House of Lords Journal Volume 11: 7 May 1663

DIE Jovis, 7 die Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir J. Packington's Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable Sir John Packington and his Trustees to sell, or otherwise to dispose of, certain Lands, for the Payment of his Debts, and raising Portions for his Younger Children."

Messages from H. C. with Bills.

A Message was brought from the House of Commons, by the Lord Herbert and others:

To return a Bill formerly sent down, concerning the Lord Marquis of Worcester's Water Engine; wherein they have made some Amendments and Alterations, and desire their Lordships Concurrence therein.

A Message was brought from the House of Commons, by the Lord Fanshawe and others; who brought up a Bill for repairing the Highways within the Counties of Hertford, Cambridge, and Huntington; to which their Lordships Concurrence is desired.

A Message was brought from the House of Commons, by Sir Thomas Tomkins and others; who brought up a Bill to enable John Robinson to sell Lands, for Payment of his Debts; wherein their Lordships Concurrence is desired.

Briscoe's Bill.

The Earl of Dorsett reported, "That the Committee have considered of the Bill concerning Ellen Brisco; wherein their Lordships have thought fit to make some Alterations and Amendments, which are offered to the Consideration of the House."

The said Alterations were read Twice.

And because it was alledged, "That the Counsel of Mrs. Browne did forget to speak of some Particulars, which are material on her Behalf:" It is ORDERED, That the Consideration of the said Bill is re-committed to the same Committee; to meet To-morrow Morning, at Eight of the Clock, to hear Counsel further. And the Lord Crewe is added to the said Committee.

ORDERED, That the Bishop of Durham and the Lord Howard of Charlt. are added to the Committee to consider of the Act for mending Highways.

Chamberlen, L. Holles' Servant, Privilege.

Upon Oath made at this Bar this Day, by Thomas Chamberlen, menial Servant to the Lord Holles: "That, upon Friday the 17th of April, 1663, as he was standing by Fuller's Rents in Holbourne, talking with one George Cooke a Draper, with whom he had formerly some Dealings, he caused him to be arrested, by Simon Pannett, Marke Sharpe, and Daniell Higgeson, Bailiffs: Whereupon the said Chamberlen told them he had a Protection, which they slighted, and dragged him into The Three Cupps in Holbourne; where being in a Room, he demanded to see what Writ or Warrant they did it by. They told him, "They were sufficient Warrant themselves," but could not produce any; so One of them run over to the Office, and fetched a Writ. In that Interim came One Haukes a Bailiff, and told him, "That he was abused; for that there was no Officer, neither was there any Writ or Warrant out against him, and that he might lawfully go away;" whereupon he demanded to go away with him. Then the said Bailiffs called for Help; and George Cooke, John Kendall, and Robert Baddum, pulled and hauled him, and drew their Swords, and cut Hawks, and struck the said Chamberlen, and by Force detained him: So he again told them, "He was a Servant to a Peer of the Realm, the Lord Holles; and that it would cost them dear if they detained him." Then the said Daniell Higgeson and Marke Sharpe answered, "They cared not a-for any Peer's Protection; especially such a one as my Lord Holles." The said Chamberlen desired then, "That he might have a Porter, to send to acquaint his Lord;" which they denied, and told him, "That if he went to plead a Protection, they would drag him to Newgate, and lay him fast enough." Then Danyell Higgeson came to him, and told him, "In regard he was protected as a Peer's Servant, that if he would give him Forty Shillings, he would set him at Liberty in Lyncolne's Inn Walks." So he concluded to give him a Piece in Gold, and gave it him. Then he carried him down Stairs, and thought it was to set him free; but he with others forced him towards New market, and laughed at him, saying, "He would protect him, but it should be in a Gaol." Then the said Chamberlen desired him, "That he would carry him to one London's House, a Bailiff near Pickadilly, that he might be civilly used; and he would give him Twenty Shillings more when he came there." And he promised he would; but on the contrary conducted him to an Alehouse in The Butchers Rowe near Temple Barr, and there sent for one Hugh Whight, John Kempe, and others; and so conducting him to The Temple Gate, they there resigned him to the said Hugh Whight, John Kemp, and others, being then in the City Liberties; who arrested him, and carried him to the aforesaid Georg Cooke's House in the City; and when he came, he told the said Hugh Whight "He had best have a Care, because he was a menial Servant to a Peer." Then he asking him, "Whether he received Wages?" He answered, "He did." He told him, "He cared not; for that it was not the First he had arrested that had a Protection, and he would do it again." Then the said Chamberlen desired "He might send to his Friends:" They told him, "It was too late; he could have no Porter." Then he desired the said George, "That he might send his Man;" whereupon he gave the Man a Letter to a Friend, intreating him to go and acquaint the Lord Holles: But the said Cooke took the Letter from his Man and broke it open: So, going to Bed about Twelve of the Clock, he wondered he had no Answer that Night. In the Morning he desired to speak with the Messenger. They told him, "He was not within." Then he desired he might send to his Brother in Westm. or to Mr. Paulin a Draper; but they would not suffer him, nor so much as let any come near; but constantly threatened they would lay an Execution on him, and carry him immediately to The Compter. At last George Cooke came and told him, "He had been with the Lord Holles; and that he would not own him;" and forced him to give him Bonds and a Judgement for what he pleased before he would release him, and kept him to that Purpose till about Six a Clock on Saturday in the Evening."

Cook, Kendall, & al. to be attached, for arresting and ill treating him.

Besides this, the Lord Holles averred openly in the House, "That the said Thomas Chamberlen was his Lordship's menial Servant."

Hereupon it is ORDERED, That the aforesaid George Cooke, John Kendall, Symon Pannett, Daniell Higgeson, Marke Sharpe, Robert Baddum, Hugh Whight and John Kempe, shall be attached by the Serjeant at Arms, and brought to this Bar as Delinquents, to answer their aforesaid high Crimes.

L. Abergaveny and Dowager Ly. Abergaveny.

Upon reading the Petition of Elizabeth Lady Dowager of Abergaveny, this Day in the House; shewing, "That she cannot have her Right and Title of Dower set out by Course of Law, in regard that George now Lord Abergaveny taketh Advantage of his Privilege of Parliament:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the whole Matter of Difference between them is hereby referred to the Consideration of the Lord Privy Seal, the Earl of North'ton, the Lord Lovelace, and the Lord Ashley, who are desired to do their uttermost Endeavours to compose and settle all Matters of Difference either in Law or Equity between them; and in case the Differences cannot be composed by their Lordships, then to state the Business, and to make Report thereof unto this House; the Lord Abergaveny publicly declaring his Consent hereunto.

And the like was done by the Lord Ashley, on the Behalf of the Lady Dowager of Abergaveny.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem crastinum, 8^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.