House of Lords Journal Volume 12: 9 March 1671

DIE Jovis, 9 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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.

"The Committee sent for the said Michaell Beresford; but could only know, that he belongeth to Hopton aforesaid, but hath not resided there these Twelve Months.

"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.

Booth's Bill.

The Lord Powis reported, "That the Committee have considered the Bill to enable Henry Booth Esquire to settle his own and his Father's Estate; and have made a small Amendment therein."

Which, being read Twice, was Agreed to; and the Bill ordered to be engrossed accordingly.

Additional Bill for Corn and Salt Measures.

Hodie 1^a vice lecta est Billa, "An additional Act for ascertaining the Measures of Corn and Salt."

Message to H. C. with the Bill for exporting Beer, &c.

A Message was sent to the House of Commons, by Sir William Glascock and Sir Andrew Hackett:

To return the Bill for exporting Beer, Ale, and Mum; in which the Lords have made some Amendments, to which the Concurrence of the House of Commons is desired.

Sir And. Hacket's Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable Sir Andrew Hackett Knight to settle a Portion of Money on Mary Hackett his Daughter."

Message from H. C. for a Conference on the Petition against Popery.

A Message was brought from the House of Commons, by Sir Thomas Doleman and others:

To desire a Conference, concerning the Petition to be presented to His Majesty against the Growth of Popery.

The Answer returned was:

Answer.

That this House will give a Conference, as is desired; and appoints the same to be To-morrow Morning, at Eleven of the Clock, in the Painted Chamber.

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.

This Day the Master of the Rolls brought in a Writ of Error, to reverse a Judgement given in the Court of Chancery, wherein Offley is Plaintiff, and the King Defendant.

Committees to meet.

The Committee for the Bill concerning Brandy are to meet on Saturday Morning next.

The Committee concerning the Poor of London are to meet on Monday Morning next.

Bill concerning Privilege of Parliament.

The House took into Consideration the Bill concerning Privilege of Parliament; and, for the better Debate thereof, the House was adjourned into a Committee.

The House being resumed;

The Question being put, "Whether this Bill shall be committed?"

It was Resolved in the Negative.

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.

"Clare.
Kent.
Essex.
Cardigan.
Ailesbury.
Anglesey:
W. Willoughby.
Fauconberg.
Newport.
Delamar.
Ashley.
"Upon the same Grounds with the E. of Anglesey.
Lucas.
Berkeley of Berkeley.
Halifax.
H. Howard, &c.
C. Cornwallis."

The Question being put, "Whether this Bill shall be engrossed?"

It was Resolved in the Negative.

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:

"Clare.
Kent.
Essex.
Cardigan.
Ailesbury.
Anglesey:
For the same Reasons.
Ashley.
Delamer.
Fauconberg.
Berkeley of Berkeley.
Holles.
W. Willoughby.
Halifax
H. Howard, &c.
C. Cornwallis."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, decimum diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.