House of Lords Journal Volume 10: 25 April 1648

DIE Martis, 25 die Aprilis.

PRAYERS, by Mr. Corbett.

Domini præsentes fuerunt:

Comes Denbigh, Speaker this Day.

Registers of Chancery, Ordinance.

The Ordinance for making Mr. Corbett and Mr. Rob't Goodwin Registers of the Chancery, was read, and Agreed to. (Here enter it.)

Message from the H. C. for a Conference about the Captain of the Antelope.

A Message was brought from the House of Commons, by Sir Rob't Pye, &c.

To desire a Conference, touching the Commander of the Ship Antilope.

The Answer returned was:

Answer.

That this House appoints a Conference this Day, at Twelve of the Clock, in the Painted Chamber, concerning the Matter desired by them.

Causes in Error to be argued.

ORDERED, That the Writs of Error, between Jo. Burrowes and Rob't Trippet, and between Tymothy Browninge and Wm. Stanbury, and between Ric'd Bovett and Sir Jo. Savill, shall be argued, by Counsel on both Sides, the 11th of May next.

L. Roberts to attend.

Ordered, That the Lord Roberts shall be summoned to give his Attendance on this House forthwith, and not to depart without Leave of the House.

Judges to attend.

Ordered, That the Judges, when they rise from the Courts in Westm. Hall, shall give their Attendance on this House, if the House be fitting.

Ordinance for Ely House, for maimed Soldiers:

An Ordinance concerning Ely House to be appointed for the Use of the maimed Soldiers, was read the Second Time.

Then was read a Release of Edw. Birkhead, as followeth:

Birkhead's Release for it.

"I do hereby release any former Contract made for Ely House, to the End it may be delivered up to the Treasurers for maimed Soldiers, to be employed according to Order of the House of Commons, made the 14th Day of this Instant April.

"Dat. 17& Die April. 1648.

"Edw. Birkheade."

Then (fn. 1) the said Ordinance was read the Third Time, and Agreed to. (Here enter it.)

Alderman Adams at the Bar, and refused to kneel:

Next, Alderman Adams was brought to this Bar, to receive his Charge of High Treason, and other High Crimes and Misdemeanors, brought up from the House of Commons against him.

And he being commanded by the House to kneel as a Delinquent, he desired to be excused from Kneeling.

Which Answer the House took for a Contempt to this High Court; commanded him to withdraw; and for his said high Contempt fined him, the said Alderman Adams, Five Hundred Pounds to our Sovereign Lord the King, to be estreated into the Exchequer, and levied forthwith.

Fined for his Contempt:

Then he was called in again; and the Speaker told him, "That their Lordships had fined him Five Hundred Pounds, for his high Contempt to this House, in refusing to kneel at this Bar."

And then the House commanded his Charge to be publicly read unto him; which was accordingly done.

To put in his Answer:

Then the Speaker told him, "he should have a Copy of his Charge, if he desired to have a Copy of it, and Counsel assigned him:"

Which was accordingly ordered; and if on Thursday he give in the Names of such as he shall desire to be assigned him of Counsel, then he shall have a Day set him to put in his Answer to his Charge.

Acknowledges a Paper, delivered to the Lieutenant of The Tower.

Next, was shewed him a Paper, which the Lieutenant of The Tower delivered by him (fn. 2) to this House, which was sent to him from Mr. Alderman Adams.

And the Speaker asked him, "Whether the Handwriting now shewed him be his Hand-writing or not; and whether he will avow the Contents of it?"

His Answer was, "That he did acknowledge the Hand-writing to be his, and avowed the Matter therein contained."

Committed to The Tower.

Ordered, That Alderman Addams shall stand committed to The Tower of London, upon the Charge of High Treason, and other High Crimes and Misdemeanors, brought up from the House of Commons against him, there to remain during the further Pleasure of this House.

Message from the H. C. with a Declaration for the Fast.

A Message was brought from the House of Commons, by Mr. Zouch Tate; who brought up a Declaration, to be made Use of To-morrow at the Public Fast, wherein their Lordships Concurrence is desired.

(Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House (fn. 3) agrees to the Declaration now brought up.

Alderman Langham at the Bar, and refuses to kneel:

Next, Alderman Langham was called to the Bar, to receive his Charge of Impeachment of High Treason, and other High Crimes and Misdemeanors, brought up from the House of Commons against him.

And being commanded by the House to kneel as a Delinquent, he desired to be excused from Kneeling.

Whereupon the House commanded him to withdraw; and fined him, the said Alderman John Langham, Five Hundred Pounds, to the King, for his said Contempt to this High Court; and ordered the same to be presently estreated into the Exchequer, and levied.

Fined for his Contempt:

He being called in again, the Speaker told him, That the House hath taken great Offence, for his Contempt offered to this House, in refusing to kneel; for which their Lordships have fined him Five Hundred Pounds."

And then the House commanded his Articles of Impeachment to be read publicly; which accordingly was done.

Refuses Counsel, and a Copy of his Charge:

Then the Speaker told him, "he might have a Copy of his Charge, and Counsel assigned him, if he desired it."

He said, "He did not desire a Copy, nor Counsel to be assigned him."

Acknowledges a Paper:

The Speaker shewed him a Paper; and asked him, "Whether it was his Hand-writing; and whether he will justify the Matter of it?"

He confessed the Hand-writing, both of the Name and of the whole Matter of the Paper, to be his own Hand-writing; and he will justify the same.

Ordered, That if on Thursday next he presents the Names of such as he desires to be assigned of Counsel for him in this Cause, the House will then (fn. 4) consider of them; and that then he may have a Copy of his Charge, and a Time given him to answer.

Petition from him.

Alderman Langham delivered in a Petition; which was received.

Alderman Bunce at the Bar, and refuses to kneel:

Next, James Bunce, Alderman, was brought to the Bar, to receive his Charge of High Treason, and other High Crimes and Misdemeanors, brought up from the House of Commons against him.

And being commanded to kneel at the Bar, (fn. 5) as a Delinquent, he desired to be excused from Kneeling.

Whereupon the House commanded him to withdraw; and fined him, the said James Bunce Alderman, to the King, for his said high Contempt to this Court, Five Hundred Pounds; and ordered the same to be presently estreated into the Exchequer, and levied.

Fined for his Contempt:

He being called in again, the Speaker told him, "That the House hath taken great Offence, for his Contempt offered to this House, in refusing to kneel; for which their Lordships have fined him Five Hundred Pounds."

And then the House commanded his Articles of Impeachment to be read publicly; which accordingly was done.

Then the Speaker told him, "That if he would have a Copy of this Charge, and Counsel assigned him, he should have it."

Acknowledges a Paper:

The Speaker shewed him a Paper; and asked him, "Whether he would avow the Matter in it, and the Hand-writing to be his?"

Which he did both.

He delivered in a Petition; which was received.

To put in his Answer.

Ordered, That if upon Thursday next Alderman Bunce do present the Names of such as he desires to be assigned of Counsel for him in this Cause, this House will consider of them; and that then he may have a Copy of his Charge, and a Time given him to answer the same.

Ald. Langham and Bunce committed.

Ordered, That Alderman John Langham and Alderman James Bunce shall stand committed by this House to The Tower of London, upon their several Impeachments brought up from the House of Commons against them, there to remain during the Pleasure of this House.

Report of the Conference about the Captain of The Antelope:

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

And the Speaker reported the Matter of the Conference; which was, "That whereas Captain Hall was put in to be Master of the Ship The Antilope, but their Lordships put him out, and put in Captain Ben. Crandly in his Place; but the House of Commons adhere to the Choice of Captain Hall to be Captain; and they desire their Lordships Concurrence therein."

Capt. Hall to command her.

The Question being put, "Whether to agree with the House of Commons, for Captain Hall to be Master of The Antilope?"

It was Resolved in the Affirmative.

Letter to L. Fairfax.

A Letter was read, to be sent to the Lord Fairfax, for preserving the Wardrobe in The Tower of London, and Agreed to.

(Here enter it.)

Message to the H. C. for Blands Title to the Receiver's Place for Yorkshire, to be tried.

A Message was sent to the House of Commons, by Doctor Heath and Mr. Eltonheade:

To desire that the Members of the House of Commons that are of the Committee of the Revenue may have Power to join with the Lords of that Committee, to put the Title of Thomas and John Bland to the Receivership of Yorkshire into a Course whereby it may have a Trial at Law; and that, in the mean Time, the said Committee may appoint a Third Person, to execute the Place, and receive and gather up the Rents of that Receipt, until the said Title be determined at Law: And this to be without Prejudice to the Title that is to be tried.

Corbet and Goodwin to be Registers in Chancery.

"Ordered, by the Lords and Commons in Parliament assembled, That Miles Corbett do execute the Place and Office of Register in the Court of Chancery, in the Name of himself and Mr. Robert Goodwin, and receive the Profits of the said Office, until the Houses take further Order."

Ely House for maimed Soldiers.

"Ordered, by the Lords and Commons assembled in Parliament, That the maimed Soldiers shall have the present Use of Ely House, for One Year, at such reasonable Rent as the Treasurers for maimed Soldiers and Contractors of the Bishops Lands shall agree upon; the said Rent to be paid by the State, and to be charged upon Habberdash'rs (fn. 6) Hall."

Declaration to be made on the Day of Humiliation.

"Whatsoever Dangers are threatened or feared, either by Divisions amongst ourselves, or Practices from Enemies abroad, we have Assurance out of the Word of God, that we are not in the least Danger, if God Almighty be not incensed against us for ourSins and Wickedness; which our Consciences testify that He is exceedingly, against every One of us in particular, and the Kingdom in general: Yet we believe, that if we do heartily and sincerely humble ourselves, and turn to the Lord, crying mightily to Him in servent Prayer, with a lively Faith in Christ, we shall certainly be delivered from all Evils and Dangers, and enjoy all needful Blessings and Benefits to the whole State and Kingdom: Therefore the several Ministers, within the City of London and Westm'r, and the late Lines of Communication, in their respective Congregations, are desired, upon this ensuing Day of Humiliation, being the 26th of this Instant April, earnestly to seek the Lord, who is the God of all Wisdom and Help, in much Mercy to this sinful and distracted Nation, so to direct and bless the Counsels and Proceedings of the Parliament at this present, that His heavy Judgements may be diverted from us, and Truth and Peace established throughout the Three Kingdoms.

"Ordered, by the Lords and Commons, That this Declaration be sent, by the Lord Mayor, to the several Ministers, in the several Congregations within the respective Places aforesaid."

Letter to Ld. Fairfax, to preserve the Wardrobe in The Tower.

"Right Honourable,

"We being given to understand that, according to an Order of Parliament, for the Quartering of One Thousand of Foot and One Troop of Horse in The Tower of London, the Inhabitants are therefore warned to avoid their Houses, for the better Accommodation of the Soldiery; and amongst others this Bearer John Pegeon, Keeper of the Standing Wardrobe there, is warned out, and to leave his Charge: Your Lordship may be pleased to take Notice, that the Wardrobe there is of great Worth and Value, and he stands charged for all therein, the which can be no where in more Safety and Security than in the Wardrobe in The Tower: And being The Tower is of Capacity to quarter a far greater Number than is yet ordered, the Lords desire your Lordship to give Order that he may be continued there in his Habitation and Charge, as formerly."

Ald. Adams's Fine estreated:

"Carolus, Dei Gratiâ, Angl. Scotiæ, Franc. & Hib'niæ Rex, Fidei Defensor, &c. Dilecto sibi Joh'i Browne, Ar. Clerico Parliamentorum suorum, Salutem: Volentes, certis de Causis, certiorari super quodam Fine Quingentarum Librarum imposit. per Proceres in instanti Parliamento assemblat. super Thomam Adams, Civem & Ald'rm. London. pro Contemptu suo, in recusando seipsum submittere usuali Regulæ procedendi in eadem Curiâ, super quosdam Articulos per Communes in eodem Parliamento assemblat. versus ipsum exhibit. unde idem Thomas Adams de Altâ Proditione aliisque Criminibus & Malegestur. impetit. & onerat. existit; vobis mandamus, quod Finem prædictum in Scriptis redact. cum omnibus illis tangen. Nobis in Cancellar. Nostram, sub Sigillo vestro, distinctè & apertè, fine Dilatione, mittatis, & hoc Breve. Teste Meipso apud Westm. xxv Die Aprilis, Anno Regni Regis Vicesimo Quarto.

"Lenthall.

"Extractus Finis unde in Brevi huic Schedulæ annex. fit Mentio; videlicet,

"Die Martis, 25 April. 1648.

"Finis Quingentarum Librarum imposit. per Proceres in instanti Parliamento assemblat. super Thomam Adams, Civem & Ald'rm. London. pro Contemptu suo, in recusando seipsum submittere usuali Regulæ procedendi in eâdem Curiâ, super quosdam Articulos per Communes in eodem Parliamento assemblat. versus ipsum exhibit. unde idem Thomas Adams de Altâ Proditione aliisque Criminibus & Malegestur. impetit. & onerat. existit, assess. ad £. 500."

The like Writ as the abovesaid for John Langham, Alderman of London, mutatis mutandis.

Ald. Langham's;

"Extractus Finis unde in Brevi huic Schedulæ annex. fit Mentio; videlicet,

"Die Martis, 25 Apr. 1648.

"Finis Quingentarum Librarum imposit. per Proceres in instanti Parliamento assemblat. super Joh'em Langham, Civem & Ald'rm. London. pro Contemptu suo, in recusando seipsum submittere usuali Regulæ procedendi in eâdem Curiâ, super quosdam Articulos per Communes in eodem Parliamento assemblat. versus ipsum exhibit. unde idem Joh'es Langham de Altâ Proditione aliisque Criminibus & Malegestur. impetit. & onerat. existit, assess. ad £. 500."

The like Writ as the abovesaid for James Bunce, Alderman of London, mutatis mutandis.

and Alderm. Bunce's.

"Extractus Finis unde in Brevi huic Schedulæ annex. fit Mentio; videlicet,

"Die Martis, 25 Apr. 1648.

"Finis Quingentarum Librarum imposit. per Proceres in instanti Parliamento assemblat. super Jacobum Bunce, Civem & Ald'rm. London. pro Contemptu suo, in recusando seipsum submittere usuali Regulæ procedendi in eâdem Curiâ, super quosdam Articulos per Communes in eodem Parliamento assemblat. versus ipsum exhibit. unde idem Jacobus Bunce de Altâ Proditione aliisque Criminibus & Malegestur. impetit. & onerat. existit, assess. ad £. 500."

Adjourn.

House adjourned till 10^a, Thursday Morning next.