Journal of the House of Lords: Volume 5, 1642-1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 14 die Decembris.
Earl of Manchester, Speaker.
Message to the H. C. for a Conference about the King's menial Servants attending him.
A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Doctor Bennett:
To desire a Conference, concerning the King's menial Servants to have Leave to go to attend the King.
The Messengers return with this Answer:
That the House of Commons will send an Answer, by Messengers of their own.
Message from thence, for this Conference;
A Message was brought from the House of Commons, by Sir Tho. Barrington, Baronet, which consisted of these Particulars:
1. That they are ready to give a Conference concerning the King's menial Servants.
and for one about a Declaration, in Answer to the King's; with Credentials for Mr. Strickland to the Prince of Orange;
2. A Conference concerning the Declaration in Answer to His Majesty's Declaration.
3. To desire Concurrence in a Letter of Credit to Mr. Strickland, to be sent to the Prince of Orange.
(Here enter it.)
and an Ordinance and Order for Concurrence.
4. An Ordinance for the better Execution of the Ordinance of the Twenty-ninth of November, 1642.
(Here enter it.)
5. An Order for apprehending of such Persons as beat up Drums for Soldiers against the Parliament. (Here enter it.)
The Answer returned to the Messengers was:
Answer to the H. C.
That this House will return an Answer by Messengers of their own.
A Message was sent to the House of Commons, by Sir Edw. Leech and Doctor Bennet:
To let them know that this House will give them a Conference To-morrow Morning, at Ten of the Clock, concerning the King's Servants and the Declaration; and that this House agrees with the House of Commons in the Orders now brought up.
Isham's Affidavit of serving Alibond with a Warrant about the Inland Post-Office.
Upon reading the Affidavit of Gregory Isham, "That he hath served Job Alibond with an Order of the Lords Committees for the Inland Letter-office, requiring him and others to bring in, and deliver to their Lordships, a particular and true Accompt of all Profits of the said Office since the Sequestration: And further this Deponent saith, That the said Job Alibond still continueth the Execution of the same Office, notwithstanding the Order of the Lords in Parliament of the 25th of November, which required him and others to deliver the Possession of the said Office to the Right Honourable the Earl of Warwicke or his Deputies; to which he, the said Alibond, hath not yielded Obedience, but still persists in the Execution of the said Office."
Jur. 14 Decembris, 1642.
Alibond sent for, for Contempt.
Upon Consideration of this Contempt of the Order of this House, it is Ordered, That the Gentleman Usher attending this House shall attach the Body of the said Job Allibond, and keep him in safe Custody, and bring him before this House To-morrow Morning, to answer the said Contempt.
Credential for Mr Strickland to the Prince of Orange.
"Your Highness may be pleased to understand by Mr. Walter Strickeland (who is employed by the Lords and Commons in the Parliament of England assembled, to negotiate some Affairs concerning this Kingdom with the Lords The States Generall) the great Desire they have to entertain all Kinds of good Correspondency with you; which he is directed more particularly to declare, and make known to your Highness, and to communicate to you a more express Notice of the present Condition of the Affairs of this State: Wherefore we are commanded, in the Name of both Houses, to desire your Highness to give him favourable Audience and Credit from Time to Time, so often as he shall have Occasion to address himself to your Highness; and rest,
"Affectionate Friends and Servants."
This Letter to be signed by both Speakers.
The Messengers return with this Answer from the House of Commons:
Answer from the H. C.
That they will give a Conference To-morrow Morning, at Ten of the Clock, concerning the King's Servants and the Declaration.
Petition from London refused, it being brought in a tumultuous Manner.
The House being informed, "That many People of the City of London are at (fn. 1) the Door, to present this House a Petition;" but, because the House was told that they came in a Multitude, their Lordships thought it fit to send them Word, by the Gentleman Usher, "That my Lords have formerly expressed their Dislike of the coming of any great Numbers to the Parliament; and they are unsatisfied with the Manner of their bringing down this Petition to them; but, if some small Number of them bring hither the Petition To-morrow, they will receive it."
Order for apprehending those who shall raise Recruits against the Parliament.
"Upon Information received, that divers ill-affected Persons to the Peace and Welfare of this Kingdom have of late, within the County of Som'sett, under Pretence of some Orders or Protections given to the Lord Pawlett of Hinton St. George, Sir Ralph Hopton, Sir John Stowell, Sir Francis Hawley, Edmund Windham Esquire, and some others, by One or both Houses of Parliament, or by the Committee of the Lords and Commons for the Safety and Defence of the Kingdom, beaten up Drums for Voluntiers and others to serve against the Parliament, and have raised Forces both of Horse and Foot for that Purpose: It is Ordered, by the Lords and Commons, That the Deputy Lieutenants, Justices of the Peace for the said County, and all Captains, Soldiers, Mayors, Bailiffs, Constables, and all and every Officer and Officers, and other Persons, and every of them, do forthwith use their best Endeavours for the apprehending of the said Person or Persons, whatsoever he or they be, that have, or shall, so beaten up any Drum or Drums, or caused the same to be done, or have or shall raise any Forces either of Horse or Foot, without special Warrant of the Parliament, or of the Earl of Essex Lord General, to him or them directed; and that they bring up all and every of them in Safe Custody to the Parliament, to answer his and their high Misdemeanors and wilful Contempt in that Behalf."
"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.
Order for executing the Ordinance for assessing Estates at One Shilling in the Pound.
"Whereas, according to an Ordinance and Declaration of the Lords and Commons assembled in Parliament, of the 29th of November last, the Persons whose Names are subscribed, 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 Tenor 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 further 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 the said Assessors shall appoint the said Collectors their several Divisions and Precincts, 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 Judgements and best Information, shall assess any Person above the Twentieth Part of his Estate, and that the Person so assessed do find himself grieved with the same Cessing or Rating, that then the Party so assessed (paying One Moiety of the same he shall be assessed at 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 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 further Ordained 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 re-paid by, (fn. 2) the Treasurers who received 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 29th 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 Parties own Confession, or other lawful Ways or Means, within Six Months after any such Oath made, that the same Persons, 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 cessed 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 29th of November 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 further Ordained and Declared, That the said Assessors and Collectors shall incur no Damage, by reason of their over-valuing the Estate of any Person assessed, or to be assessed, or recovering or receiving the same, by virtue of the Ordinance aforesaid, unless some corrupt or indirect Carriage therein shall be (fn. 3) proved in Parliament against them."
House adjourned till 4a post meridiem.
Earl of Manchester, Speaker.
Doctor Bennett's Horses restored.
Delinquents sent for.
Ordered, That the Horses of Mr. Doctor Bennett, an Assistant of this House, being seized and taken away by Colour of the Ordinance of Parliament, shall be restored to him again; and the Parties who took them away to appear here To-morrow.
Lady Dowager Spencer, Ditto.
Ordered, That the Horses of the Lady Dowager Spencer shall be restored; and the Parties that took them away are to appear To-morrow, to shew by what Warrant they took them away.
No Copies of the Ordinance for assessing Estates to be delivered.
Ordered, That no Copy of the Ordinance for rating of Persons, that passed this Morning, shall be delivered forth, until this House gives further Directions therein; and that the Copy already delivered forth to the Clerk of the Committee for that Business, (fn. 4) he shall be commanded to bring in that Order, and not to print or publish it until further Directions.
Propositions to be presented to the King.
The Earl of Northumb. reported to this House the Draught of the Preamble and Propositions drawn up by the Committee to be presented to His Majesty, which were read, in hæc verba: videlicet, (Here enter it.)
"The Committee thought it fit to distinguish between such Persons, as have been the Actors and Contrivers of these Mischiefs and ill Counsel, from such as have been misled to follow them."
Likewise his Lordship reported a Draught of a Bill for settling the Militia, which they think fit to be presented to His Majesty, being agreeable in most Things contained in the Bill offered formerly to His Majesty.
Bill for settling the Militia.
Hodie 1a et 2a vice lecta est Billa, An Act for the ordering of the Militia in the Kingdom of England and Dominion of Wales.
Ordered, That this Bill be committed to the Committee of the whole House, to be taken into Consideration To-morrow Morning.
Propositions to be presented to the King.
Next, the Propositions were severally read, and agreed to, as followeth:
The Preamble agreed to.
1. The First Proposition, this House agreed to.
Ordered, That the rest of these Propositions shall be Resolved of To-morrow Morning, before this House receives the London Petition.
Also another Bill was reported from the Committee, which that Committee thinks fit to be passed, for the Safety of the Kingdom; which was to make the Earl of Northumb. High Admiral of England, &c.
Bill for the Earl of Northumberland to be Lord High Admiral.
Hodie 1a et 2a vice lecta est Billa, An Act for the making of Algernoone Earl of Northumb. High Admiral of England, Ireland, Wales, Callis, Normandy, Gascoigne, Aquitaine, and all other His Majesty's Dominions, and General of the Navy and Sea, and for the well Ordering of the Navy.
Ordered, To be committed to the Committee of the whole House.
House adjourned till 10 a cras.