House of Lords Journal Volume 10: 1 February 1648

DIE Martis, 1 die Februarii.

PRAYERS, by Mr. Byfeild.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Sir Dudley North; who brought up an Ordinance for Addition of Means to the Minister of Cartlinge, in the County of Cambridge, wherein their Lordships Concurrence is desired. (Here enter it.)

Agreed to.

Articles of Impeachment against L. Willoughby.

The Articles brought from the House of Commons, against Francis Lord Willoughby, of High Treason, and other High Crimes and Misdemeanors, were read.

(Here enter them.)

Message from the H.C. with Ordinances and Orders.

A Message was brought from the House of Commons, by Sir Rob't Pye Knight, &c.; who brought up divers Particulars, wherein they desire their Lordships Concurrence:

1. An Ordinance for Seventy Thousand Pounds to be paid, out of the Excise, for the Navy.

(Here enter it.)

Agreed to.

2. An Order concerning Monies to be paid to the Scotch Officers. (Here enter it.)

Agreed to.

3. Divers Ordinances of Compositions of Delinquents Estates, passed at Gouldsmithes Hall.

The Answer returned was:

Answer.

That this House agrees to the Ordinance for Seventy Thousand Pounds for the Navy, and to the Ordinance concerning the Scotch Officers: To all the rest, this House will send an Answer by Messengers of their own.

Articles of Impeachment against Sir J. Maynard;

Next, the Articles of High Treason, and other High Crimes and Misdemeanors, against Sir John Maynard Knight of the Bath, brought up from the House of Commons, were read. (Here enter them.)

against the E. of Lincoln.

The Articles of High Treason, &c. against Theophilus Earl of Lyncolne, brought up from the House of Commons, were read. (Here enter them.)

E. of Suff. D°.

The Articles of High Treason, &c. against James Earl of Suffolke, were read. (Here enter them.)

E. of Midd. D°.

The Articles of High Treason, &c. against James Earl of Middlesex, were read. (Here enter them.)

L. Berkley, D°.

The Articles of High Treason, &c. against George Lord Berkley, were read. (Here enter them.)

L. Hunsdon, D°.

The Articles of High Treason, &c. against John Lord Hunsdon, were read. (Here enter them.)

L. Maynard, D°.

The Articles of High Treason, &c. against William Lord Maynard, were read. (Here enter them.)

Precedents of Impeachment.

It is Ordered, That the Precedent of the Impeachment of the Bishops be perused To-morrow Morning; and then this Business shall be further taken into Consideration.

Ly. Wild and the E. of Pemb. Smith & al.

Ordered, That the Cause between the Lady Welde and Wm. Smyth, and divers others, Creditors of the Earl of Cleaveland, upon Petition and Answer, shall be heard, at this Bar, on Tuesday the 8th of this Instant February; at which Time Parties concerned, with their Counsel, shall have Notice.

Grey to be instituted to Ford;

Ordered, That Doctor Bennett give Institution and Induction unto Thomas Grey Clerk, to the Vicarage of Forde, in the County of Northumberland, void by the Death of the last Incumbent, salvo Jure &c.: Presentation under the Hand and Seal of the Right Honourable the Lord Grey of Warke, Patron.

and Couch to Horsmonden.

Ordered, That Doctor Aylett give Institution and Induction unto John Couch Clerk, Master of Arts, to the Rectory of Horsmonden, in the County of Kent, void by the Death of Galfride Amhurst, the last Incumbent there, salvo &c.: Presentation under the Hand and Seal of Mrs. Mary Boswicke, Patroness.

Order for Money for Scots Officers.

"Whereas, by Ordinance of the Date of the 25th of May, 1647, the Sum of Five Thousand Seven Hundred and Six Pounds, Eighteen Shillings, and Penny, was charged upon the Receipts of Gouldsmiths Hall, in Course, with Interest to such as shall advance the same, after the Rate of Eight Pounds per Cent.: It is now Ordered and Ordained, by the Lords and Commons in Parliament assembled, That the growing Interest, and the Interest due for the said Sum, to be accounted from the First of May, 1647, the Date of the First Ordinance, be forthwith paid, and so from Time to Time, by the Treasurers of Gouldsmiths Hall, at the End of every Six Months, to the said Officers for whom it is charged, or their Assigns; and that the Treasurers at Gouldsmiths Hall do take Notice of such Assignments (and make Entries thereof), as the said Officers have already made, or shall make; that the Monies and Interest due upon them may be paid according to the said several Proportions, made out under the Hand of Mr. Broad, who is by Appointment Treasurer for that Purpose."

Ordinance to increase the Vicarage of Kirtling.

"Whereas the Annual Profits of the Vicarage of Kirtling, in the County of Cambridge, do not in the Whole exceed the Sum of Thirty Pounds per Annum, which can by no Means be deemed a competent Maintenance for a Preaching Minister there; and whereas the Rectory of the said Town is Appropriate, and was belonging to the late Bishopric of Rochester: It is Ordered and Ordained, by the Lords and Commons assembled in Parliament, That for the better Support and Maintenance of a Preaching Minister there, that the Rent reserved upon the Demise of the said Rectory, and formerly payable to the late Bishop of Rochester, amounting in the Whole to the Sum of Seventeen Pounds per Annum, (that is to say,) Fifteen Pounds per Annum Dry Rent, and Forty Shillings per Annum for a Boar, be duly paid, by the Tenant or Lessee, to the Minister of Kirtling; and the Sequestrators and Trustees for Sale of Bishops Lands respectively, who have Authority or do at present receive the said reserved Rent, are hereby authorized and required, from Time to Time, to give out such Orders or Warrants as shall be necessary herein, and to make Allowance of the Payment of the said reserved Rent of Seventeen Pounds per Annum to the Minister of Kirtling, as abovesaid, accordingly."

Ordinance for 70,000 £. for the Navy.

"Whereas both Houses of Parliament did, by their Order of the 28th of May, 1647, charge upon the Receipts of the Grand Excise, in Course, the Sum of One Hundred and Fifty Thousand Pounds, payable unto Sir John Wollaston, and the rest of the Treasurers at Wars, upon Accompt, to be issued and paid out by Warrant from the Committee of the Army, or any Five of them, for the Payment of the Arrears due to the Inferior Officers and Soldiers of the Army under the Command of Sir Thomas Fairefax, for which the said Houses of Parliament have since made other Provision; and whereas the present Necessities of the Navy are so pressing, that the same require a speedy Supply of Monies, without which these Affairs cannot be carried on: It is therefore Ordered, by the Lords and Commons in Parliament assembled, That the First Seventy Thousand Pounds, Part of the said One Hundred and Fifty Thousand Pounds, as the same shall grow due in Course, be paid unto Sir Henry Vane Junior, Knight, Treasurer of the Navy, upon Accompt, to be issued and paid out by Warrant from the Committee of the Navy, or any Five of them, to be employed for the Use of the Navy; and that Interest, after the Rate of Eight per Cent. payable every Six Months, to begin from Time of Payment of the said Seventy Thousand Pounds, or any Part thereof, shall be advanced and lent, be paid to the Parties that shall ad vance the same, by Order and Warrant under the Hands of the said Committee of the Navy, or any Five or more of them; and the Commissioners of Excise are hereby ordered and required to make Payment of the said Seventy Thousand Pounds, and the Interest thereof, as abovesaid: And it is further Ordered, That the Acquittance of the said Sir Henry Vane for the said Seventy Thousand Pounds, and of the said Persons that shall advance and lend the same, or any Part thereof, by Order and Warrant under the Hands of the said Committee of the Navy, or any Five or more of them, shall be a sufficient Warrant and Discharge unto the Commissioners of Excise; any former Order or Ordinance notwithstanding."

"Articles of the Commons assembled in Parliament, of Impeachment against Sir John Maynard Knight of the Bath, whereby he standeth charged of High Treason, and other High Crimes and Misdemeanors.

Articles of Impeachment against Sir J. Maynard.

"1. First, That the said Sir John Maynard hath maliciously and traiterously endeavoured, combined, and conspired, to subvert the Freedom of Parliament.

"2. That, upon the Thirtieth Day of July last, and divers Days before and since, he the said Sir John Maynard, at The Guildhall and other Places within the Cities of London and Westm'r and County of Midd. hath maliciously and traiterously plotted and endeavoured to raise and levy War, and accordingly then and there hath maliciously and traiterously raised and levied War, against the King, Parliament and Kingdom.

"3. That whereas, on the Six and Twentieth Day of July last past, a great Company of Reformado Officers, Soldiers, Apprentices, and other dissolute and desperate Persons (many whereof had been in Arms against the Parliament), being tumultuously assembled at Westm'r Hall, and Parts adjacent, within the (fn. 1) City of Westm'r and Liberties thereof, did, by a most horrid Force and Violence, possess themselves of the Doors and Passages to the Houses of Parliament in Westm. aforesaid (the Members of the said Houses then sitting in Parliament); and the said Members so sitting in Parliament did then and there, contrary to the Honour and Freedom of Parliament, threaten, and for divers Hours imprison; and, by the said Menacing, Imprisonment, and Violence, did force the said Houses to pass an Ordinance of Parliament, for the revoking and making void an Ordinance made the Three and Twentieth Day of July abovesaid, concerning the Militia of London, and for the constituting of Sir John Gayer Knight, Thomas Adams, James Bunce, Aldermen, and other Citizens of London, a Committee of the Militia of the said City and Parts adjacent, within the Lines of Communication; and did likewise then and there forcibly enter into the said Houses of Parliament, and forced the Members of the said Houses to pass such Votes as they the said tumultuous Persons then and there required; and did then and there violently assault the Persons of the Speakers and divers Members of both Houses then attending on the Parliament; and, by their said Violences, Menacings, and Assaults, did force the said Speakers and divers Members from their Attendance in Parliament: And whereas Sir Thomas Fairefax Knight, and the Army under his Command, was formerly by both Houses of Parliament raised and maintained, and is still continued, for the Safety and Defence of the Parliament and Kingdom; and the said Sir Thomas Fairefax and the said Army, hearing of the said horrid Force and Violence offered to the said Houses of Parliament as aforesaid, did march towards the Cities of London and Westm'r, to suppress the said Tumults, and to restore the said Houses of Parliament and the Members thereof to their just Freedom, Safety, and Honour, and to secure the said Houses of Parliament from the like Violence and traiterous Attempts for the future; he the said Sir John Maynard, knowing of the said horrid Force and Violence, and that the said Ordinance for the Militia of London so by Force obtained as aforesaid was void and null, and that the said Sir Thomas Fairefax and the Army under his Command were marching towards the Cities of London and Westm'r for the Intents and Purposes aforesaid; he the said Sir John Maynard, for the better advancing of his traiterous Purposes, Designs, and Actions, as aforesaid, did, on the 30th Day of July aforesaid, and divers Days since, with Denzell Holles, Walter Longe, Esquires, Francis Lord Willoughby of Parham, Colonel Edward Massey, Colonel Sidenham Poyntz, and divers others, meet at The Guildhall aforesaid; and other Places within the Cities of London and Westm'r and County of Midd.; and did then and there sit with, and traiterously consult, abet, and maintain, the said Sir John Gayre, Alderman James Bunce, and others of the said pretended Militia, in putting in Execution the said pretended Ordinance for the said pretended Militia of London, so by Force obtained as aforesaid; and, together with the said Denzell Holles, Walter Longe, Francis Lord Willoughby of Parham, Sir John Gayre, Alderman James Bunce, and others, did traiterously and maliciously plot, contrive, and order, the Raising of another Army, to embroil the Kingdom in a new and bloody War; and did traiterously and maliciously, at the Time and Place and with the Persons aforesaid, plot, contrive, and order, the Levying, Raising, Listing, Arming, and Arraying, of several Forces, both of Horse and Foot, for the Maintaining of the said new and bloody War, against the King, Parliament, and Kingdom, and to ruin and destroy the said Army under the Command of Sir Thomas Fairefax, raised for the Defence of the Parliament and Kingdom as aforesaid, and to prevent and hinder them from vindicating the Honour and Safety of Parliament as aforesaid; and the said several Forces both of Horse and Foot as abovesaid were listed, raised, and levied accordingly, sundry of them having been aiding and abetting the abovesaid horrid Force and Violence amongst the said Soldiers, Officers, and tumultuous Persons as abovesaid, upon the said 26th of July last past, against the said Houses of Parliament, as abovesaid.

"4. And, in further Pursuance of his said traiterous Purposes and Designs, he the said Sir John Maynard, knowing of the said horrid Force and Violence, did, together with the said Denzill Holles, Walter Long, Francis Lord Willoughby of Parham, and others, on the Thirtieth Day of July aforesaid, at The Guildhall and other Places aforesaid, traiterously order and appoint the Reformado Officers, which by former Ordinance of Parliament were commanded to depart forth of the Lines of Communication, to rendezvous in a certain Place in Westm. and Liberties thereof, commonly called St. James' Feilds, to be listed and put into a Regimental Way, to the Intent to be arrayed and armed, and employed for the Destruction of the Army under the Command of Sir Thomas Fairefax, and all such as did adhere to them; and did then and there traiterously order and direct, and caused to be raised and levied, Eighteen Regiments of the Trained Bands of the Cities of London and Westm'r, and the Auxiliary Bands, and all other Forces of the said Cities; and the Sailors, Watermen, and Seamen, within or near the River of Thames, to be mustered, arrayed, and armed, and put into a warlike Posture, to be employed in the said War, traiterously contrived, levied, and raised, by him the said Sir John Maynard and the Persons aforenamed, against the King, Parliament, and Kingdom, and the said Army of the Parliament under the Command of Sir Thomas Fairefax.

"5. That, on the said Thirtieth Day of July last, he the said Sir John Maynard, at The Guildhall aforesaid, together with the said Denzell Holles, Walter Longe, Esquires, Francis Lord Willoughby of Parham, and others, in Pursuance of his said traiterous Plots and Contrivements, did traiterously order, command, and appoint, the Raising, Seizing, and Listing, of all Horses, Geldings, and Mares, within the City of London, Lines of Communication, and Ten Miles distant, to be employed in the said new and bloody War, so as aforesaid traiterously raised and levied by him and the Persons in this Article aforementioned, against the King, Parliament, and Kingdom.

"6. That the said Sir John Maynard, with other the Persons aforenamed, at The Guildhall aforesaid, upon the 3d Day of August last, and divers Days before and since, did traiterously order and command the Officers of the Ordnance within The Tower of London, to issue Four Hundred Barrels of Powder, and Four Thousand Muskets, and other Arms, Ammunition, and Provisions for War, formerly provided by the said Houses of Parliament for the Defence of the Kingdom, and to furnish the said Army of the Parliament under the Command of Sir Thomas Fairefax, and the Navy at Sea, appointed for the Defence and Safety of the Kingdom, to be employed and used for the Arming and Arraying of the said Reformado Officers and Soldiers, and others, raised and listed as aforesaid for the Maintenance of the said new and bloody War, so as aforesaid traiterously plotted, contrived, and fomented, by him and the Persons aforesaid, and to be employed for the Destruction of the said Parliament's Army under the Command of Sir Thomas Fairefax, and the Subjects of the Kingdom adhering to and joining with the said Army, and of the King, Parliament, and Kingdom.

"7. That the said Sir John Maynard, with others abovenamed, in Pursuance of their said traiterous and malicious Design to embroil the Kingdom in a new and bloody War, and to fight against the Parliament's Army then marching up towards London for the Purposes before recited, did, at the Time and Place abovesaid, cause a Declaration, framed by some Person within the City of London, containing Matter of Reproach and Scandal of the Army doing their Duty in the Service of the Parliament, and reflecting on the Authority and Freedom of Parliament in several of their Ordinances lawfully and duly passed, and abetting the Engagement declared against by the said Houses of Parliament the Three and Twentieth of July then Instant, as a traiterous and seditious Design of divers ill-affected Persons in and about London and Parts adjacent, and to bring in the King without Security and Satisfaction first given to both Kingdoms, as was insisted on by the Parliaments of both Kingdoms, and tending to engage the rest of the Kingdom with them in the said War against the Parliament and Army, to be published in all or most of the Churches and Chapels within London and Lines of Communication, in or upon the First of August last past.

"By all which Designs, Endeavours, and Actions, he the said Sir John Maynard hath traiterously laboured to ruin and destroy the King, Parliament, and Kingdom: For all which, they do impeach him of High Treason, against the King, His Crown and Dignity.

"And the said Commons, by Protestation, saving to themselves a Liberty of exhibiting at any Time hereafter any other Accusation or Impeachment against the said Sir John Maynard, and also of replying to the Answers that the said Sir John Maynard shall make to the said Articles, or to any of them, and of offering further Proof of the Premises, or any of them, or of any other Impeachment or Accusation that shall be exhibited by them, as the Cause shall according to the Course of Parliament require, do pray, That the said Sir John Maynard may be put to answer to all and every of the Premises; and that such Proceedings, Examinations, Trial, and Judgement, may be upon every of them had and used, as is agreeable to Law and Justice."

Adjourn.

House adjourned till 10^a cras.