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, 29 die Julii.
Chapman and Monday in Error.
The Lord Chief Justice brought in (fn. 1) a Transcript of a Record, for reversing of a Judgement in the King's Bench, inter Chapman contra Monday and his Wife.
Message to the H. C. that the Lords are ready to proceed against the Lord Mayor.
Eales and Covell in Error.
Message from the H. C. with an Order to preserve the Peace in Dorsetshire.
That the House of Commons (fn. 2) have conceived a Draught of an Order for preserving the Peace of Dorsettshire, wherein they desire their Lordships Concurrence; which was read, as followeth: (Here enter it.)
Answer from the H. C.
Lord Mayor at the Bar.
The Committee of the House of Commons being come, the Lord Mayor was called to the Bar, as a Delinquent; and the Speaker asked Mr. Serjeant Wylde, "Whether he had any further Evidence to give against the Lord Mayor, before his Counsel begins." And he desired, "That Mr. Wiseman, viva voce, might give his Testimony, and some more Witnesses since discovered."
Evidence against him.
He had Order from the Court of Aldermen for framing it, and the Words were put into his Mouth, and he shewed it to the City Counsel; and the Substance thereof was agreed on in the Court of Aldermen by the major Part, to his best Remembrance Fifteen or Sixteen Aldermen (and Thirteen makes a Court), and subscribed by Fourteen Aldermen.
Wherein he says, "That the Two First Petitions, there was Order given in the Court for the making of it; but cannot remember the Third Petition to the King was Ordered in the Court, for he heard it not; that he had Directions from the Lord Mayor and Mr. Recorder, and, as he conceives, from the Court of Aldermen, to send the Petition to the King; and he did send it to the King, inclosed to the Earl of Dorsett; but his Lordship did not deliver it, because his Lordship thought it not fit."
Alderman John Warner, upon Oath, said, " He doth not remember any Motion was made for a Petition to be sent to the King, but that a Petition against the Militia might be delivered to the Parliament; and the Question being put, "Whether a Petition or no Petition," the major Part did carry it, and some did protest against (fn. 3) the preferring of that Petition. He offered to protest, and to go away, and the Lord Mayor commanded him to stay; and that the Lord Mayor did press and urge for this Petition, to the best of his Remembrance."
Mr. John Russell said, "That the Lord Mayor had Notice of the First Order, and the Lord Mayor was desired by him and others to call a Common Council about the Arms that came from Hull; and the Lord Mayor answered, That he would acquaint the Court of Aldermen with it."
Jo. Ven deposed, "That he did deliver to the Lord Mayor the Order of the First July, to call a Common Council, and for the placing of the Magazine. The Lord Mayor told him, he would do it, but he thought there was no urgent Occasions to use them. He told him, There was great Occasion to use the Arms, for the King's Service and the Kingdom. The Lord Mayor told him, The Sessions was to be kept, and he could not call a Common Council. But, when a Common Council was called, he refused to put the Question for disposing of the Arms and Magazine that came from Hull, which was a Neglect of the Command of both Houses."
Steven Estwicke deposed, "That, it being long debated at the Common Council, concerning the laying the Magazine, it was desired it might be put to the Question, and certain Places appointed. The Lord Mayor said, He would not put it to the Question; but took the Sword up, and went away."
And Owen Row deposed, "That he was at the Lord Mayor's when the Cooper was brought in; and the Constable told the Lord Mayor, with a great Deal of (fn. 4) Cross, that he had brought a Man that would have pulled down the Cross; and the Lady said, That the Parties that brought him should be carried into the Buttery, and made much of."
Tymothy Felton deposed, "That the Parties that brought the Cooper to the Lord Mayor, drinking a Health in the Buttery to the Lord Mayor, said, That there were a Thousand that would stand for the Lord Mayor and the Cross."
Order for preserving the Peace in Dorsetshire.
"The Lords and Commons in Parliament now assembled, being informed of divers Warlike Preparations lately made, and many threatening Speeches given out, in the County of Dorsett, and the Parts adjoining, intimating an Intention of raising War, to the Disturbance of the Peace of that County; and also taking into their Consideration the present Trouble and Distractions of the whole Kingdom; do Ordain, That Denzell Holles, Esquire, Sir Tho. Trenchard, and Sir Walter Earle, Knights, and John Browne, Esquire, or any Two of them, shall have Power and Authority to arm, train, and put in Readiness, all and every the Inhabitants of that County fit for the Wars, as well of the Trained as other Voluntiers, both Horse and Foot, and them (under the Command of such Captains and other Officers as they, the said Denzell Holles, Sir Tho. Trenchard, Sir Walter Earle, and John Browne, or any Two of them, shall nominate and appoint) to lead and conduct, as well against all Foreign Forces that shall in hostile Manner invade the said County, as for the resisting and opposing all such other Forces as shall be there raised to the Disturbance of the Peace of that County; and herein the Sheriff and all other His Majesty's Officers are required to be aiding and assisting unto them, with their best Endeavours."
Lord Mayor at the Bar.
Sir H. Garraway, idem.
Sir Edm. Wright, idem.
|Sir Nic. Raynton, "That the Lord Mayor doth give|
"That it is said, in the Sentence of the Lords, that the Petition was framed, and contrived the Petition (fn. 5) No Proof that the Lord Mayor had any Privity to the Petition charged; neither did he see the Paper after that Davison had shewed it the Recorder; only One Witness swears, he believes it was to the same Effect."
Sir Jo. Pettis said, "He heard Mr. Benyon desire the Lord Mayor, that his Man might carry the Petition to the Recorder, that it might receive the better Credit." And saith, "The said Petition was shewed to the Lord Mayor; and after, it was brought to the Lord Mayor; and he said, he would not meddle with it."
Wm. Goffe said, "That he knows not who took away the Petition, but hath heard that Alderman Atkins took (fn. 6) it."
Sir Tho. Cheeke said, "That Six or Eight Prentices were brought in to the Lord Mayor, to demand their Petition. The Lord Mayor went to Church; he did not hear any Menace from the Lord Mayor, nor any Word of Commitment.
Jo. Birch said, "That he let in about Twelve or Fourteen Prentices, and they went into the Parlour; the Lord Mayor went to the Church, and many People came to the Gate, and pressed upon the Gate; and the Prentices sat by a Fire, and the Doors were opened; they might have gone out, if they would."
To attend again Tomorrow.
Ordered, That the Lord Mayor, with his Counsel and his Wintesses, do attend again To-morrow Morning, at Nine a Clock, and all the Witnesses are then also to attend; and then this House will proceed further therein.