House of Lords Journal Volume 10
21 April 1648

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1767-1830

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'House of Lords Journal Volume 10: 21 April 1648', Journal of the House of Lords: volume 10: 1648-1649 (1767-1830), pp. 213-219. URL: http://www.british-history.ac.uk/report.aspx?compid=32790 Date accessed: 28 November 2014.


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DIE Veneris, 21 die Aprilis.

PRAYERS, by Mr. Corbett.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Denbigh.
Comes Mulgrave.
L. Viscount Say & Seale.
Comes Pembrooke.
Comes Northumb.
Comes Warwicke.
Ds. Mountagu.
Ds. Wharton.
Ds. Howard.
Ds. La Warr.
Ds. North.

Message to the H. C. for L. Cromwell's Fine to be abated; and with Two Ordinances.

A Message was sent to the House of Commons, by Doctor Bennett and Doctor Aylett:

1. To deliver to them the Petition of the Lord Crumwell; and desire their Concurrence, that his latter Payment of his Fine of Composition for his Delinquency may be remitted.

2. To deliver to them the Ordinance for settling Three Preachers at Windsor, and desire their Concurrence therein.

3. An Ordinance for making Mr. Tuckney Divinity Reader at Cambridge, and desire their Concurrence therein.

Report from the Committee for regulating Oxford University:

A Report was read, from the Committee for regulating the University of Oxford, with Votes upon the Consideration of the Passages whilst the Earl of Pembrooke, Chancellor of the University, was there.

(Here enter them.)

E. of Pembrooke, Thanks.

Ordered, That this (fn. *) House gives the Earl of Pembrooke Thanks, for his Carriage as Chancellor of the said University; and that this House approves of the Votes now read.

Marquis of Winton's Liberty prolonged.

Ordered, That the Lord Marquis of Winton shall have further Liberty for Four Months, in regard of his Health, upon the same Security he now stands bound to the Lieutenant of The Tower; and the Concurrence of the House of Commons to be desired herein.

Message from the H. C. with Votes about Oxford University; and with an Order.

A Message was brought from the House of Commons, by Mr. Rous; who brought up some Votes passed by the House of Commons, concerning the University of Oxford, wherein their Lordships Concurrence is desired.

(Here enter it.)

Agreed to.

2. An Order to remove the late Bishop of Rochester out of the Manor-house of Bromely in Kent, and to be delivered into the Possession of Mr. Augustine Skynner.

(Here enter it.)

Agreed to.

The Answer was:

Answer.

That this House agrees to all the Orders now brought up.

Articles of Impeachment against Adams, Langham, and Bunce, Aldermen of London:

Next, the Articles of Impeachment of High Treason, and other High Crimes and Misdemeanors, brought up from the House of Commons, against Thomas Adam, Alderman of the City of London, were read.

(Here enter it.)

The Articles of Impeachment of High Treason, and other High Crimes and Misdemeanors, brought up from the House of Commons, against John Langham, Alderman of the City of London; were read:

(Here enter them.)

The Articles of Impeachment of High Treason, and other High Crimes and Misdemeanors, brought up from the House of Commons, against James Bunce, Alderman of the City of London, were read. (Here enter them.)

To be brought to the Bar.

Ordered, That Alderman Adams, Alderman Langham, and Alderman Bunce, shall be brought to this Bar on Tuesday Morning next, to receive their several and respective Charges as abovesaid.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by the Lord Viscount Cranborne; who brought up an Ordinance for recovering Debts owing to Sir Thomas Dacres and Mr. Henry Pitts, from the Lord Capell, wherein they desire their Lordships Concurrence.

(Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to this Ordinance now brought up.

Reduced Officers Petition for Arrears.

Upon reading the Petition of divers Reduced Officers, desiring "some Consideration may be had for their "Arrears:"

It is Ordered, To be sent to the House of Commons, with Recommendations.

Message to the H. C. for the Marquis of Winton and the E. of Cleveland to have further Liberty.

A Message was sent to the House of Commons, by Doctor Bennett and Doctor Aylett:

1. To desire Concurrence, that the Lord Marquis of Winton and the Earl of Cleaveland may have Liberty from their Imprisonment in The Tower of London, for Four Months longer, after the Expiration of their former Time, upon the same Security as now they stand bound.

Ordinance for Law to be Rector of Wiberton.

(fn. *) Passed H. C. 21 April. 1648; went down about 1 March, 1647.

"Whereas Hugh Barcroft Clerk, late Rector of Wiberton, in the County of Lincolne, is ejected out of the said Rectory, by Edward Earl of Manchester, according to an Ordinance of Parliament, of the 22th of January, 1643, authorizing him thereunto, so that the Parish is destitute of a Preaching Minister: The Lords and Commons in Parliament assembled, to the End the said Rectory and Church may be supplied with a godly and orthodox Divine, have ordered, ordained, and appointed, and do hereby order, ordain, and appoint, Mr. Thomas Lawe to officiate in the said Church and Parish of Wiberton aforesaid; and that he shall and may have, hold, possess, and enjoy, the said Church and Rectory, with all the Houses, Rights, Members, Stipends, Duties, Glebe, Tithes, Profits, Commodities, and Appurtenances whatsoever, to the said Rectory and Parish Church belonging, from the Day of the Date of this Ordinance, during the Life of the said Hugh Barecroft, in as large and ample Manner as the said Hugh Barecroft, or any other Rector or Parson thereof, lawfully or of Right had the same."

"Articles of the Commons assembled in Parliament, whereby they impeach Thomas Adams, Alderman of the City of London, of High Treason, and other High Crimes and Misdemeanors.

Articles of Impeachment against Alderman Adams.

"That, upon the Six and Twentieth Day of July last past, and divers Days before and since, he the said Thomas Adams, being Alderman of the City of Lon don, at The Guildhall and other Places within the said City of London and Westm'r, and Counties of Middlesex and Surrey, contrary to his Duty and Allegiance, hath, together with Sir John Gaire Knight, John Langham, James Bunce, William Drake, Jeremy Banes, John Milton, Thomas Papillon, Richard Rumney, and Richard Brookes, Citizens of London, and with Colonel Sydenham Poyntz, Colonel John Dalbeire, Colonel James Middupe, Captain Robert Massey, and other Reformado Officers and Soldiers, and other Persons, maliciously and traiterously plotted and endeavoured, with open Force and Violence, and with armed Power, to compel and enforce the Lords and Commons then assembled in Parliament at Westm'r, to alter the Laws and Ordinances by Parliament established for the Safety and Weal of the Realm, and likewise maliciously and traiterously to raise and levy War, within the Places aforesaid, against the King, Parliament, and Kingdom; and accordingly, at the Time and Places aforesaid, hath, with the Persons aforesaid and others, maliciously and traiterously raised and levied War against the King, Parliament, and Kingdom, and, together with the Persons aforesaid, with open Force and Violence, and with armed Power, did maliciously and traiterously compel and enforce the said Lords and Commons in Parliament assembled to alter, annul, and make void, several Laws and Ordinances by Parliament established, and to make new Laws and Ordinances according to their own Will and Pleasure.

"That the said Thomas Adams, together with the said Sir John Gaire, John Langham, James Bunce, William Drake, Jeremy Baynes, John Milton, Thomas Papillon, Richard Romney, and Richard Brooke, Citizens, together with Colonel Sydenham Poyntz, Colonel John Dalbeire, James Midhope, Captain Robert Massy, and other Reformado Officers, Soldiers, and other Persons; which Reformadoes, by Ordinance of the Lords and Commons in Parliament assembled, for their tumultuous Carriage towards the Parliament, were commanded to depart out of the Cities of London and Westm'r, and Twenty Miles without the late Lines of Communication, and the Execution of the said Ordinance was committed to the said Thomas Adams, Sir John Gaire, John Langham, James Bunce, and other the then Militia of London, who were, by divers Orders of the House of Commons, put in Mind of their Duty, and required to put the said Ordinance duly in Execution; which they did not do, but did, at the Times and Places above-mentioned, traiterously and seditiously procure, abet, maintain, and encourage, the said Reformado Officers, and many Apprentices of the City of London, and divers other ill-affected Persons to the Proceedings of Parliament, by open Force and Violence, and with armed Power, to compel and enforce the Houses of Parliament to revoke, annul, and make void, an Ordinance of Parliament made and passed, by the Lords and Commons now assembled in Parliament, the Three and Twentieth of July, which was as followeth; videlicet,

"The Lords and Commons in Parliament assembled, taking into their serious Considerations the present State and Condition of the Kingdom of England, and particularly of the City of London, do ordain and declare, and be it Ordained and Declared by the Authority of Parliament, That the Lord Mayor and Sheriffs of the City of London for the Time being, Sir John Wollaston Knight, Isaac Pennington, Thomas Atkins, John Warner, James Bunce, John Fowke, William Gibbs, John Kendricke, John Langham, Richard Chambers, Aldermen, Field Marshal Skippon, Randall Manwareing, Francis Pecke, Samuell Warner, James Russell, Nathaniell Wright, William Berkley, Alexander Normington, Stephen Estwicke, Owen Roe, Richard Turner Senior, William Hobson, Richard Bateman, Richard Turner Junior, Robert Titchborne, Tempest Milner, William Antrobus, Thomas Player Senior, Samuell Harsnett, Francis Allen, Colonel Wilson, Colonel John Bellamy, Alexander Jones, Citizens, be, and are hereby, constituted a Committee for the Militia of the City of London, and the Liberties thereof, and all other Places within the Lines of Communication and Weekly Bills of Mortality; (fn. *) or any Nine or more of them, shall have Power, and are hereby authorized, to assemble and call together all and singular Person and Persons of the said City of London and Liberties thereof, within the Lines of Communication and Weekly Bills of Mortality, that are meet and fit for the Wars, and them train, exercise, and put in Readiness; and them, after their Abilities and Faculties, well and sufficiently from Time to Time to cause to be arrayed and weaponed, and to take the Musters of them in Places most fit for that Purpose; and that they shall have Power to lead, conduct, and employ, the Persons aforesaid, arrayed and weaponed, for the Suppression of all Rebellions, Insurrections, and Invasions, that may happen within the said City and Liberties thereof, or within the Lines of Communication and Weekly Bills of Mortality; and likewise they have further Power and Authority to lead, conduct, and employ, the Persons aforesaid, arrayed and weaponed, as well within the said City as within any other Part of this Realm of England, or Dominion of Wales, for the Suppression of all Rebellions, Insurrections, and Invasions, that may happen, according as they shall from Time to Time receive Directions from the said Lords and Commons in Parliament assembled; and that the said Committee, or any Nine or more of them as aforesaid, shall have Power, and are hereby authorized, to constitute and make Colonels, Captains, and other Officers, and shall have Power to remove and displace Colonels, Captains, and other Officers, from Time to Time, as they or any Nine or more as aforesaid shall see Cause and think fit; and that the said Committee, or any Nine or more of them as aforesaid, shall have the same Power and Authority, to all Intents and Purposes, and in the same Manner and Form, as any Committee for the Militia of the City of London had, the Twentieth of July, 1647, by an Order or Ordinance of Parliament; and that all and every Person or Persons, who have heretofore acted or done, or hereafter shall act or do, any Act or Thing whatsoever, by virtue of this or any former Ordinance or Ordinances of Parliament concerning the said Militia, shall be saved harmless and indemnified, for and concerning the same, by Authority of Parliament: And it is hereby further Ordained, That no Citizen of the City of London, nor any of the Forces of the said (fn. †) City or Liberties thereof, shall be drawn forth, or compelled to go out of the said City, or Liberties thereof, for Military Service, without his or their free Consent: And it is lastly Ordained and Declared, by Authority aforesaid, That the Ordinance of Parliament of the 4th of May, 1647, for the Militia of London, shall from henceforth cease and be determined, to all Intents and Purposes whatsoever: And this present Ordinance is to continue during the Pleasure of both Houses of Parliament.

"And likewise by such open Force and Violence, and with armed Power, to compel and enforce the said Lords and Commons assembled in Parliament to revoke, annul, and make void, a Declaration made by the said Lords and Commons the 24th of July, which is as followeth; (videlicet,)

"The Lords and Commons having seen a printed Paper, intituled, A Petition to the Lord Mayor, Aldermen, and Commons, of the Citty of London, in The Guildhall assembled, under the Names of diverse Cittizens, Comaunders, Officers, and Souldiers of the Trayned Bands, Auxiliaryes, and others, Young Men and Apprentices, Sea Comaunders, Seamen, and Watermen, together with a dangerous Engagement of the same Persons, by Oath and Vow, concerning the King's present coming to the Parliament, upon Terms far different from those which both Houses after mature Deliberation have declared to be necessary for the Good and Safety of this Kingdom, casting Reflections upon the Proceedings both of the Parliament and Army, and tending to the embroiling of the Kingdom in a new War; and the said Lords and Commons taking Notice of great Endeavours used by divers ill-affected Persons to procure Subscriptions thereunto, whereby the well-meaning People may be misled; do therefore declare, That whosoever, after Publication or Notice hereof, shall proceed in, or procure, or set his Name to, or give Consent that his Name be set unto, or any Way joined in, the said Engagement, shall be deemed and adjudged guilty of High Treason, and shall forfeit Life * and Estate, as in Case of High Treason is accustomed.

"And further, by (fn. *) the said open Force and Violence, and with armed Power, to compel and inforce the said Lords and Commons in Parliament assembled to make and ordain an Ordinance of Parliament, of the 26th of July, whereby they made the Ordinance of Parliament of the 4th of May, for and concerning the Militia of the City of London, formerly repealed, to be in full Force and Virtue, any Thing in the Ordinance (fn. †) of the 23th of July to the contrary notwithstanding.

"And the said James Midhope, Captain Robert Massey, and the said other Reformado Officers and Soldiers, Apprentices, and others the said ill-affected Persons, by the Procurement, Abetting, Maintenance, Encouragement, and Assistance, of the said Thomas Adams, Sir John Gayre, John Langham, James Bunce, William Drake, Jeremy Bane, John Milton, Thomas Papillon, Richard Rumney, and Richard Brooke, Citizens, did accordingly, traiterously and maliciously, with open Force and Violence, and with armed Power, upon or about the said Six and Twentieth of July, compel and enforce the said Lords and Commons in Parliament assembled within the City of Westm'r to repeal and make void the aforesaid Ordinance of the 23th of July, and also to revoke, annul, and make void, the aforesaid Declarations of the 24th of July, and to make and pass the said Ordinance for the Militia of the 4th of May, formerly repealed.

"And, by the said open Force and Violence, and armed Power, and by the Procurement, Abetting, Maintenance, Encouragement, and Assistance aforesaid, did, in or about the 26th of July, traiterously and maliciously compel and enforce the House of Commons to vote, "That the King should forthwith come up to the City of London;" which Procuring, Abetting, Maintaining, Encouraging, and actual Force as aforesaid, was procured and done to the Intent and Purpose to annul and make void several the Laws and Ordinances made by the Lords and Commons assembled in Parliament for the Safety and Welfare of the People of this Realm, and to destroy and take away the just Power and Authority of Parliament, and to the further Intent that he the said Thomas Adams, with other his said Confederates, might be the better enabled to carry on their traiterous Design of levying the said War against the King, Parliament, and Kingdom.

"That, in such further Prosecution of their said traiterous levying the said War, and other his traiterous Plottings, Contrivances, and Abettings as aforesaid, he the said Thomas Adams, together with the said Sir John Gayre, James Bunce, Aldermen, Denzill Holles, Walter Long, Esquires, Sir John Maynard Knight of the Bath, Colonel Edward Massey, and Colonel Sydenham Poyntz, Jeremy Baynes, William Drake, Richard Rumney, and other Persons, caused many of the said Reformadoes, Officers and Soldiers, and many Regiments of other armed Men, to the Number of Ten Thousand and upwards, upon or about the 30th Day of July last, to be listed, and, being so listed, armed, and raised, to be employed with Weapons of War, offensive and defensive, in a Warlike Manner, to fight against the Army under the Command of Sir Thomas Fairefax, appointed to defend the Parliament and Kingdom, and was then marching up to the City of London to that Purpose: And the said Thomas Adams, the said Reformado Officers and Soldiers, and Persons aforesaid, with the said Regiments of armed Men and other Forces, at the Time aforesaid, did levy actual Wars, within the Cities of London and Westm'r, Counties of Middlesex and Surrey, against the King, Parliament, and Kingdom.

"By all which Ways and Means, the said Thomas Adams hath traiterously and maliciously complotted, contrived, and actually levied War, against the King, Parliament, and Kingdom; and hath traiterously and maliciously plotted, contrived, and abetted, the Forcing of the said Houses of Parliament as abovesaid, which actually, by him and his Abetment and Procurement, hath been done accordingly.

"For all which, they do impeach him of High Treason, against the King, His Crown and Dignity. And the said Commons, by Protestation, saving to themselves a Liberty of exhibiting, at any Time hereafter, any other Accusation or Impeachment against the said Thomas Adams, and also of replying to the Answers that the said Thomas Adams shall make to the said Articles, or any of them, and of offering further Proof also of the Premises, or any of them, or of any other Impeachment or Accusation that shall be by them, as the Cause shall (according to the Course of Parliament) require, do pray, That the said Thomas Adams may be put to answer to all and every of the Premises; and that such Proceedings, Examination, Trial, and Judgement, may be upon every of them had and used as is agreeable to Law and Justice."

"The Heads of a Report made to the Committee of Lords and Commons for the University of Oxford, from the Commissioners there, concerning all the Passages whilst the Earl of Pembrooke Chancellor of the University was there.

Report from the Commissioners at Oxford University, of the Proceedings while the E. of Pembroke was there.

"The Chancellor did behave himself, in the whole Business with singular Zeal, Fidelity, and Patience; vindicating the Authority of Parliament, encouraging all those that did appear for the Public Good, discountenancing the Malignants and Opposites, and exceedingly advancing the Reformation of that University; and, that he might give a special Testimony of his good Affections to Piety as well as Learning, he gave to the University the Bible lately printed in France, in the Original Tongues and other Learned Languages. He was entertained by the Visitors and their Delegates with several Orations in English and Latin, and with many Verses from the Younger Students, that either came to the University since the Surrender of Oxford, or else were constrained to leave the University in the King's Time.

"The Chancellor and Visitors went to the several Colleges, and invested the several Heads of Houses and Prebendaries of Christ Church put in by the Parliament. They were waited on by Six Beadles, which were chosen in the room of those that are withdrawn and have taken their Staves out of the Way; so that my Lord and the Visitors had no Insignia, but a Seal which the Visitors found casually; all the rest being detained from them, and the Men in whose Hands the Insignia last were being withdrawn.

"In going to the several Colleges, the Chancellor and Visitors found the several Societies generally disaffected and disobedient to the Power of Parliament; that none of them that were there in the King's Time (that we could have Notice of) did give their Attendance on the Chancellor and Visitors, though they had Warning to appear in the Public Halls. When they came to the several Colleges, to invest the Heads placed by the Parliament, none of the College Gates were set open to receive the Chancellor and Visitors; and none of the Heads of Houses or Members of the University of the old Stock came to present their Service to the Chancellor, excepting Two or Three whose Interests and private Occasions brought (fn. *) them to him. The Chancellor and Visitors were constrained to make their Way into several of their Lodgings with an Iron Sledge, and to keep Possession by Soldiers; and in some Colleges, where the Chancellor and Visitors had entered the Names of such as were put into Places by the Parliament, their Names were razed out again, the Leaf torn out where they were entered.

"Doctor Shelden, the former Warden of All Soules, was committed, for his contemptuous Carriage."

Report from the Committee for Oxford University, about them.

"April. 20, 1648.

"At the Committee of Lords and Commons for Reformation of the University of Oxford.

"Ordered, That a Report be made to both Houses of Parliament, of the great Care and Pains which the Earl of Pembrooke, Chancellor of the University of Oxford, hath taken in the late Visitation thereof; and the Houses be moved, to give him Thanks for the same.

"Ordered, That, in regard of the late Contempt of Fellows, Officers, and Members of Colleges in Oxford, to the Authority of Parliament, the Houses be moved, That the Visitors may send new Summons, for all Fellows, Officers, and Members, of the several Colleges and Halls; and if they do not appear, or, appearing, shall not submit to the Authority of Parliament in the Visitation, that then the Visitors shall have Power to suspend for the present, and to certify the same to this Committee, who, upon the Certificate thereof, shall have Power to remove and deprive them from their Places in the respective Colleges and Halls, and to expel them from the University; and, upon Certificate thereof from this Committee, the Heads of Houses in their respective Colleges and Halls, with the Visitors, shall put others in their Places.

"Ordered, That the Houses be moved, that this Order may be printed; and that the Visitors publish it in the University.

"Ordered, That the Houses be moved, That the Bursers and Treasurers of Colleges in Oxford shall retain and keep such Monies as they have received, without making any Dividend, until they shall receive Order from this Committee; and that from henceforth all Tenants, and such others as are to pay any Money or other Duties to any College in the University of Oxford, shall pay the same to the Heads of Houses appointed by Authority of Parliament respectively, or to those whom they shall appoint to receive the same, and to no other.

Votes for further Reformation of Oxford University.

"Ordered, by the Lords and Commons assembled in Parliament, That, in regard of the late Contempt of Fellows, Officers, and Members of Colleges in Oxford, to the Authority of Parliament, the Visitors do send a new Summons, to all Fellows, Officers, and Members, of the several Colleges and Halls; and if they do not appear, or, appearing, shall not submit to the Authority of Parliament in the Visitation, that then the Visitors shall have Power to suspend for the present, and to certify the same to the Committee of Lords and Commons for Reformation of the University of Oxon; who, upon the Certificate thereof, shall have Power to remove and deprive them from their Places in the respective Colleges and Halls, and to expel them from the University; and, upon Certificate thereof from the said Committee, the Heads of Houses in their respective Colleges and Halls, with the Visitors, shall put others in their Places.

"Ordered, by the Lords and Commons assembled in Parliament, That the Order above written be forthwith printed; and that the Visitors of the University of Oxford do publish the same in the University of Oxford.

"Ordered, by the Lords and Commons assembled in Parliament, That the Bursers and Treasurers of the Colleges in Oxford shall retain and keep such Monies as they have received, without making any Dividend, until they shall receive Order from the Committee of Lords and Commons for Reformation of the University of Oxford; and that, from henceforth, all Tenants, and such others as are to pay any Money or other Duties to any College in the University of Oxford, shall pay the same to the Heads of Houses appointed by Authority of Parliament respectively, or to those whom they shall appoint to receive the same, and to no other; and that the Acquittance or Acquittances of such Heads of Houses, or of such as they shall appoint to receive the same, shall be a sufficient Warrant and Discharge to the several Tenants, for the Payment thereof accordingly, not withstanding any Condition in their Leases to the contrary."

Order for Skinner to have Bromleyhouse from the Bishop of Rochester.

"Ordered, by the Lords and Commons assembled in Parliament, That the High Sheriff of the County of Kent be hereby required and enjoined to remove Doctor Warner, late Bishop of Rochester, and all other Persons whom he shall find in Possession of the Manor-house of Bromley in Kent, out of the said House; and to deliver the Possession of the said Manorhouse, with the Appurtenances, and other the Lands there (late Parcel of the Possessions belonging to the late Bishopric of Rochester), unto Augustine Skinner Esquire, or to such Person as he shall authorize under his Hand and Seal to receive the same, who hath purchased the said Manor of the Trustees for Sale of Bishops Lands, according to the Ordinances of Parliament in that Behalf; and to give an Account hereof to the Houses within Four Days from the Date hereof."

Order for Sir Tho. Dacres and Pitts to be paid a Debt due to them by Lord Capel, out of the Sequestration of his Estate.

"Whereas there is due and owing unto Sir Thomas Dacres, of Chesthunt, in the County of Hertford, Knight, by and from Arthur Capell, of Hadamhall, in the said County of Hertford, Esquire, and now Lord Capell, a Delinquent, for bearing Arms against the Parliament, the Sum of Five Hundred Pounds Principal-money, as by Bond, dated the 28th Day of June, 1641, appeareth, and also the Sum of One Hundred and Fourscore Pounds for the Interest thereof, dated the 31th Day of December last past, 1647; and whereas there is due and owing unto Henry Pitts, Gentleman, by and from the same Arthur Lord Capell, the Sum of Fifteen Hundred Pounds Principal-money, for Payment whereof the said Arthur Lord Capell and Sir Thomas Dacres stand bound to the said Henry Pitts, as by Bond, dated the 29th Day of January, 1641, appeareth, and also the Sum of Six Hundred Pounds for the Interest thereof, due the 31th of January last past, 1641: And forasmuch as the said Sir Thomas Dacres and Henry Pitts are wholly without Means or Remedy to recover the said Sums of Money from the said Arthur Lord Capell, due, and which may become due, to them or either of them, upon the said Bonds, by any Course at the Common Law, in regard of the Sequestration of the Estate of the said Arthur Lord Capell: The Lords and Commons assembled in Parliament, taking the Justice of the Debts and the Premises into their Consideration, do order and ordain, That as well out of the Sequestration, as upon the Sale, of the Lands or Estate of the said Arthur Lord Capell, in the County of Hertford or elsewhere, the said several Sums of Five Hundred Pounds and Fifteen Hundred Pounds Principal-money, due and owing unto the said Sir Thomas Dacres and Henry Pitts, together with all such Interest-money as now is or hereafter shall accrue and become due for Forbearance of the same, or either of them, until the Day of the Payment of them and every of them, shall be fully satisfied and paid unto the said Sir Thomas Dacres and Henry Pitts, or their Assigns respectively; and all and every Committee and Committees, as well for Sequestrations as otherwise, of the respective Counties and Places where the Lands and Estates of the said Arthur Lord Capell, or any Part thereof, shall happen to be situate, lying, or being, and all others whom it may concern, be and are hereby authorized and required to cause due Payment and Satisfaction to be made, according to the true Intent and Meaning of this Ordinance; and that the Acquittance or Acquittances of the said Sir Thomas Dacres and Henry Pitts, or their respective Assignee or Assignees, shall be a sufficient Discharge to the respective Committees, or other Treasurers, for such Sums of Money as shall from Time to Time be received by them respectively: And for so doing, this shall be to them and every of them a sufficient Warrant and Discharge in that Behalf."

"Articles of the Commons assembled in Parliament, whereby they impeach John Langham, Alderman of the City of London, of High Treason, and other High Crimes and Misdemeanors.

Articles of Impeachment against Alderman Langham.

"That, upon the Six and Twentieth Day of July last past, and divers Days before and since, he the said John Langham, being Alderman of the City of London, at Guildhall and other Places within the said Cities of London and Westm'r, and Counties of Middlesex and Surrey, hath, together with Sir John Gaire Knight, Thomas Adams, James Bunce, Aldermen of London, William Drake, Jeremy Banes, John Milton, Thomas Papillon, Richard Rumney, and Richard Brooke, Citizens of London, and with Colonel Sydenham Poyntz, Colonel John Dalbeir, Colonel James Medhope, Captain Robert Massy, and other Reformado Officers and Soldiers, and other Persons, maliciously and traiterously plotted and endeavoured, with open Force and Violence, and with armed Power, to compel and enforce the Lords and Commons, then assembled in Parliament at Westm., to alter the Laws and Ordinances by Parliament established for the Safety and Weal of the Realm, and likewise maliciously and traiterously to raise and levy War, within the Places aforesaid, against the King, Parliament, and Kingdom; and accordingly, at the Time and Places aforesaid, hath, with the Persons aforesaid and others, maliciously and traiterously raised and levied War, against the King, Parliament, and Kingdom; and, together with the Persons aforesaid, with open Force and Violence, and with armed Power, did maliciously and traiterously compel and enforce the said Lords and Commons in Parliament assembled to alter, annul, and make void, several Laws and Ordinances by Parliament established, and to make new Laws and Ordinances according to their own Will and Pleasure.

"That the said John Langham, together with the said Sir John Gayre, Thomas Adams, James Bunce, Wm. Drake, Jeremy Banes, John Milton, Thomas Papillon, Richard Rumney, and Richard Brooke, Citizens of London, together with Colonel Sydenham Poyntz, Colonel John Dalbeare, Colonel James Middupe, Captain Robert Massy, and other Reformado Officers, Soldiers, and other Persons; which Reformadoes, by Ordinance of the Lords and Commons in Parliament assembled, for their tumultuous Carriage towards the Parliament, were commanded to depart out of the Cities of London and Westm'r, and Twenty Miles without the late Lines of Communication, and the Execution of the said Ordinance was committed to the said John Langham, Sir John Gayre, Thomas Adams, James Bunce, and other the then Militia of the City of London, who were, by divers Orders of the House of Commons, put in Mind of their Duty, and required to put the said Ordinance duly in Execution; which they did not do, but did, at the Times and Places abovementioned, traiterously and seditiously procure, abet, maintain, and encourage, the said Reformado Officers and Soldiers, and many Apprentices of the City of London, and divers other illaffected Persons to the Proceedings of Parliament, by open Force and Violence, and with armed Power, to compel and enforce the Houses of Parliament to revoke, annul, and make void, an Ordinance of Parliament, made and passed, by the Lords and Commons now assembled in Parliament, the Three and Twentieth Day of July, which was as followeth:

"The Lords and Commons in Parliament assembled, taking into their serious Considerations the present State and Condition of the Kingdom of England, and particularly of the City of London, do ordain and declare, and be it Ordained and Declared by the Authority of Parliament, That the Lord Mayor and Sheriffs of the City of London for the Time being, Sir John Wollaston Knight, Isaac Pennington, Thomas Atkins, John Warner, James Bunce, John Fowke, William Gibbs, John Kendricke, John Langham, Richard Chambers, Aldermen, Field Marshal Skippon, Randall Manwareing, Francis Pecke, Samuell Warner, James Russell, Nathaniell Wright, Wm. Berkly, Alexander Normington, Stephen Estwicke, Owen Rowe, Richard Turner Senior, William Hobson, Richard Bateman, Richard Turner, Junior, Robert Titchborne, Tempest Milner, William Antrobus, Thomas Player Senior, Samuell Harsnett, Francis Allen, Colonel Wilson, Colonel John Bellamy, Alexander Jones, Citizens, be, and are hereby, constituted a Committee for the Militia of the City of London, and the Liberties thereof, and all other Places within the Lines of Communication and Weekly Bills of Mortality; (fn. *) or any Nine or more of them, shall have Power, and are hereby authorized, to assemble and call together all and singular Person and Persons of the said City of London and Liberties thereof, within the Lines of Communication and Weekly Bills of Mortality, that are meet and fit for the Wars; and them train, exercise, and put in Readiness; and them, after their Abilities and Faculties, well and sufficiently from Time to Time to cause to be arrayed and weaponed, and to take the Musters of them in Places most fit for that Purpose; and that they shall have Power to lead, conduct, and employ, the Persons aforesaid, arrayed and weaponed, for the Suppression of all Rebellions, Insurrections, and Invasions, that may happen within the said Cities and Liberties thereof, or within the Lines of Communication and Weekly Bills of Mortality; and likewise they have further Power and Authority to lead, conduct, and employ, the Persons aforesaid, arrayed and weaponed, as well within the said City as within any other Parts of this Realm of England or Dominion of Wales, for the Suppression of all Rebellions, Insurrections, and Invasions, that may happen, as they shall from Time to Time receive Directions from the said Lords and Commons in Parliament assembled; and that the said Committee, or any Nine or more of them as aforesaid, shall have Power, and are hereby authorized, to constitute and make Colonels, Captains, and other Officers, and shall have Power to remove and displace Colonels, Captains, and other Officers, from Time [ (fn. †) to Time], as they or any Nine or more as aforesaid shall see Cause and think fit; and that the said Committee, or any Nine or more of them as aforesaid, shall have the same Power and Authority, to all Intents and Purposes, and in the same Manner and Form, as any Committee for the Militia of the City of London had, the Twentieth of July, 1647, by any Order or Ordinance of Parliament; and that all and every Person or Persons who have heretofore acted or done, or hereafter shall act or do, any Act or Thing whatsoever, by virtue of this or any former Ordinance or Ordinances of Parliament concerning the said Militia, shall be saved harmless and indemnified, for and concerning the same, by Authority of Parliament: And it is hereby further Ordained, That no Citizen of the City of London, nor any of the Forces of the said City or Liberties thereof, shall be drawn forth, or compelled to go out of the said City, or Liberties thereof, for Military Service, without his or their free Consent: And it is lastly Ordained and Declared, by Authority aforesaid, That the Ordinance of Parliament of the Fourth of May, 1647, for the Militia of London, shall from henceforth cease and be determined, to all Intents and Purposes whatsoever: And this present Ordinance is to continue during the Pleasure of both Houses of Parliament.

"And likewise, by such open Force and Violence, and with armed Power, to compel and enforce the said Lords and Commons assembled in Parliament to revoke, annul, and make void, a Declaration made by the said Lords and Commons the Four and Twentieth of July, which is as followeth:

"The Lords and Commons having seen a printed Paper, intituled, A Petition to the Lord Mayor, Aldermen, and Commons, of the Citty of London, in The Guildhall assembled, under the Names of diverse Cittizens, Comaunders, Officers, and Souldiers of the Trayned Bands, Auxiliaryes, and others, young Men and Apprentizes, Sea Comaunders, Seamen, and Watermen, together with a dangerous Engagement of the same Persons, by Oath and Vow, concerning the King's present coming to the Parliament, upon Terms far different from those which both Houses after mature Deliberation have declared to be necessary for the Good and Safety of this Kingdom, casting Reflections upon the Proceedings both of Parliament and Army, and tending to the embroiling of the Kingdom in a new War; and the said Lords and Commons taking Notice of great Endeavours used by divers ill-affected Persons to procure Subscriptions thereunto, whereby well-meaning People may be misled; do therefore declare, That whosoever, after Publication or Notice hereof, shall proceed in, or procure, or set his Name to, or give Consent that his Name be set unto, or any Way join in the said Engagement, shall be deemed and adjudged guilty of High Treason, shall forfeit Life and Estate, as in Case of High Treason is accustomed.

"And further, by the said open Force and Violence, and with armed Power, to compel and enforce the said Lords and Commons in Parliament assembled to make and ordain an Ordinance of Parliament, of the Six and Twentieth of July, whereby they made the Ordinance of Parliament of the Fourth of May, for and concerning the Militia of the City of London, formerly repealed, to be in full Force and Virtue, any Thing in the Ordinance of the Three and Twentieth of July to the contrary notwithstanding.

"And the said James Middupe, Captain Robert Massey, and the said other Reformado Officers and Soldiers, Apprentices, and other the said ill-affected Persons, by the Procurement, Abetting, Maintenance, Encouragement, and Assistance, of the said John Langham, Sir John Gaire, Thomas Adams, James Bunce, William Drake, Jeremy Baynes, John Milton, Thomas Papillon, Richard Rumney, and Richard Brooke, Citizens, did accordingly, traiterously and maliciously, with open Force and Violence, and with armed Power, upon or about the said Six and Twentieth of July, compel and enforce the said Lords and Commons in Parliament assembled within the City of Westminster to repeal and make void the aforesaid Ordinance of the Three and Twentieth of July, and to make and pass the said Ordinance for the Militia of the Fourth of May, formerly repealed.

"And, by the said open Force and Violence, and armed Power, and by the Procurement, Abetting, Maintenance, Encouragement, and Assistance as aforesaid, did, on or about the 26th of July, traiterously and maliciously compel and enforce the House of Commons to vote, "That the King should forthwith come up to the City of London;" which Procuring, Abetting, Maintaining, Encouraging, and actual Force as aforesaid, was procured and done to the Intent and Purpose to adnul and make void several the Laws and Ordinances made by the Lords and Commons assembled in Parliament for the Safety and Welfare of the People of this Realm, and to destroy and take away the just Power and Authority of Parliament, and to the further Intent that he the said John Langham, with others his said Confederates, might be the better enabled to carry on their traiterous Design of levying the said War, against the King, Parliament, and Kingdom.

"That, in further Prosecution of their said traiterous levying the said War, and other his traiterous Plottings, Contrivings, and Abettings as aforesaid, he the said John Langham, together with the said Sir John Gaire, Thomas Adams, James Bunce, Aldermen, Denzill Holles, Walter Long, Esquires, Sir John Maynard Knight of the Bath, Colonel Edward Massy, and Colonel Sydenham Poyntz, Jeremy Baynes, William Drake, Richard Rumney, and other Persons, caused many of the said Reformado Officers and Soldiers, and many Regiments of other armed Men, to the Number of Ten Thousand armed Men and upwards, upon or about the 30th Day of July last past, to be listed, and, being so listed, armed, and raised, to be employed with Weapons of War, offensive and defensive, in a Warlike Manner, to fight against the Army under the Command of Sir Thomas Fairefax, appointed to defend the Parliament and Kingdom, and was then marching up to the City of London to that Purpose: And the said John Langham, and the said Reformado Officers and Soldiers, and Persons aforesaid, did levy actual War, within the Cities of London and Westm'r, Counties of Midd. and Surrey, against the King, Parliament, and Kingdom.

"By all which Ways and Means, (fn. *) the said John Langham hath traiterously and maliciously complotted, contrived, and actually levied War, against the King, Parliament, and Kingdom; and hath traiterously and maliciously plotted, contrived and abetted, the Forcing of the said Houses of Parliament as abovesaid, which actually by him and his Abetment and Procurement hath been done accordingly.

"For all which, they do impeach him of High Treason, against the King, His Crown and Dignity. And the said Commons, by Protestation, saving to themselves a Liberty of exhibiting, at any Time hereafter, any other Accusation or Impeachment against the said John Langham, and also of replying to the Answers that the said John Langham shall make to the said Articles, or any of them, and of offering further Proof also of the Premises, or any of them, or of any other Impeachment or Accusation that shall be by them as the Cause shall (according to the Course of the Parliament) require, do pray, That the said John Langham may be put to answer to all and every of the Premises; and that such Proceedings, Examination, Trial, and Judgement, may be upon every of them had and used, as is agreeable to Law and Justice."

"Articles of the Commons assembled in Parliament, whereby they impeach James Bunce, Alderman of the City of London, of High Treason, and other High Crimes and Misdemeanors.

Articles of Impeachment against Alderman Bunce.

"That, upon the Six and Twentieth Day of July last past, and divers Days before and since, he the said James Bunce, at The Guildhall and other Places within the said Cities of London and Westm'r, and Counties of Middlesex and Surrey, contrary to his Duty and Allegiance, hath, together with Sir John Gaire Knight, Thomas Adams, John Langham, Aldermen of London, William Drake, Jeremy Baynes, John Milton, Thomas Papillon, Richard Rumney, and Richard Brookes, Citizens of London, and with Colonel Sydenham Poyntz, Colonel John Dalbeare, Colonel James Midhope, Captain Robert Massy, and other Reformado Officers and Soldiers, and other Persons, maliciously and traiterously plotted and endeavoured, with open Force and Violence, and with armed Power, to compel and enforce the Lords and Commons, then assembled in Parliament at Westm'r, to alter the Laws and Ordinances by Parliament established for the Safety and Weal of the Realm, and likewise maliciously and traiterously to raise and levy War, within the Places aforesaid, against the King, Parliament, and Kingdom; and accordingly, at the Time and Places aforesaid, hath, with the Persons aforesaid and others, maliciously and traiterously raised and levied War against the King, Parliament, and Kingdom; and, together with the Persons aforesaid, (fn. *) "

Adjourn.

House adjourned till 10a cras.

Footnotes

* Deest in Originali.
* This Marginal Note is in the Original.
* Sic.
Deest in Originali.
* Deest in Originali.
Origin. in.
* Deest in Originali.
* Sic.
Bis in Originali.
* Origin. by the.
* Sic.