Journal of the House of Lords: Volume 6, 1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 3 die Junii.
PRAYERS, by Mr. Dr. Stanton.
Domini præsentes fuerunt:
Ds. Grey de Warke, Speaker.
Walsingham versus Baker.
Ordered, That Sir Thomas Walsingham's Cause against Sir John Baker shall be heard in this House on Friday Morning next.
Mr. Maxwell Black Rod's Assessment deferred till his Return.
Upon Information to this House, "That there are Assessments made upon James Maxwell Esquire, Gentleman Usher of the Black Rod, for his House near Charing Crosse;" and in regard he hath Leave of this House to go into Scotland about his Affairs, and intends to return very shortly: It is Ordered by this House, That no Collector shall meddle with his Goods in his House, for any Assessment, until his Return from Scotland.
Committee to consider of assessing the Peers for the Monthly Payment.
Ordered, That the former Committee appointed to consider of the Assessment of the Peers and Assistants and Attendants on this House, for the Magazine-money, shall consider of the Assessment of Peers and Assistants of this House for the Monthly Payment, for the maintaining of the Lord General's Army, and the Weekly Meal:
And the Earls of Rutland and
The Lord Grey, and
The Lord Bruce,
Are added to the said Committee.
Their Lordships to meet when they please.
Message from the H. C. with Ordinances and Orders.
A Message was brought from the House of Commons, by Mr. Greene and others;
To desire their Lordships Concurrence in divers Ordinances:
1. An Order for paying Monies to the Garrison of Portsmouth. (Here enter it.)
Read, and passed.
2. An Ordinance concerning the Advance of Monies by the Commissioners of the Customs.
3. An Order to pay to Mrs. Bastwicke One Hundred and Thirty Pounds. (Here enter it.)
4. An Order, That the Ordinance for allowing of such concealed Estates of Papists and Delinquents as shall be discovered by Sir Wm. Brereton shall continue for Two Months longer. (Here enter it.)
Read, and Agreed to.
5. An Order for regulating the disposing of Prize Goods taken at Sea. (Here enter it.)
Read, and Agreed to.
6. An Order for the Commissioners of the Great Seal to pass a Pardon to certain Prisoners that are convicted at the Sessions of London, for Petty Felonies.
7. An Ordinance of Association of Pembrooke, Caermarthen, and Cardigan Shires.
The Answer returned was:
That this House agrees in the Order concerning the Garrison of Portsmouth, the Order for Mrs. Bastwicke, the Order concerning Prize Goods, and an Order concerning Sir Wm. Brereton.
To the rest of the Particulars now brought up, their Lordships will send an Answer by Messengers of their own.
Ld. Willoughby and Colonel King.
Then the House took into Consideration the whole Business between the Lord Willoughby and Colonel Kinge; having heard the Charge of the Lord Willoughby, and the Defence of Colonel Kinge, by Counsel on both Sides.
And it was Resolved, upon the Question, That Colonel Kinge did go about in an undue Way to get Hands to this Remonstrance against the Lord Willoughby, and did disperse it.
Resolved, upon the Question, That this Remonstrance is a scandalous Remonstrance, for so much as concerns the Lord Willoughby.
Resolved, upon the Question, That Colonel Kinge did end to seize the Lord Willoughbie's own Wool.
Resolved, upon the Question, That Colonel King did seize the Horses and Cattle of the Lord Willoughby.
Resolved, upon the Question, That Colonel King opened the Lord Willoughbie's Letters, without Authority of either House of Parliament, or other superior Authority.
Judgement against Colonel King.
Upon this, the House proceeded and gave this Judgement against the said Colonel Kinge for the aforesaid Offences:
1. That Colonel Kinge shall be fined Fifty Pounds.
2. That he shall pay to the Lord Willoughby, by Way of Damages, Two Hundred Pounds.
3. That he shall stand committed to the Prison of The Fleete, during the Pleasure of this House.
4. That he shall make a Public Acknowledgement, in the Town of Boston, in the County of Lyncolne, on a Market-day, within One Month after his Releasement, in Vindication of the Lord Willoughbie's Honour.
5. That, upon his Releasement, he shall make an Acknowledgement to the Lord Willoughby.
6. That he shall acknowledge here at the Bar the Justice of the Sentence of the House against him; and that he is sorry that he hath incurred the Displeasure of the House for the same."
Ordered, That the Earl of Lyncolne and the Lord Grey of Warke are appointed to draw up a Form of the Acknowledgement that Colonel Kinge shall make at Boston, and present the same to this House.
Order for Monies to be paid to the Garrison at Portsmouth.
Whereas there is the Sum of Eight Thousand Pounds due in Arrears to the Garrison of Portsmouth, and the Forts and Castles adjacent; that is to say, Hurst, Caleshott, and South Sea Castles; and whereas there are divers Sums of Monies due in Arrear unto divers Officers of the Armies in the Parliament Service, which have undertaken to make a Discovery of divers Sums of Monies, Goods, and Personal Estate, of divers Malignants, Delinquents, and Papists, which, by Ordinances of Parliament, ought to be sequestered to the Use of the Parliament, and are concealed: It is therefore Ordained, and be it Ordained, by the Lords and Commons assembled in Parliament, That the Personal Estate of such Delinquents and Papists, within the Cities of London and Westm. and within Ten Miles of the same, not yet sequestered nor discovered, and which shall be discovered by the said Officers, unto Sir Thomas Jervois Knight, Robert Wallopp, Richard Whitehead, and William Jephson, Esquires, or any Two of them, within the Space of One Month next after the Publishing in Print of this Ordinance, shall be allowed for the Arrears for the said Garrison and Officers before-mentioned, and paid unto such Person or Persons as shall be nominated by the said Sir Thomas Jervois Knight, Robert Wallopp, Richard Whitehead, and William Jephson, Esquires, to receive the same upon Accompt; that is to say, Two Third Parts towards the Arrears of the Garrison at Portsmouth, and the other Forts before-mentioned, and One Third Part towards the Arrears of the Officers that shall make such Discovery, so as their said Arrears shall appear to amount to a greater Sum: Provided, That the said concealed Estates exceed not the Sum of Twelve Thousand Pounds; and that the said Committee, or any Person authorized by them, shall not possess themselves of the said Papists and Delinquents Estates before he or they do acquaint the Committee of Lords and Commons for Sequestrations therewith, to the End they may judge of the Delinquency of the Persons before his or their Estates be sequestered and taken away, and likewise of the Concealment."
Order for 130 l. to Mrs. Bastwicke.
It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Committee at Habberdashers Hall do pay One Hundred and Thirty Pounds arrear and due to Dr. Bastwicke, to Mrs. Bastwicke, for the Maintenance of her and her Children, and her Husband now close Prisoner in Yorkshire, out of such Monies as come in there upon the Fifth and Twentieth Part."
Sir Wm Brereton's Ordinance to continue Two Months longer.
It is this Day Ordered, by the Lords and Commons, That they consent, that the Ordinance for allowing of such concealed Estates of Papists and Delinquents as shall be discovered by Sir William Brereton himself and his Agents, shall continue for Two Months longer."
Ordinance to prevent the Embezzlement of Prizes taken by the Fleet, and concerning Payment of the Prizemoney.
Whereas both Houses of Parliament, for the better Encouragement of Mariners employed in the Service of the King and Parliament, over and above their ordinary Wages, have, by an Ordinance, given unto the said Mariners One Third Part of all such Ships and Goods as should be by them respectively taken and adjudged Prize; and whereas the Parliament hath received divers Complaints of the Abuses of several Captains and their Companies, employed, not only of their embezzling of Monies and other Goods of Value, under Pretence of Pillage, so soon as they take any Ship; but, when they bring in the said Prizes, find Excuses to neglect the Service of the State, and remain in Harbours, requiring their Thirds before such Time the said Ships and their Lading can be legally adjudged in the Court of Admiralty, and afterwards sold by the Commissioners and Collectors appointed for that Purpose, to the great Prejudice of the State: It is Ordered, by the Lords and Commons assembled in Parliament, That if any Captain, Officer, or Mariner, hath or shall at any Time hereafter, take or embezzle or purloin any Monies, Goods, or Lading whatsoever, taken in any Ship as Prize, or shall presume to break open any Trunks or Chests, or open any Packs, unless it be to visit and search them, and so carefully lock or make them up again, or shall refuse to deliver up such Ships with their entire Lading as they shall take as Prize, unto the Collectors of Prize Goods appointed by Ordinance of Parliament, or their Deputies, when they shall be required thereunto, and themselves return to their Charge, and speedily attend the Service of the State to which they are appointed, according to Instructions given them by the Lord High Admiral of England, that such Captain and Company shall not only lose their Shares of such Prizes, but suffer such other Punishment as their Offences shall demerit: And, for the Encouragement of all Owners of Shipping, Captains, and Mariners, who shall with Faithfulness discharge the Trust reposed in them, and that they may have no just Cause of Complaint, it is further Ordered, That the Collectors for Prize Goods shall, within Fifty Days next after the Adjudication of any Prize, make due Payment unto such Owners, Captains, and Companies, to whom the same shall appertain, of such Monies as shall be justly due unto them for their Thirds; no other Customs, Charges, or Duties, for Adjudication, Collection, or otherwise, being charged in their respective Thirds, than what the State itself doth rateably allow."
Order to confirm those already made, for Dr. Burges to have the Dean of St. Pauls House.
Upon the reading of the humble Petition of Mr. Dr. Burgess this Day in the House: It is Ordered, &c. That all former Orders of this House, and of the Lord Mayor and Court of Aldermen of London, and of their Sub-committee, made at Campden House, concerning the setting out, repairing, and fitting, of the Dean of Paules his House for the said Dr. Burgesses, are hereby confirmed, and shall be obeyed by all Persons according to the true Intents thereof; and the said Dr. Burgesse shall proceed in repairing and altering the said House as may be most convenient for his Use; and he is hereby authorized to enter into all and every the Rooms of the said House, and to enjoy and dispose of the same: And further, That all Persons that have any Goods there shall forthwith remove the same from thence, as they will answer the contrary to this House; any Order of any Committee to the contrary hereof notwithstanding."
House adjourned till 9a, Wednesday next.