House of Commons Journal Volume 8: 1 July 1661

Lunæ, 1 Julii, 13° Car. Regis.

Prayers.

Committee of Privileges.

THAT the Committee for Privileges and Elections do sit on Friday next, to hear the Matter of the Election for the County of Nottingham.

Quarrel between Members.

This House being informed of a Quarrel, arisen between Mr. Edward Seymour and Mr. Jonathan Trelawney; Notice whereof, Mr. Speaker had sent to them to keep their Lodgings;

Ordered, That Mr. Speaker be desired to send for them, and to endeavour a Reconciliation between them.

Corporations.

Divers of the Members of this House this Day delivered in Lists of the Persons named, to be inserted, as Commissioners, in the Bill for well-governing of Corporations, within the several Counties and Places following; Chester, Essex, Hereford, Lancaster, Durham, Cambridge, Leicester, Nottingham, Cumberland, Berwick, Berks, Sommersett, Bedford, Warwick, Cornwall, Gloscester, Hertford, Devon, Middlesex, Munmouth, Worcester, Derby, Oxford City, Northumberland, Salop, Dorsett, Stafford: Which said Commissioners Names being severally twice read, this House agreed thereunto; and ordered the same should be inserted into the said Bill.

Ordered, That the Members serving for the several Counties of Somersett and Gloscester, and Mr. Knight, one of the Citizens serving for Bristoll, do confer and agree together upon Commissioners Names for the said City of Bristoll.

Pains and Penalties against Regicides.

And then this House proceeded to hear the Evidence against Peregrine Pelham, Sir William Constable, Humphry Edwards, Richard Dean, Sir John Danvers, John Aldred, alias Alured, John Moore, Anthony Stapeley, John Fry, Francis Aleyn, Sir Thomas Maleverer, Sir Gregory Norton, John Blackston, Sir John Bourcher, William Purefoye, Thomas Horton, Isaack Ewre, John Ven, Thomas Andrewes Alderman, Thomas Hamond, Twenty of the Persons who, in the Month of January 1648, acted and proceeded against the Life of our late Sovereign King Charles the First, of blessed Memory; and, being dead when the Act of Indemnity was made, being thereby reserved to such Pains, Penalties, and Forfeitures, as by another Act of Parliament, intended to be hereafter passed for that Purpose, should be expressed and declared: And also against James Challoner, since deceased, and William Lord Mounson, Sir Henry Mildmay, Sir James Harrington, John Phelps, and Robert Wallop, who did sit, and act in that traiterous Assembly, within the said Month of January 1648; acted and proceeded against the Life of our said late Sovereign Lord King Charles the First, of blessed Memory; and were therefore, by the said Act of Indemnity, reserved to such Pains, Penalties, and Forfeitures, not extending to Life, as by another Act, intended to be passed for that Purpose, should be imposed upon them.

And his Majesty's Council being called in;

Sir Jeffery Palmer Knight, his Majesty's Attorney General, Sir John Glin, and Sir William Wyld, Two of his Majesty's Serjeants at Law, were brought into this House, with the Mace before them; and took their Places on the Right Hand of the Side Bar: And produced several Witnesses, who, at the Bar of this House, gave Evidence, as well against the said Twenty-one Persons deceased, as also against the said Sir Henry Mildmay and Robert Wallop, who were now brought in Custody to the Bar of this House; as also against the said John Phelps, who is fled; and Sir James Harrington, who cannot be found: That they did sit and act, in that traiterous Assembly, against the Life of our said late Sovereign Lord King Charles the First, of blessed Memory: And offered to have produced the like Evidence against the said Lord Mounson; who, being at the Bar, confessed the Fact.

After which, his Majesty's Council, and the Witnesses, were caused to withdraw.

And, after full Debate of the said Evidence,

Resolved, upon the Question, Nemire contradicente, That a Bill be prepared and brought in, for the Confiscation of all the Estates, real and personal, of the said Twenty-one Persons deceased: With a like Proviso (nevertheless respect being had to the several Times from which the Estates, real and personal of the said several Persons, shall be confiscated) as was contained in the former Act of Attainder, in reference to such Persons as have Conveyances, or claim any Estate, as Purchasers, bona fide, for valuable Considerations, from the Persons before-named.

Resolved also, upon the Question, Nemine contradicente, That the Bill to be presented against the said Twenty-one Traitors that are dead, shall also be enlarged and extended to the said Lord Viscount Mounson, Sir Henry Mildmay, Sir James Harrington, Robert Wallop, and John Phelps, for a Confiscation of all their Estates, both real and personal, with the like Proviso (respect being had to the Times from which the real and personal Estates of the said Persons shall be confiscate) as was contained in the former Act of Attainder, in relation to such Persons as have Conveyances, or claim any Lands or Estates of the Persons before-named as Purchasers, bona fide, for valuable Considerations.

Resolved further, Nemine contradicente, That the Bill shall contain a further Pain against the said Persons that are in Custody; and against the said Sir James Harrington and John Phelps, when they can be apprehended; that they shall be kept and remain Prisoners during their Lives.

Resolved also, Nemine contradicente, That the said Lord Mounson, Sir Henry Mildmay, and Sir James Harrington, and every of them, shall be degraded from their several Honours and Titles; and that the Bill to be brought do make Provision for the same.

Resolved further, That the Bill shall provide this further Pain and Punishment; That the said Persons, so degraded, and the other Persons now alive, shall be drawn from the Tower of London, upon Sledges and Hurdles, through the Streets a Highway, to and under the Gallows at Tiborne, with Ropes about their Necks, and from thence to be conveyed back to the Tower, there to remain Prisoners during their Lives.

Resolved, That the said Bill shall, according to the former Vote, contain a Clause for the Execution of those Nineteen Traitors in the Tower, that are convicted and condemned: And Sir Heneage Finch, his Majesty's Solicitor General is desired to prepare and bring in the said Bill.

Resolved, also, That the Serjeant at Arms attending this House, or his Deputy, do forthwith apprehend, and take into Custody, the said Sir James Harrington and John Philps.

Ordered, That Sir Henry Vane and John Lambert, that are wholly excepted and foreprised out of the Act of Indemnity, be left to be proceeded against according to Law: And it is recommended to Mr. Attorney General, to take care of the Proceeding against them.

Ordered, That Mr. Attorney General do prepare and bring in the Evidence against Sir Arthur Haslerig, being another of the Persons excepted by the said Act, as to Pains, Penalties, and Forfeitures, not extending to Life, as soon as he can, that the Pains and Penalties against him may be made Part of the Bill directed to be brought in.

Confirming publick Acts.

Ordered, That Mr. Secretary Morice do carry up the Act for confirming of publick Acts, to the Lords, for their Concurrence.

Leave of Absence.

Ordered, That Mr. Edward Eliot, a Member of this House, have Leave to go into the Country.

Ordered, That Mr. Thomas Southcot, a Member of this House, have Leave to go into the Country.

Corporations.

Resolved, upon the Question, and Ordered, That his Majesty be humbly desired to nominate and appoint Commissioners for the City of London, to be inserted into the Bill for better governing Corporations: And such Members of this House as are of his Majesty's Privy Council, are desired to acquaint his Majesty herewith.

And then the House adjourned till Eight of the Clock, To-morrow Morning.