Journal of the House of Lords: Volume 8, 1645-1647. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 31 die Decembris.
L. Rich's Petitions.
Reading sent for, for refusing to release him.
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"."
Blzek Rod to demand him of the Sheriffs.
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. 1) to the Order of this House of the 29th Instant.
Serjeants & al. who arrested him to attend.
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.
To desire a Conference, so soon as it may stand with their Lordships Conveniency, concerning the Matter of a late (fn. 2) Conference concerning the King's Person.
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.
Preachers at the next.
Finch to export Horses.
Col. Villiers and Hill to be released.
Sheriffs indemnified for releasing L. Rich.
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. 3) 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.
Ordinance to pardon Goodman and Hanson.
Answer from the H. C.
Message to them, with Ordinances, &c.
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:
Order about Hull.
Commissioners of the Great Seal.
Report of the Conference about disposing of the King's Person.
"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."
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.
"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.
"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.
Petitions from L. Rich, to be freed from an Arrest at the Suit of Gosse.
"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.
"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.
"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.
Sheriffs Petition, shewing they are liable to the Debt if they deliver him without a Writ.
"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.