DIE Veneris, 7 die Februarii.
Domini tam Spirituales quam Temporales præsentes
||His Royal Highness the Duke of Yorke.
Epus. Bath et Wells.
Epus. St. Asaph.
Epus. St. David's.
Epus. Cov. et Lichfeild.
Ds. Custos Privati Sigilli.
Comes St. Albans.
Viscount de Stafford.
Ds. Berkley de Berk.
Ds. Howard de Ch.
Ds. Howard de Esc.
Ds. Herbert de Cher.
Ds. Berkley de Str.
Message from H. C. with Bills.
A Message was brought from the House of Commons,
by Mr. Lowther and others; who brought up Three
Bills, wherein they desire the Concurrence of this
1. "An Act for the better regulating of the Manufacture of Broad Woollen Cloth, within the West
Ryding of the County of Yorke."
2. "An Act against Importing of Foreign Woolcards, Card-wire, or Iron-wire."
3. "An Act for confirming of Three Acts, therein
Message to H. C. with Bills.
A Message was sent to the House of Commons, by
Sir Nathaniell Hobart and Sir Toby Wolridg:
To deliver to them the Bill for restoring Charles Earl
of Derby to the Manors of Hope and Hopesdale, Mould
and Mouldsdale, in the County of Flint; and desire Concurrence therein.
2. To return them the Bill concerning the Office of
registering Pawns and Sales of Goods in London and
Westm. and to desire Concurrence in the Alterations
made by this House.
Attainted Persons brought to the Bar.
According to the Order of this House, these Persons
following were brought to the Bar; being attainted of
High Treason, for the horrid Murder of His late
The First was Augustine Garland; who, having kneeled
at the Bar until he was bid to stand up, the Lord
Chancellor told him, "That he being a Person attainted
for High Treason; but, by reason of an Act of Parliament, Execution being to be stayed until His Majesty and both Houses of Parliament by Act shall give
further Order; and there being now a Bill brought
from the House of Commons for the Execution of
him and the other Persons who are in the like Condition with him; the Lords desire to hear what he
can say for himself, why the said Bill should not be
passed for his Execution:"
To which the said Augustine Garland said, "That
he had nothing to say; but referred himself to the
Mercy of the King and this House; and humbly
craved the Benefit of His Majesty's Proclamation,
upon which he came in, and rendered himself to the
Serjeant at Arms attending the House of Commons."
In like Manner, Henry Smith was brought to the Bar,
and asked the like Question:
And he pleaded, "That he was under Force at that
Time, by reason of Soldiers, and compelled to do what
he did; but as soon as His Majesty's Gracious Proclamation came forth, he accepted of it, and rendered
himself within the Time prescribed."
After this, Henry Martin was brought, and demanded
what he could say for himself, why the aforesaid Act
for his Execution should not pass:
And he said, "That Honourable House of Commons,
that he did heretofore so idolize, had given him up
to Death; and now this Honourable House of Peers,
which he had so much opposed, especially in their
Power of Judicature, is now made the Sanctuary for
to fly to for his Life. He submitted himself to His
Majesty's Gracious Proclamation; which he took
Hold of, and rendered himself, and hopes to receive
Mercy by it; and now submits himself to His Majesty and this House for Mercy."
Next, Robert Titchborne was brought in the like Manner, and asked the same Question:
Who made a long Speech. The Effect of it was,
"That the House of Commons did make some previous
Vote, that but Seven Persons should be excepted out
of the Act of Oblivion for the Murder of the late
King, of which Number of Seven he was none:
A little while after, the King's Proclamation coming,
he took Hold of it, and came and rendered himself;
looking upon the King's Promise therein, being with
the Advice of both Houses of Parliament, as the
great Mercy and Security offered by His Majesty;
and this was when he had Thoughts within himself
how to contrive his Escape, out of this his Native
Country, beyond the Seas: And he is come to acknowledge his Sorrow for his great Crime, and to
take his Life from the King merely upon Mercy."
Likewise James Temple was brought to the Bar; and
being demanded what he could say, why the said Bill
should not pass for his Execution:
He said, "He had nothing to justify, but did condemn himself, and abhorred the Fact; and, taking
Notice of His Majesty's Gracious Proclamation of
Mercy, he came in, and rendered himself upon it;
and craves the Benefit of it for his Life."
Also Thomas Wayte was brought to the Bar in the
And being asked the like Question as others before
him; he submitted himself to the Mercy of the King
and this House, and craved the Benefit of the King's
Proclamation of Mercy, upon which he came in and
took Hold of it, and desires now the Mercy of it for
Next, Peter Temple in like Manner was brought in:
And the same Question being asked of him; he pleaded
the Benefit of the King's Proclamation, upon which he
came within the Time.
In the same Manner Gilbert Myllington was brought
to the Bar:
And being demanded what he could say why the Act
for Execution of him should not pass; he confessed his
hearty Sorrow for his Sin; and desired the Mercy of
the King's Proclamation, upon the Confidence of which
he came and rendered himself.
Next, William Heveningham was brought in the same
Manner, and asked the like Question:
And pleaded for Mercy upon the Proclamation of the
King. And further delivered in a Paper of what he
had further to say on his Behalf; which he desired
it might be taken into Consideration by their Lordships.
After this, John Downes was brought to the Bar,
as a Delinquent; and though his Name is not inserted
in the Bill for Execution, yet he is One of those Persons
attainted of High Treason for that horrid Murder:
And the Lord Chancellor told him, "He was brought
hither to be heard what he could say, why an Act
of Parliament should not pass for his Execution; he
being a Person dead in Law, and condemned, for that
Treason of murdering the late King."
He made a long Narrative, but the Effect of it was;
he pleaded, "That he was innocent from the contriving of the Murder of the King; and did oppose
it in the High Court of Justice what he could, for
which he was threatened to be ruined and undone.
As concerning the Signing of the Warrant for Execution of the King, it was done after the Death of
the King, and was forced to do it; expressing his hearty
Sorrow for the same, and submitted himself wholly
to the Mercy of the King and this Honourable
Lastly, George Fleetwood, in like Manner, was brought
to the Bar; and being told by the Lord Chancellor,
That he being a Person attainted and condemned in
Law for High Treason, and Execution being only
respited until an Act of Parliament do pass for his
Execution, it was demanded what he can now say for
himself, why an Act of Parliament shall not be passed
for his Execution."
He expressed his hearty Sorrow for his great Sin;
and desired to receive the Mercy offered by the King in
His Proclamation, upon which he came and rendered himself, relying upon the Grace and Mercy offered therein
by His Majesty."
Attainted Persons to be carried back to The Tower.
The Lieutenant of The Tower gave the House an
Account, "That Four of the Persons attainted for
the aforesaid High Treason, videlicet, Owen Row,
Isaac Pennington, Symon Mayne, and Vincent Potter,
are lately dead; and Edmond Harvey, Sir Hardress
Waller and Robert Lylborne, are not now in his Custody
in The Tower, but are removed to other Prisons. But
as for Thomas Wogan, he never was in his Custody."
Hereupon the Lord Chancellor did let the Lieutenant of The Tower know, "That the Lords had no
more to say to the Prisoners now brought, at this
Time; therefore he should carry them back again to
The Tower in Safety."
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque in diem crastinum, videlicet, 8um
diem instantis Februarii, hora decima Aurora, Dominis
Hitherto examined by us,