House of Lords Journal Volume 6: 9 September 1643

DIE Sabbati, 9 die Septembris.

PRAYERS.

Lord Grey de Warke, Speaker.

Message from the H. C. for Committees to receive Propositions from Commissioners for Scotland;

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

1. That, they understanding that some Commissioners are come from the Kingdom of Scotland, with some Propositions to be delivered to the Parliament, the House of Commons desires their Lordships would please to nominate a Committee of Lords, to receive those Propositions; and then the House of Commons will appoint a proportionable Number of their House.

to expedite the Covenant from thence;

2. The House of Commons desires their Lordships Expedition in the Covenant which came from the Kingdom of Scotland, it being a Matter of great Importance.

about the Committee for Bucks;

3. To desire their Lordships Concurrence in nominating some Persons to be added in the Ordinance for the Weekly Assessment, in the County of Bucks.

(Here enter it.)

Agreed to.

and to sit a while.

4. To desire their Lordships would be pleased to sit a while, for they shall have Occasion to come up to their Lordships about some Business of the State.

The Answer returned was:

Answer.

That this House hath nominated Two Lords, to join with a Committee of the House of Commons, to re ceive the Papers from the Scotts Commissioners; and that this House agrees with the House of Commons, in the Persons to be added to the Ordinance for the Weekly Assessment for the County of Bucks; and that this House will sit a while, as is desired; and that this House will send an Answer, by Messengers of their own, touching the Covenant which came from the Kingdom of Scotland.

Committee for Bucks.

Names to be added to the Committee for Bucks, for the Weekly Assessment:

Bickley's Cause.

Upon hearing the Counsel on both Sides, in the Cause between Mrs. Bickley and her Husband: It is Ordered, That such Estate as now appears, and such Debts as may be recoverable, shall be paid into Sir Jo. Null's Hands, to be disposed of for the Payment of Debts, and the Maintenance of Mrs. Bickley and her Children; and this House thinks it fit that she shall live with her Husband, he giving Security for his good Usage of her, if she shall fear any ill Usage: And it is further Ordered, That such Person as Sir John Nulls shall think fit shall be permitted to be employed by him, for the getting of the Debts.

Ld. Berkley's Servant, a Pass.

Ordered, That a Servant of the Lord Berckley's shall have a Pass, to go to Berckley Castle, and return back again.

Justice Berkley's Trial, for Ship-money.

This House took into Consideration the Trial Yesterday of Mr. Justice Berkley, upon the Impeachment brought up from the House of Commons against him; and the Proceeding being for High Misdemeanors, touching so much as concerns his Opinion touching the Ship-money, and the extrajudicial Judgement given in Mr. Hampden's Case, mentioned in the Fourth, Fifth, and Sixth Articles of his Charge; and after Consideration of the whole Evidence, and the Matter of Fact confessed by him; this House pronounced him to be guilty of the said Crime and Misdemeanor, and gave this Judgement; and Awarded,

Sentence against him agreed on.

That, for the said High Crime and Misdemeanors, the said Judge Berkley shall be fined in the Sum of Twenty Thousand Pounds, to be paid at Guildhall, London, to be disposed of by the Authority of both Houses of Parliament, for the Safety of the Kingdom; and, if it be not paid, or satisfied, within Six Weeks, other Course shall be taken for the levying of it, by Authority of Parliament.

2. That hereby he shall be discharged of being a Judge of the King's Bench; and to be made uncapable to hold any Place or Office in the State or Commonwealth; and that he shall be uncapable of any Honour in the future.

"3. That he shall be imprisoned in The Tower of London, during the Pleasure of this House."

Committee to draw it up.

Ordered, That the Lord Viscount Say & Seale and the Lord Wharton are hereby appointed to draw up this Judgement into Form, to be pronounced on Mr. Justice Berckley on Monday next, in the Presence of the House of Commons.

Message to the H. C. that the Lords will be ready to pass it.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To let them know, that their Lordships will be ready to give Sentence (fn. 1) against Mr. Justice Berkley on Monday Morning next, if they will come up, and desire it.

Judges, &c. to attend.

Ordered, That all the Judges and Assistants attending this House shall have Notice, to give their Attendance on this House by Tuesday come Fortnight.

Pettus and Bancroft.

Ordered, That Mrs. Pettus's Cause shall be heard, by Counsel on both Sides, on Tuesday next.

Justice Berkley to be attached.

Ordered, That the Gentleman Usher attending this House shall take Mr. Justice Berckley into his Custody presently, and bring him before this House on Monday Morning next.

Committee to receive Propositions from the Commissioners from Scotland.

Ordered, That the Lord Viscount Say & Seale and the Lord Howard of Est. are appointed as Committees, to join with a Committee of a proportionable Number of the House of Commons, to receive Propositions from the Commissioners that are come out of Scotland.

Adjourn.

House adjourned till 10^a, Monday next.