DIE Jovis, 17 Septembris.
Earl of Manchester, Speaker.
Viscount Say & Seale.
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
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.
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."
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.
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
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
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
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.
"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
"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, 10 To-morrow.