House of Lords Journal Volume 5: 17 January 1643

DIE Martis, videlicet, 17 die Januarii.

PRAYERS.

Earl of Manchester Speaker this Day.

Mr. Garret, formerly Ordered by the Lords to expel Mr. Davis from The Charter House, Ordered by the H. C. to re-admit him.

The House being informed, "That whereas Mr. George Garrett was desired, by Order of this House, to put into Execution an Order of the Governors of The Charter House, for Expulsion of one Captain Davies, who was convented before this House for Misdemeanors proved by Witnesses; and that, since, the said Davies hath made a Complaint to the House of Commons, whereupon the said Mr. Garrett hath received Two Orders from the House of Commons, to re-admit the said Captain Davies into his Place; concerning which Business, Mr. Garret desires their Lordships Direction:" And this House, taking the same into Consideration, Resolved, To have a Conference with the House of Commons, to give them a Narration, and inform them of this Business.

Message to the H. C. about it.

And because of the great Affairs in Agitation this Day, this House sent a Message to the House of Commons by Sir Rob't Rich and Mr. Page; to let them know, that they are informed of Two Orders of that House sent to Mr. Garrett, Master of The Charter House, to command him to re-admit one Captain Davies, who was expelled out of that Hospital, by Command of this House to put an Order of the Governors of that Hospital into Execution; and to desire that the said Orders may be suspended, until this House acquaints them with the Grounds of his Expulsion, and inform them of the Cause.

Propositions to be presented to the King.

Next, the House took into Consideration the Propositions to be presented to His Majesty.

For the better Debate whereof, this House was adjourned into a Committee during Pleasure; and First, the Preamble was debated, being the Grounds and Reasons for which the Parliament took up Arms.

And this House conceiving that some Things in it were fit to be left out, and other Expressions fit to be smothered, and to be expressed in milder Words;

This House was resumed.

Committee to consider of them.

And the House appointed these Lords following to be Committees, to consider of the said Preamble, and what is fit to be left out and altered:

Message from the H. C. to authorize the Earl of Warwick to stop the Equipment of a Fleet fitting out in the West.

A Message was brought from the House of Commons, by Mr. Wm. Strode:

To let their Lordships know, that they have received Information of a great Fleet that is preparing in Cornewall; and they desire (fn. 1) that the Earl of Warwicke may have some Power, accoding to the Ordinance brought up, to send some Ships towards the West, to prevent the Danger that may ensue by this Fleet.

Ordered, That the Resolution of this Business shall be respited, until the Earl of Warwicke returns from Chatham, who is gone to Chatham to put the Fleet into Preparation.

The Answer returned was:

Answer.

That this House will return an Answer, by Messengers of their own, in convenient Time.

The House was adjourned during Pleasure; and the Committee withdrew, to consider of the Preamble to the Propositions.

The House was resumed.

Answer from the H. C. about Captain Davis's Re-admission into The Charter House.

The Messengers sent to the House of Commons return with this Answer:

That they will respite the Orders for re-admitting of Captain Davies into his Place in The (fn. 2) Charter House, for a convenient Time.

Propositions to be presented to the King.

The Lords Committees being returned, the Earl of Holland reported the Alterations made in the Preamble to the Propositions; which being read, the Preamble was agreed to, with the Alterations.

Adjourn.

House adjourned till 3^a post meridiem.

Post meridiem.

PRAYERS.

Earl of Manchester, Speaker.

Message from the H. C. for Concurrence in Two Orders.

A Message was brought from the House of Commons, by Mr. Rouse:

To desire their Lordships Concurrence in Two Orders:

1. An Order to pay Monies to the Deputy Lieutenants of the County of Devon, and the City of Exon.

(Here enter it.)

Agreed to.

2. An Order for assessing Persons in the County of Devon, towards the Charge of the Army there. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees with the House of Commons in these Two Orders now brought up.

Propositions to be presented to the King.

Next, this House took into Consideration the Propositions for Peace; and, after some Debate, it was referred to the Committee, to consider of what Alterations is fit to be made in them, and report the same to this House.

Then the House was adjourned during Pleasure, and the Committee went into the Prince's Lodgings, to consider of them, and their Lordships returning, the House was resumed.

And it was appointed, that this Report shall be made To-morrow Morning.

Order to pay Money to the Deputy Lieutenants of Devonshire.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, in regard of the great Charge and Expence the Inhabitants of the City of Exon have been at, both in Fortification and Defence of the said City against the late Siege of the Cornish Cavaliers, as also in making further Preparation, to enable them to make Resistance, if in Case the like should be attempted hereafter, That the Treasurers nominated and appointed to receive all such Money and Plate as should be brought in for Preservation of the Public Peace, and for the Defence of the King and both Houses of Parliament, within the said City of Exon, do forthwith, and are hereby required and authorized to pay and deliver, unto the Deputy Lieutenants of the said City, or any Three or more of them, all such Money and Plate as (fn. 3) is in their Custody or Possession, and was subscribed upon the said Propositions, before the Deputy Lieutenants of the said City; and likewise all such Money and Plate, as shall hereafter be brought in upon such Propositions, and Subscriptions so made as aforesaid, shall also be delivered and paid unto the said Deputy Lieutenants, to be employed by them for the Public Use and Defence of the said City; and a Receipt, under the Hand of the said Deputy Lieutenants or any Three of them, shall be a sufficient Discharge for the said Treasurers upon their Accompts, to crave Allowance of the same, as if the same had been actually and really paid by them unto the Treasurers appointed by the said Ordinance: And the said Lords and Commons do hereby Declare their Approbation of the Service and faithful Endeavours of the Mayor, Deputy Lieutenants, and others then Inhabitants of the said City, in resisting Sir Ralph Hopton and his Forces, in their late Approaches unto the said City."

Order for assessing Persons in the County of Devon, to defray the Expences of the Army there.

"Whereas Sir Ralph Hopton, combined with divers other Malignants, hath levied War against the Parliament, and hath in a Warlike Manner entered into the County of Devon, besieged the City of Exeter, and committed divers Murders and Robberies; for the resisting and suppressing of whom, many well-affected Persons in the County of Devon and City of Exeter have raised Forces, and contributed to the Maintenance of the same: But, the Charge being too great for them alone to bear, and it being equal that others who have Part of the Benefit should bear Part of the Charge, it is therefore Ordained, by the Lords and Commons in Parliament, and by the Authority of the same, That it shall be lawful for Mr. Christopher Clarke Mayor of Exon, Sir George Chudleigh, Sir John Bampfeild, Baronets, Sir Nicholas Martin Knight, Captain William Gold, Charles Vaughan, Thomas Boone, Walter White, Tristram Arscott, Captain Richard Evans, Captain John Lovering, Samuel Clarke, and Arthur Upton, Esquires, or any Three or more of them, to assess and charge such Person or Persons, Inhabitants of the City and County of Exon, and of the County of Devon, as are of Ability, and have not contributed to the Propositions; and also such as have contributed, yet not according to their Ability, to pay such Sum or Sums of Money, according to their Estates, as the said Assessors, or any Three or more of them, shall think fit and reasonable, so as the same exceeds not the Twentieth Part of their Estates; and if any Person so assessed shall refuse to pay the Money assessed upon him, it shall be lawful to and for the said Assessors, or any Three of them, to grant Warrants to any Person or Persons to levy the said Sum so assessed, by Way of Distress and Sale of the Goods of the Person so assessed and refusing; and if any Person so distrained shall make Resistance, it shall be lawful to and for the said Assessors, or any Three of them, by their Warrant, to require the Parliament's Forces in these Parts, and all other His Majesty's Officers and good Subjects, to be aiding and assisting in the Premises; the said Sums, so assessed and levied, to be paid in to Charles Vaughan, Esquire, Treasurer appointed to receive the said Subscriptions; and that the Money so raised shall not be issued out but by Warrant to the said Treasurer, under the Hands of Three or more of the said Assessors; and such Person or Persons as shall be notoriously refractory and disobedient in the Premises, it shall be lawful for the said Assessors, or any Two of them, by their Warrant, to commit them to Prison, or to send them up to the Parliament, by Ship or otherwise; and for (fn. 4) any Act done or to be done according to the nor of this Ordinance, they and every of them herein named shall be saved harmless, by Authority of both Houses of Parliament."

Adjourn.

House adjourned till 9^a cras.