House of Lords Journal Volume 5: 27 January 1643

DIE Veneris, 27 die Januarii.

PRAYERS.

Earl of Manchester, Speaker this Day.

Sir T. Dawes's Brother to attend his Bill.

Ordered, That Sir Tho. Dawes's Brother shall have Liberty to come to the Committee for the Bill concerning Sir Tho. Dawes, when the said Committee sits, without Arrests or Molestation.

Lady Mountague to be protected.

The House being informed, "That the Lady Viscountess Mountague hath had all her Horses taken from her, to the Value of a Thousand Pounds, and is daily threatened to have her House broken open, and her Goods taken away; that she hath the Protection of the Lord General and Sir Wm. Waller, and yet a Cornet of Sir Michaell Livesey took away her Horses:" Hereupon the House Ordered, That the said Lady Mountague shall (fn. 1) have the Protection of this House, for the Security of her Person and her (fn. 2) House; and that the Business shall be enquired after, and the Lord General to be sent to, and made acquainted with the ill Carriage of the said Cornet.

Lady Delawar, D°.

Ordered, That the Lady De la Ware shall have a Protection of this House, for her Person and House to be free from Molestation and Plundering.

Chaplain at St. James's, a Pass.

Ordered, That the Chaplain that attends at St. James's House shall have a Pass, to go to Windsor.

Orders from the H. C. for the Lords Concurrence.

Next, these Orders, which came Yesterday from the House of Commons, were read.

1. An Order for Somersetshire Men to have their Contribution-money already gathered, for Maintenance of the Forces raised there. (Here enter it.)

Agreed to.

2. An Order to assess Malignants, and such as refuse to contribute upon the Propositions, in Som'setshire. (Here enter it.)

Agreed to.

3. An Order, prohibiting the carrying any Thing to Oxford, as Money, Ammunition, Letters, &c.

Ordered, To be committed to these Lords following:

Any Three of (fn. 3) their Lordships to meet at Three of the Clock this Afternoon.

Message from the H. C. for Expedition to the Bill against scandalous Ministers;

A Message was brought from the House of Commons, by Mr. Glynn; which consisted of divers Particulars:

1. To desire their Lordships to give Expedition to the Bill against scandalous Ministers, that it may go along with the Propositions.

about the Alterations in the Propositions;

2. To let their Lordships know, That the House of Commons do agree with their Lordships in the Alteration in the Conclusion to the Propositions.

for the Earl of Holland to appoint Captains of The Tower Hamlet Trained Bands;

3. They desire their Lordships Concurrence in this Order, "That the Earl of Holland be desired to grant Commissions to Mr. Francis Zaccary for White Chappell, Mr. Nathaniell Tilley for St. Leonard Shoreditch, Mr. Rob't Welding for Hackney, Mr. Willoughby for Ratcliffe, Mr. Abraham Woodroffe for Wapping, and Mr. Robert Hakewell for Lymehouse, to be Captains of the several Companies of the Trained Bands belonging to The Tower, to be a Regiment under the Command of the Lieutenant of The Tower."

Ordered, That the Earl of Holland shall give Commissions according to this Order.

and that Mr. Chichley may be detained in Custody.

(fn. 4) 4. That the House of Commons are informed, that one Mr. Chichley is (fn. 5) in the Custody of the Gentleman Usher; they desire he may not be released until their Lordships do hear from them.

The Answer returned was:

Answer.

That this House will take the Bill against scandalous Ministers into Consideration, and give Expedition therein; and that their Lordships have desired the Earl of Holland to give Commissions to the Persons they have desired to be Captains of the Trained Bands belonging to The Tower; and then he acquainted them with the Business concerning Mr. Chicheley.

Committee to attend the King with the Propositions.

Then the House took into Consideration what Lords to send with the Propositions to the King; and the House Resolved, To send Four Lords, and to desire the House of Commons to appoint a proportionable Number of their House, to go with the Lords; and that (fn. 5) a Messenger, videlicet, Sir Peter Killegrew, shall be sent with a Trumpeter to the King, to procure a Safe Conduct for the Members of both Houses, that they may go and return in Safety.

The Earl of Northumb.
The Earl of Pembrooke,
The Earl of Sarum,
The Earl of Holland,

Were nominated, and Ordered, by this House, to go with the Propositions to the King.

Message to the H. C. for them to appoint a Committee to go with them.

Then a Message was sent to the House of Commons, by Mr. Serjeant Whitfeild and Mr. Serjeant Glanvile:

To let them know, That this House hath nominated Four Lords, to go with the Propositions to the King; and to desire that the House of Commons would nominate a proportionable Number of their House, to go along with them; and that they would return their Names, that so they may be sent to Oxford, to be inserted in the Safe Conduct.

The Speaker to write to the King's Secretary, for a Pass for them.

Ordered, That the Speaker shall write a Letter to the Lord Viscount Falkland, Principal Secretary to His Majesty, to procure a Safe Conduct.

The Messengers return with this Answer:

Answer from the H. C.

That the House of Commons will send an Answer, by Messengers of their own, presently.

No Copies to be delivered of the Propositions, till they have been presented.

Ordered, That no Copies of the Proposition to the King shall be delivered to any Person, until they have been presented to the King.

A Message was brought from the House of Commons, by Sir John Evelyn:

Committee of the H. C. to attend the King with them.

To acquaint their Lordships, That the House of Commons have nominated,

The Lord Wenman,
Lord Dungarvan,
Sir Wm. Litton,
Sir John Holland,
Mr. Whitlocke,
Mr. Winwood,
Mr. Pierpointe,
Mr. Waller.

Sir Peter Killegrew, a Pass.

Ordered, That Sir Peter Killegrew shall have a Pass, to go to Oxford, with a Trumpeter and One Servant, and Horses for them.

Ordered, That the Committee for the Bill against scandalous Ministers shall meet this Afternoon, at Three of the Clock.

Ordinance for Somersetshire Men to have their own Contribution money already raised, for Maintenance of the Forces raised there.

"Whereas His Majesty, by the Advice and Instigation of a wicked Council about His Person, hath raised Forces against the Parliament, and hath actually made War against His Great Council and His good Subjects of the Kingdom, which Forces, so raised by His Majesty, for the most Part are consisting of Papists, notorious Delinquents, and other malignant Persons, by whom the well-affected of this Kingdom are ruinated in their Estates, and divers Outrages committed upon their Persons; and forasmuch as Sir Ralph Hopton, and his Adherents, Rebels and Traitors, combining together in Pursuance of this most horrid, wicked, and unnatural Design, hath levied divers Forces in the County of Cornwall, and in a Warlike Manner already entered into the County of Devon, and besieged, robbed, spoiled, plundered, and pillaged, divers Towns and Places in the said County, and divers Rapes, Murders, and other Misdemeanors, have acted and committed upon divers of His Majesty's good Subjects there, and many of them hath utterly destroyed; and forasmuch as that now Ruin and Distraction is threatened, not only by that hellish and accursed Crew, but also by the Welch and other Forces raised by His Majesty, and in His Name, to the County of Som'sett, and other the adjacent Counties; the said Counties also being in Danger by the Invasion of a Foreign Enemy: For Prevention whereof, amongst other the said Counties, the well-affected and good Subjects in the said County of Som'sett, for Defence of themselves and the Western Parts, against all such their Enemies, Rebels, and Traitors, having associated themselves, and raised divers Forces, both of Horse and Foot, which must be maintained upon the Public Charge; the Lords and Commons assembled in Parliament do Order, Declare, and Ordain, That the Receivers for the Subscriptions appointed for the County of Som'sett, upon the Propositions for raising of Horse, Money, and Plate, for the Defence of the King, Kingdom, and Parliament, and all Collectors, Sub-collectors, and others intrusted for the Levying and Receiving of the said Collections and the said Propositions, in and for the said County of Sumersett, shall forthwith pay in all such Sum and Sums of Money as by them, or any of them, hath been collected and received, and not paid in to the Treasurers in London, according to the said Ordinance, for the Propositions as aforesaid, unto John Ash Esquire, and Roger Hill of Taunton Gentleman, Treasurers, hereby appointed to receive the said Sums so raised and levied as aforesaid, to be employed to the Uses and Purposes limited and appointed by the said Ordinance for Subscriptions upon the said Propositions, and to no other Use, Intent, or Purpose; and that the said Monies, so subscribed, raised, and gathered as aforesaid, shall not be issued out by the said Treasurers hereby appointed, but by Warrant to them made by the Right Honourable the now Earl of Stamford, Sir John Horner, Sir Thomas Roth, Sir Francis Popham, Alexander Popham, Hugh Rogers, Christopher Walker, Wm. Strode, Richard Cole, John Francis, John Harington, John Hippesley, James Ash, John Ash, John Pym, Henry Samford, William Seaborne, Thomas Hippesley, Henry Henley, John Preston, William Long, or any Three or more of them, under their Hands and Seals, limit, appoint, and declare (fn. 6); and that the Warrant or Warrants of the Persons aforesaid, or any Three or more of them, in Manner as aforesaid, for the issuing out of the said Monies, together with the Acquittance or Acquittances from the Person or Persons which shall be appointed by the Persons aforesaid, or any Three or more of them, for the Receipt of the said Sum or Sums of Money, according to this Ordinance, shall be a sufficient Discharge to the Treasurers hereby named for so much as shall be in such Acquittance or Acquittances, for the Issuing out and Payment of the said Sum or Sums of Money respectively; and that the Treasurers shall not at all pay any Sum or Sums of Money to be by them received, upon any other Direction, Warrant, or Command whatsoever: And further it is Ordered and Declared, That the said Receivers appointed by virtue of the said Ordinance for the Propositions, who were thereby required to pay, or cause to be paid, the said Monies by them received, to the Treasurers in London named in the said Propositions, for so much of the said Monies as they shall pay to the Treasurers hereby nominated and appointed for the County of Somersett as aforesaid, having their or either of their respective Acquittance or Acquittances, shall be discharged, any Act or Thing heretofore made to the contrary notwithstanding.

"Provided, that this Ordinance shall not extend to impeach or diminish any Order or Ordinance of both Houses of Parliament formerly made, for disposing of any of the said Monies, or other Orders made to the Town of Taunton, or other Place in the said County of Somersett, having thereby obtained an Allowance for Fortifications out of their own respective Subscriptions and Contributions upon the said Propositions."

Ordinance to assess the Malignants in Somersetshire.

"Whereas Sir Ralph Hopton, and his Adherents, Rebels and Traitors, combining together, hath levied War against the Parliament, and hath, in a Warlike Manner, already entered into the County of Devon, and besieged, robbed, spoiled, plundered, and pillaged, divers Towns and Places in the said County, and divers cruel and barbarous Murders, Rapes, and other notorious Outrages, hath committed and done, in the said County, upon divers of His Majesty's good Subjects, and many of them hath utterly ruined and destroyed; and forasmuch as the like Danger and Destruction is threatened to the County of Som'sett, by the said Rebels and Traitors, who have a great Party in the said County of Som'sett, that are Persons ill-affected: It is therefore Ordered and Ordained, by the Lords and Commons assembled in Parliament, and by the Authority of the same, That Sir John Horner, Sir Francis Popham, Sir Thomas Wroth, Sir George Farwell, Knights, Alexander Popham, Hugh Rogers, Christo. Walker, John Harrington, John Hippesley, John Francis, Richard Cole, William Strode, John Pyne, Henry Henley, John Preston, James Ash, John Ash, Henry Stamford, William Seaborne, Tho. Hippesley, and William Long, Esquires, or any Three or more of them, or any Three or more of such honest, able, and sufficient (fn. 7) Men, as any Three or more of the Persons aforementioned shall, by their Warrants under (fn. 8) their Hands, nominate and appoint Assessors, shall assess, rate, and charge such Person and Persons, Inhabitants or others, residing and abiding in the said County, as are of Ability, and have not contributed to the Propositions for the raising of Horse, Money, or Plate, for the Defence of the King and Parliament, formerly agreed upon by both Houses of Parliament, and other such as have contributed, but not according to their Abilities, to pay such Sum or Sums of Money, according to their Estates, as the said Assessors, or any Three of them, shall think fit and reasonable, so as the same exceed not the Twentieth Part of their Estates; and if any Person so assessed shall refuse to pay the Money so to be assessed upon him, in such Manner, and at such Times and Places, as by the said Assessors, or any Three of them, shall be required and appointed, it shall be lawful to and for the said Assessors abovenamed, or any Three of them, to grant Warrants to any Person or Persons, under their Hands and Seals, to levy all and every such Sum or Sums so assessed, by Way of Distress and Sale of the Goods of such Person or Persons so assessed and refusing, and restoring the Overplus, if any shall [ (fn. 9) be over, to him or] them that shall be so distrained, if any shall be; and if any Person so distrained shall make Resistance, it shall be lawful to and for the said Assessors abovenamed, or any Three of them, by their Warrant, to require the Parliament's Forces in those Parts, and all other His Majesty's Officers and good Subjects, to be aiding and assisting in the Premises; the said Sum so assessed and levied to be paid unto John Ash Esquire, and Roger Hill of Taunton Gentleman, Treasurers, hereby appointed to receive the said Sums so to be raised and levied as aforesaid; and that the Money so raised shall not be issued out but by Warrant to the said Treasurers, under the Hands of Three or more of the said Assessors abovementioned; and such Person or Persons as shall be notoriously refractory and disobedient in the Premises, or have not sufficient

to be taken, it shall be lawful for the Assessors abovenamed, or any Two of them, by their Warrant under their Hands and Seals, to commit him or them to some common Gaol, there to remain until Payment be made of such Sum or Sums of Money upon him or them so assessed, or to send them up to the Parliament by Ship or otherwise; and for any Act or Thing done, or to be done, according to the Tenor of this Ordinance, they, and every of them beforenamed, and all and every other Person or Persons by them employed in the Execution of this said Ordinance, shall be saved harmless, by Authority of both Houses of Parliament."

Adjourn.

House adjourned till 10^a cras.