Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Martis, 13 Decembris, 1642.
UPON the humble Petition of divers of the Inhabitants of the Parish of Strowde, near Rochester;
It is Ordered, That Mr. Walter Penrose, an orthodox Divine, and in Orders, be recommended to the Inhabitants of the said Parish to be their Lecturer: And that Mr. Man, the Minister of the said Parish, do permit him the free Use of his Pulpit wit. * * *.
London, &c. Assessment.
An Ordinance for the better and more speedy Execution of the Ordinance concerning the Assessing of Monies in London, Westminster, &c. was this Day read; and recommitted to Mr. Glyn, Mr. Browne, Mr. Purefrey, Mr. Millington.
The humble Petition of the President, Treasurer, and Governors, of the Hospital of Bridewell, London, concerning some Prisoners removed from Newgate thither, was this Day read; and nothing done upon it.
Tumults in London, in Petition for Peace.
Mr. Shute came from the Lord Mayor and the Sheriffs to present a Paper to this House, according to an Order of Yesterday to them directed, for the Inquiry of the Misdemeanors and tumultuous Carriages of divers of the Citizens, in procuring Hands to Petitions.
A farther Addition to Words and Passages formerly presented to this House, touching the tumultuous Carriage of divers ill-affected Citizens of London, and others, in promoting a Petition, under Pretence of Peace, was this Day read.
Resolved, That the present Sheriffs of the City of London, in Cases of Tumults and unlawful Assemblies, having the Power of the County, ought to raise the same, to suppress any tumultuous Meetings and Assemblies.
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Mr. Glyn, Mr. Whitlock, Mr. Prideaux, do presently repair to the Lord Mayor; and send for the City Counsel; and confer with them about the Power they have by their Charter, or otherwise, concerning the Calling of a Sessions, and inquiring after Seditions and Tumults: And consider what may be done in these Cases; and report to the House.
Proceedings against the Rioters.
Ordered, That the Justices of Peace of Middlesex be required forthwith to call a Sessions; and to inquire after the Riot and Sedition raised Yesterday by divers seditious Persons; and to proceed against them according to Law; and according as the Importance of the Business requires.
A Message from the Lords by Sir Robert Riche and Mr. Page;
The Lords are now ready to give a Meeting, at a Conference, concerning the Business desired Yesterday.
Answer returned by the same Messengers; That this House has considered their Lordships Message; and will send Answer by Messengers of their own.
Resolved, upon the Question, That Mr. Osbaldston be forthwith apprehended.
Affairs in Devon.
A Letter from Dartmouth of the Ninth of December, from Colonel Ruthen, Captain Pym, and others, relating the Taking of the High Sheriff of the County of Devon, Sir Edw. Seymour, his Son, Mr. Bassett, and others Prisoners, who are sent Prisoners to Plymouth, and there reserved as Prisoners.
And then it was moved, that a good considerable Force should be sent into those Parts: And that Mr. Holles should be desired to take upon him the Command of the Forces of those Parts; which by Mr. Speaker, he was moved unto: And he most willingly condescended unto it.
Resolved, upon the Question, That a Conference be desired, concerning the State of the County of Devon.
Resolved, upon the Question, That this Letter from Dartmouth be read at this Conference.
Resolved, That Mr. Holles shall be desired to command the Forces in the Western Parts, in Chief: And the Lords Concurrence to be desired herein.
Resolved, That my Lord General be desired to grant a Commission to Mr. Holles, to command the Forces of the Western Parts, in Chief.
The Lords Concurrence to be desired herein.
Resolved, That a Committee of Lords and Commons may recommend the State of the Western Counties unto the City; and earnestly to move them, in regard of the Importance of these Counties, to assist to the Setting forth of a considerable Strength to be sent into those Parts: And that this Letter from Dartmouth be communicated to the City.
Earl of Stamford's Commission.
A Commission from his Excellence the Earl of Essex: to Henry the Earl of Stamford, to make him Commander in Chief of the Forces raised in the several Counties of Hereford, Glocester, Salop, and Worcester, was this Day read; and, by Vote upon the Question, assented unto; and ordered to be delivered as a Head of this Conference: And to declare, That the Opinion of this House is, That this Commission is no way derogatory to the Power of the Lord Lieutenants of the several Counties.
Conference - State of Devon, &c.
Sir H. Mildmay went up to the Lords, to desire a Conference concerning the State of Devon; and to desire, that the Conference Yesterday desired may be put off till another Time.
Mr. Pym, Mr. Nicol, are appointed Managers of this Conference.
Sir H. Mildmay brings Answer, That the Lords will put off the Conference Yesterday desired, till another Time; and are ready to give a present Conference, as is desired, concerning the State of the Western Parts.
Ordinance for Bridporte.
Ordered, That the Mayor of Weymouth be required from this House, to deliver unto the Bailiffs of Bridporte in Dorsettshire, or such as they shall appoint, the three Piece of Ordnance they have or shall buy in the said Town of Weymouth: And if the Mayor shall refuse so to do, to certify his Contempt, and Neglect herein.
Money, &c. seized.
Ordered, That Mr. Rous do, To-morrow, make Report of the Monies, &c. seized in the Exchequer.
Ordered, That it be referred to the Committee for the Safety of the Kingdom, to return the Opinion this House has of Colonel Ruthen's good Service, unto him; and to encourage him to go forward; and likewise to take some Course for sending him down.
London, &c. Assessment.
Resolved, That the former Order for Re committing of the Order concerning the better and more speedy Execution of the late Ordinance of the 29° of November, concerning the Rating and Assessing of Monies, in London, Westminster, &c. be revoked: And that the House do take the same into present Consideration.
And the House accordingly took Consideration of the said Order: And it was read; and, by Vote upon the Question, assented unto; and ordered to be sent to the Lords for their Concurrence.
Mr. Pym reports the Conference with the Lords:
That the Lords do agree to all the Votes delivered at the Conference: And have appointed a Committee of Five of their House, to go with a Committee of a proportionable Number of this House, to go into London: to communicate unto the City the State of the Western Counties.
Mr. Pym, Mr. Ashe, Mr. Nicoll, Mr. Buller, Sir Jo. Northcott, Mr. Rous, Mr. Prideaux, Mr. Jo. Young, Mr. Green, Sir Jo. Bampfield;
This Committee is appointed to go into the City, with a proportionable Number of the Lords, to acquaint them with the State of the Western Parts, and with the Resolutions concerning That Business; and to recommend unto them the Consideration of enabling Mr. Holles (whom both Houses have nominated to command in Chief the Forces of the Western Parts) to go on effectually with That Business; and to sit from time to time, to consider of the better Effecting and Accommodating of That Business: And it is left unto this Committee to acquaint the City with this Business, in such Manner, and at such Time or Times, as they shall think fit.
That the Ship and Goods taken by the Crescent, and brought into Dartmouth, shall be sold by Order of the Commissioners for the Admiralty; and the Money disposed of, upon Account, for the Defence of the County of Devon; excepting such Sums thereof as shall be thought fit by the Commissioners for the Admiralty, to be bestowed upon the Ship Company.
Affairs at Bristoll.
A Letter from Bristoll, dated on Saturday last, relating that Colonel Essex had entered Bristoll, with Two thousand Men: And
It is Ordered, That Mr. Holles and Mr. Hill do prepare a Letter to be sent to the City of Bristoll, to encourage them to go on in the Defence of the said City; and to acquaint them what Order this House has taken.
Removing Prisoners, &c.
Resolved, upon the Question, That Sir F. Doddington, now a Prisoner in the Gatehouse, be forthwith removed over to Winchester House to continue a Prisoner there, during the Pleasure of this House.
Resolved, upon the Question, That Sir H. Berkeley, now a Prisoner in the Gatehouse, be forthwith removed over to Winchester House, there to remain during the Pleasure of the House.
Ordered, That the Keeper of Winchester House be required to suffer none of the Prisoners committed to his Charge to walk abroad.
Money not to be paid to Palmer.
Ordered, That Barnaby Backwell, Grasier, of Buckinghamshire, do forbear to pay any Monies unto Sir Roger Palmer, his Majesty's Cofferer, or his Assigns, until this House take farther Order.
Collectors for Purveyance.
Ordered, That the Collectors for Purveyance in the several Counties shall pay no Compositions for Purveyance for the King's Houshold, but by Directions of the Committee for the King's Revenue: And the Knights and Burgesses are hereby ordered to write Letters hereof to their several Counties: And that this Order be printed and published.
Proceedings concerning Crakenthorpe, &c.
The humble Petition of Rich. Crakenthorpe and John Musgrave, was read; shewing how they were adjudged in a Premunire at Carlile by Judge Heath, and were removed from thence to the King's Bench Bar, by Habeas Corpus, and, since their Appearance there, remanded to the Custody of Sir Hen. Fletcher, then Sheriff of the County of Cumberland, who brought them up.
It is this Day Ordered, That the said Rich. Crakenthorpe and Jo. Musgrave shall be forthwith discharged of any further Restraint or Imprisonment: And that the Bond given to the said Sheriff shall be forthwith discharged; and all further Proceedings upon the Premunire to be stayed, either against the Persons of the said Crakenthorpe and Musgrave, or against their Lands or Goods.
Ordinance of Assessment.
An Ordinance made by the Lords and Commons, in Parliament assembled, for the better and more speedy Execution of the late Ordinance of the Twenty-ninth of November, 1642.
WHEREAS, according to an Ordinance and Declaration of the Lords and Commons, assembled in Parliament, of the Twenty-ninth of November last, the Persons whose Names are subscribed, are appointed, and since approved of, by both Houses of Parliament, to be Assessors and Collectors of * * * *: It is now Ordered, by the Lords and Commons assembled in Parliament, and the said Persons are hereby required and authorized, upon the Receipt of this Order, forthwith to proceed effectually and diligently, to execute the said Ordinance, according to the Tenour thereof, in every behalf, without Omission, Favour, Dread, Malice, or any other Thing to be attempted by Them, or any of Them, to the contrary thereof. And for that End, it is farther Ordained and Declared, That the said Assessors shall hereby have Authority to call before them, as well such Persons as they shall think fit, to their Assistance, as also all or any such Persons as are to be assessed: And that the said Assessors shall appoint the said Collectors their several Divisions and Precinots, for gathering the Sums that shall be assessed; and give Notice of the Sum and Sums of Money at which every Person, in their Divisions and Precincts, shall be particularly assessed. And whereas it is expressed in the said Ordinance, "so as the Assessment exceed not the Twentieth Part of the Estates of the Persons to be assessed:" It is hereby Declared (for Prevention of all Inequality in the said Assessment), That if the said Assessors, or any Four of them, proceeding in their Assessments, according to their Judgments, and best Information, shall assess any Person above the Twentieth Part of his Estate; and that the Person so assessed doth find himself grieved with the same Sessing or Rating; That then the Party so assessed, paying One Moiety of the Sum he shall be assessed, within Six Days next after Assessment, and Notice thereof given, or left at the Dwelling House of the Party so assessed, may, during Six Days after his having paid the said Moiety as aforesaid, have Liberty, and may address himself for Remedy and Relief, unto the Persons nominated by the said Ordinance to nominate the Assessors, or any Four of them; and may tender his voluntary Oath or Protestation to such Persons, that he is over-rated, and of the true Value of his Estate, if he please: And, after due Examination and perfect Knowledge thereof had and perceived, the said Persons authorized to nominate Assessors, as aforesaid, or any Four of them, shall hereby have Power to order such Abatement of the said Assessment, according as shall appear unto them just and equal, upon the same Examination. And it is hereby farther Ordered and Declared, That the Person so assessed and sworn shall within Three Days next after the Order of Abatement in that behalf made, pay unto, or be repaid by the Treasurers who receive the other Moiety of such Assessment, such Sum or Sums of Money as by the said Order of Abatement shall be appointed: And in case the said Person so sworn and assessed, shall not pay, within the said Three Days next after Order of Abatement made, the Sum thereby ordered to be paid; That then the same Sum shall be recovered by Distress, or otherwise, as is provided in the said Ordinance of the Twenty-ninth of November last, in case the Sums assessed shall not be paid into the Guildhall, London, according to the true Meaning of the same: And if it be proved by Witnesses, or by the Party's own Confession, or other lawful Ways or Means, within Six Months after any such Oath made, that the same Person so rated and sworn was of any better or greater Estate in Lands, Goods, or other Things above specified, at the Time of the Making the said Ordinance, than the said Person, so sworn, did declare upon his said Oath; That then every Person so offending shall lose and forfeit so much lawful Money of England as he the same Person, so sworn, was first sessed at, or taxed to pay, by virtue of the Ordinance aforesaid, to be recovered by Distress or otherwise, as is provided in the said Ordinance of 29° Novembris last, in case the Sums of Money to be assessed by virtue of the said Ordinance, shall not be paid into the Guildhall, London, according to the true Meaning of the same. And it is hereby farther Ordered, and Declared, That the said Assessors and Collectors shall incur no Damage by reason of their Overvaluing the Estate of any Person assessed, or to be assessed, or receiving the same, by virtue of the Ordinance aforesaid, unless some corrupt or indirect Carriage therein shall be proved in Parliament against them.
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