves, and therefore to stand upon it now. It seems my Lord Clarendon hath, as is said and believed, had his coach and horses several times in his coach, ready to carry him to the Tower, expecting a message to that purpose; but by this means his case is like to be laid by. With Creed to a Tavern, where Dean Wilkins and others: and good discourse; among the rest, of a man that is a little frantic (that hath been a kind of Minister, Dr. Wilkins saying that he hath read for him in his church), that is poor and a debauched man, that the College