House of Commons Journal Volume 5: 21 February 1648

Die Lunæ, 21 Februarii, 1647.

Prayers.

Payment to Fleetwood, &c.

ORDERED, That the Committee of Irish Affairs, in the Star Chamber, forthwith give Order for Allowance and Payment to be made unto Richard Fleetwood and John Bamber, the Sum of Four hundred Pounds, out of the old Arrears; in Consideration of their Corn, Meal, and Barque, which was shipped and transported by them, for the Service of the Commissioners in Ulster, to relieve the Forces there; the said Barque and Corn having been taken by the Rebels of Wexford, in her Passage to the North in Ireland, and taken again by the Parliament Forces, and by them brought to Cork.

Franklyn's Fellowship.

Upon the humble Petition of Wm. Franklyn, late one of the Fellows of King's College in Cambridge, this Day read; and it appearing, That the said William Francklyn was ejected out of his Fellowship, for expressing his Disaffection in not taking the Solemn League and Covenant; and that no other Crime was objected against him; and that he is willing to take it.

It is Ordered, That the said Wm. Francklyn be restored to his said Fellowship, if it be still void: And that he be likewise restored to the Profits of the said Fellowship, grown due since his Ejectment, that are not yet disposed of.

Culpeper's Estate.

The humble Petition of Sir Cheyney Culpeper Knight, on the Behalf of Dame Judith Culpeper his Sister, and her Children, was this Day read: And

It is Ordered, That it be referred to the Committee at Goldsmiths Hall, either to lett, or make Sale of the Parliament's Interest in the Manor or Farm of Morghu in the County of Kent, settled upon the Petitioner's Sister, and her Children, by Law, in consequence of Marriage, and a Portion, several Years before this Parliament.

Ashley's Claims.

The humble Petition of Captain Thomas Ashley, Commander of the Ship Employment, a Person that hath done very many good Services to the Parliament, was this Day read; desiring Satisfaction for the Sum of One hundred Fifty-one Pounds Six Shillings and Five-pence, for Guns and Ammunition, which he left at Hull, for the Defence and Safety of that Place; for the Payment of which Sum of One hundred Fifty-one Pounds Six Shillings and Fivepence, he received an Order from the Committee of Lords and Commons for the Safety of the Kingdom, directed to Sir Gilbert Gerrard, Treasurer at Wars, dated 19 Decembris 1643.

It is Ordered, That this Petition be recommended to the Committee at Goldsmiths Hall, and referred unto them, to make present Payment of the said Sum of One hundred Fifty-one Pounds Six Shillings and Five-pence to the Petitioner, he having deserved much, and long patiently expected the Payment of the said Monies.

The Lords Concurrence to be desired herein.

Wildman's Petition.

The humble Petition of John Wildman was read.

The Question, was propounded, That the said John Wildman be bailed:

And the Question being put, Whether this Question shall be now put;

It passed with the Negative.

Proceedings against Jenkins.

According to former Order made on Saturday last, Mr. David Jenkins was brought to the Bar by the Serjeant at Arms; and, being required to kneel, did absolutely refuse; . . . was thereupon commanded to withdraw.

He was then again called in: And Mr. Speaker, by the Command of the House, acquainted him, That there was depending, in this House, an Ordinance for attainting him for his Life; That if he will perform that Reverence to this House, which is due, and required, from all that are brought in like manner to this Bar, he may be heard what he has to Answer to his Charge.

He replied, That as to the Point of Kneeling, he hath given his Answer; and said, That he will not kneel, unless he were forced.

Resolved, &c. That this Refusal of Mr. David Jenkins to kneel at this Bar, being brought hither as a Delinquent, to answer a Charge depending here against him, is a Contempt of a high Nature.

Resolved, &c. That the Fine of One thousand Pounds be set upon Mr. David Jenkins, for this his high Contempt of this House: And that the said Fine of One thousand Pounds be levied upon the Lands and Goods of the said David Jenkins.

The said David Jenkins was again called in; and an Ordinance for attainting him of High Treason was read unto him; and, being asked, What Answer he would give, said, That he did appeal from this Charge; That this House had no Power to charge him; and then ran into a Discourse of many Particulars touching the Laws of the Land: Among other things did confess, That he had adhered to the King against the Parliament in this Cause.

Being again demanded, What answer he would give to this Charge; he again said, That this House has no Power to charge him: And that this is his Answer.

The Question was propounded, Whereas this House is informed, That David Jenkins hath levied War against the Parliament and Kingdom, and hath written many treasonable and seditious Books and Pamphlets, and is guilty of other seditious Practices; to desire, That such Witnesses as shall be offered by this House unto your Lordships, may be examined upon Oath, in the Presence of such as this House shall appoint:

And the Question being put, Whether this Question shall be now put;

It passed with the Negative.

Resolved, &c. That the Witnesses to be examined, to prove the Charges in the Bill of Attainder of David Jenkins shall be brought to the Bar, and examined here.

The Witnesses that were produced to prove the Matter of Charge laid down in the Ordinance of Attainder of David Jenkins Esquire, were called in to the Bar: And Mr. Speaker, by the Command of the House, gave them very severe Admonitions and Cautions, That they should be very careful to deliver in their Testimonies nothing but the Truth; and what Danger they were in, if, by delivering any Falsity, they should misguide the Judgment of the House, and bring the Blood of the Prisoner upon their own Heads.

Mr. Maidwell and Mr. Pindar did openly at the Bar witness to the Truth of the Matter of Fact laid down in the Ordinance of Attainder touching the Paper thrown into the Court of Chancery (the Court fitting) on the Fourteenth of this instant February, by David Jenkins; and his Carriage to the said Court: The Register, and others, were at the Door ready to witness the same: And divers Members of the House, then present in Court, did likewise attest the same.

Mr. John Elliott, Captain Ralph Grundy, Mr. John Gibbes, Barrister at Law, Mr. Nicholas Gibbon, Walter Yates, and one Captain Wyatt, were called in; and did openly at the Bar witness to the Truth of the Matter of Fact laid down in the Ordinance of Attainder, touching David Jenkins his levying actual War against the Parliament; and touching his giving Judgment of Death against divers Persons (some whereof were named in the Ordinance) for adhering to the Parliament in this late War.

Attainting Jenkins.

An Ordinance for attainting David Jenkins, late of Greye's Inn in the County of Middlesex, Esquire, of High Treason, was this Day read the Third time; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Mr. Serjeant Wilde is appointed to carry it to the the Lords To-morrow Morning.

Transactions with Scotland

A Letter from Mr. Ashhurst and Colonel John Birch, Commissioners employed from both Houses into the Kingdom of Scotland from Edenburgh, of 15 Februarii One thausand Six hundred Forty-seven, was this Day read; and, in it inclosed, a Copy of the First Letter from the Commissioners to the Lord Chancellor: The Answer of the Lord Chancellor to the said Letter: A Copy of the Second Letter from the Commissioners to the Lord Chancellor: A Copy of the First Paper sent by the Commissioners to the Committee of Estates: The which were all read.

Sir Wm. Allenson, Mr. Gourdon, and Mr. Samuell Browne, or any Two of them are appointed to prepare a Letter, to be returned in Answer to the Commissioners; taking Notice of their Diligence and Affection to the Service they are employed in; and to return the Thanks of this House.