Journal of the House of Lords: Volume 12, 1666-1675. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 9 die Martii.
Report concerning the Assault upon the L. Steward.
The Lord Chamberlain acquainted the House, "That the Lords Committees appointed to examine the Matter of Fact committed, in the late barbarous assaulting, wounding, and robbing, the Person of the Lord Steward of His Majesty's Household, have commanded him to report to their Lordships, That the said Committee have met several Times, and have examined several Persons, and perused several Examinations of Persons examined by the Lord Arlington One of His Majesty's Principal Secretaries of State, in relation to the Discovery of the Persons who made that barbarous Assault, on the Sixth Day of December last, on the Person of the Lord Steward of His Majesty's Household: That, by the Examinations and Proofs their Lordships have had before them, they are of Opinion, That one Thomas Hunt, one Richard Halliwell, and Thomas Allen (who goeth also under the Names of Allett, Aleck, and Aylosse), are Persons probably guilty of the said Assault and Robbery.
Proofs against Hunt, Halliwell, and Allen.
"1. Against Thomas Hunt, their Lordships find, that the Sword, Belt, and Pistol, taken at the Time of the Assault of the Lord Steward, were the same which were delivered to Thomas Hunt, on the 17th Day of October, 1670, by the Constable of Lambeth, after his Acquittal upon a former Trial of him at the last Summer Assizes in Surrey; as is made out by the Testimonies of Henry Patridge Servant to the Lord Archbishop of Canterbury, and Thomas Drayton the Constable of Lambeth, in whose respective Custodies the said Sword, Belt, and Pistol, were, from the Time that the said Thomas Hunt was apprehended at Lambeth for the Offence for which he was tried at the Assizes aforesaid.
"That the Mother of the said Thomas Hunt, who lived at Jonathan Davyes, a Schoolmaster's House in Moreclack, left her Lodging there, the next Morning after the said Assault made upon the Person of the Lord Steward, without taking her Leave, and left Goods behind her there, and hath not been heard of since.
"2dly, Against Richard Halliwell, their Lordships find, that, on the Ninth Day of December last, when the Lord Mayor of London (with others) came to search his House in Bishopsgate Streete, Margret Boulter, the said Richard Halliwell's Niece, confesseth, he lay at Home that Night, and at Two of the Clock in the Morning (the Time of the Search) he arose and put on his Cloaths, and went out of the Garret Window; and that she was charged by his Wife to say he was not in Town, and not to confess that he lay there that Night: And the said Margret Boulter saith, That he came Home on the Sixth of December (the Day of the Assault) between Eight and Nine at Night, but used to lie out whole Nights.
"That Sir Robert Viner informed the Committee, That he found a wet Cloak in Richard Halliwell's House, as if it had been washed, when he (with the Lord Mayor) searched his House: That the said Richard Halliwell, after his Flight, sent a Letter to one Mr. Howell, a Constable living by him, and in it one directed to the Lord Mayor; in which Letters (produced before the Committee) he refuseth to submit to the Justice of the Kingdom, but capitulates, with great Reflections upon the Government.
"That a Letter (no Date to it) superscribed (Halliwell's Letter to the Church) which Sir Robert Viner found in a Coat Pocket, with other Papers, in Halliwell's House, is full of traiterous Matter, and shews him to be a dangerous Person.
"3dly, Against Thomas Allen; their Lordships find, by the Examination of Michaell Beresford, of Hopton, in Suffolk, Clerk, taken before the Lord Arlington aforesaid, That, on the Sixth Day of December aforesaid, the said Michaell Beresford, walking The Piattza in Covent Garden, met Thomas Allen (whom he had formerly known to have been a Footman to Sir Michaell Livesey); that Allen passed by him several Times, and at last asked him, "If his Name were not Beresford, and if he knew him?" To whom Beresford acknowledged his Name; but said, "He knew him not;" and asking his Name, he said, "Allen; and that Sir Michaell Livesey was living." Beresford asked his Lodging; but Allen would not tell it: He said of himself, "He had been in Ireland, and lately come over." Beresford found by his Discourse something troubled him extraordinarily; and, upon his Enquiry, "What Allen did here?" He answered, "Nothing at all." He desired Allen to accept of a Pint of Wine, which he refused; and in the Interim, came a Footman to Allen, and asked him, "how he did?" Beresford asked Allen, "What does Sir Michaell Livesey in Town (thinking he saw him with Four more)?" To whom Allen replied (looking ghastly), "There are bad Designs on Foot." "What?" said Beresford; but further could not learn; and, persuading Allen against Designs, told him, "We had had too many already:" To which Allen replied, "We are all desperate." The said Beresford walking with Allen toward Long Aere, a Page came and told Allen, "That the Horses were gone before." Upon which, Allen went away, not discovering his Design, though Beresford often asked him. Allen was very fine, with Brown Periwig; more Beresford could not see, it being dusky.
"Upon which Grounds, the Committee are of Opinion, That, by an Act, a short Day may be given, for the said Thomas Hunt, Richard Halliwell, and Thomas Allen, to come in, and submit themselves to Justice; or, upon Failure of coming in, to stand convicted of the said Assault."
Bill to be prepared, for giving them a short Day to appear.
Upon Report made this Day, by the Lord Chamberlain of His Majesty's Household, from the Lords Committees appointed to examine the Matter of Fact committed, in the late barbarous assaulting, wounding, and robbing, the Person of the Lord Steward of His Majesty's Household, concerning such Persons as their Lordships find probably guilty of the said Assault:
This House agreeing with the said Report, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees be, and are hereby, appointed to prepare a Bill, to be offered to the Consideration of this House, according to the Tenor and Effect of the said Report; and that such Judges as the Lords Committees shall think fit are hereby appointed to assist them therein.
Additional Bill for Corn and Salt Measures.
Message to H. C. with the Bill for exporting Beer, &c.
Sir And. Hacket's Bill.
Message from H. C. for a Conference on the Petition against Popery.
ORDERED, That the Bill for making the Manor of Paris Garden a Parish, &c. shall be read the Second Time (fn. 1)To-morrow Morning.
Offly against the King, in Error.
Committees to meet.
Bill concerning Privilege of Parliament.
Protests against not committing and engrossing it.
Memorandum, That, before the putting of the abovesaid Question, these Lords following desired Leave to enter their Dissents, if the Question were carried in the Negative; and accordingly they enter their Dissents, by subscribing their Names:
Because I conceive there is no Colour of Law to claim a Privilege of Freedom from Suits; and for many other Reasons.
"Upon the same Grounds with the E. of Anglesey.
Berkeley of Berkeley.
H. Howard, &c.
Memorandum, That before the putting of the abovesaid Question, these Lords following desired Leave to enter their Dissents, if the Question was carried in the Negative; and accordingly they enter their Dissents, by subscribing their Names: