Journal of the House of Commons: Volume 7, 1651-1660. Originally published by His Majesty's Stationery Office, London, 1802.
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Thursday, the 31st of March, 1653.
MR. Garland reports from the Committee to whom the Business concerning Sir Thomas Walsingham, a Member of Parliament, his being arrested, contrary to the Privilege of Parliament, was referred;
ROBERT Manning, Roger Filewood Serjeant at Mace, and Thomas Hermdon his Yeoman, being summoned to appear before this Committee, appeared: And Robert Manning affirmed, That Toby Manning, who was also summoned, was not able, by Infirmity, to appear. Roger Filewood confesseth, That he did enter an Action in Wood-street Compter, London, about the 9th of February last, against Sir Thomas Walsingham Knight, to answer Robert Manning and Toby Manning, in a Plea of Debt of Two hundred Pounds; upon which he arrested the said Sir Thomas the same Day, at Chancery-Lane End; and put him into a Coach; and carried him to the Mitre-Tavern, over-against the said Compter; and there kept him, till Bail was taken upon the said Action; although the said Sir Thomas did affirm himself to be a Parliament-Man, and claimed the Privilege of a Parliament-Man: And that he did enter the said Action, and make the said Arrest, without any Order from the said Robert Manning or Toby Manning.
Thomas Hermdon saith, He was an Assistant to the said Filewood as his Yeoman, in the Arresting of the said Sir Thomas.
Robert Manning said, He knew not of the said Action; nor gave any Order for the said Arrest.
Mr. Wm. Tibbs, saith, That Sir Thomas told the Serjeant in the Tavern, that he was a Parliament-Man, and claimed his Privilege as a Parliament-Man: And when Thomas Wright, the Clerk who took the Bail, came thither, Sir Thomas said the same; and the Clerk replied, He could not be discharged without Bail: And the said Clerk refusing Mr. Tibbes, without some other would join with him, Sir Thomas would have deposited Sixty Pounds, rather than be further troubled; but, upon his Advice of the Hazard in getting the Money again, he forbeared it: And the said Mr. Tibbs procured one Mr. John Farley to join with him; and thereupon the said Sir Thomas was bailed and discharged; and the said Action was nonsuited this Day.
Resolved, That Roger Filewood Serjeant at Mace, and Thomas Hermdon, an Assistant to the said Roger Filewood, be sent for as Delinquents.
Resolved, That the said Roger Filewood be discharged of executing the Place of a Serjeant at Mace in the City of London; and be incapable of bearing such Office or Place in London, or elsewhere in this Commonwealth.
Resolved, That the said Thomas Hermdon be discharged of executing the Place of Yeoman in the City of London; and be disabled, and made incapable of bearing such Office or Place in London, or elsewhere in this Commonwealth.
Resolved, That the said Roger Filewood and Thomas Hermdon be committed to Newgate for Six Months, without Bail or Mainprize.
Ordered, That the Act touching Ireland be reported on Tuesday Morning next, the first Business; nothing to intervene.
Probates of Wills, &c.
Mr. Corbett reports, An Act for Probate of Wills: Which was this Day read the First and Second time.
The Question being put, That the Time for the Continuance of this Act be enlarged until the First of October next;
The House was divided.
The Yeas went forth.
|Sir Henry Vane,||Tellers for the Yeas:||27.|
|Col. Fielder,||With the Yeas,|
|Sir Wm. Masham,||Tellers for the Noes:||13.|
|Col. Marten,||With the Noes,|
So it was Resolved, by the Parliament, That the Time for the Continuance of this Act be enlarged until the First of October next.
Resolved, That the said Bill be committed to the Committee appointed to receive Reports from, the Persons appointed to consider if Inconveniences in the Proceedings in Law: And that the Committee do meet this Afternoon; and report with all Speed.
Resolved, That Dr. Waller and Dr. Turner be spared in this Act.
Mr. Holland reports, An Act for further Doubling of the Sum of upon Bishops, Deans, and Deans and Chapters, Lands: Which was this Day read the First time.
The Question being put, That this Bill be now read the Second time;
The House was divided.
The Yeas went forth.
|Sir John Bourchier,||Tellers for the Noes:||22.|
|Col. Lister,||With the Noes,|
|Col. Downes,||Tellers for the Yeas:||15.|
|Mr. Oldsworth,||With the Yeas,|
So it passed with the Negative.
Ordered, That this Act be read the Second time on Tuesday Morning next.
Ordered, That the Act for removing Obstructions in the Sale of Delinquents Estates be reported on Tuesday Morning next.
Ordered, That the Amendments to the Act for Sale of Forest Lands, be reported on Thursday Morning next.