Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 15 Aprilis.
PRAYERS, by Dr. Hoyle.
Comes Manchester, Speaker.
Viscount Say & Seale.
Ds. Grey de Wark.
Count. Rivers's Petition.
A Petition of Mary Countess of Rivers, read, and Agreed to.
Wye and Sherman left to their Sentence.
A Certificate of Serjeant Cresheld read, touching Halfcrowns coined by one Tho. Wye; read.
Ordered, for the said Wye to be left to the Law.
Another Certificate of Serjeant Cresheld read, concerning one Henry Sherman's Felony and Robbery upon the Highway; read.
Ordered, That the said Sherman shall be left to the Law; and the said Serjeant Cresheld is to give Order to Mr. Eldred, Clerk of the Assize for Essex and Surr. Circuit, to give Notice hereof to the said Sheriffs of the said Counties, with all Speed that may be.
Ordinance concerning Compositions by the Court of Wards.
The House is adjourned, and put into a Committee; and the Ordinance concerning the Court of Wards read therein, and amended.
The House re-assumed; the said Order read again, and Agreed to, and Ordered to be sent down to the House of Commons.
Curteen and the E. I. Co.
The Cause between the East India Company and Mr. Curteene called in, to be heard at the Bar.
The Counsel of the East India Company only present; desired by the Solicitor of the other Side to be put off to another Day, for that their Counsel are all out of Town; and Oath taken by one John Dorrell, the Solicitor, touching the same.
A Question asked, "Whether the East India Company should have Cost of Mr. Curteene, for his Not-attendance with his Counsel or no?"
And Resolved in the Negative.
And the said Cause is Ordered by the House to be heard this Day Fortnight, at this Bar, peremptorily; and if the said Mr. Curteene do not attend then, with his Counsel, accordingly, the said Cause to be dismissed.
Ordinance to take off the D. of Buck's Sequestration.
The Ordinance for taking off the Sequestration of the Duke of Buckingham's Estate, sent down to the House of Commons, by Sir Edw. Leech.
Wye and Sherman's Order for Execution.
The aforesaid Wye and Sherman's Orders read. Sherman's Order was put to the Question, and passed; and the other passed without Question.
Woodcock and Moyle's Bail.
Ordered, That the Bail of one Woodcocke and Moyle, now Prisoners to this House, shall present their Bail To-morrow Morning.
Kent-to be instituted to Hardwick.
Ordered, &c. That Dr., or his lawful Deputy, are hereby authorized and required to give Institution and Induction unto Thomas Kent Clerk, Master of Arts, unto the Vicarage of Hardwick, in the County of Warwicke, void by the Death of the last Incum bent, salvo Jure cujuscunque; the said Mr. Kent taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of Dorothy Countess of Sunderland, the lawful Patroness.
E. Rivers's Goods, taken at Halton to be sold to Sir J. Cordell.
"To the Right Honourable the Lords now assembled in Parliament.
"The humble Petition of Mary Countess Rivers;
"That whereas your Lordships were pleased, by Order of this House, to prohibit the Sale of the Goods of your Petitioner's Lord, taken at Halton Castle, and sold by Mr. Brooks unto William Rudges; so it is, that, since the said Order, your Petitioner hath agreed with the said Wm. Rudges, that the said Goods shall be sold unto Sir John Cordell Knight, who will not proceed to buy the same of the said Rudges without the Order and Licence of this Honourable House.
"She therefore prayeth, that, by your Lordships Order, the said Sir John Cordell may be permitted to buy the same.
"And she will, &c.
Upon reading of the Petition of Mary Countess Rivers, read this Day in the House: It is Ordered, by the Lords in Parliament assembled, That the Goods of the Petitioner's Lord, taken at Halton Castle, may be sold unto Sir John Cordell Knight; any former (fn. 1) Order of this House in any Wise notwithstanding.
Certificate of Sherman's being convicted of a Highway Robery, &c. at the Surrey Affizes.
"To the Right Honourable the Lords in Parliament assembled.
"Whereas your Lordships, upon Information given to your Honours in Parliament, that there was some Mistake in the Evidence against Henry Sherman; condemned at the last Assizes in Southwarke, were pleased, on the First of April Instant, to order that I should reprieve him for Ten Days, and in the mean Time the Matter of Fact to be certified to your Lordships in Parliament:
"May it please your Honours, in Obedience to that Order, I have reprieved him for Ten Days; and do humbly certify, That he, together with Eustance Stephens, Charles Vivian, and John Turpin, were indicted at the said Assizes, for the Felonious Robbing of Robert Shorter of a Grey Mare, of the Price of Ten Pounds, being the Goods and Chattels of Richard Roberts Clerk, and for the putting of the said Robert Shorter in Corporal Fear of his Life, and taking the said Mare feloniously from his Person, in the King's Highway, in the Parish of Croydon; and also for the Felonious Robbing of Thomas Anthrobus, in the King's Highway, in the same Parish, and putting him in Corporal Fear of his Life, and (fn. 2) for taking from his Person divers Goods, and Thirtyfive Shillings in Money: And I neither did nor do know of any Mistake in the Evidence against the said Henry Sherman; but, by the Evidence given against him upon his Trial, it appeared, That the said Shorter and Anthrobus were both robbed severally in Croydon Parish, in one and the same Day, being Saturday, by Four Men; and that the said Sherman, Stephens, Vivian, and Turpin, lodged together that Saturday Night at Chiddingston in Kent, where they were suspected; and going thence on Sunday in Church-time, and Hue and Cry pursuing them for robbing of Anthrobus, they fled into a House in Charing, in Kent, and there stood upon their Guard before they were taken; yet, being there then apprehended, the said Mare taken from Shorter, as also divers Goods taken from Anthrobus, were then and there found with them; and being all Four carried to Maydston Gaol, the said Stephens, Vivian, and Turpin, were there indicted and condemned for several other Robberies, and the said Sherman was brought to Southwarke, where the Evidence against them all Four, for both the Robberies aforesaid of the said Shorter and Anthrobus, was so full, that the Court and Jury which tried him were fully satisfied that he the said Henry Sherman was Guilty of both the said Robberies; and the said Jury found him Guilty of the same: And thereupon, according to the Duty of my Place, I gave Judgement against him, according to the Law: All which I humbly submit to your Lordships Consideration.
"Dated at Hertf. the 3d Day of April, 1647.
Order for his Execution.
"Upon reading of the Certificate of Mr. Serjeant Cresheld, Judge of the Assizes for Surry Circuit; shewing, That one Henry Sherman was condemned, for committing Two several Roberies upon the King's Highway: It is Ordered, &c. That the said Party is hereby left to be proceeded against according to Law; and that the Clerk of the Assizes of the said Circuit is to give the Sheriff of the said County Notice hereof accordingly."
Certificate of Wye's being convicted of Coining, at the Essex Assizes.
"To the Right Honourable the Lords in Parliament assembled.
"May it please your Lordships, That, according to your Command signified by Mr. Serjeant Finch, upon Delivery of the Petition hereunto annexed unto me, I do humbly certify, That, upon the Trial of Thomas Wye, therein named, at the last Assizes in Essex, for counterfeiting Half-crowns, Twelvepences, and Twopences, in Colchester, it appeared by the Evidence against him, That his Wife having uttered and paid out several Half-crowns and Twelvepenny Pieces, for Commodities at Colchester, and he being had in Suspicion; and upon searching his House, in a false Loft above his Chamber, which his Maid would have kept the Officers from going into, but, perceiving them to enter therein to search there, she wrung her Hands, and cried, whereas before she laughed and was pleasant, there were found many counterfeited Half-crowns, Twelvepences, and Twopences, and also Melting-pots, Moulds, Implements, and Metals for Coining; and the said Wye did sweat for Fear: And that, about the End of December last, the said Thomas Wye, and Nelson Lence in the said Petition named, were together in a Chamber in Wye's House most Part of a Forenoon, and were heard to keep a great Knocking, as with Hammers, upon Iron or Metal about an Hour together; and that, after the Commitment of the said Thomas Wye's Wife, there was found in the House of Office, where she had lately been, several counterfeited Half Crowns, Twelve-pences, and Twopences: Upon all which (with several other Matters testified against him the said Thomas Wye concerning the Coining of falfe Money), the Jury found him thereof Guilty; and I thereupon, according to the Duty of my Place, gave Judgement against him, according to the Law: Yet, conceiving him the fitter Object for your Lordships Mercy, for that, by the View of the several Pieces of counterfeit Coin found in his House, it might be probably conjectured that he had been but newly practised in that Art, and lately drawn into that Offence by the said Lence, who is his Wife's Brother, and went from Colchester above a Month before his Apprehension: All which I humbly submit to your Lordships Consideration.
"Dated at Serjeants Inne, in Chauncery Lane, this 14th Day of April, 1647.
His Petition, for a Reprieve.
To the Right Honourable the House of Peers in the Most High Court of Parliament assembled.
The humble Petition of Thomas Wye, Innholder, a poor condemned Man;
"That whereas of late there happened one Nelson Lence to come as a Guest to your Petitioner's House, and was by your Petitioner received in no other Manner, where he remained about a Month; in which Time a Warrant issued out for the Apprehension of the said Lence, for coining of Money: But he, having some Intelligence thereof (as it should seem), fled; whereupon Search was made in his Lodging-chamber for certain Instruments and Money, where was found about Forty Shillings in base Coin, with some Instruments for that Purpose; which Instruments, he informed your Petitioner, were to make Bosses for Bridles: Hereupon your Petitioner was attached, and at Chelmesford in Essex condemned to die.
"Now, in as much (may it please this Most High and Honourable Court) as your Petitioner is innocent of condescending to any such wicked Fact, and that he hath always been very faithful to the Parliament's undoubted Cause, by his continual active Service, yet deeply sensible of the Justness of the Law in that Case provided, and doubteth not but by his Endeavours (if it shall please your Honours so far to commiserate his sad Condition) to discover and bring to condign Punishment the said Lence:
"May it please this High Court (in Consideration of his great Charge of a Wife and many Children, whose sole Dependency is on your Petitioner's Livelihood and Welfare) to extend your Mercy and Clemency, by granting him an Order (directed to Serjeant Creswell the Judge who condemned him), for his Reprieve for Ten Days, in which Time may report the whole Scope and Truth of the Fact to your Honours; and thereupon he will humbly submit himself to God, and your pious Intentions; however, prepare himself for another World: Yet, during Life, incessantly pray for your Honours endless Happiness."
Adjourn, 10 To-morrow.