House of Lords Journal Volume 5: 21 December 1642

DIE Mercurii, 21 die Decembris.

PRAYERS.

The Earl of Manchester, Speaker.

Inland Post-office.

Upon reading of Three Affidavits, shewing, "That the Mails of the Letters from Chester (fn. 1) and Plymouth were violently seized on, and taken away by Force, by Troopers, from the Servants or Agents of the Earl of Warwicke, contrary to the Orders of this House:"

(Here enter the Affidavits.)

Delinquents sent for, for seizing the Chester and Plymouth Mails.

(fn. 2) Ordered, That a Warrant be granted, to bring Hickes, Marten, Gee, and Rodden, and Mr. Burlamachi, before this House, To-morrow Morning; and, because Burlamachi refuses to give Accompt of the Profits of the Inland Letter-office, and refuses to bring in the Books of Accompts and Acquittances; it is Ordered, That the Sheriff of London shall seize the said Books of Accompts and Aquittances, and bring them to this House.

Sir Richard Young and Mr. Mynn.

Upon the reading of the Petition of Sir Ric'd Younge (Here enter it); it is Ordered, That Mr. Mynn and Sir Ric'd Young shall be heard, by their Counsel, on the Saturday before the next Term, touching the Petitions of the said Mr. Mynn and Sir Ric'd Younge.

Brown, about Doctor Bennett's Horses.

Ordered, That the Horses of Mr. Doctor Bennet shall be restored; and Mr. Browne is to use all Diligence to procure them.

Declaration for vindicating the Army from entertaining Papists.

Ordered, That the Declaration, for vindicating the Army of the Parliament from entertaining of Papists, shall be read To-morrow Morning, the First Business.

Fitchett and Shallaker's Petition, for Money due for Provisions.

Upon reading the Petition of Wilks Fitchett and Wm. Shallaker; shewing, "That the Petitioners about December last petitioned the Lords Commissioners for the Treasury, for Nine Hundred and Seventeen Pounds, due unto them for Provisions served in for the Service of this House: Whereupon the Commissioners commanded the Petitioners to bring in a Certificate thereof, which accordingly was done, under the Hands of the Lord Savile and Sir Peter Wyche, which was left in the Hands of Mr. Fawconbridge: Upon which the Commissioners, about April last, gave Order unto Sir Rob't Pye, for Payment of Three Hundred Pounds thereof, and yet they have received but only One Hundred Pounds thereof; and, in their Attendance for the rest, have spent the greatest Part of what they have received.

"Wherefore, and for that the said Nine Hundred and Seventeen Pounds is ready Money laid out of Purse by the Petitioners, besides the growing Charge, and the greatest Part of their Estates, they humbly pray, to give Command to Sir Rob't Pye, That present Payment may be made of the Two Hundred Pounds already Ordered, and the rest (being in all Eight Hundred and Seventeen Pounds), to be paid by Mr. Cofferer's Clerks, for the Time being, attending that Service."

Hereupon this House Ordered, That Sir Rob't Pye do pay the Petitioners the Two Hundred Pounds, according to the Order of the Commissioners.

Briscoe's and Isham's Affidavit, concerning the seizing the West Chester Mail.

Robert Briscoe and Gregory Isham, Gentlemen, depose, "That they, being appointed by the Right Honourable Robert Earl of Warwick for seizing the West Chester Letters, and to bring them to his Lordship's Office near The Exchange, in London, did, on the 19th of this December, at Barnett, seize the said Letters, then in the Custody of one James Hicks, who had them behind him in a Cloak-bag, who came with these Deponents unto the Foot of the Hill beyond Highgate, at which Place there met these Deponents and the said Hicks Five Persons unknown to these Deponents, on great Horses with Pistols, habited like Troopers, and demanded of these Deponents, Who had the Letters? saying, They must have them: And so these Deponents, with the said Hicks with the Letters behind him, and the Five Troopers, came together into Highgate Town, and there met with Edward Rodden, Mr. Prideaux's Man, who, with Hicks and the Troopers rode into a Yard, these Deponents following them; and the said Rodden said, He did seize the said Letters by virtue of an Order of the House of Commons, and that his Master would be there presently to receive them; and these Deponents said, That they had seized them by virtue of an Order of the House of Lords: And these Deponents demanded of the said Troopers, by what Authority they came to take the Letters from them, who answered, They did belong to Captain Manwaring's Troop; and one of them confessed he was Mr. Prideaux's Man, but refused to tell these Deponents their Names; and the said Rodden, and the said Trooper that affirmed he was Mr. Prideaux's Man, took the Cloak-bag with the said Letters, and carried them away from these Deponents."

Uterque jurat. 20 die Decembris.

Tho. Benet.

Hughes's Affidavit, concerning the seizing the Plymouth Mail.

Fulke Hughes maketh Oath, "That, upon Monday, the 19th of this Instant December, he, being appointed by the Right Honourable the Earl of Warwick to receive and dispose of the Inland Letters at his Lordship's Office near The Royal Exchange in London; and he, this Deponent, seeing the Mail of Plymouth Letters coming by the said Office, did, by virtue of an Order of the Lords in Parliament, seize the same; and that immediately one Mr. Prideaux, a Member of the House of Commons, together with one Marten, one Gee, and others, Servants to Mr. Burlimachi, did by a strong Hand take away the said Mail of Letters from this Deponent, and carried them to the House of Burlimachi: And this Deponent further saith, That Mr. Prideaux said he would carry them to his House, and that they were his Goods."

Jurat. 20 Decembris, 1642.

Tho. Bennett.

Dexter's Affidavit, concerning it.

Mathew Dexter maketh Oath, "That, upon the 19th of this Instant December, he, being at the Office of the Right Honourable the Earl of Warwick, did assist one Fulke Hughes, in seizing the Mail with Plymouth Letters, according to an Order of the House of Lords; whereupon immediately one Mr. Prideaux, together with one Marten, Gee, and others, Servants to Mr. Burlemachi, did by a strong Hand force the same into Mr. Burlimachie's House; Mr. Prideaux saying he had an Order of the House of Commons, whereof he was a Member, to take them; at which Instant also a Gentleman (whom this Deponent knoweth not) in Mr. Prideaux's Company said, An Order of the House of Commons ought to be obeyed before an Order of the Lords."

Jurat. 20 die Decembris, 1642.

Tho. Benett.

Maurice's Affidavit, that he had served the Order of this House on Sir Richard Young.

Robert Maurice, Servant to George Minn, Esquire, aged Thirty-five Years or thereabouts, maketh Oath, "That, on Monday the 12th of this present December, 1642, he did serve the Order hereunto annexed, of this Honourable House, upon Sir Richard Young, at his House at Weabridge, in Surrey, by shewing unto the said Sir Richard the said Order, which the said Sir Richard then read over: And this Deponent did then also give him true Copies both of Mr. Minne's Petition to this Honourable House, and of the said Order, both which did agree with the Original."

Jur. 19 die Decembris, 1642.

John Page.

Sir Richard Young's Petition, for Privilege in Mr. Mynn's Suit, concerning the Clerk of the Hanaper's Office.

"To the Right Honourable the Lords now assembled in Parliament.

"The humble Petition of Sir Richard Young,

"Humbly informeth your good Lordships,

"That, upon Monday last, being the 12th of this Instant December, your Petitioner received from Mr. Mynn a Copy of a Petition exhibited unto your Lordships by him, and a Copy of your Order thereupon made, requiring your Petitioner to attend your Lordships within Six Days after Sight thereof.

"To which he humbly maketh this Answer: That an Assize being brought against him by Mr. Mynn, in the King's Bench, for the Office of the Clerk of the Hanaper, it pleased the Lord General the Earl of Essex, this Parliament, to move this Honourable House, in Favour of your Petitioner, That, because the answering of that Suit would withdraw your Petitioner from his Personal Attendance upon His Majesty, being then (as now he is) in his Quarter waiting upon His Majesty, as bound thereunto by his Oath, it pleased this Honourable House to grant your Petitioner the Privilege of Parliament, being His Majesty's Servant in ordinary, to free him from answering and attending to the said Suit; divers of the Lords having delivered their Opinions, That, in Time of Parliament, such Privilege was never denied to any of the King's Servants in ordinary; and, by that Power derived from your Lordships, your Petitioner hath not since been molested by the said Mr. Minn.

"That your Petitioner hath many Precedents, made in this and in former Parliaments, of such Privileges granted, which are at this Time in the Hands of his Lawyers, who are now all out of this Town.

"Your Petitioner humbly beseecheth your good Lordships to continue this Privilege unto him; and shall, as by Duty bound, ever pray for your Lordships.

"Ri. Yonge."