House of Lords Journal Volume 6
10 May 1643

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History of Parliament Trust

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1767-1830

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38, 39, 40, 41

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'House of Lords Journal Volume 6: 10 May 1643', Journal of the House of Lords: volume 6: 1643 (1767-1830), pp. 38-41. URL: http://www.british-history.ac.uk/report.aspx?compid=37242 Date accessed: 16 September 2014.


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Contents

DIE Mercurii, 10 die Maii.

PRAYERS.

Earl of Manchester, Speaker.

Sutton Marsh.

Ordered, That whereas the Rents of Sutton Marsh are to be received by, and deposited in the Hands of, Sir Jarvais Scroope, and Sir John Jacob, Knights; in regard that the said Sir Jarvais Scroope is a Servant of the Duke of Richmond, the said Rents shall be received only by Sir John Jacob, and Sir Jarvais Scroope discharged from that Trust.

Ed. Howard Eser. Horses to France.

Ordered, That the Lord Howard of Est. shall have a Pass, to send Two Nags into France, to his Son there.

Serj. Clarke's Sons, a Pass.

Ordered, That Two Sons of Serjeant Clarke shall have a Pass, to travel into France.

Orders from the H. C. for Concurrence.

The Order formerly brought from the House of Commons, concerning the seizing of Mosley's Estate, in Manchester, (fn. *) was read, and agreed to. (Here enter it.)

Next, the Order for making Mr. Squibb Clerk of the Pell was read, and agreed to. (Here enter it.)

Vandamm's Petition.

Ordered, That the Petition of Samuell Vandamm, of London, Dyer, is hereby referred to Mr. Justice Reeves, who is to report the same to this House.

Lord Great Chamberlain's Horses protected.

Ordered, That the Lord Great Chamberlain shall have a Protection, for Six Coach-horses, and Two Saddlenags.

Mr. Cary, a Pass.

Ordered, That Mr. Cary shall have a Pass, to return to Oxford, with Three Servants, Three Horses, and Thirty Pounds in Money.

Mr. May's Mare to be restored.

Ordered, That Bulmer, that keeps Mr. Maye's Mare from him, shall be sent for, to appear before this House, to answer the same.

Ld. Coventry, &c. a Pass to France.

Ordered, That the Lord Coventry, with Six Servants, shall have a Pass, to travel into France, for his Health.

Orders from the H. C. for Concurrence.

An Order formerly brought up from the House of Commons, to (fn. *) pay to Samuell Gardner, Mayor of Evesham, One Thousand Pounds, was read, and Agreed to. (Here enter it.)

An Order for appointing all those that were named Commissioners in the Bill of Four Hundred Thousand Pounds, for the County of Suffolke, be named Committees to put in Execution all the Ordinances for raising Monies in the said County, was read, and Agreed to. (Here enter it.)

Next, the Order for Taking of Horses, for the Supply of the Army, was read, and Agreed to. (Here enter it.)

Ordered, That this Order shall be printed and published.

Sequestration of St. Botolph's, from Mr. Rogers; and St. Mary, Bermondsey, from Dr. Paske.

Ordered, That this House will hear the Witnesses against Mr. Nehemiah Rogers, Rector of the Profits of the Church of St. Buttolph's (fn. *) without Bishopsgate; and the Charge against Doctor Paske, Doctor in Divinity, Parson of St. Mary Magdalens, Bermonsey, in the County of Surrey, shall be heard on Tuesday next, at which Time the Witnesses shall have Notice to attend this House.

Maidstone, from Mr. Barrell.

Ordered, That the Charge against Rob't Barrell, Curate of the Church of Maidston, in Kent, shall be heard on Friday next come Sevennight; at which Time the Witnesses are to attend.

Mr. King, to receive Lady Carr's Rents.

Ordered, That Mr. Kinge shall be hereby enabled to receive the Rents and Profits of the Lands which appertain to the Lady Carr.

Message from the H. C. about the Treaty with the Scots, concerning their Army in Ireland;

A Message was brought from the House of Commons, by Sir Wm. Armyn, Baronet:

1. He brought up the Articles concerning the Treaty with the Scotts, concerning the Scotch Army in Ireland, which have not been presented to His Majesty for His Consent to them since the Alterations were made; therefore the House of Commons desires their Lordships would join with them, in sending a Messenger forthwith to the King, with a Letter to the Lord Chief Justice Bankes, to desire him to get the King's Allowance to them.

and with Orders for Concurrence.

2. They desire their Lordships Concurrence in sundry Orders.

Taylor, a Protection for his House.

Ordered, That Mr. Henry Taylor shall have a Protection for his House, to preserve it and his Goods and Writings (fn. †) from Plundering and Spoiling.

The Orders from the H. C.

Next, an Order now brought up from the House of Commons, That Colonel Malevory shall be authorized to levy a Troop of Horse, for the Service in the North. (Here enter it.)

Agreed to.

Next, an Order was read, concerning the Taxing and Assessment of the Borough of Southwarke, &c. (Here enter it.)

Agreed to.

Next, an Order was read, concerning the putting the Ordinance for the Weekly Assessment into Execution. (Here enter it.)

Agreed to.

An Order for adding some Persons in the County of Kent to the Committee for seizing the Estates of Delinquents. (Here enter it.)

Agreed to.

The Answer returned was:

Answer to them.

That this House agrees to the Orders now brought up; and concerning the sending the Articles concerning the Scotts Army in Ireland, this House will send an Answer by Messengers of their own.

Spencer, late Minister of St. Thomas, Southwark, bailed.

Upon the Petition of Benjamin Spencer Clerk, late Minister of St. Tho. Parish in Southwarke, sequestered, now Prisoner in The Fleete; humbly shewing, "That whereas it hath pleased their Lordships to grant him Thirty Pounds per Annum, out of his said Living, towards a Subsistence for himself and Seven poor Children; yet, in regard the Petitioner is still Prisoner, the Charge whereof will eat out that Allowance, therefore humbly desires that he may be bailed."

(fn. *) Which Prayer of this Petition this House was pleased to grant.

Johannes Mathew, de St. Tho. Southwarke, Tallowchandler, Nicholas Chomley Innholder, Nathaniell White Bricklayer, Henry Robinson Pinmaker, Rob't Poyntcoat Mercator Scissor, recognoverunt seipsos debere Domino Regi, et cujuslibet eorum per se, in Quatuor Centum Libris, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis, &c.

The Condition of this Recognizance, That, if Benjamin Spencer shall not depart from the Cities of London and Westm. without Leave of this House, and shall appear before this House upon Two Days after Notice given at any Time, then the said Recognizance shall be void; else to remain in Force.

Sympson, for scandalous Words against the Earl of Holland.

Ordered, That Sympson the Serjeant, that was censured by this House for speaking scandalous Words against the Earl of Holland, shall on Friday Morning next make (fn. †) his Acknowledgement of this Offence, at this Bar, at Westm. Hall; and afterwards he is to be bound to the good Behaviour, and released.

Trew and Wilson, Deer-stealers in Windsor Forest, committed.

Ordered, That Trew and Wilson, Deer-stealers in the Forest of Windsor, being formerly committed to Newgate for the same Offence, and broke Prison there, and since apprehended at Windsor, and there kept in Custody till the Pleasure of this House be further known, shall be brought again to the Prison of Newgate, there to remain during the Pleasure of this House.

Door keepers of this House relieved from the Assessment.

Ordered, That the Committee for the Weekly Payment in London shall be commanded to discharge William Wombell and Roger Melley, Waiters on the Doors of this House, from paying of the said Weekly Assessment.

Deer-stealers in Windsor Forest, sent for.

Ordered, That some Deer-stealers in the Forest of Windsor (whose Names are to be given in) shall be sent for, [ (fn. ‡) to answer] to the said Offences.

Order to redress the Abuses in taking Horses for Supply of the Army.

"The Lords and Commons now assembled in Parliament, being informed of the great Abuses in the several Counties of this Kingdom, by the Taking of Horses for the Service of the Parliament, by reason the Officers assigned for that Purpose can neither judge of the Affections nor Abilities of the People, not knowing what they have contributed, nor in what Proportion, to the Propositions; and that other Officers do suffer the Horses so taken to be sold again, and others likewise take Composition, and spare the Horses that are fit for Service; by all which Ways and Means the Countries are distasted and discouraged, the Parliament injured contrary to their Intentions, and the Service much hindered and prejudiced: It is therefore Declared and Ordained, That every Captain, or other Officer or Soldier, that hath or shall have any Commission or Order to take any Horses, within any County, that he or they respectively repair to Two of the Deputy Lieutenants, or Two of the Committees for the Propositions for raising and bringing in of Horses, Plate, and Money, being and residing in those Parts or Limits where he or they intend to take such Horses; or, if no such Deputy Lieutenants be in that Part of the County, nor any of the Committees, then to the next Two Deputy Lieutenants or Committees dwelling nearest to the Place within the said County; and that neither he nor they do take any Horses without the Directions or Privity of the said Deputy Lieutenants or Committees as aforesaid; and that every Horse, so taken as aforesaid, be marked by the Deputy Lieutenants or Committees, or Two of them, and the Captain, or other Officer or Soldier; and a Duplicate to be made and signed respectively, under the Hands of the Deputy Lieutenants or Committees as aforesaid, and the said Officer and Soldier, so employed; and therein to be entered the Parties Name from whom the Horse is so taken, the Colour of every Horse, the Number taken within that Part of the County, and the Mark set upon them; One Part of the Duplicate to be sent to the Commissary General for the Horse belonging to the Army, wherein the Lord General may receive upon all Occasions an Account, the other to remain with the said Deputy Lieutenants, or Committees; and, if any Officer or Soldier shall do any Act in any County otherwise than is here expressed, the Deputy Lieutenants, or any One of them, shall then have Power to stay the said Horses otherwise taken, and also apprehend the Officer or Soldier, and bring them to the Parliament or the Lord General, that he or they may be proceeded against as Contemners of the Orders of Parliament, and Abusers of the Country, and Disturbers of the Peace thereof."

Order to seize the Effects of Messrs. Mosley of Manchester, for opposing the Parliament.

"Whereas Francis Mosley, of Maunchester, in the County of Lancaster, Gentleman, and Nicholas Mosley his Son, are now in actual Rebellion against the King and Parliament, and have been great Promoters of the present Distractions of that County: The Lords and Commons do hereby Order and Declare, That Mr. Thomas Stones, Mr. Thomas Browne, Mr. William Barton, Mr. Thomas Markland, and Mr. James Wainwright, or any Three of them, formerly appointed by Warrant from the Committee for the Safety of the Kingdom (to receive such Monies as by that Warrant is assigned for the Relief of that County of Lancaster), shall have full Power and Authority, by searching and examining the Books of such Persons as are known to have dealt for them the said Francis and Nicholas Mosley, or by any other good Ways and Means, to find out, seize, and take into their Possession, all the Monies, Goods, Debts, Bills, Bonds, or any other Specialties for Money, they can find, in or about the City of London, belonging to them the said Francis and Nicholas Mosley; and all their Creditors, Factors, or other Persons who have in their Hands any Part of the said Francis and Nicho's Mosley, are hereby commanded and required to deliver them into the Hands of them, the said Thomas Stones, Tho. Browne, Wm. Barton, Thomas Markland, and James Wainwright, or any Three of them, who are to receive them, according to their full Value, in Part of Satisfaction of the said Warrant, and to dispose thereof for the Service of the said County of Lancaster, according to the same Warrant; and all Persons are hereby fully discharged of all such Monies, Goods, Bills, Bonds, or other Specialties, belonging to the said Francis and Nich. Mosley, which they shall so deliver to the Parties for the Use abovesaid, who are hereby required to make Duplicates of Rolls of all such Goods, Monies, or other Things they shall take or receive by virtue of this Ordinance, that so they may give a speedy Accompt of the same unto the Parliament, that so, if there happen to be any Overplus above what is due upon the same Warrant, it may be disposed of as they shall appoint; and whatsoever any Person shall do in Pursuance of this Ordinance, they shall be saved harmless, by the Authority of both Houses of Parliament."

Col. Malverer to raise a Troopof Horse in the North.

"Whereas his Excellency the Earl of Essex hath granted his Commission, under his Hand and Seal, bearing Date the 11th Day of March, 1642, thereby authorizing James Mauleverer, Colonel, to levy and raise a Regiment of Harquebussiers, in the County of Yorke, or elsewhere, to be employed for the Defence of the Northern Parts; and whereas the said Colonel Mauleverer is now, according to his said Commission, raising the said Regiment, consisting of Eight Troops, videlicet, Sixty-three Horse to every Troop, which, according to the Rate of Ten Pounds for every Horse, will amount unto Six Hundred Thirty-five Pounds a Troop, in all Five Thousand Forty Pounds, besides Two Thousand Nine Hundred and Fourteen Pounds for Advance-monies, and Two Thousand Five Hundred and Twenty Pounds for Arms, in toto Ten Thousand Four Hundred Seventy-four Pounds: And, for the better and more speedy effecting thereof, he, the said Colonel, doth humbly desire he may have an Ordinance of both Houses of Parliament; and that he may have Allowances of Pay, for all his Officers of every Troop, from the First of this Instant May; and also for every Troop of Horse, after they shall respectively have mustered Forty Horses of every Troop, to be viewed by any such Commissary as by both Houses of Parliament shall be appointed, together with Four Shillings Eight Pence per Diem, to every Captain for his Waggon; and that, by the said Ordinance, he may be armed with Power for compleating of the said Regiment, to take Horses and Arms from any Papists, or other Malignants, as the House of Commons or Deputy Lieutenants, or any Two of them, residing in their respective Counties or Corporation Towns, shall declare so to be; for which Horse and Arms, so to be taken, he will be accountable to both or One of the Houses of Parliament, by Way of Defalcation.

"Whereas it is Ordered, by the Lords and Commons in Parliament assembled, That the said Colonel Mauleverer, his Executors, Administrators, Assigns, and all and every other Person or Persons whatsoever, that shall lend or disburse any Sum or Sums of Monies, Part of the aforesaid Sums, or advance (fn. *) any Horse or Arms towards the raising and compleating of the said Regiment of Horse, shall have the Public Faith of the Kingdom for the Re-payment of all and every such Sum or Sums of Monies so by him or them or any of them disbursed, or to be disbursed, and laid forth, for the Service (fn. †) aforesaid, with Interest for the same; he making a just Accompt of all the said Monies, Horse, Arms, and other Goods, so disbursed and received, in and about this Public Service, unto the House of Commons, or unto such Person or Persons as they shall appoint to receive and take the said Accompt:

It is now Ordered, by the Lords and Commons in this present Parliament assembled, That the several Persons appointed by the Ordinance of the Third of this Instant May, and instructed for the bringing, out of divers Counties therein mentioned, perfect and speedy Accompts of the Weekly Assessments towards the Maintenance of the Army, do also use their best Endeavours for the Discovery and Findingout of all other Monies levied, or to be levied, and collected, by any Act of Parliament or Ordinance, either by Way of Subsidy, or of Loan or Contribution, for England or Ireland, which have not been brought into the Treasurers Hands appointed by such Acts or Ordinances to receive the same; and particularly such Monies as are yet uncollected, or not brought in, upon the Act for a speedy Contribution towards the Relief of Ireland, and an Ordinance of the Lords and Commons of the 30th of January last, for a new Loan and Contribution for the same Purpose; and that they receive certain Information of such Money, either from the Commissioners, Sheriffs, Collectors, or other Persons employed therein, (fn. ‡) and do take Course that the same be duly and speedily levied, and paid to the respective Treasurers or Receivers aforesaid; and have Power to send for the Collectors and Sub-collectors within their several Counties, for the speedy effecting thereof."

Committee appointed to raise Monies in Suffolk.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That all those that were named Commissioners, in the Bill of Four Hundred Thousand Pounds, for the County of Suffolke, be named Committees, to put in Execution all the Ordinances for the raising Monies in the said County."

Order for the Weekly Assessment in Southwark.

"Whereas, by the Ordinance of Parliament for the speedy raising and levying of Money, for the Maintenance of the Army raised by the Parliament, and other great Affairs of the Commonwealth, by a Weekly Assessment, it is Ordained, among other Things, That the Weekly Sum of Three Hundred Pounds shall be charged, rated, taxed, and levied, upon the Borough of Southwarke, the Parishes of Redrith, Newington Butts, and Lambeth, as by the said Ordinance may appear, which Sum of Three Hundred Pounds (fn. *) is since reduced to Two Hundred Pounds, and because, in common Account, the Liberty of Clinke, and the Bancks-side Limit, in the Parish of St. Saviours, and the Parish of St. Mary Magdalens Bermondsey, in the County of Surrey, are reputed to be within the said Borough, and lie within the Limits of the Places in the said former Ordinances specified, the same were not in the said former Ordinance particularly named and expressly set down, whereby some Doubt hath been made whether the said Liberties of the Clinke, the Banckside, and the said Parish of St. Mary Magdalens, are within the Intent of the said former Ordinance, which occasions the retarding of the assessing and collecting of the said Weekly Assessments, to the Prejudice of the Public Affairs of the Commonwealth: The Lords and Commons do Ordain and Declare, and be it Ordained and Declared, by the Lords and Commons in this present Parliament assembled, That the said Liberty of the Clinke and the Banckside aforesaid, and the said Parish of St. Mary Magdalens Bermondsey, and every of them, at the several Times of the making of the said recited Ordinances, were, now are, and shall be reckoned and held to be, within the Intent and true Meaning of the said Ordinance; and that the said Two Hundred Pounds Weekly Assessment shall be charged, rated, taxed, and levied, upon the said Borough of Southwarke, the Parishes of Redrith, Newington Butts, and Lambeth, and upon the said Liberties of the Clinke, and the Banckside, and Parish of St. Mary Magdalens Bermondsey; and that none of the said Places or Parish shall be exempt from the same Charge, but shall every of them be contributary thereunto, as amply and fully, to all Intents, Constructions, and Purposes, as if the same and every of them had been expressed and set down by Name in the said former Ordinance; any Matter, Thing, or Cause whatsoever, to the contrary thereof, in any wise notwithstanding."

Order for Mr. Squibb to be Clerk of the Pells.

"Whereas His Majesty's Subjects, Receivers, Farmers, and Fee Farmers, and others, according to their several Grants and Letters Patents, are bound, many upon great Penalties and Forfeitures, to pay their Monies into the Receipt of His Majesty's Exchequer at Westm. and whereas divers Persons this last Hillary Term, in Discharge of their Duty, and in Pursuance of the Ordinance of the Lords and Commons in Parliament, have paid in their Monies into the said Receipt, and others have offered, but have carried back the same for Want of a Discharge by Tally, which neither those which have paid nor that offered could receive, by reason that Sir Edward Wardour Knight, and Edward Wardour Esquire, Clerk of the Pells, have not only refused to enter the Tallies according to the Course of the said Court, and as by their Oaths they ought; but, in Contempt of the Ordinance of the Lords and Commons in Parliament, have withdrawn themselves, to the great Disservice of the Commonwealth: The Lords and Commons, therefore, taking the same into their serious Consideration, do Order and appoint Arthur Squibbe the Younger, Gentleman, to execute the said Place or Office of the Clerk of the Pells during their Absence, and to do and perform all and every Act and Acts, Thing and Things, which to the said Place or Office belongeth or appertaineth, and which the said Sir Edward Wardour Knight, and Edward Wardour Esquire, or the Clerk of the Pells for the Time being, may, might, or ought to do: And the Lords and Commons do further Declare, That they will, by the Authority of both Houses of Parliament, protect and keep indemnified, not only the said Arthur Squibb, for whatsoever he shall do in Performance of this Ordinance, but also all the Officers and Ministers of His Majesty's said Receipt, and others His Majesty's Subjects, whom this may any wise concern."

Order for 1000 l. to Samuel Gardiner, advanced by him for Lord Brooke's Forces.

"Whereas Samuell Gardiner Gentleman, Mayor of the Borough of Evesham, in the County (fn. *) of Worcester, out of his good Affection to the Public Service, upon the Sixteenth Day of January now last past, hath lent and disbursed to Robert late Lord Brooke, deceased, late General of the Forces raised in the Counties of Warwick and Stafford, for the Defence of the King, Parliament, and Kingdom, from the mischievous and bloody Designs of Papists and other ill-affected Persons, the Sum of One Thousand Pounds, for Three Months, freely, without any Interest, from the said Sixteenth Day of January last past; and hath also, in his own Person, with a Troop of Horse, raised, furnished, and maintained at his own Charge, been aiding and assisting to the said Service, and hath underwritten, and brought in upon the Propositions, One Hundred Pounds in Money, and Ten Horses, and Two Hundred and Fifty Pounds, towards the reducing of Ireland: The Lords and Commons do Declare, That the said Samuell Gardiner hath done good and acceptable Service to the Commonwealth, in all and every the Premises; and do further Ordain, That the said Sum of One Thousand Pounds, with Consideration (from this present Day) after the Rate of Eight in the Hundred, shall be re-paid to him out of the Public Stock, with all convenient Speed; and this Money to be charged by the Treasurer at Wars upon the Lord Brooke's Accompt."

Persons added to the Committee for seizing Delinquents Estates, &c. in Kent.

"It is this Day Ordered, by the Lords in Parliament, That Sir William Springate Knight, John Boys of Trappam Esquire, Sir Edward Monins Baronet, Thomas Blechynden, Thomas Westroe, Esquires, Sir John Roweth, and Mr. Thomas Plummer of Cranbrooke, be added to the Committee for seizing and sequestering the Estates of Papists and Delinquents, and for the Weekly Assessments, in the County of Kent."

Adjourn.

House adjourned till 10 a cras.

Footnotes

* Bis in Originali.
* Origin. with.
Origin. for.
* Origin. To which.
Origin. their.
Bis in Originali.
* Origin. and.
Origin. of aforesaid.
Deest in Originali.
* Deest in Originali.
* Deest in Originali.