House of Lords Journal Volume 8
11 July 1646

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1767-1830

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'House of Lords Journal Volume 8: 11 July 1646', Journal of the House of Lords: volume 8: 1645-1647 (1767-1830), pp. 432-433. URL: http://www.british-history.ac.uk/report.aspx?compid=34076 Date accessed: 20 September 2014.


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DIE Saturni, 11 die Julii.

PRAYERS, by Mr. Warde.

Comes Manchester, Speaker.

Comes Essex.
Comes Northumb.
Comes Warwicke.
Comes Pembrooke.
Comes Denbigh.
Comes Suffolke.
Ds. Grey.
Ds. Mountague.
Ds. North.
Ds. Willoughby.
Ds. Wharton.
Ds. Bruce.
Ds. Dacres.
Ds. Hunsdon.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:

That they agree to the Pass for the Earl of Bristoll.

And likewise to the Ordinance for Mr. Edmond Cason to be Agent at Algiers. (Here enter it.)

To the Order concerning the Mayor of Leverpoole.

(Here enter it.)

And to the Alterations in the Ordinance concerning the Papists and Irish to go out of the Line of Communication. (Here enter it.)

To all the rest, they will send an Answer by Messengers of their own.

Committees to go to the French Ambassador, to see his Credentials.

The Speaker acquainted this House, "That Sir Oliver Fleminge, Master of the Ceremonies, signified to him, That he was commanded by the French Ambassador to give their Lordships Thanks, for their Respects shewed him at his First Landing; and to desire that their Lordships would please to appoint him as speedy a Day for his Audience as their Lordships shall think fit; and that, if their Lordships shall please to think it sit, for the saving of Time, to send any Persons to him in the mean Time, he will shew them his Credentials, lest there should be any Mistake in the Forms and Stiles to the Parliament."

Hereupon this House Ordered the Earls of Northumb. and Manchester to go privately to the French Ambassador, and see his Credentials; and that the House of Commons be desired to join some Members of theirs to go with the Lords.

Message to the H. C. about it, and with Orders, &c.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

To let them know, that this Day the French Ambassador hath sent his Acknowledgement to the Houses, from his respectful Reception Yesterday; and he defires to have a speedy Audience; in the mean (fn. *) Time, that some Persons may be sent from the Houses, to peruse his Credentials, lest there should be any Mistake or Error in the Stile; if there be, that it might be amended: To this Purpose, their Lordships have appointed Two Lords, to go and peruse them; and desire them to nominate a proportionable Number of their House, to go with them.

2. To desire their Concurrence, that the Earl of Cleveland may have Liberty, upon Security, to go see his Lady, for Three Weeks.

3. To put them in Mind of the Ordinance concerning the Committees in the several Counties.

Lylburne refuses to answer to the Charge against

him in this House, or to hear it read.

This Day being appointed for John Lylburne to be brought to this Bar, to hear and answer his Charge; and he being brought to the Bar, and being commanded by the House to kneel as a Delinquent; he refused to do it, saying, "He shall not."

Then the House commanded his Charge to be read to him.

He said, "He would not hear it; he having appealed to the House of Commons from this House, to which he would stand to as long as he had Life."

And upon the reading of the Charge, he stopped his Ears with his Fingers, and would not hear it read.

Whereupon it was moved, by Mr. Serjeant Fynch, One of the King's Counsel, "That, this being as great an Affront as could be offered to so great a Court as this is, he might be made to hear his Charge read."

And the House upon this commanded him to withdraw; and upon Consideration, it was Ordered, That he should be called in and admonished, and told, "That, by his stopping of his Ears, and Ill-Language and Deportment, he had deprived himself of what Favour he might have had in this House; therefore commanded him to hear his Charge read without stopping of his Ears."

He answered, "He had appealed from this House (their Lordships not being his competent Judges) to the House of Commons; to which he will stand to as long as he hath any Blood in his Body."

Upon this, the House commanded his Charge to be read to him: But he said, "He would not hear it read;" and so stopped his Ears while it was read.

When it was read, the Speaker asked him, "What he said to his Charge?"

He said, "He heard nothing of it; he had nothing to do with it; he took no Notice of it; but would stand to his Protestation, and having appealed from their Lordships, and protested against them, as unrighteous Judges, to those Judges who are to judge him and their Lordships, the House of Commons assembled in Parliament; and did render up his Body to their Lordships Fury."

He was commanded to withdraw. And the House, upon Consideration of the whole Matter of the Charge, taking his Refusal to answer pro Consesso, and also the high Contempt to the Honour and Dignity of this House shewed by his Words and Speeches this Day at this Bar; which were contained in his Charge.

And it was Adjudged by this House,

Judgement against him.

"First, That Lieutenant Colonel John Lylburne, for his high Contempt to the Honour of this House, shall be sined Two Thousand Pounds to the King.

"2dly, That he shall be imprisoned, in The Tower of London, during the Pleasure of this House."

And it was Adjudged by this House, upon the whole Matter of the Charge against Lieutenant Colonel John Lylburne,

"1. That he shall be fined to the King in Two Thousand Pounds.

"2. That he shall be imprisoned the Space of Seven Years.

"3. That he shall be uncapable to bear any Office or Place, Military or Civil, in Church or Commonwealth, during his Life."

His Pamphlets to be burnt by the Hangman.

Ordered, That the Pamphlet, intituled, "The Just Man's Justification, or a Letter by Way of Plea in Barr," and the Pamphlet, intituled, "The Freeman's Freedome vindicated," mentioned in the Charge against Lieutenant Colonel John Lylburne, shall be burned, by the Hand of the Common Hangman, in the Presence of the Sheriffs or their Officers, on Monday Morning next, at Ten of the Clock, at The Ould Exchange in London, and The New Pallace in Westm.

Message from the H.C. to expedite the Propositions.

A Message was brought from the House of Commons, by Mr. Samuell Browne:

To let their Lordships know, that the House of Commons have Resolved to adjourn their House till Wednesday next, and Tuesday is the Thanksgiving-day for the Surrender of Oxford, so they shall not sit as a House till Wednesday next; and taking into Consideration the great Necessity of sending away the Propositions to the King, they desire their Lordships would please to give a Dispatch to the Propositions.

And the Question being put, "Whether to agree to the 15th Proposition, as it came last from the House of Commons?"

It was Resolved in the Affirmative.

The Answer returned was:

Answer.

That this House agrees to the Propositions as they came up from the House of Commons:

Propositions to be communicated to the Scots Commissioners, and sent to the King.

Ordered, That the House of Commons be sent to, for their Concurrence, that the Members of both Houses that are of the Committee of both Kingdoms may communicate to the Scotts Commissioners the Propositions as they are agreed to by both Houses; and to let them know, that the Houses have appointed Two Lords, and a proportionable Number of the House of Commons, to go on Monday next with the Propositions to the King; and to desire, if they think it sit, that some of their Number may go along with them.

Letter from the Scots Commissioners.

A Letter from the Commissioners of Scotland was read; and Ordered to be sent to the House of Commons. (Here enter it.)

Dell to attend about his Sermon.

Ordered, That Mr. Dell shall attend this House on Wednesday Morning next, at which Time this House will take his Business into Consideration.

Judgement against Lilburn to be drawn up.

Ordered, That Mr. (fn. *) Serjeant Fynch, Mr. Herne, Mr. Hayles, and Mr. Glover, shall draw up the Judgement against Lieutenant Colonel John Lylburne into Form, and take the Advice of the Judges therein after it is done; and, being perfected, to bring it into this House on Wednesday Morning next.

Committee to reform Disorders in the Army.

Ordered, That the Committee appointed to consider of communicating the Vote of this House to the House of Commons concerning the Army, shall meet on Wednesday Morning next; and afterwards from Time to Time, as they shall think fit to adjourn themselves.

Lilburn removed to The Tower.

Ordered, That the Keeper of Newgate shall have a Discharge for his Releasing of Lieutenant Colonel Lylburne out of his Custody, and to transfer him over to the Lieutenant of the Tower of London.

Lady Vere Carr's Petition.

Upon reading the Petition of Veere Carr: It is Ordered, That it be sent to the House of Commons, with special Recommendations.

Ordinance for Mr. Cason to be Agent at Algier, for redeeming the Captives.

"It is Ordered, by the Lords and Commons assembled in Parliament, That Edmund Cason Esquire be sent as Agent to Algier, with the Ship and Goods prepared for the Redemption of the Captives in Algier and Tunnis, and renewing the ancient Peace with them: And it is further Ordered, That the Committee of the Foreign Affairs do draw up Letters Credential, Commission, Instructions, and all other Documents fit for him; which the Speakers of both Houses are, upon Presentation of the same unto them, to subscribe; and the said Letters are to be sealed up with the Seal of the Admiralty Court, whereof the Officers whom it may concern are to take Notice, and observe accordingly."

Ordinance for the Papists, &c. that have been in Arms for the King, not to come within the Lines.

"Be it Ordained, by the Lords and Commons now assembled in Westm'r, That all Papists and Irish that have adhered to the Enemy, and are come into the Cities of London and Westm'r, and within the Lines of Communication, shall forthwith depart and remove themselves Twenty Miles distant from the said Cities and Lines of Communication; and that no Papists nor Irish that have adhered to the Enemy shall come within the said Cities or Lines of Communication, or within Twenty Miles thereof; but shall be and remain in such Manner, and in such like Quality and Condition, as is comprized within the Aticles of Oxford for other Persons excepted from Pardon."

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:

That they agree that the Earl of Cleveland shall have his Liberty, for Three Weeks, to see his Lady; and they concur in sending some of their Members to see the Superscription of the French Ambassador's Credentials.

Adjourn.

House adjourned till Wednesday Morning next, 10 a Clock.

Footnotes

* Deest in Originali.