House of Lords Journal Volume 10: 23 December 1648

DIE Sabbati, 23 die Decembris.

PRAYERS, by Mr. Salwey.

Domini præsentes fuerunt:

Comes Denbigh, Speaker.

Message from the H. C. with an Order;—about the Sheriff of Oxford;—and with a Letter from L. Fairfax, about L. Willoughby's Money.

A Message was brought from the House of Commons, by Sir John D'anvers, &c.; who brought up these Particulars, wherein they desire their Lordships Concurrence:

1. An Order for adding some Men, Members of the House of Commons, to the Committee for Sequestrations. (Here enter it.)

Agreed to.

2. To put their Lordships in Mind of the Sheriff for the County of Oxford.

3. To communicate a Letter of the General's, sent to the House of Commons, concerning the Lord Willoughbye's Money, appointed for the Lancashire (fn. 1) Forces.

The Answer returned was:

Answer.

That this House agrees to the adding of the Persons to the Committee for Sequestrations, and have passed the Sheriff for Oxfordshire; and as touching the Business of the Lord General's Letter, the Lords will give a present Conference about it.

Answer from the H. C.

Doctor Aylett and Doctor Heath return with this Answer from the House of Commons:

That they agree to the Addition in the Ordinance concerning Lieutenant Colonel John Lylburne: (Here enter it.) And will give a Conference, as is desired: To the rest, they will send an Answer by Messengers of their own.

Perchard and Roland.

The Lord Chief Justice of the King's Bench reported, "That, according to the Order of the 5th September last, the Judges have heard the Counsel of John Percherd Plaintiff, and Roland Defendant; and the Parties, by Agreement, have referred the Determination of the Difference between them to Six Persons, videlicet, John Cary Gentleman, Peter Cary Gentleman, John Brobough Gentleman, Joseph Gaslyn Gentleman, Michaell d'Somenis Gentleman, Jo. Bonamy Gentleman; and if they cannot agree the Business, then they are to choose a Seventh Man, finally to end the Business:"

Which this House ordered the same accordingly; and that the Decree and other Proceedings (fn. 2) do stand in the mean Time as now they are.

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

Petition from the Court of Aldermen.

A Petition, delivered by Alderman Gibbs and other Aldermen, from the Lord Mayor and Aldermen of the City of London, was read. (Here enter it.)

Ordered, That this Petition shall be taken into Consideration on Thursday next.

Answer to them.

The Speaker returned this Answer to the Aldermen:

"That as (fn. 3) this House hath been always ready to preserve the Liberty of the City of London, so shall they still be; and will take this Petition into Consideration forthwith for the furthering of their Good and Welfare to the uttermost of their Power."

Persons added to the Committee of Sequestrations.

"Ordered, by the Lords and Commons assembled in Parliament, That Mr. Love and Mr. Lilliborne Long be added to the Committee of Lords and Commons for Sequestrations, in the Room of Mr. Solicitor St. Johns and Mr. Samuell Browne.

"Ordered, by the Lords and Commons assembled in Parliament, That Colonel Stapeley and Sir James Harrington be added to the Committee of Lords and Commons for Sequestrations."

Absent Lords summoned.

Ordered, &c. That all Lords within the late Lines of Communication, and Twenty Miles Distance, being to fit in Parliament, do peremptorily make their Appearance in the House of Peers on Thursday Morning next, to attend the great Affairs of this Kingdom, relating in an extraordinary Manner to all the Peerage of Engl'd; and that all Lords that shall not then appear, or send such Reasons of their Absence to this House as shall satisfy the House, shall be taken into further Consideration as may most stand with the Honour and Dignity of the House of Peers: And it is further Ordered, That all such Lords as are beyond the Distance of Twenty Miles from London shall make their Appearance as aforesaid within Fourteen Days after the Sight hereof.

The Names of such as are to be summoned to the House on Thursday the 28th of December, 1648, at Ten of the Clock in the Morning.

Petition from the Court of Aldermen, desiring Liberty in choosing their Officers, not withstanding the Restrictions in the Ordinances lately passed about them:

To the Right Honourable the Lords in Parliament assembled.

The humble Petition of the Lord Mayor and Aldermen of the City of London;

"Sheweth,

"That whereas the Honourable Houses of Parliament were pleased to pass an Ordinance, of the 20th of December Instant, that no Person whatsoever, that subscribed, promoted, or abetted, any Engagement in the Year 1648, relating to a Personal Treaty with the King in London, should be elected, chosen, or put, into any of the Offices or Places expressed in another Ordinance of the 18th of this Instant December, under the Penalty therein contained.

"And whereas, in July last, divers of the Field Officers and other Commanders of the Trained Bands of the City did petition the Common Council, to present unto both Houses of Parliament their then annexed Petition, touching a Personal Treaty with the King by them desired to be in London, with which the said Court did concur; and, by their Petition, did present the same to the Honourable Houses of Parliament, referring the Matter contained therein to the Wisdom of the said Honourable Houses; and thereupon a Committee of the Honourable House of Commons was appointed, and did confer with a Committee appointed by Common Council for that Business: Upon which Conference, the Committee of Common Council did apprehend, that the Committee of Parliament were not satisfied with the Undertaking of the Common Council, for the Safety of the King and Parliament, in case the Treaty should be in London, for that they did reckon them (in this Case) but as so many Persons undertaking for themselves, and not in a Capacity to oblige the rest of the Citizens therein; whereupon, for better Satisfaction of the said Houses of Parliament (and for no other Cause), the said Common Council did appoint a Subscription to be taken, of all the Inhabitants within the City, for their joining with the Common Council in that Engagement; which took such general Effect, as that, by reason of the Restrictions of the said Ordinance, there are not Persons to be found fit for the Undertaking and Performance of the Places of Deputies, Common Council Men, Inquest-men, Jury-men, Constables, Scavengers, and other fit Persons for making Assessments and Collections of Monies for the Supply of the Army under the Command of his Excellency the Lord Fairefax: By reason of all which, the City and Government thereof is left in a very distracted Condition, and deprived of its ancient Government, settled by Custom, granted by Charters, and confirmed by divers Acts of Parliament, and rendered unable to perform their Duty to the Parliament, or to preserve themselves.

"For Remedy whereof, the Petitioners do humbly pray, That the said Ordinance may be again taken into such Consideration, as that they may have Liberty to elect such honest, able, and well-affected Persons; as may be fit to perform the several Offices and Duties before mentioned.

"And they shall humbly pray, &c.

"Michel."

Persons to present it.

"Reynardson, Mayor.

Cur Sp'ial. tent. Die Sab'ti, 23 Die Decembr. 1648.

"It is Ordered, by this Court, That Mr. Alderman Gibbs, Mr. Alderman Kendrick, Mr. Alderman Edmonds, Mr. Alderman Bide, Mr. Alderman Vyner, and Mr. Alderman Bateman, shall forthwith this Forenoon make their Address unto both Houses of Parliament, and present unto the same the Petition, intituled, "The humble Petition of the Lord Mayor and Aldermen of this City," now agreed upon.

"Michel."

Ordinance for 3000l. to Lt. Col. Lylburn.

"An Ordinance of the Lords and Commons assembled in Parliament, for raising of Three Thousand Pounds, out of the sequestered Estates and Compositions of Sir Henry Gibb Knight, and Sir Henry Bellingham Knight and Baronet, and Thomas Bowes Esquire, lying and being within the County of Durham, to be paid unto Lieutenant Colonel John Lilburne, by the Committee of Sequestrations of the said County, for and towards the Reparation and Damages of the said John Lilburne, which he sustained by virtue and colour of Two unjust Sentences or Decrees given and made against him in the late Court of Starchamber, the one the 13th of February, 1637, and the other the 18th April, 1638.

(fn. 4) Past H C. 2-1 Instant.

"Whereas the Cause of Lieutenant Colonel John Lilburne, concerning Two Sentences pronounced against him in the late Court of Star-chamber, 13th February, 13° Carol. Regis, and the 18th April, 14° Carol. Regis (which were voted, the 4th of May, 1641, by the House of Commons, to be illegal, and against the Liberty of the Subject, and also bloody, wicked, cruel, barbarous, and tyrannical), were transmitted from the said House of Commons unto the House of Lords, in which the House of Peers concurred in Judgement, and, the 13th of February, 1645, declared the said Proceedings of the said Star-chamber, against the said John Lilborne, to be illegal, and most unjust, and against the Liberty of the Subject and Law of the Land, and Magna Charta, and unfit to continue upon Record, &c.: The said Lords and Commons, taking into their serious Consideration the extraordinary Sufferings and barbarous Tyranny, that, by colour of the said unjust Decrees, were inflicted upon the said Lieutenant Colonel John Lilburne, and the long Time hitherto elapsed without any Satisfaction, do conceive it most just, equitable, and reasonable, to repair him in some considerable Manner; and therefore, and in Pursuance of Two Orders of the House of Commons, One of the Two and Twentieth of August, 1648, and the other the 5th of September, 1648, have ordained, and be it hereby Ordained by the Lords and Commons assembled in Parliament, and by the Authority of the same, That the said John Lilburne shall have and receive the Sum of Three Thousand Pounds, to be paid, unto him or his Assigns, by the Committee of Sequestrations for the County of Durham, out of the First Profits of the sequestered Estates, both Lands and Goods, of Sir Henry Gibb Knight, Sir Henry Bellingham Knight and Baronet, and Thomas Bowes Esquire, lying and being in the County of Durham, having been all active in the late Northern Insurrections, and aiding and assisting to the most wicked Invasion of Duke Hamilton: And the said Committee are hereby authorized to sell all such Woods, except Timber Trees now standing, as may conveniently be spared, and now standing upon the said Lands (or already felled) or any of them; and if the said Sir Henry Gibb, Sir Henry Bellingham, and Thomas Bowes, or any of them, shall compound for their Estates, so much of the said Three Thousand Pounds as then shall remain unsatisfied shall be paid to the said John Lilburne, or his Assigns, out of their or the First of their Compositions: And this Ordinance, or Copy thereof, attested under the Hand or Hands of the Clerk or Clerks of One or both Houses of Parliament, shall be a sufficient Warrant to the said Committee of Sequestrations in the said County of Durham, to pay the said Three Thousand Pounds as is before expressed, unto the said John Lilburne, or his Assigns; and likewise to indemnify and save harmless all and every Person or Persons that shall any Way act in the Performance of the true Intent and Meaning of this Ordinance."

Adjourn.

House adjourned till 10^a Tuesday Morning next.