House of Lords Journal Volume 8
31 December 1646

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1767-1830

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'House of Lords Journal Volume 8: 31 December 1646', Journal of the House of Lords: volume 8: 1645-1647 (1767-1830), pp. 636-639. URL: http://british-history.ac.uk/report.aspx?compid=34177 Date accessed: 22 October 2014.


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DIE Jovis, 31 die Decembris.

PRAYERS, by Mr. Dury.

Comes Manchester, Speaker.

Comes Northumb.
Comes Kent.
Comes Pembrooke.
Comes Mulgrave.
Comes Warwicke.
Comes Sarum.
L. Viscount Hereford.
Comes Suffolke.
Comes Rutland.
Comes Lyncolne.
Comes Stamford.
L. Viscount Say & Seale.
Ds. Mountagu.
Ds. Hunsdon.
Ds. Bruce.
Ds. Wharton.
Ds. Maynard.
Ds. Willoughby.
Ds. North.
Ds. Howard.
Ds. Dacres.
Ds. Berkeley.

L. Rich's Petitions.

The Petitions of the Lord Rich were read.

(Here enter them.)

Reading sent for, for refusing to release him.

Then Michaell Baker, the Gentleman Usher's Deputy, was called in, and demanded to give an Account of the Delivery of the Order of this House, for releasing the Lord Rich, a Peer of this Realm.

And he said, "He delivered the Order to the Sheriffs; who said, They could not release him, for they should pay the Debt if they should; and that Mr. Reading the Secondary of The Compter said, "The Lords Order was illegal"."

This being deposed upon Oath;

It is Ordered, That the Gentleman Usher attending this House shall take Mr. Reading into Custody, and bring him to this House To-morrow Morning.

Blzek Rod to demand him of the Sheriffs.

The House resenting this, as a Violation of the Privileges of Peers, in the arresting the Person of the Lord Rich;

Ordered, That the Gentleman Usher attending this House shall go to the Sheriffs, and demand the Person of the Lord Rich, and bring him to this House, according (fn. *) to the Order of this House of the 29th Instant.

Serjeants & al. who arrested him to attend.

Ordered, That Mr. Reading, the Secondary of The Counter, shall bring into this House the Writ in the Action, and the Proceedings against the Lord Rich.

Ordered, That Samuell Gosse, and the Serjeants and Yeomen that arrested the Lord Rich, shall appear before this House To-morrow Morning, that so this House may be certainly informed at whose Suit the Lord Rich was arrested.

Message from the H. C for a Conference about disposing of the King's Person; and with Orders.

A Message was brought from the House of Commons, by Sir Rob't Harley Knight:

To desire a Conference, so soon as it may stand with their Lordships Conveniency, concerning the Matter of a late (fn. †) Conference concerning the King's Person.

2. An Order concerning Exchange of some Persons taken by the Irish. (Here enter it.)

Agreed to.

3. An Order concerning the Continuance of the Garrison of Hull.

The Answer returned was:

Answer.

That this House appoints a present Conference, in the Painted Chamber, as is desired: Their Lordships agree to the Order for Exchange of Prisoners taken by the Irish: As to the Order concerning Hull, they will send an Answer by Messengers of their own.

Preachers at the Fast thanked.

Ordered, That Mr. Good and Mr. Horton shall have Thanks given them, for their Sermons Yesterday at the Fast; and are to print and publish their Sermons.

Preachers at the next.

Ordered, That Mr. Jenkins and Mr. Seaman are appointed to preach before the Lords in Parliament, on the next Fast-day, in the Abbey Church.

Finch to export Horses.

Ordered, That a Pass shall be granted, for the Transportation of Three Nags into France, for the Use of Mr. John Fynch; notwithstanding any Order to the contrary.

Col. Villiers and Hill to be released.

The Earl of Manchester reported the Examinations which the Committee have taken of Colonel Vylliers and Lewis Hill, concerning the Design of carrying away the Duke of Yorke; which were read.

(Here enter them.)

Hereupon it is Ordered, That the said Colonel Edward Villiers and Lewis Hill shall be released from their present Restraint.

Sheriffs indemnified for releasing L. Rich.

The Gentleman Usher acquainted this House, "That the Sheriffs of London do obey the Order of this House, for releasing the Person of the Lord Rich."

And thereupon a Petition from them was presented to this House, and read. (Here enter it.)

Hereupon the Sheriffs were called in; and the Speaker was commanded to let them know, "That whereas they have obeyed the Order of this House, for releasing the Lord Rich, a Peer of this Realm, who is arrested, by an illegal Warrant, at the Suit of Samuell Gosse, contrary to the Privilege of the Peers of this Kingdom, and the fundamental Laws of this Kingdom; this House will take Care they shall run into no Hazard or Prejudice by giving Obedience to the said Order of this House, but shall be hereby indemnified."

Ordinance to press Mariners.

An Ordinance was presented to this House, from the Committee for the Admiralty and Cinque Ports, for pressing of Mariners for the Summer's Fleet; which was read, and Agreed to, and Ordered to be sent to the House of Commons for their Concurrence.

Trenchard to be instituted to Exford.

(fn. *) Ordered, That Doctor Aylett shall give Institution and Induction to George Trenchard Clerk, to the Rectory of Exford, in the County of Som'sett, void by voluntary Cession of John Hunt late Incumbent there; the said George Trenchard producing his Presentation to the said Rectory under the Hands and Seals of John Trenchard Esquire and Henry Trenchard Gentleman, the lawful Patrons; and this with a salvo Jure cujuscunque; the said George Trenchard taking the Covenant.

L. Stanhope—and the E. of Warwick and Witherings, about the Post-office.

Upon reading the Petition of the Lord Stanhope; setting forth, "That he cannot make a Replication to the Answer of Witherings, concerning the Letteroffice, unless the Earl of Warwicke be made a Party to the Business: Therefore desires the Earl of Warwicke may be a Party to the Cause."

The Earl of Warwicke declared, "That, if the Lord Stanhope will question his Title, he will be ready to answer the Lord Stanhope at the ordinary Course of the Common Law, if his Lordship shall think fit to try the Right of Title there."

It is Ordered, That this Answer be returned to the Lord Stanhope, "That, if his Lordship conceives that the Earl of Warwicke holds any Title, by Patent or otherwise, concerning the Letter-office, whereby he conceives he is prejudiced; if his Lordship thinks it fit to try the Title at the Common Law, the Earl of Warwicke will be ready to answer his Suit; and so this House refers the said Business to a Trial at Law."

Report of the Conference about Sheriffs of Counties.

The Speaker reported the Effect of a late Conference with the House of Commons concerning the Sheriffs; videlicet,

"They concur with this House, that Sir Rob't Ioslaine, the present Sheriff of Hertfordshire, shall be continued for the next Year Sheriff.

"That Robert Coker be Sheriff of the County of Dorsett."

Agreed to.

"That Mr. Michaell Bourton Esquire be Sheriff of the County of Derby.

"That Thomas Berny shall be Sheriff of Norff. in the room of Michaell Berny."

Agreed to.

"That Wm. Bowyer Esquire be Sheriff of the County of Bucks."

Agreed to.

Ordinance to pardon Goodman and Hanson.

The Lord Wharton reported the Ordinance from the Committee, for the Pardon of Hanson, &c. which was read, and passed, and Ordered to be sent to the House of Commons.

Answer from the H. C.

Doctor Aylett and Doctor Heath return this Answer from the House of Commons:

That they will send an Answer by Messengers of their own.

Message to them, with Ordinances, &c.

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

1. To desire their Concurrence in the Pardon for Goodman and Hanson, with the Alterations.

2. To desire Concurrence in the Ordinance to give Power to the Committee at Haberdashers Hall to send for Delinquents, &c.

3. To desire Concurrence in the Ordinance for pressing of Mariners for the next Summer's Fleet.

4. To deliver to them the Petition of the Prisoners in The Tower, for some Maintenance, with Recommendations.

Steward and Hodges.

The Answer of Captain Walter Steward was read; and it is Ordered, To be referred to these Lords following, to hear both Parties, and to examine the Truth of the Petition and Answer, and report the same to the House:

Comes Kent.
Comes Rutland.
L. Wharton.
L. North.
L. Hunsdon.

Any Three, to meet To-morrow Morning, at Nine a Clock, and to adjourn from Time to Time afterwards.

Order about Hull.

The Order concerning the continuing the Pay of the Garrison of Hull, was read the Third Time, and Agreed to upon the Question. (Here enter it.)

The House of Commons being ready for the Conference, the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Commissioners of the Great Seal.

Ordered, That the Business concerning Commissioners of the Great Seal of England shall be taken into Consideration To-morrow Morning.

Report of the Conference about disposing of the King's Person.

The Earl of Manchester, the Speaker, reported the Effect of this Conference:

"That whereas their Lordships, at a late Conference, returned to them the Vote concerning the King's Person, with some Alterations, the House of Commons do agree to the Addition in the latter End of the Vote; but desire their Lordships Concurrence, that the whole Clause concerning the Court of Wards may be left out."

Ordered, That this House agrees with the House of Commons, in leaving out the whole Clause in this Vote concerning the Court of Wards.

(Here enter it.)

Ordered, That the House do take into Consideration To-morrow Morning, the First, how to dispose of the Vote concerning the King's Person.**

Order for the Exchange of some Irish Seamen for some English.

"Ordered, by the Lords and Commons assembled in Parliament, That it be referred to the Committee of the Admiralty and Cinque Ports, to exchange the Irish Rebels taken at Sea, and now Prisoners to the Parliament, for the redeeming of such Englishmen as have been taken at Sea, and made Prisoners by the Rebels, at Wexford, or elsewhere in the Kingdom of Ireland.

Order to continue the Pay of the Garrison of Hull for Three Months.

"Ordered, by the Lords and Commons assembled in Parliament, That the Ordinance for continuing the Establishment and Pay of the Garrison of Hull be continued for Three Months longer, to commence from the Date of the Expiration of the last Ordinance."

Vote for disposing of the King's Person.

"Resolved, by the Lords and Commons assembled in Parliament, That Holdenby House, in the County of Northampton, be the Place which the Houses thinketh fit for the King to come unto; there to remain with such Attendants about Him as both Houses of Parliament shall appoint, with Respect had to the Safety and Preservation of His Person, in the Preservation and Defence of the true Religion and Liberties of the Kingdoms according to the Covenant: And when the King shall be at Houldenby as aforesaid, and the Scotts Forces gone out of this Kingdom, the Two Houses of Parliament Declare, That then they will be ready, according to their former Declarations, for preserving the peculiar Rights of the Kingdom of England, to join with the Kingdom of Scotland, in employing their best Endeavours to procure His Majesty's Assent to the Propositions agreed on by both Kingdoms, and presented to His Majesty at Newcastle, and to the disposing of the Bishops Lands according to the Ordinances already past both Houses in that Behalf; and in case the King shall not give His Assent thereunto, the Two Houses are resolved still to maintain the happy Union already settled between the Kingdoms, according to the Treaties and Covenant."

Examination of Col. Villiers and Hill, about the Design of carrying away the Duke of York.

"The Examination of Colonel Edward Villiers, taken the 23th of December, 1646.

"He saith, That he met casually with Mr. Johnston' but not by Appointment, in the Evening the last Week, at the Back Side of Bedford Garden, in The Covent Garden, at one Kate's House. There was no Discourse of Consequence.

"That one Watson, a Harbinger, about the Time the Duke of Yorke came from Oxford, propounded unto him, That the Duke of Yorke might be conveyed away.

"E. Villiers."

"The Examination of Lewis Hill, taken the 23th of December, 1646.

"He saith, He was not appointed to meet with Colonel Villiers and Johnson; but did meet them, at one Kate's House, in The Covent Garden, near The Fleece Tavern.

"That Mr. Johnson desired him to go with him, that he might bring him acquainted with Colonel Villiers.

"That Mr. Johnson told Colonel Villiers, That he was a very honest Man, a faithful Servant to the King, and loved the Duke of Yorke.

"That he told the Duke of Yorke, That he was going to meet with Mr. Johnson and Colonel Villiers; and asked the Duke, whether he would give him Leave. And he gave him Leave.

"That Mr. Johnson and he had no other Discourse concerning the carrying away of the Duke of Yorke.

"That he was with Mr. Johnson about an Hour.

"That he did not know of the Duke's going away.

"Lewis Hill."

"The further Examination of Colonel Edward Villiers, taken the 29th of December, 1646.

"He saith, That Mr. Watson had a Letter from the King, about a Fortnight or Three Weeks after the Duke of Yorke came to St. James; and after this Letter, Mr. Watson uttered these Words to Mr. Villiers, (videlicet,) "Mr. Villiers, were it not better that the Duke of Yorke were with the King at Newcastle?" To which Mr. Villiers answered, "No; it is but a vain Thing." And Mr. Villiers had no further Discourse with him. And Mr. Villiers further saith, he refused to meddle at all with that Letter.

"He being asked "where Mr. Watson was?" he answered "He did not know where he was; he conceives him to be out of England."

"E. Villiers."

Petitions from L. Rich, to be freed from an Arrest at the Suit of Gosse.

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of Rober. Lord Rich;

"Sheweth,

"That the Petitioner, being a Peer of the Realm, on Thursday the 29th of this Instant December, was illegally arrested, upon a Capias ad satisfaciendum, which lieth not against a Peer: And your Lordships were pleased, in regard the said Arrest was contrary to the Privileges of Peerage, on the same Day to order, That the Sheriffs of London should forthwith deliver your Petitioner.

"That the Messenger of the House of Peers delivered the said Order unto them, and required them to deliver your Petitioner accordingly; which they refused, and detain your Petitioner contrary to the said Order.

"Forasmuch as this not only concerns the Petitioner, but the whole Peerage of this Kingdom, and is of very great Consequence;

"The Petitioner humbly prayeth your Lordships to take the Premises into Consideration, and to give such Direction therein, for the Preservation of your Petitioner's Right and Privilege, as to Wisdom shall seem meet.

"And the Petitioner shall pray.

"Riche."

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of Robert Lord Rich;

"Sheweth,

"That the Petitioner being a Peer of this Realm, one Samuell Gosse, well knowing the same, and that no Capias lieth against a Peer for Debt, procured a Capias ad satisfaciendum to be sued out against the Petitioner, which is contrary to the Law and the Privilege of his Peerage; upon which Capias, by Practice, he procured a Warrant from the Sheriffs of London, directed to Edward Ridley and Raphe Hayes Two Serjeants belonging to The Poultry Compter, and to Clement Cole and John Hoton Yeomen there attending; who thereupon, contrary to Law, arrested your Petitioner, and endeavoured to have imprisoned him in The Poultry Compter; and have imprisoned your Petitioner in the House of Alderman Collumb, One of the Sheriffs of London.

"The Petitioner humbly prayeth your Lordships, to take the Premises into Consideration, and to inflict condign Punishment upon the said Samuel Gosse, the said Serjeants and Yeomen, for their undue Practice therein, according to their Demerits.

"And your Petitioner shall pray, &c.

"Riche."

Sheriffs Petition, shewing they are liable to the Debt if they deliver him without a Writ.

"To the Right Honourable the Lords in Parliament assembled.

"The humble Petition of Thomas Cullum and Simon Edmonds, Sheriffs of London;

"Humbly sheweth,

"That, on Tuesday last, the Petitioners received an Order from your Lordships, for the delivering of the Body of the Right Honourable the Lord Rich out of their Custody. They did not then know that his Lordship was under Restraint; but, upon Examination, they find that he was that Day taken in Execution, by virtue of a Capias ad satisfaciendum out of the Common Pleas at Westm'r, at the Suit of Samuell Gosse, for One Thousand Pounds Debt, and Six Pounds Costs.

"They are informed, that, if they should deliver his Body without a Writ, it is an Escape in Law, the Judgement extinct, and the Petitioners liable to pay the Debt; whereof they humbly crave your Lordships Consideration, and such further Direction as in your great Wisdom shall be thought fit.

"And they shall daily pray, &c."

Adjourn.

House adjourned till 10a cras.

Footnotes

* Deest in Originali.
Origin. of Conference.
* A Duplicate of this Order occurs in the Original, after the Order where the Asterisks are in the next Column.