House of Lords Journal Volume 10: 8 February 1648

DIE Martis, 8 die Februarii.

PRAYERS, by Mr. Carter.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Leeke to be instituted to Kirkby.

Ordered, That Doctor Heath shall give Institution and Induction unto Francis Leeke Cleric. to the Rectory of Kirkby, in the County of Nottingham, presented thereunto by the Commissioners of the Great Seal of England; and this with a Salvo Juris cujuscunque; the said Leeke taking the Covenant.

Colonel Allen's Petition.

Upon reading the Petition of Lieutenant Colonel Edward Allen:

It is Ordered, To be recommended to the House of Commons.

Message from the H. C. for an Answer about the Sheriffs.

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

To desire their Lordships would please to give some Resolution concerning the Sheriffs; for Want whereof, the Preparations for the Circuits are obstructed.

Answer.

The Answer returned was:

That this House will take this Message into Consideration, and will send an Answer by Messengers of their own.

Spencers and Howard, a Pass.

Ordered, That Mr. Robert Spencer, Mr. William Spencer, and Mr. Henry Howard, and their Three Servants, shall have a Pass, to go into France.

Seven impeached Lords attend, to hear their Charges.

This Day being appointed for the Seven Lords that are impeached by the House of Commons of High Treason, and other High Crimes and Misdemeanors, to receive their said Charge; they were called in One by One.

And, after they had kneeled at the Bar, the Speaker told them severally, "That, this Day being ordered to receive the Charge brought up from the House of (fn. 1) Commons against (fn. 2) them, and to put in Bail, the Lords have commanded the same to be read."

E. of Lincoln desires Counsel, and puts in Bail.

Then Theophilus Earl of Lyncolne was called in; who after he had kneeled at the Bar, the Articles of High Treason and other High Crimes and Misdemeanors brought up from the House of Commons against him, were read in his Presence.

Which being done, his Lordship desired he might have Counsel assigned in this Business; which was granted by the House: And his Lordship desired Time until Tomorrow to give in their Names.

Then his Lordship gave Bail, as followeth:

"The Condition of the abovesaid Recognizance is, That Theophilus Earl of Lyncolne shall appear before the Lords in Parliament, when he shall be summoned, to answer these Articles of Impeachment brought up from the House of Commons; and that this Recognizance shall stand good for Three Months, in case this Business receive not a Determination before that Time."

E. of Suffolk, D°.

Next, James Earl of Suff. was called in; and, having kneeled at the Bar, his Charge was read.

Which being done, his Lordship and his Bail entered into Recognizance, as follows:

"The Condition of this Recognizance is the same with the Condition of the Earl of Lyncolne, mutatis mutandis."

The Earl of Suffolke made the same Request to this House as the Earl of Lyncolne did, for Counsel; which was granted him.

E. of Middlesex, D°.

Next, the Earl of Midd. was called in; and, having kneeled at the Bar, his Charge was read.

Then his Lordship gave Bail, as followeth:

"The Condition of this Recognizance is the same with the Earl of Lyncolne's, mutatis mutandis."

His Lordship made it his humble Desire to this House, to have Counsel assigned him in this Cause; which was granted.

L. Berkley, D°.

Next, George Lord Berkeley was brought in; and, having kneeled at the Bar, the House commanded his Charge brought from the House of Commons against (fn. 3) him to be read; which was accordingly done.

And then the said George Lord Berkeley entered into Bail, as followeth:

"The Condition of this Recognizance is the same as the Condition of the Earl of Lyncolne's, mutatis mutandis."

His Lordship did desire he might have Counsel assigned him; which was granted, and their Names to be given in To-morrow Morning.

L. Hunsdon, D°.

Then John Lord Hunsdon was brought in; and, after he had kneeled at the Bar, his Charge brought from the House of Commons was read.

Which being done, his Lordship gave Bail, as followeth:

"The Condition of this Recognizance is the same as the Condition of the Earl of Lyncolne's is, mutatis mutandis."

His Lordship desired to have Counsel assigned him, and to have Recourse to the Journal Books for such Things as he shall have Occasion for his Defence; which was granted.

L. Maynard, D°.

Next, William Lord Maynard was brought in; and, having kneeled at this Bar, his Charge brought from the House of Commons against (fn. 5) him was read.

Which being done, his Lordship entered into Bail, as follows:

"The Condition of this Recognizance is the same as the Earl of Lyncolne's is, mutatis mutandis."

His Lordship desired he might have Counsel assigned him, and have Recourse to the Journal Books; which was granted.

Letter from L. Willoughby.

A Letter of the Lord Willoughby, was read.

(Here enter it.)

Impeached Lords to put in their Answers.

Ordered, That these Lords which had their Charges read this Day shall put in their several and respective Answers, according to the former Order.

Report concerning the Violence offered to the Houses.

Ordered, That the Committee which examined the Business concerning the Force put upon the Parliament shall make Report of the said Examinations on Friday Morning next.

Letter from L. Willioughby, to excuse his Retiring.

"For the Right Honourable the Speaker of the House of Peers pro Tempore; to be communicated to the Lords assembled in Parliament.

"My Lords,

"With how much Zeal, and how uninteressedly, I have served the Public since the very Beginning of this Parliament, as well with the Hazard of my Person as the Expence of my Fortune, is so well known to your Lordships, the Parliament, and Kingdom, as I need not wear out more Time on that Subject; knowing my Integrity to the Principles your Lordships went upon to be such, as I need not make a Recital of my past Actions to justify my Proceedings: For I (who knows myself best) know I am still upon the same Foundation I ever was, and as positively resolved (by God's Assistance) not to vary from it, what Aspersions soever my Enemies endeavour to blemish me with, or what Success my Constancy to those Grounds in the Conclusion may meet with. I shall look no further backward to my late Restraint, under which I continued Four Months, patiently expecting what could be proved against me by them upon whose Impeachment I was by your Lordships committed; but, finding their Delays very much to exceed the usual Time of Proceedings in Affairs of this Nature, upon Addresses to your Lordships I had my Liberty, resolving to make no other Use of it than to have retired myself to Privacy, nor being by some thought longer fit for Public Employment: But, whilst I was in Preparation for this my Intention, I find myself interrupted by a fresh Prosecution of the former Impeachment; and apprehending the Restraint which may consequently follow, hath enforced me to use Means for my Liberty, which I desire may admit of an honourable Interpretation from your Lordships, to

This 6 of February, 1647.

"Your faithful Servant.

"F. Willoughbye."

Adjourn.

House adjourned till 10^a cras.