Die Lunæ, 21 Februarii, 1647.
Prayers.
Payment to Fleetwood, &c.
ORDERED, That the Committee of Irish Affairs,
in the Star Chamber, forthwith give Order for Allowance and Payment to be made unto Richard Fleetwood
and John Bamber, the Sum of Four hundred Pounds, out
of the old Arrears; in Consideration of their Corn, Meal,
and Barque, which was shipped and transported by them,
for the Service of the Commissioners in Ulster, to relieve
the Forces there; the said Barque and Corn having been
taken by the Rebels of Wexford, in her Passage to the
North in Ireland, and taken again by the Parliament
Forces, and by them brought to Cork.
Franklyn's Fellowship.
Upon the humble Petition of Wm. Franklyn, late one
of the Fellows of King's College in Cambridge, this Day
read; and it appearing, That the said William Francklyn
was ejected out of his Fellowship, for expressing his Disaffection in not taking the Solemn League and Covenant;
and that no other Crime was objected against him; and
that he is willing to take it.
It is Ordered, That the said Wm. Francklyn be restored
to his said Fellowship, if it be still void: And that he be
likewise restored to the Profits of the said Fellowship,
grown due since his Ejectment, that are not yet disposed of.
Culpeper's Estate.
The humble Petition of Sir Cheyney Culpeper Knight,
on the Behalf of Dame Judith Culpeper his Sister, and
her Children, was this Day read: And
It is Ordered, That it be referred to the Committee at
Goldsmiths Hall, either to lett, or make Sale of the Parliament's Interest in the Manor or Farm of Morghu in the
County of Kent, settled upon the Petitioner's Sister, and
her Children, by Law, in consequence of Marriage, and
a Portion, several Years before this Parliament.
Ashley's Claims.
The humble Petition of Captain Thomas Ashley, Commander of the Ship Employment, a Person that hath done
very many good Services to the Parliament, was this Day
read; desiring Satisfaction for the Sum of One hundred
Fifty-one Pounds Six Shillings and Five-pence, for Guns
and Ammunition, which he left at Hull, for the Defence
and Safety of that Place; for the Payment of which Sum
of One hundred Fifty-one Pounds Six Shillings and Fivepence, he received an Order from the Committee of
Lords and Commons for the Safety of the Kingdom,
directed to Sir Gilbert Gerrard, Treasurer at Wars, dated
19 Decembris 1643.
It is Ordered, That this Petition be recommended to
the Committee at Goldsmiths Hall, and referred unto them,
to make present Payment of the said Sum of One hundred
Fifty-one Pounds Six Shillings and Five-pence to the
Petitioner, he having deserved much, and long patiently
expected the Payment of the said Monies.
The Lords Concurrence to be desired herein.
Wildman's Petition.
The humble Petition of John Wildman was read.
The Question, was propounded, That the said John
Wildman be bailed:
And the Question being put, Whether this Question
shall be now put;
It passed with the Negative.
Proceedings against Jenkins.
According to former Order made on Saturday last, Mr.
David Jenkins was brought to the Bar by the Serjeant
at Arms; and, being required to kneel, did absolutely
refuse; . . . was thereupon commanded to withdraw.
He was then again called in: And Mr. Speaker, by
the Command of the House, acquainted him, That there
was depending, in this House, an Ordinance for attainting
him for his Life; That if he will perform that Reverence
to this House, which is due, and required, from all that are
brought in like manner to this Bar, he may be heard
what he has to Answer to his Charge.
He replied, That as to the Point of Kneeling, he hath
given his Answer; and said, That he will not kneel,
unless he were forced.
Resolved, &c. That this Refusal of Mr. David Jenkins
to kneel at this Bar, being brought hither as a Delinquent,
to answer a Charge depending here against him, is a Contempt of a high Nature.
Resolved, &c. That the Fine of One thousand Pounds
be set upon Mr. David Jenkins, for this his high Contempt of this House: And that the said Fine of One
thousand Pounds be levied upon the Lands and Goods
of the said David Jenkins.
The said David Jenkins was again called in; and an
Ordinance for attainting him of High Treason was read
unto him; and, being asked, What Answer he would give,
said, That he did appeal from this Charge; That this House
had no Power to charge him; and then ran into a Discourse of many Particulars touching the Laws of the Land:
Among other things did confess, That he had adhered
to the King against the Parliament in this Cause.
Being again demanded, What answer he would give
to this Charge; he again said, That this House has no
Power to charge him: And that this is his Answer.
The Question was propounded, Whereas this House is
informed, That David Jenkins hath levied War against the
Parliament and Kingdom, and hath written many treasonable and seditious Books and Pamphlets, and is guilty of
other seditious Practices; to desire, That such Witnesses
as shall be offered by this House unto your Lordships, may
be examined upon Oath, in the Presence of such as this
House shall appoint:
And the Question being put, Whether this Question
shall be now put;
It passed with the Negative.
Resolved, &c. That the Witnesses to be examined, to
prove the Charges in the Bill of Attainder of David Jenkins shall be brought to the Bar, and examined here.
The Witnesses that were produced to prove the Matter
of Charge laid down in the Ordinance of Attainder of
David Jenkins Esquire, were called in to the Bar: And
Mr. Speaker, by the Command of the House, gave them
very severe Admonitions and Cautions, That they should
be very careful to deliver in their Testimonies nothing but
the Truth; and what Danger they were in, if, by delivering any Falsity, they should misguide the Judgment of the
House, and bring the Blood of the Prisoner upon their
own Heads.
Mr. Maidwell and Mr. Pindar did openly at the Bar
witness to the Truth of the Matter of Fact laid down in
the Ordinance of Attainder touching the Paper thrown
into the Court of Chancery (the Court fitting) on the Fourteenth of this instant February, by David Jenkins; and his
Carriage to the said Court: The Register, and others,
were at the Door ready to witness the same: And divers
Members of the House, then present in Court, did likewise attest the same.
Mr. John Elliott, Captain Ralph Grundy, Mr. John
Gibbes, Barrister at Law, Mr. Nicholas Gibbon, Walter
Yates, and one Captain Wyatt, were called in; and did
openly at the Bar witness to the Truth of the Matter of
Fact laid down in the Ordinance of Attainder, touching
David Jenkins his levying actual War against the Parliament; and touching his giving Judgment of Death against
divers Persons (some whereof were named in the Ordinance) for adhering to the Parliament in this late War.
Attainting Jenkins.
An Ordinance for attainting David Jenkins, late of
Greye's Inn in the County of Middlesex, Esquire, of High
Treason, was this Day read the Third time; and, upon
the Question, passed; and ordered to be sent unto the
Lords for their Concurrence.
Mr. Serjeant Wilde is appointed to carry it to the
the Lords To-morrow Morning.
Transactions with Scotland
A Letter from Mr. Ashhurst and Colonel John Birch,
Commissioners employed from both Houses into the Kingdom of Scotland from Edenburgh, of 15 Februarii One
thausand Six hundred Forty-seven, was this Day read;
and, in it inclosed, a Copy of the First Letter from the
Commissioners to the Lord Chancellor: The Answer of
the Lord Chancellor to the said Letter: A Copy of the
Second Letter from the Commissioners to the Lord Chancellor: A Copy of the First Paper sent by the Commissioners to the Committee of Estates: The which were all
read.
Sir Wm. Allenson, Mr. Gourdon, and Mr. Samuell
Browne, or any Two of them are appointed to prepare a
Letter, to be returned in Answer to the Commissioners;
taking Notice of their Diligence and Affection to the
Service they are employed in; and to return the Thanks
of this House.