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 Mercurii, 2 die Junii.
L. Viscount Say & Seale.
Baker versus Petit and Deliques.
Sir A. Blundell and Lostus.
It is Ordered, That Mr. Nic. Lostus shall give Security to this House, that he will appear, at the Day of Hearing the Cause between him and the Petitioners, at this (fn. 1) Bar.
Paper from the Admiralty Committee.
Persons to be attached, who fired at the E. of Holland, from the Keeper's House in Windsor Park.
Upon Complaint made to this House, in Behalf of the Earl of Holland, "That his Lordship going lately to the Great Park at Windsor, and going to the Keeper's House, to take an Account of Things done about that Park which he gave Order to be done, the Door was kept shut; and a Woman crying out to some in the House to shoot his Lordship.; and presently some Men in the House did shoot a Bullet at his Lordship, and did very narrowly miss him:"
It is Ordered, That the Persons that were then in the House shall be attached, and brought before this House; and that the Examination of the Business is referred to the same Committee as was appointed to examine the Business concerning Symonds, upon the Complaint of the Earl of Holland.
Upon reading the Petition of Thomas Fowlkes, Clerk: It is Ordered, That it is referred to the Judges, or any Two of them, to consider what Course is proper for the Relief of the Petitioner; and certify the same to this House.
More, alias Poyntz, versus Brown, Throgmorton, &c.
It is Ordered, That the whole Business shall be heard, at this Bar, by Counsel on all Parts, on Friday next come Sevennight; and that John Morris, alias Pointz, shall have Notice of it, and Copy of these Answers; and the Judges to have Notice, to be present at the Hearing of this Business.
Sir E. Sydenham versus Mellor & al.
This Day the Counsel of Sir Edward Sydenham and the Counsel of Mellor, &c. were heard, concerning a Pretence of a Riot and Breach of the Possession of the said Sir Edw. Sydenham, contrary to the Order of this House.
And it being alledged, by the Counsel of the Defendants, "That Sir Edward Sydenham ought not to be heard, in his own Right, concerning this Business, until he had compounded with the State for his Delinquency;"
It is Ordered, That the further Hearing of this Business, concerning the Riot, shall be respited until the Tuesday next after the said Sir Edward Sydenham hath compounded at Goldsmithes Hall for his Delinquency, and given Security for his Composition: In the mean Time, the Defendants shall go, upon their own Security to appear at the Time aforesaid; and then Resolution shall be given who shall pay the Charges which the Defendants have been at.
Hulkes and Usman sent for, for taking a Gun from L. Say & Seale's Servant.
E. of Leicester's Order for Possession of Lands.
Ordered, That the Earl of Leycester shall have the Rents of these Lands paid him which are mentioned in the Order of the 7th of December, 1646, and according to the said Order; and such whom it concerns are to give Obedience to this Order, as they will answer the contrary at their Perils; and that my Lord shall have the Possession of the Lands, according to the Intent of the said Order.
L. Wharton's Petition.
Upon reading the Petition of the Lord Wharton: It is Ordered, That this House thinks it fit to grant it; and that it be sent down to the House of Commons, for their Concurrence therein, when he pleases.
Message to the H. C. with it;
and a Letter to the Arch Duke Leopaid.
Committee going to the Army recalled.
E. of North'ton and Gloucester Clothiers.
Place in the Alienation Office for Colonel Thompson.
Upon Motion, "That a Place in the Alienation Office is void, by the Death of one Legg, that it might be bestowed upon Colonel Thompson, for his Service (fn. 2) to the State:"
It is Ordered, That the Lord Wharton and the Lord Willoughby shall inform themselves of the Value of the Place, and report the same to this House; and then further Consideration shall be taken therein.
Examinations to be taken concerning the forged Act of Parliament, for Conveyance of the Estate of Morris, alias Poyntz.
Ordered, That it is referred to Sir Rob't Pye, Mr. Recorder of London, Mr. Edwards, Mr. Robert Packer, Mr. Manley, Mr. Fauconbridge, and Mr. Sweetnam, Justices of the Peace, or any Two of them, to take the Informations and Examinations concerning the Forging of an Exemplification, under the Great Seal of England, of a pretended Act of Parliament, concerning the Conveyance of the Estate of Morris (fn. 3) and Poyntz; and to certify such Reports to this House.
Baker versus Petit and Deliques.
"According to an Order of this Most Honourable House, of the 28th of January, 1646, I have considered of the Petition of John Baker; and do find that the Petitioner did obtain a Decree in the Court of Admiralty, for the Possession of Two Ships, with their (fn. 4) Ensigns and Goods, called The Boxtree and The Pearle High, and a Commission for the appricing the same, which Decree and Commission were accordingly executed, and the Certificate thereof returned to the Court; whereupon the Petitioner, according to the Rules of the said Court, was of Course to have a Decree under Seal, to sell or dispose of the said Ships, (fn. 4) Ensigns, and Goods, as he should think fit, to prevent their Perishing; the said Petitioner putting in Security to be answerable, and to abide the Sentence of the said Court in the Cause; but, by reason that the Return of the said Certificate was not above Two Days before the Judge of the Admiralty died, the Decree could not be sealed, nor the Security be taken, because the Judge who was to make the Decree, and in whose Name the Security was to be taken, died so soon: So that, I humbly conceive, the only Remedy for the Petitioner is this; if your Lordships please, in Supply of this Defect, to order (which the Judge must have done if he had lived) that Captain Hunter shall forthwith deliver to the Petitioner John Baker, or to such as the said John shall appoint, the said Pearle High and Boxtree, with all the Engines and Goods, which, either in these Two Ships or in any other Ships, did belong to the Two Defendants Petit and Deliques (not exceeding in Value the Debt demanded by the Petitioner from the Defendants), to be sold and disposed of by the Petitioner, as he shall think fit, for Prevention of their Perishing; and likewise, in case any of the said Engines and Goods have been taken away, that Captain Hunter demand them of any who have so taken them, and moreover do seize them, or cause them to be seized, wheresoever they can be found; and do deliver them, being re-gained, immediately to the Petitioner John Baker, to do with them as aforesaid: Provided, That the Petitioner do put in Security to the Register of the Admiralty, such as is usually put in to the Judge in like Cases: And lastly, That Captain Hunter and the Petitioner give your Lordships an Account of the Performance of your Lordships Order, and what the Value of such Goods is, which have been conveyed away and cannot be found; and also that the Defendants Petit and Deliques have Notice of your Lordships Order, if they or either of them can be found in England; though Deliques refused to come to be heard, being summoned by me for that Purpose:
"All which I humbly offer and submit to the Wisdom (fn. 5) of this Most Honourable House of Peers.
Report from the Admiralty Committee, for 165£. to be paid to Mr. Opy, for Provisions for Scilly.
"Whereas it appears to this Committee, that Sir George Ayscue, in the Time of his Supplying the Place of Governor of the Island of Silly did, for Support of the Garrison there, take up Three Hundred Bushels of Rye, at Twenty Gallons to the Bushel, and agreed for the same at Eleven Shillings the Bushel, amounting in the whole to One Hundred and Sixty-five Pounds, for which he stands engaged to Mr. Opy, of Plymouth, Merchant; and forasmuch as he hath represented to this Committee, that, from the Time of his receiving the said Island into his Charge by Order from this Committee, to his coming thence by Leave from the House of Commons (being in all about Seven Months), he was necessarily (fn. 6) exposed to great Charges, in order to the Public Service of that Island, for which he received no Satisfaction; his Disbursements being by him computed at least One Hundred and Fifty Pounds:
"Ordered, That Report be made hereof to both Houses of Parliament; and that it be recommended to them, that the said One Hundred and Sixty-five Pounds may be satisfied to Mr. Opy, and he discharged thereof; and also that Consideration may be had of his said Expences, in such a Way as they shall in their Wisdom think fit.
Bing's Affidavit, about Usman taking a Gun from Lucock, L. Say & Seale's Servant, which Hulkes refused to restore, and escaped from the Constable.
"Peter Bing, of Hanworth, in the County of Midd. maketh Oath, That my Lord Saye's Man John Lucock going to Hansworth, with a Piece on his Neck, to buy Pigeons, asked John Usman, "if he had any Pigeons to sell him?" Upon which, the said Usman laid hold upon his Piece, and took it from him. After which, my Lord Say sent this Deponent to the said Usman, to demand of him the said Piece, who told him "he should not have the Piece." Upon which, my Lord sent the Deponent a Second Time for the said Piece, which he again denied. Upon which, my Lord sent the Deponent a Third Time, with a Warrant which he had procured from Mr. Povy, directed to the Constable of that Town, to bring the said Usman before the said Mr. Povy. And before the Deponent came to the Constable, he met Mr. John Hulkes in the Street, who asked him, "whither he was going?" And the Deponent told him, "He was going a little Way, to one Tillye's House, who was Constable:" Which Mr. Hulkes went along with him, and shewed him the House, and went with him thither; and the Deponent, finding the Constable at Home, delivered the Warrant to him, and Mr. Hulkes desired to read it; which he did, and then threw it under his Horse' Feet; swearing, "it was for the Gun; but he had broke it all to Pieces, and he should not have it;" and said, "the Constable should not shew the Warrant, but he would answer it:" And upon that went away, but presently returned thither again, and swore, "he had sent the Gun out of the Town, and it should not be delivered." Notwithstanding, the Constable went to Usman's House, and served the Warrant; which he refused to obey: Upon which, the Deponent going back to my Lord Say, and acquainting him therewith, my Lord willed this Deponent to go back again to the Constable, and to wish him to apprehend him by virtue of his Warrant, and carry him before the Justices, to see if he would rescue himself, or any other would rescue him: Which he did accordingly; and the Constable went with him. But Mr. Hulkes running out of a House of the Town, as the Deponent and the Constable came by, and came to the Constable, and bad him give him his Warrant, and told him, "he should not go; he would answer it." To which the Constable answered, "he would go; for he must obey my Lord, and not take his Word." Upon which, the said Mr. Hulkes got Hold of the Constable, and would have taken the Warrant out of his Pocket, and strove with him to that Purpose. Upon which, the Constable saying, "I have it not; my Lord's Man hath it;" he said to this Deponent, "Give it me:" Which this Deponent refusing, he the said Mr. Hulkes would have pulled the Constable's Staff out of his Hand; which when he see he could not do, he struck this Deponent upon the Face with his Fist, and kicked him upon the Belly; and after being gone from him, he the said Mr. Hulkes took his Horse, and rode after him, threatening him, "that he would pay his Coat worse before he got Home:" And the Deponent telling him, "he had already abused my Lord;" he answered, "he cared not for his Lord, nor never a Lord of them all; your Lord will do as much to me as he did for Mr. Mildmay and Mr. Huntly."
"Pet. (fn. 7) Bring.