House of Lords Journal Volume 4: 26 October 1641

DIE Martis, videlicet, 26 die Octobris.

PRAYERS.

The Lord Keeper signified, "That he had received a Letter from the King, all written with His own Hand, dated the 20th of October 1641, which was read by the Lord Keeper, in hæc verba: videlicet,

The King's Letter about His Return.

"My Lord Keeper,

"Since that, by the Necessity of My Affairs, I am detained here so long, that I cannot be at the Downsitting of the Parliament, I have thought it fit, by these Lines, to direct you to tell both Houses in My Name, that, as this My long Absence is beyond My Expectation, so it is against My Desire; and that I will make all the Diligence that the Weightiness of these Affairs will possibly permit, to return; and so I rest

Edenborough, the 20th of October, 1641.

"Your assured Friend,

"Charles R."

Message to the H. C. for a Conference about this Letter.

Hereupon a Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:

To desire a Conference, with a Committee of both Houses, touching a Letter lately received from (fn. 1) the King.

The Messengers return this Answer:

Answer.

That the House of Commons will give a Meeting presently, as is desired, in the Painted Chamber.

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

Lord Wentworth Leave to be absent.

The Lord Wenthworth hath Leave to be absent for a few Days.

Justice Berkeley's Impeachment read.

After this, Sir Robert Berkeley, Knight, one of the Judges of the King's Bench, was brought as a Delinquent to this Bar; and then the Lord Keeper told him, "That he was now to hear the Impeachment of High Treason, brought up against him from the House of Commons, read; and the House expected his Answer thereunto." Which being read, in hæc verba:

(Here enter it.)

His Answer.

He gave their Lordships humble Thanks for their Justice, in calling him to make his Answer; and acknowledged the Justice of the House of Commons, that they have desired he might make his Answer to his Charge, and be proceeded in according to Justice. And withall made it his earnest Request to their Lordships, "That they would permit him a little Time now, to speak somewhat to the Particulars of his Charge;" and having obtained Leave of this House so to do, he made a long Relation upon the particular Articles of his Impeachment; and concluded (fn. 2) with this Plea, or Answer, "That he is not guilty in Manner nor Form as is laid against him in his Impeachment."And humbly presented to this House a Petition, desiring their Lordships to take the Particulars into their Consideration. Hereupon he withdrew, and his Petition was read, in hæc verba: videlicet,

His Petition for Counsel, &c.

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of Sir Robert Berkeley, Knight, and one of the Judges of His Majesty's Court of King's Bench.

"Your Lordships having, as your Petitioner conceiveth, appointed Tuesday the next Week, being the Second of November next, for your Petitioner's Trial;

"He most humbly prayeth,

"That your Lordships will be pleased to grant unto him your Lordships present Warrant for such Witness as he shall have Cause to use at his Trial.

"That your Lordships will be pleased to admit, and if Need be to assign, him Counsel for his necessary Defence, in Point of Law, which may happen upon the Matter of High Treason of which he is impeached; and in Point of Law and Fact, upon the Matters of Misdemeanors of which he is impeached.

"That, for the few Days until the Time of his Trial, he may remain in the Custody of the Sheriff of London, where he hath remained a true Prisoner for almost Three Quarters of a Year, in whose House all his Collections and Papers are for his Defence.

"And that he may have your Lordships Licence to go, with a Keeper, to Serjeants Inn, to look out some Papers, which he hath there, and shall have Occasion to produce at his Trial; as also there to confer and advise with such Counsel as your Lordships shall please to admit or assign unto him:

"And your Petitioner, according to his bounden Duty, shall always pray for the Continuance of your Lordships Honour and Happiness, &c."

"The Names of such Counsel as your Petitioner most humbly desireth are:

Bishops to withdraw, while the Matter of Treason is in Agitation.

Before the House Resolved of any Answer herein, the House was adjourned into a Committee, to consider whether the Bishops should not withdraw during the Agitation of this Business, it being a mixed Charge, of Treason as well as Misdemeanors; and, after a long Debate, the House was resumed; and it was Agreed, That that Matter of Treason should be first Ordered, at which the Bishops are to withdraw; and, when the Matters of Misdemeanors come into Agitation, they are to come into this House again to their Places.

Hereupon the Bishops withdrew themselves, and the House was adjourned into a Committee during Pleasure; and it was taken into Consideration whether a Warrant should be granted to Justice Berkeley for bringing in Witnesses, to testify for him at his Trial in Point of Treason.

Justice Berkeley's Witnesses.

And, after a long Debate, the House was resumed; and it is Ordered, That Mr. Justice Berkeley shall have a Warrant, for to bring such Witnesses as he shall have Occasion of, to testify for him at his Trial, in Matters of Misdemeanors, but not in Matters of Treason.

Then the Lords the Bishops were called in; and the Lord Keeper declaring unto them the Sense of this Order, they gave their Consents thereunto.

Counsel assigned him.

To remain in the Sheriff's Custody.

And further it is Ordered, That the Prince's Attorney, Mr. Recorder of London, Mr. Herne, Mr. Bierly, Mr. Thorpe, Mr. Fountaine, Mr. Lightfoote, and Mr. Brome, shall be assigned of Counsel for Mr. Justice Berkeley in Point of Law, which may happen upon the Matter of Treason, and in Point of Law and Fact upon the Matter of Misdemeanor, at his Trial the Second of November next; and that the said Justice Berkeley shall still remain in the Custody of George Clarke, Esquire, One of the Sheriffs of the City of London, where he is now; and that he have Liberty to go to Serjeants Inn in Fleet-street One Day, when he shall think good, with his Keeper, to look out some Papers which he hath there, and shall have Occasion to use them at his Trial.

Then Mr. Justice Berkeley was called in, and the Lord Keeper pronounced the aforesaid Order to him; for which he gave their Lordships most humble Thanks.

Order for Witnesses for Persons accused of Capital Offences.

Ordered, That the King's Counsel do consider of the drawing of a Bill, for to enable the granting of Warrants, for bringing in Witnesses, to testify on the Behalf of such as are accused of Capital Offences, and to present the same to this House.

A Message was sent down to the House of Commons, by Sir Robert Rich and Mr. Page:

Message to the H. C. to acquaint them with the Proceedings in Judge Berkeley's Cause.

To let them (fn. 3) know, That this Day Judge Berkeley was brought to this House, to the Bar; and that his Charge hath been read to him, to which he hath pleaded, that he is not guilty in Manner nor Form as is laid against him in his Charge.

Lord Keeper Leave to wait on the Queen To-morrow.

It was signified to this House, "That the Lord Keeper is appointed to wait on the Queen To-morrow, about some important Business; therefore desires, that this House would give him Leave to go;" which this House gave Consent to.

Ld. Privy Seal to be Speaker in his Absence.

Ordered, That the Lord Privy Seal shall sit Speaker of this House To-morrow, in the Absence of the Lord Keeper.

Stacy, a Trooper, sent for, for insulting Sir Jacob Astley.

Complaint being made to this House, "That one George Stacy, a Trooper, hath lately offered some Abuses and Affronts to Sir Jacob Asteley, threatening to be revenged on him for a Sentence which was passed upon (fn. 4) him in the Army by the Council of War, for his Misdemeanors and Outrages committed there:" Hereupon it is Ordered, That the aforesaid George Stacy shall be taken into Custody, by the Gentleman Usher, or his Deputy, or brought to appear before this House To-morrow Morning.

Justices to give Account of the Execution of the Proclamation concerning Soldiers.

Ordered, That the Lord Mayor of the City of London, and the Justices of the Peace of the City of Westm. and the County of (fn. 5) Westm. shall give an Account on Saturday Morning next unto this House, how far they have executed His Majesty's late Proclamation, dated the 22d of this Instant October, for the securing of the Peace and Safety of His Majesty's Subjects against Outrages and Disorders by any that were Soldiers of His Majesty's Army lately disbanded, or others taking upon them to be such, or living idly, or without a good Course of Life.

Dr. Duck's Petition.

The Petition of Arthur Duck, Doctor of the Laws, was read; shewing, "That a Patent, under Hand and Seal, was granted to him by the Archbishop of Cant. of the Reversion of the Judge's Place of the Prerogative Court; and afterwards the said Archbishop sealed another Patent of the same Place to Doctor Merricke, after the Death of Sir Henry Marten, Knight:" Hereupon it is Ordered, That the Earls of Warwick and Dover, and the Lord Bishop of Lincolne, shall repair to the Archbishop of Canterbury, and know of his Grace what is become of the said Patent formerly granted to Doctor Ducke, and also ask him other Questions, as their Lordships shall think good, appertaining thereunto, and to report his Answer unto this House.

Skynner's Petition.

Upon reading the Petition of Daniell Skynner, Merchant, of Dover, shewing, "That the French have taken some Goods lately from him unjustly, as appears by a Certificate of the Earl of Leycester (Ambassador then for His Majesty with the French King), subscribed at the Foot of the Petition;" it is Ordered, That this Petition shall be specially recommended from this House to the French Ambassador, by the Lord Admiral and the Earl of Warwicke.

Capt. Bargrave's Cause referred to the Ld. Admiral.

Ordered, That the Cause of Captain Bargrave (whereof this House was this Day informed by the Lord High Admiral) shall be referred to the Examination of his Lordship.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Mercurii, 27^m diem instantis Octobris, hora 11^a, Dominis sic decernentibus.