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, 14 die Januarii.
L. Viscount Say & Seale.
L. Viscount Hereford.
L. Mohun Privilege in Sir H. Carew's & al. Suit.
Upon reading the Petition of the Lord Mohun: (Here enter it.) It is Ordered, That the Lord Mohun shall be allowed the Privilege of a Peer; and that a Writ do issue out to the Judges, according to the ancient Form and Way, for the staying Proceedings.
Gosse, &c. committed for arresting L. Rich, released.
Ald. Fowkes and the E. L. Co.
Ordered, That this Cause shall be further heard this Day Sevennight; and that all Books of Accompts, and Books of Letters and Papers, as are in the Custody of Mr. Bonnell, and were made Use of touching this Cause, shall be brought in this Afternoon to the Clerk of the Parliaments; and the Counsel on both Sides to peruse them, in the Presence of Mr. Bonnell; and to take Extracts out of them, if they shall think fit, and the Books to remain in this House till the Hearing of the Cause.
Babington, a Pass to the King.
Ordered, That Mr. Uriah Babington, One of the Grooms of His Majesty's Privy Chamber, shall have a Pass, to go to the Committee of Parliament to Newcastle, to be employed as the Committee shall think fit.
Gosse, who arrested L. Rich, Petition to be released.
That, as reflecting upon the Service in which for some Years past he hath been employed, he is humbly confident he hath given good Testimony of his Devotion to the Parliament; so he cannot but be extremely dejected and afflicted, that this One Act of his, in causing the Lord Rich to be arrested, unto which he was driven by his Necessities, should so far draw your Lordships Displeasure upon him as now he is deeply sensible of; neither doth this his Unhappiness want this Aggravation, that hitherto his humble Addresses to your Lordships have not been admitted.
His humble Petition is still, that your Lordships would consider his weak Estate, favourably look upon his constant Devotion to the Parliament, and in your noble Goodness restore him unto his Liberty, that he may not longer languish under your Lordships Displeasure in this Restraint, which both makes him unable to perform his Duty to the Parliament, and to maintain that Charge which his Family requires of him. The like Favour he humbly implores for those in this Business who suffer for his Cause.
Hayes & al. the Sheriffs Officers, Petition for the same.
That whereas your poor Petitioners stand worthily and justly committed by your Honours, for their Contempt, in arresting the Right Honourable Robert Lord Rich, in Execution, at the Suit of Samuell Gosse; for which their Contempt they are very sorry, and humbly desire your Honours Favour and Mercy to them and their Wives and Children, who are much afflicted for this their Imprisonment; and that it would please your Honours, upon this their Submission, to discharge them of this Restraint and Misery wherein they have lain.
L. Mohun's Petition, against Sir H. Carew, Nicholls, and Rascarrock, about Lands in Cornwall.
That your Petitioner, being seised of the Barton and Manor of Trewinnard, and the Manors of Trembetho and Trelissick and St. Day, with the Appurtenances, in the County of Cornwall, descended to your Petitioner from his Ancestors, is, by several undue Courses, disturbed in his Possession, by Sir Henry Carew, John Nicolls and Charles Rascarrock Esquires, who, pretending a Title to the said Lands, did, the last Summer, by themselves and Agents, labour to seduce your Petitioner's Tenants within the said Manors, by Threats and Menaces, to pay their Rents to them; and then employed mean and unknown Persons, who took away their Goods, and so forced some Monies from the Petitioner's Tenants; and since, the said Sir Henry Carewe, John Nicolls, and Charles Rascarrock, have, by several Process out of the King's Bench, arrested and impleaded your Petitioner's Tenants and Agents, for Matters that merely concern your Petitioner's Title of Inheritance to the said Lands; and furthermore, the said Sir Henry Carew, John Nicolls, and Charles Rascarrock, did procure Anthony Cock, Udye Cocke, and Henry Cocke, Sons of James Cocke, William Hanke, John Dingle, and Robert May, and others whose Names your Petitioner knoweth not, on the 19th of December last, by Force, to set upon the Agents and Servants of your Petitioner, who had received several Gallons of Tin due to your Petitioner as Lord of the said Manor of St. Day, and did take away the Tin from your Petitioner's Servants.
Now, forasmuch as the said Sir Henry Carew, John Nicolls, and Charles Rascarrock, have, by these several Ways and Means, laboured to disseizin your Petitioner (being a Peer of this Realm) of his Freehold in Possession, without first having obtained Leave of your Lordships, who are the sole Judges of your Petitioner in Parliament-time; your Petitioner humbly conceives that he cannot submit to be judged by any for Matter of Title but by your Lordships in Parliament, without manifest Breach of Privilege of this House: And though your Petitioner hath justly forfeited his Privilege as to your Lordships by his Delinquency, yet your Petitioner hopes your Lordships will not give away the Privilege of Peers in Favour of Persons under the same Delinquency; but reserve as much Judicature in your Hands as is justly due to you, and afford as much Protection [ (fn. 1) to your Petitioner as] your Lordships have done to others in the like Case.
And therefore humbly prays your Lordships to order the said Sir Henry Carew, John Nicolls, and Charles Rascarrock, and all other Persons whom it may concern, to surcease all further Prosecution against your Petitioner, his Servants and Agents, for any Thing that concerns your Petitioner's Inheritance, otherwise than before your Lordships in Parliament; and that your Lordships would order the said Sir Henry Carewe, John Nicolls, and Charles Rascarrock, to pay to your Petitioner all such Monies which they have unjustly received from the Tenants, and the Tin taken away by Force, and likewise all such Costs and Charges which your Petitioner hath been put to by their undue Proceeding; and your Lordships would order the Sheriff of Cornwall to see your Petitioner restored to his quiet Possession, and the Tenants of the said Manors to pay their Rents to your Petitioner, until your Petitioner be disseizined by Judgement before your Lordships.
Cooper to be instituted to Stonely.
Ordered, &c. That Mr. Doctor Heath, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Henry Cooper Master of Arts, unto the Vicarage of Stonely, in the County of Warwick, void by the Death of the last Incumbent, salvo Jure cujuscunque; the said Mr. Cooper taking the National League and Covenant, and producing his Presentation thereunto under the Great Seal of England.