Die Veneris, videlicet, 29 die Julii.
The Lord Kymbolton was appointed Speaker this
Chapman and Monday in Error.
The Lord Chief Justice brought in (fn. *) a Transcript of a
Record, for reversing of a Judgement in the King's
Bench, inter Chapman contra Monday and his Wife.
Message to the H. C. that the Lords are ready to proceed against the Lord Mayor.
A Message was sent to the House of Commons, by
Sir Robt. Rich and Mr. Page:
To let the House of Commons know, that their Lordships are ready to proceed in the Business against the
Eales and Covell in Error.
Ordered, That Nic. Eales shall assign Errors against
Covell within Seven Days peremptorily, or else the
Transcript to be transmitted into the King's Bench.
A Message was brought from the House of Commons, by Mr. Strode:
Message from the H. C. with an Order to preserve the Peace in Dorsetshire.
That the House of Commons (fn. *) have conceived a
Draught of an Order for preserving the Peace of Dorsettshire, wherein they desire their Lordships Concurrence; which was read, as followeth: (Here enter it.)
Ordered, That this House agrees with the House of
Commons in this Order.
The Messengers return with this Answer:
Answer from the H. C.
That the House of Commons will send up some Members of theirs, to manage the Evidence against the Lord
Lord Mayor at the Bar.
The Committee of the House of Commons being
come, the Lord Mayor was called to the Bar, as a Delinquent; and the Speaker asked Mr. Serjeant Wylde,
"Whether he had any further Evidence to give against
the Lord Mayor, before his Counsel begins." And
he desired, "That Mr. Wiseman, viva voce, might give
his Testimony, and some more Witnesses since discovered."
Evidence against him.
Tho. Wiseman, upon Oath, said, "He doth know
of Three Petitions, but all to One in Effect, to the
King and both Houses of Parliament.
He had Order from the Court of Aldermen for
framing it, and the Words were put into his Mouth,
and he shewed it to the City Counsel; and the Substance thereof was agreed on in the Court of Aldermen by the major Part, to his best Remembrance
Fifteen or Sixteen Aldermen (and Thirteen makes a
Court), and subscribed by Fourteen Aldermen.
That no Draught of a Petition was brought into
the Court of Aldermen.
He got the Hands of Fourteen Aldermen, without
the Order of the Court.
"He doth not know whether any Aldermen did protest against the Petition, but doth know that some did
not agree to it; but the major Part of the Court did
allow of it."
Mr. Wiseman desired, "That his former Examination might be read, for his better Help of his Memory, being Six Months since it was taken;" which
this House gave Way to it.
Wherein he says, "That the Two First Petitions, there
was Order given in the Court for the making of it;
but cannot remember the Third Petition to the King
was Ordered in the Court, for he heard it not;
that he had Directions from the Lord Mayor and
Mr. Recorder, and, as he conceives, from the Court
of Aldermen, to send the Petition to the King; and
he did send it to the King, inclosed to the Earl of
Dorsett; but his Lordship did not deliver it, because
his Lordship thought it not fit."
Alderman John Warner, upon Oath, said, " He doth
not remember any Motion was made for a Petition to
be sent to the King, but that a Petition against the
Militia might be delivered to the Parliament; and the
Question being put, "Whether a Petition or no Petition," the major Part did carry it, and some did protest
against (fn. †) the preferring of that Petition. He offered
to protest, and to go away, and the Lord Mayor commanded him to stay; and that the Lord Mayor did
press and urge for this Petition, to the best of his
Some Speech in Court for a Petition to the Parliament against the Militia, and some did dissent to it;
but he doth not remember any Petition moved there,
for to be sent to the King.
Next, Mr. Serjeant Wylde desired, "That Two Orders might be read:
1. A General Order, made in January 13, for the
calling of a Common Council as often as he should be
required by the Committee.
2. The Order of the 1st of July.
"Both which Orders the Lord Mayor hath disobeyed, and neglected to call a Common Council accordingly."
The Lord Mayor confessed he had Notice of these
Mr. John Russell said, "That the Lord Mayor had
Notice of the First Order, and the Lord Mayor was
desired by him and others to call a Common Council
about the Arms that came from Hull; and the Lord
Mayor answered, That he would acquaint the Court
of Aldermen with it."
Jo. Ven deposed, "That he did deliver to the Lord
Mayor the Order of the First July, to call a Common
Council, and for the placing of the Magazine. The
Lord Mayor told him, he would do it, but he thought
there was no urgent Occasions to use them. He
told him, There was great Occasion to use the Arms,
for the King's Service and the Kingdom. The Lord
Mayor told him, The Sessions was to be kept, and
he could not call a Common Council. But, when
a Common Council was called, he refused to put the
Question for disposing of the Arms and Magazine
that came from Hull, which was a Neglect of the
Command of both Houses."
Steven Estwicke deposed, "That, it being long debated at the Common Council, concerning the laying
the Magazine, it was desired it might be put to the
Question, and certain Places appointed. The Lord
Mayor said, He would not put it to the Question;
but took the Sword up, and went away."
Randall Manwaring deposed, "That every Man at
Common Council desired the Question might be
put; and the Lord Mayor refused it."
Next a Supplement of the Proof of the Charge concerning the Riot:
And Owen Row deposed, "That he was at the Lord
Mayor's when the Cooper was brought in; and the
Constable told the Lord Mayor, with a great Deal
of (fn. *) Cross, that he had brought a Man that would have
pulled down the Cross; and the Lady said, That the
Parties that brought him should be carried into the
Buttery, and made much of."
Tymothy Felton deposed, "That the Parties that
brought the Cooper to the Lord Mayor, drinking a
Health in the Buttery to the Lord Mayor, said, That
there were a Thousand that would stand for the Lord
Mayor and the Cross."
Then Mr. Serjeant Wyld desired, "That they might
have Liberty to peruse the Examinations taken by
the Lord Mayor concerning the Riot."
Ordered, That the Lord Mayor and his Counsel
shall attend at Three a Clock this Afternoon.
Order for preserving the Peace in Dorsetshire.
"The Lords and Commons in Parliament now assembled, being informed of divers Warlike Preparations lately made, and many threatening Speeches
given out, in the County of Dorsett, and the Parts
adjoining, intimating an Intention of raising War, to
the Disturbance of the Peace of that County; and also
taking into their Consideration the present Trouble
and Distractions of the whole Kingdom; do Ordain,
That Denzell Holles, Esquire, Sir Tho. Trenchard,
and Sir Walter Earle, Knights, and John Browne,
Esquire, or any Two of them, shall have Power and
Authority to arm, train, and put in Readiness, all
and every the Inhabitants of that County fit for the
Wars, as well of the Trained as other Voluntiers,
both Horse and Foot, and them (under the Command of such Captains and other Officers as they,
the said Denzell Holles, Sir Tho. Trenchard, Sir Walter
Earle, and John Browne, or any Two of them, shall
nominate and appoint) to lead and conduct, as well
against all Foreign Forces that shall in hostile Manner invade the said County, as for the resisting and
opposing all such other Forces as shall be there raised
to the Disturbance of the Peace of that County;
and herein the Sheriff and all other His Majesty's
Officers are required to be aiding and assisting unto
them, with their best Endeavours."
Tertia post meridiem.
Lord Kymbolton was appointed to be Speaker this
Lord Mayor at the Bar.
The Committee of the House of Commons being
come, the Lord Mayor was brought to the Bar, as a Delinquent; and then his Counsel made his Defence to the
Charge of the House of Commons:
"1. Concerning the proclaiming of the Proclamation for putting into Execution the Commission of
"1. That the Fact was not proved to be done maliciously; if proved, yet no Crime.
"2. No Proclamation annexed to the Impeachment.
"3. No Proof that the Proclamation was to put in
Execution the Commission of Array.
"For these Reasons," Mr. Chute said, "the Charge was
And alledged, "That the Lord Mayor was bound to
do it by the Writ, and by his Oath."
The Writ was read.
Witnesses produced, to prove that it hath been the Duty
and Custom of the Mayor of London to publish all Proclamations that came from the King:
Sir H. Garraway, idem.
Sir Edm. Wright, idem.
|Sir Nic. Raynton, "That the Lord Mayor doth give
"Order to proclaim Proclamations directed to him and
the Sheriffs, and never made the Sheriffs acquainted
Jo. Latham witnessed the same.
"Proclamari fecit Proclamationes annexas.
"3. Jac. A Capias, to take the Countess of Rutland;
it was adjudged, That the Sheriff was not to question
the Illegality of the Writ.
36 H. VIII. 22. No Vote that the Lord Mayor
should not proclaim the Proclamation.
"That the Declaration against the Illegality of the
Commission of Array was not published until after the
Proclamation was proclaimed.
"Nothing said, what he should have pleaded, if, out
of Parliament, he should have been questioned by the
"The Proclamation was made the First of July, and
the Declaration was put out the 6th of July."
Mr. Chute alledged, "That it is not charged that the
Lord Mayor did proclaim the Proclamation contrary
to their Lordships Votes."
Next, the Counsel proceeded to the Second Impeachment, "concerning the contriving and framing and publishing the Petitions, which were false, scandalous, and
"The Adverbs make it not a Crime, if it be not so
"1. That the original Petition is not annexed, but a
"Intentions may not be punished, unless it be in
Alledged, "That there is no Proof that the Lord
Mayor ever published or procured any Hands to that
Petition which is annexed to the Impeachment."
Fetherby deposed, "That the Lord Mayor was not
present when Mr. Nevill gave him the Names of those
as he was to summons."
Mr. Chute alledged, "That the Lord Mayor never
knew of the presenting of the original Petition to both
"That it is said, in the Sentence of the Lords, that
the Petition was framed, and contrived the Petition (fn. *)
No Proof that the Lord Mayor had any Privity to the
Petition charged; neither did he see the Paper after that Davison had shewed it the Recorder; only
One Witness swears, he believes it was to the same
Mr. Michell, Town Clerk, deposed, "That an Order
was made by the Common Council, That a Petition
should be drawn, to be presented to the House of
Commons, concerning the Militia.
"That this Petition was made before the Ordinance
for the Militia was passed."
Davison said, "He doth not know that the Lord
Mayor did ever read the Paper carried to Mr. Recorder."
Mr. Drake said, "That he knows, by Relation from
Mr. Benyon, that Mr. Benyon and Mr. Gardner drew
the Petition, and sent it to the Recorder."
Sir Jo. Pettis said, "He heard Mr. Benyon desire the
Lord Mayor, that his Man might carry the Petition
to the Recorder, that it might receive the better Credit." And saith, "The said Petition was shewed
to the Lord Mayor; and after, it was brought to the
Lord Mayor; and he said, he would not meddle with
Alderman Garraway said, "That the Court of Aldermen disavowed this Petition, and would not own
it, and this was with an unanimous Consent; neither
did any Alderman sign it."
Concerning the imprisoning of certain Prentices, and
taking away their Petition:
Wm. Goffe said, "That he knows not who took away
the Petition, but hath heard that Alderman Atkins
took (fn. †) it."
The Petition being shewed him, he confessed he subscribed to a Petition to the same Effect.
Alderman Atkins said, "He took this Petition out
of their Hands on a Sunday Morning, at St. Michaell's Church, in Cornehill, because it was an unfitting Place to sign Petitions."
The Petition of the Apprentices was read.
Alderman Atkins brought this Petition to the Lord
Mayor; and the Prentices came to him, to demand their
"That the Prentices were not imprisoned, but sat by
a Fire, and the Door was open."
Sir Tho. Cheeke said, "That Six or Eight Prentices
were brought in to the Lord Mayor, to demand their
Petition. The Lord Mayor went to Church; he did
not hear any Menace from the Lord Mayor, nor any
Word of Commitment.
Sir Jo. Pettis said, "The Prentices came, about
Twelve, into the Parlour."
Jo. Birch said, "That he let in about Twelve or
Fourteen Prentices, and they went into the Parlour;
the Lord Mayor went to the Church, and many People came to the Gate, and pressed upon the Gate;
and the Prentices sat by a Fire, and the Doors were
opened; they might have gone out, if they would."
Jo. Holland said, "That the Prentices were willing
to stay while the Lord Mayor was at Church. About
Two Hundred were at the Gate. The Bar of the
Gate was broken."
Symond Hyde said to the same Effect.
To attend again Tomorrow.
Ordered, That the Lord Mayor, with his Counsel
and his Wintesses, do attend again To-morrow Morning,
at Nine a Clock, and all the Witnesses are then also
to attend; and then this House will proceed further
Adjourn, nona cras.