House of Lords Journal Volume 8: 24 November 1646

DIE Martis, 24 die Novembris.

PRAYERS, by Mr. Good.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Gommittee for the Journal.

Ordered, That the Earl of Mulgrave and the Lord Mountague are added to the Committee for the Journal Book.

Ordinance concerning Foreign Plantations.

The Ordinance concerning Foreign Plantations, with the Amendments brought from the House of Commons, was read, and committed to these Lords following:

Any Three.

Ordinance about Maryland.

The Earl of Warwicke brought into this House an Ordinance concerning Marylande in America; which was read, and approved of, and Ordered to be sent down to the House of Commons by the next Message.

L. Cromwell, Privilege.

Upon reading the Petition of the Lord Cromwell; complaining, "That he was lately arrested, in Westm. Hall, by Thomas Arnewell the Under Sheriff of Midd. and Daniell Marwood and Thomas Gardiner, and one Wm. Moyle." (Here enter the Petition.)

Arnwell & al. sent for, for arresting him.

It is Ordered, That the Person of the Lord Cromwell, he being a Peer of this Realm, shall presently be released from his Restraint, and the Money to be restored to his Lordship again; that all the Persons that are confederate in this Business shall be summoned to appear before this House on Thursday Morning, to answer their Breach of the Privilege of Parliament, in arresting a Peer of this Land.

Letter from the Scots Commissioners, desiring a Meeting with the Committee of both Houses.

A Letter from the Scotts Commissioners, directed to the Speaker, was read; (videlicet,)

"Right Honorable,

"We did the last Weeke desire a Meetinge with the Comittee of both Houses at Derby House, where we did attend, according to the Advertisement then given to diverse of the Comittee by Mr. Frost; but there was not a full Number present: Wherefore we doe intreate your Lordship to appointe a Meeting this Afternoone at De'by House; and we remaine

Worcester house, the 24 Nov. 1646.

"Your Lordship's

"Most humble Servants,

"Loudonn. Lauderdaill.

Ch. Erskine.

"Hew Kennedy.

Ro. Barclay."

The House Ordered, That the Lords, Members of this House, that are of that Committee, shall meet this Afternoon, as is desired.

Langham & al. and Lymbrey & al.

Next, the House was adjourned into a Committee of the whole House during Pleasure, to take into Consideration the Report of the Judges, concerning the Matter referred to them between Alderman Langham, &c. and Captain Lymbrey and others.

And after a long and serious Debate;

The House was resumed.

And then the House appointed the Answer, Reasons, and Allegations of Captain John Lymbery, Arnold Breames, and John Cradock, to the Petition of Sir John Cordell Knight, John Langham Alderman of London, and others, why no Proceedings ought to be further had upon the same before this House; which was read.

And then this Question was put, "Whether to retain this Cause between Alderman Langbam and others Plaintiffs, and Captain John Lymbery and others Defendants, in this House, or not?"

And it was Resolved in the Affirmative.

Protest against retaining the Cause in this House.

Memorandum, Before the putting the aforesaid Question, the Earl of Lyncolne and the Lord Hunsdon desired Leave to enter their Dissents to this Question, in case it was carried against their Votes; which being granted, they accordingly dissented, by subscribing their Names.

"T. Lyncolne.

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Denzell Holles Esquire; who brought up divers Ordinances:

1. An Ordinance for Allowance of Seven Thousand Five Hundred and Eighty Pounds to be paid for the Maintenance of the Duke of Yarke. (Here enter it.)

Agreed to.

2. An Ordinance for Explanation of an Ordinance for Sale of the Bishops Lands, and for the better putting the same into Execution, &c.

3. An Ordinance for Five Thousand Pounds for the Yorkeshire Horse, out of the Excise, in Course.

4. To desire Concurrence in divers Ordinances for taking the Sequestrations of Delinquents into Consideration.

The Answer returned was:

Answer.

That this House agrees to the Order for the Allowance to the Duke of Yorke: To all the rest, they will send an Answer by Messengers of their own.

Covenant to he read in Church

Ordered, That Mr. Ward do read the solemn League and Covenant To-morrow, in the Abbey Church; being the Fast-day.

Dr. Harvey a Pass to the King.

Ordered, That Doctor Harvey shall * have a Pass, to go to Newcastle, to the King, or where else He is; he being Physician to His Majesty.

Order for 7580£. per Annum, for the D. of York.

"Ordered, by the Lords and Commons assembled in Parliament, That the Yearly Sum of Seven Thousand Five Hundred and Eighty Pounds be charged upon the Receipts of the Revenue, for the Maintenance and Support of the Duke of Yorke; and that the Committee of the Revenue do take effectual Care, and is hereby required, constantly and duly to pay the said Seven Thousand Five Hundred and Eighty Pounds accordingly, unto the Earl of Northumberland."

L. Cromwell's Petition, against Shergold, Arnwell, & al. for arresting him.

"To the Right Honourable the Lords in Parliament assembled.

"The humble Petition of Thomas Lord Cromwell, Baron of Owckham;

"Shewing,

"That whereas your Petitioner, being a Peer of this Realm, by the Laws of the Land and the undoubted Customs of the Kingdom, ought to have his Person freed from Arrests or Restraint, upon any Civil Actions or Attachments: Yet so it is, may it please your Lordships, one Thomas Shergald, of Hindon, in the County of Wilts, Gentleman, well knowing your Petitioner to be a Peer of this Realm, did confederate, with Thomas Arnewell the Under Sheriff of Midd. and Daniell Marwood, with Thomas Gardiner of Salisbury, to put an open Affront and Disgrace upon your Petitioner in Westm'r Hall; and did arrest and carry him Prisoner to the Under Sheriff, then fitting in the Hall: And that whereas your Petitioner having lately sold a small Estate which he had in Wiltsshire, to raise Money to pay his Composition at Gouldsmiths Hall, and to supply his great Necessities; may it please your Lordships to be informed, one William Moyle your Petitioner's late Servant, and others his Confederates, taking Encouragement by the Example of the said Shergald and Arnwell, have attached the said Money of your Petitioners in the Hands of one Mr. Robert Gall of London Merchant, and go about to condemn it in the Sheriff's Court, contrary to the Laws of the Land, and the just ancient Privilege of all Peers of this Kingdom, especially in Time of Parliament.

"Your Petitioner therefore humbly prays, your Lordships will be pleased to call the said several Parties before you, to answer their said Contempts; and that all Proceedings upon the said Attachments may be staid; and that such Punishment may be inflicted on the said Confederates, and such Reparation made to your Petitioner, as in your Wisdoms shall be found agreeable to Justice and Honour.

"And he shall pray, &c.

"Cromwell."