December 1656

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House of Commons Journal Volume 7
16 December 1656

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History of Parliament Trust

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1802

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'House of Commons Journal Volume 7: 16 December 1656', Journal of the House of Commons: volume 7: 1651-1660 (1802), pp. 468-469. URL: http://www.british-history.ac.uk/report.aspx?compid=24527 Date accessed: 21 October 2014.


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Tuesday, the 16th of December, 1656.

Carter's Estate.

A BILL to enable Richard Carter Esquire, Son and Heir of John Carter Esquire, deceased, to sell certain Lands and Tenements, for Payment of his and his Father's Debts was this Day read the Third time; and, upon the Question, passed.

Ordered, That his Highness the Lord Protector's Consent be desired to this Bill.

Privilege-Libellous Words.

Mr. Robinson reports from the Committee, to whom the Business of Drury-House was referred, a great Abuse offered to the said Committee by one James Noble, in the Presence of a Multitude of People, using divers scandalous and reproachful Words and Speeches against the Committee, and the Members of it; which Words were so high and insolent, that the Committee required the Serjeant at Arms to restrain him of his Liberty, till the Pleasure of the House were known.

Resolved, That the House doth approve of the Proceedings of the Committee in Restraining of James Noble.

Resolved, That the said James Noble be brought to the Bar of this House.

He was called to the Bar; and, being there, the Speaker examined him upon the Particulars in the Report; which, in effect, he acknowledged.

Resolved, That the Words spoken by the said James Noble, at the Committee aforesaid, were false, scandalous, and an unjust Imputation upon the Members of the said Committee.

Resolved, That the said James Noble be committed to Bridewell, London, for Three Months; and suffer the usual Correction of Bridewell, and be set to hard Labour.

Acklome's Estate.

Ordered, That the Bill for Mr. Acklome, be read Tomorrow Morning.

Union with Ireland.

Ordered, That, next after the Business of James Nayler, the House be resolved into a Grand Committee, about the Bill for Union of Ireland into one Commonwealth with England.

Nayler's Blasphemies.

The House, according to former Order, resumed the Debate upon the Business touching James Nayler.

The Question being propounded, That the Punishment of James Nayler, for his Crimes, shall be by Death; and that a Bill be prepared and brought in for that Purpose;

And the Question being put, That that Question be now put;

The House was divided.

The Noes went forth.

Mr. Berkley, Tellers for the Noes: 96.
Mr. Lawrence, With the Noes,
Alderman Foote, Tellers for the Yeas: 82.
Sir Christofer Pack, With the Yeas,

So it passed in the Negative.

The Question being put, That this be Part of the Punishment of James Nayler; To have his Hair cut off;

It passed in the Negative.

Resolved, That this be Part of the Punishment of James Nayler, That his Tongue be bored through with a hot Iron.

Resolved, That the further Punishment of James Nayler shall be, That he shall be stigmatized on the Forehead with the Letter B.

The Question being propounded, That James Nayler, be set on the Pillory in the New Palace, Westminster, during the Space of Two Hours; and then shall be whipped by the Hangman through the Streets from Westminster to Cheapside; and there likewise to be set upon the Pillory for the Space of two Hours, in each of the said Places; wearing a Paper, containing an Inscription of his Crimes: That his Tongue shall be bored through with a hot Iron; and that he be stigmatized on the Forehead with the Letter B: That he be afterwards sent to Bristoll, and conveyed into and through the said City on a Horse bare-ridged, with his Face backwards; and there also publickly whipped the next Market-Day, after he comes thither: That from thence he be committed to Prison, and restrained from the Society of all People, and kept to hard Labour, till he be released by Parliament.

Several Additions and Alterations were offered to the Question: And thereupon it was

Resolved, That, instead of the Word "Cheapside," in this Question, "the Old Exchange" be inserted.

Resolved, That these Words be added to the Question, "with his Head in the Pillory."

Resolved, That the Place for boring his Tongue, and stigmatizing him, be near the Old Exchange.

The Question being propounded, That the Prison, he shall be committed to, be Bridewell in Bristoll;

And the Question being put, That that Question be now put;

It passed in the Negative.

Resolved, That he be committed to Prison in Bridewell, London.

Resolved, That, instead of the Words "from the Society of all Men," that these Words be inserted, "from the Society of all People."

Resolved, That he have no Pen, Ink, nor Paper.

Resolved, That he shall have no Relief, but what he earns by his daily Labour.

Resolved, by the Parliament, That James Naylor be set on the Pillory, with his Head in the Pillory, in the New Palace, Westminster, during the Space of Two Hours, on Thursday next; and shall be whipped by the Hangman through the Streets, from Westminster to the Old-Exchange, London: and there likewise to be set on the Pillory, with his Head in the Pillory, for the Space of Two Hours, between the Hours of Eleven and One on Saturday next, in each of the said Places wearing a Paper, containing an Inscription of his Crimes; and that, at the Old Exchange, his Tongue shall be bored through with a hot Iron; and that he be there also stigmatized in the Forehead with the Letter B: And that he be afterwards sent to Bristoll, and conveyed into and through the said City, on a Horse bare-ridged, with his Face backwards; and there also publickly whipped the next Market-Day after he comes thither: And that from thence he be committed to Prison in Bridewell, London, and there restrained from the Society of all People, and kept to hard Labour, till he shall be released by Parliament; and, during that time, be debarred from the Use of Pen, Ink, and Paper; and shall have no Relief but what he earns by his daily Labour.

(fn. [a]) And the Parliament doth declare and adjudge the same, accordingly.

Resolved, That the said James Nayler be brought to the Bar To-morrow, at Ten of the Clock, to receive this Judgment.

Resolved, That the Speaker be authorized to issue his Warrants to the Sheriffs of London and Middlesex, the Sheriffs of Bristoll, and the Governor of Bridewell, London, to see this Judgment put in Execution respectively in the several Places.

Resolved, That the Speaker be authorized to make a Warrant to the Sheriffs of London and Middlesex, to convey the said Nayler to Bristoll.

Resolved, That Mr. Speaker do issue the like Warrant to the Sheriffs of Bristoll, to convey him up to London, after the Execution of this Judgment there.

Resolved, That To-morrow, after the Sentence pronounced against James Nayler, the several Petitions, now offered, be read.

Resolved, That then the House do likewise take into Consideration the Persons brought up with James Nayler.

Footnotes

[a] In the Margin, against the following Words, in this Note, "Added, by Order, upon the Question, 17th of Decemb. 1656."