Journal of the House of Lords: Volume 11, 1660-1666. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Saturni, 7 die Julii.
PRAYERS, by Mr. Hodges.
Domini præsentes fuerunt:
Mrs. Burleigh's Cause concerning the Death of her Husband.
The Marquis of Dorchester reported from the Committee for Petitions, the Case of Mrs. Burleigh: "That her Counsel she desired to be assigned did not appear; and she, being poor, is not able to bring up her Witnesses; therefore desires the House would please to give further Directions therein."
It is ORDERED, That Notice be given the Counsel, that this House is informed, that they did not appear to be of Counsel according to the Order; therefore to require them to attend that Business, as Counsel with Mrs. Burleigh, concerning the Death of her Husband; and that an Order be issued, for the summoning of her Witnesses to appear before the Lords Committees for Petitions.
Report concerning the Execution of L. Capell.
The Earl of Pembrooke reported from the Committee of Privileges, concerning the Business touching the Execution of the Lord Caple, "That Alderman Vyner hath brought in the Warrant under the Commissioners Hands of the High Court of Justice, directed to the said Alderman when he was Sheriff, for the Execution of the Lord Capell. And the Opinion of the Committee is, That the Persons who have subscribed the said Warrant be secured; that some of the Persons have appeared before the Committee, and have confessed their Hands and Seals, and the Fact; and that it appears that the Lord Capell was put to Death, contrary to the Articles of War for the Surrender of Colchester, without any Authority from any legal Power."
and concerning the Execution of the Marquis Hamilton and the E. of Holland:
The Earl of Bristoll reported from the Committee for Privileges, "That Alderman Vyner hath delivered in "Two Warrants, under the Hands and Seals of those that sat in the High Court of Justice, for the Execution of the Marquis Hamilton and the Earl of Holland, directed to him, being then Sheriff: And the Opinion of the Committee is, That those Persons that signed these Warrants be secured."
The House, taking the Business of these Reports into Consideration, passed these Orders following:
Order to secure the Persons who signed the Warrants for their Executions.
"ORDERED, That all those Persons that have appeared before the Committee for Privileges, and have confessed to have set their Hands and Seals to these Three Warrants, for the Execution of the Lord Capell, Marquis Hamilton, and the Earl of Holland, or either of them, shall be sent for as Delinquents.
ORDERED, That all those Persons whose Hands and Seals are to these Three Warrants, for the Execution of the Lord Capell, the Marquis Hamilton, and the Earl of Holland, or either of them, shall be brought before the Lords, in safe Custody.
Sir J. Thorowgood and Serjeant Keeble sent for.
"ORDERED, That Sir John Thorouhgood and Serjeant Keeble shall be sent for, in safe Custody, and brought before the Lords in Parliament, for sitting as Judges upon the Trial of the Lord Capell, Marquis Hamilton, and Earl of Holland, or either of them."
ORDERED, That the Lord Pagett, Lord Lucas, be added to the Committee for the Earl of Clevleand's Business.
ORDERED, That the Lord Clifford be added to the Committee for Petitions.
House adjourned till 10a Monday Morning next.