House of Lords Journal Volume 5: 4 March 1643

DIE Sabbati, videlicet, 4 die Martii.

PRAYERS.

Earl of Manchester, Speaker this Day.

The Messengers sent Yesterday to the House of Commons, with the Order concerning New England, return with this Answer:

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

Earl of Carlisle's Stables at Newmarket broke open, and his Horses taken away.

Delinquents sent for.

The Earl of Carlile acquainted this House, "That he hath had Two Stables broken up, and his Horses taken away, at Newmarket, by some Troopers; and his Lordship, being a Member of this House, holds it (fn. 1) his Duty to acquaint their Lordships with it, it being a Breach of the Privilege of Parliament." The House taking this into Consideration, (fn. 2) Ordered, That the Horses of the Earl of Carlile shall be re-delivered to the Servant of his Lordship; and that Lieutenant Whaly, Lieutenant to Captain Nelson, shall be sent for, to answer the same before this House, as a Delinquent.

University of Cambridge, a Protection.

Ordered, That the University of Cambridge shall have a Protection of this House, to prevent them from being plundered and spoiled.

Mr. Houlden's Allowance, for serving the Cure of St. Cuthbert's in Bedford.

The Earl of Bollingbrooke reported to this House, That he is informed that the Profits of Tithe belonging to the Parish of St. Cutberts, in the Town of Bedford, is worth Forty Pounds per Annum:" Hereupon this House thought it fit, that Mr. Thorpe shall allow Twenty Pounds per Annum to Mr. Houlden, who is appointed by this House for the serving of the Cure there, to be paid out of the Profits of the said Living and Tithes.

Ferrers, a Protection.

Ordered, That Mr. John Ferrers shall have a Protection, to (fn. 3) keep his House from Plundering (fn. 1) in the County of Huntingdon.

Forrest's Petition about a Filazer's Place in the Common Pleas.

Ordered, That the Petition of Captain Forrest, touching a Filazer's Place in the Common Pleas, shall be shewed to the Lord Chief Justice Banks, who is to certify this House of the true State of the Cause; and the said Forest is to examine his Witnesses here first, to prove the Trust; and Doctor Heath and Doctor Aylett, or any of them, to take the said Examinations upon Oath. (Vide the Petition.)

Branthwayt, a Pass.

Ordered, That Mr. Ric'd Branthwayte shall have a Pass, to go with Three Servants to Oxford, and to other Counties where his Occasions lie, according to the Order of this House formerly granted.

Lady Spencer, a Pass.

Ordered, That the Lady Spencer shall have a Pass, to go into Oxfordshire, and her Children and Servants, with Two Coaches.

Message from the H. C. to expedite Two Ordinances about Taunton Dean;

A Message was brought from the House of Commons, by Sir Henry Mildemaye Knight:

To desire their Lordships Expedition in Two Ordinances formerly brought, concerning Taunton Deane.

and to fit a while.

2. To desire their Lordships would please to fit a while, for they have some Business of Importance to bring up to their Lordships.

Agreed to.

Ordinances read.

The Ordinances concerning Taunton Deane were read, as followeth:

1. (fn. 4) An Order for Taunton to muster and exercise the Trained Bands and Voluntiers. (Here enter it.)

Agreed to.

2. An Order to compel Soldiers in Taunton Deane to attend their Charge, and do their Duties, &c. (Here enter it.)

Agreed to.

The Answer returned to the Messengers was:

Answer to the H. C.

That this House will fit a while, as is desired, and will send an Answer concerning the Ordinances touching Taunton Deane by Messengers of their own.

Message to the H. C. that the Lords agree to the Ordinances about Taunton Dean.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To let them know, that this House agrees with them in the Two Ordinances concerning Taunton Deane.

Mrs. Cecill, a Pass to Holland.

Ordered, That Mrs. Dorithy Cicill shall have a Pass, with her Trunks, to go for Holland.

Message from the H. C. for a Conference about the King's late Proclamation;

A Message was brought from the House of Commons, by Sir Henry Mildemay:

To desire (fn. 5) a Conference, touching the King's Proclamation concerning the associating of the Counties of Kent, Sussex, Surrey, and (fn. 6) Hampshire.

and with an Order to explain the Weekly Assessment.

2. To desire their Lordships Concurrence in an Order concerning an Explanation of some Things in the Ordinance concerning the assessing of the Weekly Supply.

The said Order was read, as followeth. (Here enter it.)

Agreed to.

The Answer returned was:

Answer to the H. C.

That their Lordships do agree with the House of Commons, to the Ordinance now brought up; and will give a present Conference, in the Painted Chamber, as is desired.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Ordered, That the Report of this Conference is deferred until Monday Morning next.

Speaker's Letter to the Ld. General, concerning the Duke of Vendosme being searched, going to Oxford.

"My Lord,

"I am commanded by the House of Peers to certify your Lordship, that they have received a Complaint from the Duke of Vandosme, that, notwithstanding an Order from this House for his Free Passage to Oxford without being molested or searched, he hath been very uncivilly used, searched with some Violence to his own and his Servants Persons: Their Lordships desire that your Excellency would take it into your Consideration, and enquire of the Truth thereof, that so the Honour of this House may be vindicated, and the Duke of Vendosme, being a Stranger, and a Person of that great Quality, may receive Reparation."

Order for Taunton to muster Trained Bands and Voluntiers.

"Whereas, by the bloody Counsels of Papists, and other ill-affected Persons, a Rebellion and Insurrection is raised in several Places of this Kingdom; and forasmuch as Sir Ralph Hopton and his Adherents, Rebels and Traitors, in the County of Cornwall, hath levied divers Forces both of Horse and Foot, and hath in a Warlike and Hostile Manner entered into the County of Devon, and besieged, robbed, spoiled, plundered, and pillaged, divers Towns and Places, in the said County of Devon, and many cruel and barbarous Murthers, Rapes, and other notorious Outrages, hath committed and done, in both the said Counties of Cornwall and Devon, upon divers of His Majesty's good Subjects, and many of them hath utterly ruined and destroyed; and forasmuch as the like is threatened to the good People of the County of Somersett, by the Rebels and Traitors, who have a great Party there, Persons notoriously ill-affected; and forasmuch as the Security of the Town of Taunton, and the Parts thereabouts, is of great Concernment to the Western Parts: The Lords and Commons now in Parliament assembled, having taken the same into their serious Considerations, do Order and Ordain, That the Mayor, Justices, and Capital Burgesses of the said Town of Taunton, or the greater Number of them, shall have Power, by virtue of this Ordinance, to call and assemble together all and singular the Person and Persons fit for the War, or to be contributary thereunto, within the Borough of Taunton aforesaid, and of the Liberties of the same, and of the Parish of St. James, Wilton, and Hilbishops, or the Liberties or Precincts of all and every of them, and all and every other Person and Persons, that shall voluntarily offer themselves to serve in and for the said Borough, Parishes, and Places aforesaid; and them, after their Abilities and Faculties, well and sufficiently from Time to Time to cause to be arrayed and weaponed; and that the said Mayor, Justices, and Capital Burgesses of the said Town of Taunton, or the greater Number of them, shall hereby have Power to nominate, appoint, and make, Captains and other Officers, and them to remove out of their Places, and to make others, from Time to Time, as they or the major Part of them shall think fit for that Purpose, who are to take the Muster of them in Places in or adjacent to the said Borough, Parishes, and Places, as by the said Mayor, Justices, and Capital Burgesses, or the greater Number of them, shall be thought meet and convenient, and directed for that Purpose; and the said Captains and other Officers all the said Persons shall train, exercise, and put in Readiness, and them to lead and conduct and employ, arrayed and weaponed, for the Defence of the said Borough, Parishes, and other Places adjacent, and for Suppression of all Rebellions, Insurrections, and Invasions, that at any Time may happen within the several and respective Places, or other Places adjacent, in such Sort and in such Manner as by the Deputy Lieutenants of the County of Somersett, or, in their Absence, by the Mayor of Taunton aforesaid for the Time being, and Roger Hill of Taunton aforesaid Gentleman, shall be thought fit, meet, and expedient; and that, for any Act or Thing done; or to be done, according to the Tenor of this Ordinance, they and every of them before named, and all and every other Person or Persons by them employed in the Execution of this Ordinance, shall be saved harmless by Authority of both Houses of Parliament."

Order to compel the Soldiers of Taunton to do their Duties.

"Whereas many of the Trained Bands and others, listed under several Captains and Officers inhabiting and abiding within the Town of Taunton, and the Parishes of St. James, Wilton, and Hillbishops, in the County of Somertsett, have neglected to make their Appearance in Arms, to do such Service, by Day and Night, within the said Town, Parish, Liberties, and other Places adjacent, as of them hath been required, being lawfully summoned thereunto, by the Beat of the Drum or otherwise, for the Defence of the said Town, Parish, and adjacent Parts: For the Prevention of the Evils which in these dangerous Times may ensue thereupon, it is Ordered, by the Lords and Commons now assembled in Parliament, That the several Captains and Officers for the said Town, Parishes aforesaid, and Places adjacent, shall have Power, by virtue of this Ordinance, to command and appoint a competent Number of the said listed Soldiers, to keep a constant Watch or Guard, both by Day and Night (as oft as by the Mayor, Justices, and Capital Burgesses of the said Town of Taunton, shall be thought fit, such as in the Discretions of the said Captains and Officers shall be thought necessary), for the Safety of the said Town; and if any Soldier, warned to give his Attendance by Drum or otherwise, refuse to appear at the Times appointed, and give Attendance on the said Service, and do their Duties according to the Directions of the said Captains or their Officers, that, for every such Default, unless they be reasonably excused, they shall forfeit and pay the Sum of Two Shillings Six Pence to the Captains and Officers then attending, who are therewith to hire others, for Discharge of the said Service; and in such Case where divers Parties are listed to One Arms, every Party shall contribute proportionably, after the Rate of Two Shillings and Six Pence, for Day and Night, for what is passed and shall be to come; and such Soldiers and others as give their Attendance on the said Guards shall, during that Occasion, be, in respect thereof, exempted from their other Attendance of Watching in the Town as Inhabitants; and in Case any shall refuse to pay the said Sum of Two Shillings Six Pence, upon any Forfeiture as aforesaid, in Contempt of this Order, that then the said Party or Parties to be committed to Prison by the Mayor and Justices, or any One of them, of the said Town, there to remain till full Payment be thereof made; and, in Case any be to find Arms for others, (fn. 7) and shall refuse to provide them, or to deliver them when and (fn. 7) as often as they shall be thereunto required, he or they shall be committed to Prison, by (fn. 7) the Mayor and Justices, or any Two of them, there to remain till he or they have done the same."

Ordinance to explain some Things in the One for the Weekly Assessment.

"Whereas it is Ordained, in the Ordinance for the Weekly Assessment, That, if any Person or Persons shall find him or themselves aggrieved, that he or they is or are over-rated, such Person or Persons, at any Time before Distress taken of his or their Goods, may complain to the respective Committees, who have executed this Ordinance within the Division or Limits where any such Person or Persons over-rated shall be assessed; which said respective Committees, or any Two of them, shall have Power, upon Examination, to relieve such Person or Persons, as they shall see Cause: Yet the true Intent and Meaning of the said Ordinance is, and it is further Ordered, by the Lords and Commons, That, if any Person or Persons so finding themselves aggrieved be such as have not formerly contributed upon the Propositions, or not proportionably to others of their Estates, nor have been rated or paid upon the Ordinance of Assessment, intituled, "An Ordinance for the assessing and rating of such as have not contributed at all, or not contributed according to the Proportion of their Estates;" then the said Parties, if they be not assessed above a proportionable Part of such Sum or Sums as other Men of their Ability have paid upon the Propositions, or have been assessed and have paid upon the said Ordinance, (fn. 8) if not exceeding the Twentieth Part, the said Rates to stand, and not to be altered: Provided nevertheless, that no Person be assessed above the Sum of Ten Pounds the Week."

Adjourn.

House adjourned till 10^a die Lunæ.