DIE Jovis, 14 die Januarii.
PRAYERS, by Mr. Strickland.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
L. Viscount Hereford.
Ordered, That the House of Commons be put in
Mind again of the Business formerly sent down to them,
for taking off the Sequestration of Mr. Becke's Estate.
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.
The Petition of Sam. Gosse was read.
(Here enter it.)
And it was Resolved, That Sam. Gosse, upon this his
Submission, shall be released from his Imprisonment.
Upon reading the Petition of the Four Serjeants that
arrested the Lord Rich, who leaves them to the Pleasure of this House: (Here enter it.)
It was Resolved, upon the Question, That they shall
be released from their present Imprisonment, upon this
Ald. Fowkes and the E. L. Co.
This Day the Counsel between Alderman Foulkes
Plaintiff and the East India Company were called in, to
proceed in the Cause.
And the Counsel for the Defendant desired that Bonnell's Books, upon which the First Decree was made, as
it being Evidence, might be brought in; and Bonnell's
Brother, now present, might be examined.
And the said Bonnell's Brother upon Oath was examined, "Whether he knows where any of those Books
And he said, "He knows where One of them is, it
being in his Custody, Extracts whereof he hath delivered to Alderman Foulkes; but where the rest of
the Books are, he knows not."
And he being also asked, "Where his Brother's
Book of Letters are?" He said, "He had it in his
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
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.
"To the Right Honourable the Lords assembled in
High Court of Parliament.
The humble Petition of Samuell Gosse, Citizen
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.
And, together with his, shall daily pray, &c.
Hayes & al. the Sheriffs Officers, Petition for the same.
To the Right Honourable the Lords assembled in
The humble Petition of Raphe Hayes, Edward Ridley, John Hooton, and Clement Cole,
Serjeants at Mace and Officers belonging to
the Sheriffs of London;
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.
And they shall ever pray, &c.
Raph Hayes. Edward Ridley.
"Clement Cole. The Mark of I. H. John Hooton."
L. Mohun's Petition, against Sir H. Carew, Nicholls, and Rascarrock, about Lands in Cornwall.
"To the Right Honourable the Lords assembled in
The humble Petition of Warwick Lord Mohun;
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. *)
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.
And your Petitioner shall pray, &c.
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.