Journal of the House of Lords: Volume 5, 1642-1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, videlicet, 22 die Julii.
Message to the H. C. to proceed against the Lord Mayor.
Lord North excused.
Answer from the H. C.
Message from the H. C. with a Letter for Relief of Lord Desmond in Duncannon Fort.
That they have taken into Consideration the Fort of Duncannon, and the Distress the Earl of Desmond is in there: For his Relief, the House of Commons think to send him a Regiment, to secure him and that Fort: To that Purpose the House of Commons have conceived a Letter, to be sent from the Parliament, to send a Regiment thither; in which Letter they desire their Lordships Concurrence. (Here enter the Letter.)
Answer from the H. C.
Despagne and Des Champes.
Upon reading the Petition of Jo. Despagne and James des Champs; it is Ordered, That it is referred to the Consideration of Mr. Justice Crawly, whether the Suits depending in the Court, mentioned in the Petition, may be stayed; and to certify the same to this House, with his Opinion.
Ld. Balmerino and Justice Heath.
Ordered, That this House will proceed in the Cause of the Lord Balmerino and Mr. Justice Heath, on Thursday next; and then the Lord Balmerino shall produce his Witnesses, to prove the Charge; and that Mr. Justice Heath shall have Notice hereof.
Lord Mayor at the Bar.
The said Lord Mayor was brought to the Bar, by the Gentleman of the Black Rod, who kneeled at the Bar as (fn. 1) a Delinquent, until he was bid to stand up.
Charge against him.
Then Mr. Serjeant Wylde desired, in the Behalf of the Knights, Citizens, and Burgesses of the House of Commons, "That the Two Impeachments against the Lord Mayor might be read;" which were accordingly done.
Then Mr. Serjeant Wyld proceeded, and said, "That this Lord Mayor is a Person great and eminent, and of great Power and Authority in his Place; that he is one of the greatest Offenders of his Predecessors, and is a great Burthen and a Nusance to the City and the Commonwealth.
The Matter of the Second Charge was, endeavouring and countenancing a Counter Petition, against the settling the Ordinance for the Militia; though it was consented to by the Common Council and himself, yet he drew in others ill-affected, to petition the King and both Houses against it, to settle a Division between the King and His People.
2. He seeking to suppress an honest and a good Petition for the Militia, he got it into his Hands, and on a Sunday committed some Persons to Prison, and vilified them with reproachful Speeches, imprisoning some in his own House.
3. When there were Riots in Cheapeside, he refused to keep the Peace, and caused Persons to be beat there, and suffered those that called themselves Defenders of the Cross to commit Tumults, without any Punishment.
Evidence against him.
Peregrine Herbert, upon Oath, said, "That, on Thursday Night was Three Weeks, at Nine a Clock, the Lord Mayor sent for him, and commanded him to proclaim the Proclamation (fn. 2) concerning the Commission of Array;" which, at his Commandment, he did.
Edward Saul witnessed [the (fn. 3) same] upon Oath.
"That the Lord Mayor did give Directions for the framing and drawing of the Petition against the Ordinance concerning the Militia, which was after the said Ordinance was given to the City, and accepted by them; which was to set Division between the King and the Parliament."
"To prove this, Mr. Serjeant Wylde desired, "That the Deposition of Mr. Tho. Wiseman, taken formerly before the select Committee of both Houses in Mr. Benyon's Cause, which, he said, concerned the Lord Mayor, might be made Use of; Affidavit being made, upon Oath, that he hath been served with the Order of this House to appear this Day; but he is gone out of Town."
His Counsel object to the reading a Deposition taken in another Cause.
The Committee of the House of Commons excepted against the pleading of Counsel at the Bar, to confront the Committee of the House of Commons, who did represent that House, without asking the Leave of this House.
Counsel admonished, for interrupting the Committee of the H. C. without Leave.
And that Mr. Herne was to be called in, and to be told, That this House takes it not well, for interrupting the Members of the House of Commons, without asking Leave; and that he take Warning for the future, not to do the like hereafter without asking Leave of the House; which accordingly was done, and had this Admonition given him.
The Cause to be proceeded in on Monday and Mr. Wiseman to attend.
And also the Committee of the House of Commons to be told, That this House hath deferred the further Hearing of this Cause until Monday next; at which Time the Witness, Mr. Wiseman, is to be produced viva voce; else this House will (fn. 4) proceed therein."
Scots Commissioners desired to present to the National Assembly the Declaration to them, and the Petition of both Houses to the King.
The Lord Viscount Say & Seale reported to the House, "That he hath delivered the Copy of the Petition presented to the King from both Houses of Parliament, and the Declaration thereupon, to the Scotts Commissioners, with a Desire that they might be presented to the National Assembly in Scotland, whereby they may truly see the State of Things here; but the Scotts Commissioners desire an Order, attested under the Hand of the Clerk of the Parliament; and then they will carefully send together to the National Assembly."
(fn. 5) Hereupon it is Ordered, by the Lords in Parliament, That the Commissioners of Scotland be desired to present, from both Houses of Parliament, to the National Assembly in Scotland, the Copy of the Petition of both Houses sent to the King, and the Declaration thereupon.
The King's Warrant to the Mayor of Boston, to attach Persons who put the Militia in Execution.
Trusty and Well-beloved, We Greet you well. Whereas We understand that, contrary to Our Proclamation and the Laws of the Land, divers of the Trained Bands, and others belonging to that Our Town, do frequently assemble, train, and exercise, in a Warlike Manner, without any Order from Us, or delivered from any Authority given by Us; Our Will and Command is, That, presently upon Sight hereof, you take effectual Order, not only to suppress and hinder any such Meeting, Training, or Exercising; but that you punish, according to Law, such as you shall find are refractory and disobedient to this Our Command, and certify their Names to Us, or One of Our Principal Secretaries of State, together with the Particulars of such their Offences; and of the due Performance of this Our Command, We expect a speedy Account of you; for which this shall be your Warrant.