House of Lords Journal Volume 8
17 September 1646

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1767-1830

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'House of Lords Journal Volume 8: 17 September 1646', Journal of the House of Lords: volume 8: 1645-1647 (1767-1830), pp. 493-494. URL: http://www.british-history.ac.uk/report.aspx?compid=34103 Date accessed: 22 August 2014.


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DIE Jovis, 17 Septembris.

Earl of Manchester, Speaker.

Comes Northumberland.
Comes Kent.
Comes Salisbury.
Comes Stamford.
Comes Suff.
Comes Midd.
Comes Warwicke.
Comes Lincolne.
Comes Denbigh.
Viscount Say & Seale.
Ds. Willoughby.
Ds. Hunsdon.
Ds. Grey.
Ds. Maynard.
Ds. Wharton.

Huckley sent for, for burying Persons with the Prayer Book.

Ordered, That Mr. Huckly, of the University of Cambridge, shall appear before the Lords in Parliament forthwith after Sight of this Order; and that the ViceChancellor of the said University shall send up such Witnesses as can prove his Miscarriage, and tumultuous Burying of some Persons with the Common Prayer Book: And this to be a sufficient Warrant in that Behalf.

Oxley to be instituted to Whaton.

Ordered, That Mr. Doctor Aylett, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Amor Oxley Master of Arts, to the Rectory of the Parish Church of Whaton, in the County of Northumberland, salvo Jure cujuscunque; the said Mr. Oxley producing his Presentation thereunto under the Hand and Seal of Robert Grey Esquire, the lawful Patron: And this to be sufficient Authority in that Behalf.

Steward's Cause.

Ordered, That the Cause of Mr. Stewart shall be heard the last Day in Michaelmas Term.

Order for Cownly and Urry, to search for Records in Bolingbroke, relative to Sutton Marsh.

"Whereas the Right Honourable the Earl of Pembrooke is, by Order of the Lords in Parliament, dated the 26th of March, 1644, to receive the Rents and Profits of Sutton Marsh, in Lincolnesheir, by Way of Sequestration; and whereas there are divers Court Rolls, Presentments, Accompts, and other Writings, touching the said Marsh, and the Manors of Sutton, and in St. Marye's to which the said Marsh adjoins and belongs, remaining at or near Bullingbrooke, which are necessary to be used for the better Execution of the said Sequestration: It is Ordered, by the Lords in Parliament assembled, That all such Persons as have in their Hands or Custodies any the said Court Rolls, Accompts, or Writings, to permit and suffer Edward Cownly and William Urry Gentlemen, or either of them, to peruse the same, and to take Copies thereof; for which this shall be a sufficient Warrant in that Behalf.

"To the Keeper of the Castle of Bullingbrook, and to all other Officers and Persons whom these may concern."

Lylburn's Sentence.

The Sentence against John Lilbourne, drawn up by the Counsel that managed the Articles against him, was read Twice in the House publicly. (Here enter it.)

Munday to be attached, for Words against the E. of Essex.

One Monday was brought to the Bar, who was charged for speaking Words against the Earl of Essex; which he denied, but said, "That if he did say any Thing against him, he was sorry; and that it was spoken in his Cups."

The Affidavit of Thomas Wood was read.

(Here enter it.)

Captain Cannon was called in, who, at the Bar, said, That Monday did confess the Words before Mr. Justice Hooker."

Ordered, That the Gentleman Usher attending this House, or his Deputy, shall take into their Custody the Body of Thomas Monday, and bring him before their Lordships To-morrow: And this to be a sufficient Warrant in that Behalf.

Chamberlain and Nicholls.

The Order between Chamberlaine and Nicholes was read.

And an Affidavit of the said Nicholes was also read, requiring the said Chamberlaine to shew Cause, why the Cause between the Parties should not be dismissed according to a Certificate of the Judges.

(Here enter the Affidavit.)

Ordered, That a Week's Time is farther given to the said Nicholes, who is within that Time to serve the said Chamberlin with the said Order, who is to return his Answer, according to the said former Order.

Nightingale to produce his Commission for going to Russia.

Upon reading of the Petition of the Muscovia Merchants this Day in the House: It is Ordered, &c. That Luke Nitingale shall appear before their Lordships by Ten of the Clock in the Morning, or as soon after as he shall be served herewith, who is to produce then such Commissions as he hath touching his going over, or acting abroad; and that neither he, nor any from him, shall go over to Russia, until the Pleasure of this House be farther signified.

Treasurers at Goldsmiths Hall, allowed more Time to bring in their Accompts.

Michaell Herring, at the Bar, desired "that he and the other Treasurer might have longer Time to bring in an Accompt of the Receipts and Disbursements of that Committee; and that they may have Ten Weeks Time allowed them."

Ordered, That the Treasurers at Gouldsmiths Hall have hereby Liberty given them, for the Space of Ten Weeks next after the Date hereof, for the bringing into this House their Accompts of all the Monies that they have received and paid as Treasurers since their First Employment by that Committee; yet nevertheless, if they can with Conveniency make ready the said Accompts sooner, this House will receive them.

Order for 300 l. to Lady Grey.

Ordered, That the Treasurers at Gouldsmiths Hall, London, shall forthwith pay unto the Lady Elizabeth Grey, or her Assigns, the full Sum of Three Hundred Pounds, according to an Order of the House of Commons of the 20th of August last; any Order of this House notwithstanding.

E. of Midd. to be L. Lt. of Stafford.

Resolved, &c. That the Earl of Midd. shall be Lord Lieutenant of the County of Stafford, and of the County and City of Litchfeild.

Concurrence H. C. to be desired.

Ordinance to continue the Treasurers at War, &c.

The Ordinance for continuing of Lords and Commons and Treasurers at Wars for Six Months longer, was brought into the House, with these Amendments; (videlicet,) In Line 14°, leave out these Words, ["for and during Six Months longer"]; and, instead thereof, add these Words ["until the First Day of October next"]; and, being read, was passed with the said Amendments, and Ordered to be sent to the House of Commons, for their Concurrence.

Words spoke by Munday against the E. of Essex.

"16 Septembris, 1646.

"It was testified this Day, by Thomas Wood Gentleman, Ambrose Hidutch Clothworker, Margery his Wife, and Mary Simpson, That Thomas Monday, of Gyles in the Feilds, Taylor, (at a Meeting in the said Hyduch's House, where they drank their Morning Draught) uttered these Words, "That the Earl of Essex had been a Traytor to the Kingdom and Ireland;" which Words were occasioned by reason of a Message sent to the said Hiduch from some of the said Earl's Servants, requesting him to come to the House about some Business there to be done. And the said Monday being reproved for the said Words by Ambrose Hiduch, further said, "He would maintain what he had spoken to be true."

"And the said Monday, being examined whether it were true that was so testified against him, and whether he spoke the said Words, confessed that it was true; and that he did utter the Words before mentioned; and said, "He was sorry he had harboured such Thoughts in his Heart touching the said Earl."

"Jo. Hooker."

Chamberlain and Nicholls.

"Inter Radiu. Nicholes & Uxorcm ejus Zuer.

"Et Abraham. Chamberlaine Defend.

"The Plaintiff Ralph Nicholes maketh Oath, That, upon the 31th Day of August last past, he did repair to the Dwelling-house of the said Defendant Abraham Chamberlaine, situate in St. Mary Axe, London; and then and there did deliver unto Elinor Norton, Maid Servant to the said Defendant Abraham Chamberlaine, a true Copy of a Certificate made by the Judges in this Cause, together, with a true Copy of an Order, bearing Date the 19th of August, 1646, made by the Lords in Parliament; and then wished her to acquaint her Master therewithall, which the promised to do; and further said, that he should have it that Night: By which Order, it was Ordered, That the said Mr. Chamberlaine should have a Copy of the said Certificate, and shew Cause that Day Month, why the said Cause should not be dismissed out of the House of Lords in Parliament aforesaid.

"Jur. 15 Septembris, 1646.

"Rob't Aylett."

Lilburn's Judgement.

"It is to be remembered, that, the Tenth Day of July, in the Two and Twentieth Year of the Reign of our Sovereign Lord King Charles, Sir Nathaniell Finch Knight, His Majesty's Serjeant at Law, did deliver in, before the Lords assembled in Parliament at Westm'r, certain Articles against Lieutenant Colonel John Lilburne, for High Crimes and Misdemeanors done and committed by him, together with certain Books and Papers thereunto annexed; which Articles, and the said Books and Papers thereunto annexed, are filed among the Records of Parliament; the Tenor of which Articles followeth, in these Words:

"Articles, &c. (Entered 10th July, 1646.)

"Which Articles being, by the Command of the Lords then and there assembled in Parliament, read;

"It was then and there, (that is to say,) the said Tenth Day of July, by their Lordships Ordered, That the said John Lilbourne be brought to the Bar of this House the 11th Day of the said July, to answer the said Articles, that thereupon their Lordships might proceed therein according as to Justice should appertain; at which Day, scilicet, the 11th Day of July, Anno Domini 1646, the said John Lilburne, according to the said Order, was brought before the Peers then assembled and sitting in Parliament, to answer the said Articles; and the said John Lilburne being thereupon required, by the said Peers in Parliament, to kneel at the Bar of the said House, as is used in such Cases, and to hear his said Charge read, to the End that he might be enabled to make Defence thereunto, the said John Lilburne, in Contempt and Scorn of the said High Court, did not only refuse to kneel at the said Bar, but did also, in a contemptuous Manner, then and there, at the open Bar of the said House, openly and contemptuously refuse to hear the said Articles read, and used divers contemptuous Words, in high Derogation of the Justice, Dignity, and Power of the said Court; and the said Charge being nevertheless then and there read, the said John Lilburne was then and there, by the said Lords assembled in Parliament, demanded what Answer or Defence he would make thereunto; the said John Lilburne, persisting in his obstinate and contemptuous Behaviour, did peremptorily and absolutely refuse to make any Defence or Answer to the said Articles; and did then and there, in high Contempt of the said Court, and of the Peers there assembled, at the open Bar of the said House of Peers, affirm, "That they were Usurpers and unrighteous Judges, and that he would not answer the said Articles;" and used divers other insolent and contemptuous Speeches against their Lordships and that High Court: Whereupon the Lords assembled in Parliament, taking into their serious Consideration the said contemptuous Carriage and Words of the said John Lilburne, to the great Affront and Contempt of this High and Honourable Court, and the Justice, Authority, and Dignity thereof; it is therefore, this present 11th Day of July, Ordered and Adjudged, by the Lords assembled in Parliament, That the said John Lilburne be fined, and the said John Lilburne by the Lords assembled in Parliament, for his said Contempt, is fined, to the King's Majesty, in the Sum of Two Thousand Pounds: And it is further Ordered and Adjudged, by the said Lords assembled in Parliament, That the said John Lilburne, for his said Contempts, be and stand committed to The Tower of London, during the Pleasure of this House: And further the said Lords assembled in Parliament, taking into Consideration the said contemptuous Refusal of the said John Lilburne to make any Defence or Answer to the said Articles, did Declare, That the said John Lilburne ought not thereby to escape the Justice of this House; but the said Articles, and the Offences thereby charged to have been committed by the said John Lilburne, ought thereupon to be taken as confessed: Therefore the Lords assembled in Parliament, taking the Premises into Consideration, and for that it appears by the said Articles that the said John Lilburne hath not only maliciously published several scandalous and libelous Passages of a very high Nature against the Peers of this Parliament therein particularly named, and against the Peerage of this Realm in general, but contrived, and contemptuously published, and openly at the Bar of the House delivered, certain scandalous Papers, to the high Contempt and Scandal of the Dignity, Power, and Authority of this House: All which Offences, by the peremptory Refusal of the said John Lilburne to answer or make any Defence to the said Articles, stand confessed by the said Lilburne as they are in the said Articles charged:

"It is, therefore, the said Day and Year last abovementioned, further Ordered and Adjudged, by the Lords assembled in Parliament, upon the whole Matter in the said Articles contained,

"1. That the said John Lilburne be sined to the King's Majesty in the Sum of Two Thousand Pounds.

"2. And, That he stand and be imprisoned in The Tower of London, by the Space of Seven Years next ensuing.

"3. And further, That he, the said John Lilburne, from henceforth stand and be uncapable to bear any Office or Place, in Military or in Civil Government, in Church or Commonwealth, during his Life."

Adjourn.

Adjourn, 10 To-morrow.