House of Lords Journal Volume 10: 18 October 1648

DIE Mercurii, 18; die Octobris.

PRAYERS, by Mr. Salwey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Conisby, Glover, & al. sent for, for preventing North from cutting Timber on Mims Common.

Upon reading the Petition of Roger North Esquire, and also the Affidavit of Edward Radford:

(Here enter it.)

It is Ordered, That Thomas Conisby, and such others named in the said Affidavit as are most eminent in the Matter of Contempt to the Orders of this House, shall be attached, by the Gentleman Usher attending this House, and brought before the Lords in Parliament, and to answer their Contempts.

Votes for calling Serjeants at Law.

Next, the House considered of the Votes for making Serjeants at Law and Judges; and passed these Votes following:

Resolved,

That a Writ issue forth, to call Sir Thomas Widdrington to be a Serjeant at Law.

Memorandum, That this House declares, That, if Sir Tho. Widdrington desires, he may have a Supersedeas to this Writ.

Resolved,

That a Writ issue forth, to call Sir Tho. Beddingfield to be a Serjeant at Law.

Resolved,

That a Writ issue forth, to call Mr. Keeble to be a Serjeant at Law.

Resolved,

That a Writ issue forth, to call Mr. Thorpe to be a Serjeant at Law.

Resolved,

That a Writ issue forth, to call Mr. John Bradshawe to be a Serjeant at Law.

Resolved,

That a Writ issue forth, to call Oliver St. John Esquire, His Majesty's Solicitor General, to be a Serjeant at Law.

Resolved,

That a Writ issue forth, to call Mr. Samuell Browne to be a Serjeant at Law.

Resolved,

That a Writ issue forth, to call John Glyn Esquire, the Recorder of London, to be a Serjeant at Law.

Resolved,

That a Writ issue forth, to call Mr. Erle to be a Serjeant at Law.

Resolved,

That a Writ issue forth, to call Mr. Bulstrod Whitlock to be a Serjeant at Law.

Memorandum, That this House declares, That, if Mr. Whitlocke desires it, he may have a Supersedeas to this Writ.

Resolved,

That a Writ issue forth, to call Mr. Conyers to be a Serjeant at Law.

Resolved,

That a Writ issue forth, to call Mr. Puliston to be a Serjeant at Law.

Resolved,

That a Writ issue forth, to call Mr. Chapman to be a Serjeant at Law.

Resolved,

That a Writ issue forth, to call Mr. Gates to be a Serjeant at Law.

Resolved,

That a Writ issue forth, to call Mr. Wm. Littleton to be a Serjeant at Law.

Resolved,

That the Commissioners of the Great Seal do issue forth Writs, returnable in usual Form, for the Call of the said Gentlemen to be Serjeants accordingly.

Votes for appointing Judges.

The Vote for Mr. Justice Rolle to be Chief Justice of the King's Bench, is respited for a few Days.

Resolved,

That Oliver St. Johns Esquire, the Solicitor General, be appointed Chief Justice of the Common Pleas.

The Vote for Mr. Serjeant Wyld (fn. 1) to be appointed Chief Baron of the Exchequer, is respited for some Days.

Resolved,

That Mr. Serjeant Jermyn be appointed One of the Justices of the King's Bench.

The Vote for Mr. Sam. Browne to be One of the Justices of the King's Bench, is respited for some Days.

Resolved,

That Sir Thomas Beddingfield be appointed One of the Justices of the Common Pleas.

Resolved,

That Mr. Gates be appointed One of the Barons of the Exchequer.

The Vote for Mr. Whitlocke to be Attorney of the Dutchy, is respited.

Prideaux to be Solicitor General.

Resolved, That Mr. Edmond Prideaux be appointed His Majesty's Solicitor General.

The Vote for Sir Tho. Widdrington and Mr. Whitlocke to be King's Serjeants, is respited.

Letter to the Commissioners with the King, to proceed in the Treaty.

The Letter to the Commissioners in the Isle of Wight, was read, and approved of; and ordered to be sent to the House of Commons, for Concurrence:

"My Lords and Gentlemen,

"The Houses have received your Letter, and the Papers inclosed, by Sir Peter Killegrew; and return you Thanks, for your Care and Diligence; and desire you to proceed on in the Treaty, with what Expedition you may, according to your Instructions. This is all we have in Command."

This is to be signed by both Speakers.

Sir Henry Cholmley's Order.

The Order for Two Hundred Pounds to Sir Henry Chomeley, to buy him Horses, was read, and Agreed to.

(Here enter it.)

Message to the H. C. with the Letter to the Commissioners;-to remind them of the E. of Nottingham's Petition;-and with Doctor Bastwick's.

A Message was sent to the House of Commons; by Doctor Aylett and Mr. Hakewill:

1. To put them in Mind of the Petition of the Earl of Nottingham, and desire that they would give speedy Expedition for my Lord's Satisfaction therein.

2. To recommend to them the Petition of Doctor Bastwicke.

3. To desire their Concurrence in the Letter to the Commissioners in the Isle of Wight.

Gregory and Symes.

Ordered, That the Errors between Gregory, &c. and Symes shall be argued, by Counsel on both Sides, the 4th of December next.

Herbert and Whitacres, concerning the Printing of L. Herbert's Works.

Upon hearing the Counsel of Mr. Herbert and Mr. Whitacres, concerning the Printing of the Lord Herbert's History of H. VIII.

It is Ordered, To be referred to the Lord North and the Executors of the Lord Herbert lately deceased, to make an Agreement between the said Mr. Herbert and Mr. Whitacres, if they can; if not, to report the same to this House; and in the mean Time, Mr. Whitacres is to suspend any further Printing of the said History.

Order for 400 l. to Sir H. Cholmeley.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Two Hundred Pounds be bestowed upon Sir Henry Cholmeley, to buy him Horses; and that the said Sum of Two Hundred Pounds be paid unto the said Sir Henry Cholmely, or his Assignee, by the Committee for Sequestrations in the County of Yorke, out of the First Monies that shall come in upon the Sequestrations of the Estates of the new Delinquents of that County, in the late Engagements lying in that County; and that the Acquittance of the said Sir Henry Cholmely, or his Assignee, shall be a sufficient Warrant and Discharge for the Payment of the said Two Hundred Pounds accordingly."

Affidavit of the Contempt of Conisby, Glover, & al. to the Order of this House, for North to cut Timber on Mims Common.

"Edward Radford maketh Oath, That he was present at Mims Common, Monday the 8th of this Instant May, when the Workmen of Roger North Esquire, in Pursuance of your Lordships Order of the 28th April last, were selling the Trees upon the said Common, and thereupon a great Multitude of Men and Women, to the Number of about Two Hundred, did come in a most riotous Manner, weaponed, some with Muskets, having also a Drum with them, and a Red Cloth for their Colours, and did assault the said Workmen, and did force them from their said Work, pursuing them near a Mile; and, overtaking One of them, being an aged Man, took away his Tools, and did in a most barbarous Manner beat him, that he did thereupon keep his Bed; and the same Day and the Day following they barked the Trees felled, and carried away the Lops and Bark, and did fell another Timber Tree. And this Deponent faith, That among the said Rioters were Edward Glover, John James, Thomas James, Hugh Todd, Thomas Collins, Richard May, John Goddard, Thomas Pursey Junior, John Roberts, Wm. Pratchett, Harrington Bickley, and Joseph Anderson. And this Deponent also faith, That the said Edward Glover, being shewed the said Order, and reading a Copy thereof, did publicly wipe his Breech with the said Copy, saying, "That he cared not a Fart for it; there was but Jacke Browne to it." And also the said Joseph Anderson, Bailiff to Mr. Thomas Conisby, and his Son, said, "That they cared not a Fart for the Lords Order," the same being shewed unto him. And the said Thomas James carried their said Colours, and went from Place to Place with the Drum, to call the Company together; and did also wipe his Breech with a Copy of the said Order. And said, "he would be the Death of this Deponent," knowing him to be employed for the said Mr. North. And this Deponent further maketh Oath, That the said Mr. Thomas Conisby was, at the Time of the said Riot, in the House of the said John James, being upon the said Common, as this Deponent believeth; and purposely, as this Deponent hath also heard, and doth believe, to countenance and abet the said Riot.

"E. R.

"Jurat. 15 Die Maii, 1648.

"Edm. Rich."