House of Lords Journal Volume 4: 9 December 1641

DIE Jovis, videlicet, 9 die Decembris.

PRAYERS.

Habeas Corpus for Morgan.

Rookes sent for.

Upon reading the Petition of Turburvile Morgan, shewing, "That whereas, by the Order of this House, dated the 27th of July 1641, he was to have Liberty of his Person, to be free from Arrests or Molestation, whereby he may be able to follow his Cause depending before the Lords Committees for Petitions; yet notwithstanding, one George Rookes, in Contempt of the said Order, hath arrested the said Morgan, upon an Execution:" Hereupon it is Ordered, That the said Morgan be forthwith brought before the Lords in Parliament, by a Habeas Corpus cum Causa; and that Rookes be sent for, to answer the Contempt of the Order of this House.

E. of Pembroke, &c. Bill.

Hodie 2^a vice lecta est Billa, An Act for the Indemnity of Phillip Earl of Pembrooke and Mountgomery, and the Lady Anne his Wife, and the Heirs and Assigns of the said Lady Anne, etc.

Committed to these Lords following: videlicet,

Any Five of their Lordships to meet on Monday next, in the Painted Chamber, at Two a Clock in the Afternoon.

A Message was brought from the House of Commons, by Mr. Pym:

Message from the H. C. concerning the Instructions to the Commissioners for Irish Affairs.

To let their Lordships know, that the House of Commons do agree to the Addition which their Lordships made to the Instructions sent down to them Yesterday; and they desire this Addition and these Instructions, brought up Yesterday from the House of Commons, may be annexed to the Commission.

Upon this, this House agreed, That all the Instructions shall be presented to the King. To this Purpose the Earl of Bedford and the Lord Howard of Est. were appointed presently to attend the King with them, for his Approbation.

The Earl of Bedford reported, "That he had acquainted the King with the Instructions which are to be given to the Commissioners of both Houses, to treat with the Scotts Commissioners; and the King, after He had read them, approved of them; and said He would send by His Secretary to the Lord Keeper, with Directions that they may be annexed to the Commission."

Printing Libels.

Ordered, That the Committee appointed to consider of the Printing of unlawful Books and Pamphlets shall meet on Monday next, at Twelve a Clock.

Ordered, That the Lord Privy Seal, the Lord Wharton, and the Lord Bruce, be added to the Committee for Printing.

Bill for punishing James.

Ordered, That the Committee concerning the Bill touching John James shall meet To-morrow, at Two a Clock in the Afternoon, in the Painted Chamber.

The Abuse of Wingfield to be examined.

Ordered, That the Lord Chamberlain, Earl of South'ton, the Lord Brooke, Lord Roberts, Lord Seymour, and the Lord Bruce, shall examine the Witnesses in the Cause of Wingfeild, the Ensign-bearer to the Court of Guard, that was abused by Hutton and others, and report the said Examinations to this House.

Any Three of their Lordships to meet presently.

Captain Gregory to carry Men to Holland.

Ordered, &c. That James Wattes, Ensign unto the Company of Captain Francis Gregory, shall have Power (by virtue of this Order) to entertain and transport into The Low Countries for the Service of The States of Holland, the Number of Thirty Men, by Way of Recruits, according to former Liberty granted by His Majesty, for the supplying of the said Captain Francis Gregory's Company.

"To all Mayors, Justices of Peace, Sheriffs, Searchers, Constables, and all other His Majesty's Officers, to be aiding and assisting to the said James Waytes, with all convenient Expedition that may be afforded."

Capt. Peyton, ditto.

The like Orders, of the same Date, was granted for taking up of Forty Men, for Captain Payton's Company, per Jo. Grey and Tho. Terell.

Col. Corbet, ditto.

Forty Men for Lieutenant Colonel Corbett's Company, per William Jenkins.

Capt. Honeywood, ditto.

Forty Men for Captain Honywood's Company, per Robert Harding and Dymock Holby.

Twiner versus Cooper, &c.

Upon reading of an Order of the Committee of Petitions this Day in the House, between Thomas Turner, Complainant, against John Cooper and Daniell Wilgresse, Defendants, dated the 22d of July last, wherein the said Defendants were enjoined to pay Twenty Pounds to the said Turner, for not performing an Order, dated the 30th of July 1638, made by the Earl of Manchester and the Earl of Dorset, upon a Reference to them by His Majesty: It is Ordered, &c. That the said Order of the 22d of July shall be ratified and confirmed in all Points: And it is further Ordered, That, if the said Cooper and Wilgress shall not perform the said Order (this Order and those others being served upon them, or true Copies thereof left at their Dwelling-houses) between this and the First of Hillary-Term next, that then they shall be sent for as Delinquents, for their Contempt done to the House in this Particular.

L. Loftus's Cause.

Upon hearing the Counsel of the Lord Loftus this Day at the Bar, upon a Transmission sent up from the House of Commons, which was read before the Lords in Parliament, and likewise the Counsel on the other Side; it appeared to their Lordships, That the Desendants in the Cause had not been served with any Order of this House, to put in their Answer unto the said Transmission, according to the constant Practice and Usage of the same: It is therefore Ordered, &c. That Robert Lord Dillon, Sir Adam Loftus, Knight, Sir Phillip Manwareing, Knight, Sir George Wentworth, Knight, Sir John Gifford, Knight, and Sir Paule Davys, Knight, Parties in the said Cause, at whose Suit, Instance, and Prosecution, the Decree complained of was obtained, together with the Heir General, shall be severally required (by virtue of this Order) to make their Answers to the Criminal and Civil Part in the said Transmission within Thirty Days next after they shall be served with this Order: And lastly it is Ordered, That, if the said Parties, neither by themselves, their Counsel, Agents, nor Solicitors, appear to make their Defence in this Cause, that then this House will proceed against them in their Absence, and take it for a Contempt of this Order, upon their Refusal to appear as aforesaid.

E. of Denbigh's Privilege. Tho. Townshend released.

Ordered, That Thomas Townsend, a menial Servant of the Earl of Denbeigh, and especially employed about his Lordship's Service, being brought before the Lords in Parliament upon a Habeas Corpus cum Causa, by Order of this House, shall be released of his Imprisonment, being under Execution at the Suit of Peter Bultaile; and this shall be a sufficient Warrant in that Behalf.

"To the Sheriffs of London, &c."

Delinquents released.

Ordered, &c. That Peter Bultaile, who caused Thomas Townsend, a menial Servant of the Earl of Denbigh, and especially employed about his Lordship's Service, and Hugh Osborne, who arrested the said Townsend, shall be released of their present Restraint, paying their Fees. And this shall be, &c.

"To the Gentleman Usher, &c."

Rogers's Privilege.

Ordered, &c. That Francis Rogers, being one of His Majesty's Servants, and arrested contrary to the Privilege of Parliament, being now a Prisoner with the Sheriff of Midd. at the Suit of Constance Wood, Widow, shall, upon Sight hereof, be freed of and from his present Restraint and Imprisonment. And this, &c.

"To the Sheriff of Midd. and his Undersheriff, and to all whom it may concern."

Cannon, &c. sent for, who arrested him.

Ordered, &c. That the Gentleman Usher, his Deputy or Deputies, shall attach, or cause to be attached, and brought before their Lordships, the Bodies of William Cannon, Chapman, and Thomas Baker, who have arrested Francis Rogers, Esquire, contrary to the Privilege of Parliament; and also William Franke, who prosecuted the Business, and caused the said Rogers to be arrested, to answer their several Contempts against the Honour and Dignity of this House. And this shall be, &c.

"To the Gentleman Usher."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 10^m diem instantis Decembris, hora 1^a post meridiem, Dominis sic decernentibus.