Journal of the House of Commons: Volume 7, 1651-1660. Originally published by His Majesty's Stationery Office, London, 1802.
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Wednesday, the 13th of May, 1657.
THE House being acquainted, that Robert Harvey was . . the Door, being brought as a Delinquent, for causing Major Waring, a Member of this House, to be arrested: And, being brought to the Bar, kneeling, and examined by Mr. Speaker, what Direction he gave for arresting Major Waring, on behalf of Mr. Audley; saith, Direction was given by his Uncle, for arresting one Sewell: Saith, he gave no Direction concerning Major Waring, to have him arrested; and the Direction given by his Uncle was, to file a Bill in the Exchequer, against Major Waring, as Sheriff.
The House being acquainted, that Mr. Hugh Audley, who hath been summoned touching this Business, to attend the House, was now at the Door; he was called in; and, standing at the Bar, Mr. Speaker acquainted him, that there was a Suit, in the Name of Mr. Harvey, against one Sewell: Answereth, Yes. Being demanded, whether he did not appoint him to pay Mr. Grigg Money for that Suit; he saith, one Rea did pay it by his Appointment: Saith, he spake but once with Grigg; which was, to have Instructions to prosecute the Suit; and, after he had taken notice of the Leases, which were Harvey's, and shewed him a Lease of his own: But he said, he could not declare against him; but told him, he would file a Bill against the High Sheriff: Mr. Audley did tell him, he did not know he might do so; and did not know the Name of the Sheriff, nor that he was arrested, till afterwards; and told Grigg, he was to blame to do it. Being demanded, whether he knew, in this Prosecution, that Major Waring was a Member of Parliament; saith, he did not know it till Thursday last, after he had been arrested: He saith, he did not give any Direction for Prosecution against Major Waring: And thereupon withdrew.
Ordered, That it be referred to a Committee, further to examine the Truth of the Business, touching the Breach of Privilege, in the arresting Major Waring, and to state the Matter of Fact, and report it to the House.
Major Aston, Colonel Shapcott, Major Audley, Mr. Bampfeild, Mr. Fowell, Lord Strickland, Mr. Bacon, Mr. Godfrey, Mr. Smyth, Sir Christofer Pack, Mr. Highland, Mr. Lloyd, Colonel Beaumont, Mr. Attorney General, Mr. Tigh, Sir Tho. Wroth, Sir Lislebone Long, MajorGeneral Whalley, Sir Wm. Strickland, Major Saunders, Mr. Pedley, Mr. Goodwin, Mr. Margetts, Mr. Butler, Colonel Cock, Colonel Chadwick, Alderman Foote, Major Mason, Mr. Brisco, Mr. Stewart, Captain Blackwell, Major-General Packer, Dr. Clarges, Mr. Westlake, Mr. Disbrow, Colonel Coker, Sir Edward Rhodes, Colonel Gorges, Mr. John Trenchard: To meet this Afternoon, at Two of the Clock, in the Speaker's Chamber: With Power to send for Persons, Papers, Witnesses, and Records.