DIE Mercurii, 15 die Novembris.
Lord Grey de Warke, Speaker.
Pettus and Aylett.
Ordered, That the Cause between Mrs. Pettus and
Ayliff, &c. shall be heard on Saturday come Sevennight.
Ordinance for raising Money for Defence of Plymouth.
The Ordinance concerning putting a Rate upon Merchandize, for Preservation of the Town of Plymouth,
Ordered, To be committed to the Consideration of
The Earl of Sarum,
Earl of Stamford,
Lord Viscount Say & Seale, and
The Lord Wharton;
Poole and Lyme to be included.
Who are to report their Opinions to this House;
and that the Towns of Poole and Lyme be
added, to take the Benefit of the said
Report concerning the Papers from the French Ambassador
The Earl of Northumb. reported, "That the Committee appointed to consider of the Paper received
from the French Ambassador do offer to the Consideration of this House what is fit to be offered to the
House of Commons at a Conference, as their Lordships Sense concerning that Paper."
The Paper was read, as followeth. (Here enter it.)
Ordered, To communicate this Paper to the House
of Commons, and to desire their Concurrence therein;
and to let them know, that this House hath taken no
Message to the H. C. for a Conference about it; and with the Abp. of Cant's Answer.
A Message was sent to the House of Commons, by
Mr. Serjeant Whitfeild and Mr. Serjeant Fynch:
To desire a Conference, in the Painted Chamber, touching a Paper received from the French Ambassador; also
to deliver to them the Archbishop of Canter's Answer to
the Impeachment against him.
E. of Middlesex's Petition, about his Assessment.
Upon reading the Petition of the Earl of Midd.
"That he hath understood, by their Lordships Directions, he is assessed by their Lordships at One Thousand Pounds for the Twentieth Part of his Estate;
which he believes their Lordships would not have
done, if the Truth of his Estate and the miserable
Condition it is reduced unto, by the unhappy Differences between His Majesty and the Parliament,
had been first represented and made known unto their
"Therefore he humbly beseeches their Lordships
to hear him concerning the Premises; and
that, in the mean Time, no Prejudice may
come to him or his Estate, by reason of the
Committee to consider of it.
Hereupon this House Ordered, That the Earl of
Pembrooke, Earl of Bollingbrooke, Lord Viscount Say &
Seale, Lord Wharton, and the Lord Hunsden, shall hear
what the Earl of Midd. can say concerning this Business, and report the same to this House; in the mean
Time, all Proceedings against him and his Estate shall
be stayed, until the Business be reported to this House,
and further Directions given therein.
Peers Servants exempted from Assessments.
Ordered, That the menial Servants of the Peers
shall be freed and exempted from the Ordinance of the
Ordinance to raise Money for Defence of Plymouth, Poole, and Lyme.
The Lord Viscount Say reported from the Committee, "That they have thought fit to offer to their Lordships Consideration some small Alteration in the Ordinance concerning Plymouth, as the adding of the
Towns of Poole and Lyme:" Which this House approved of, and Agreed to the said Ordinance with this
Sent to the H. C.
A Message was sent to the House of Commons, by
Sir Rob't Rich and Mr. Page:
To let them know, this House agrees with them in
the Ordinance concerning Plymouth with these Alterations.
Parker, Partridge, and Harper, versus Norcott.
Upon reading the Petition of John Parker, John Partridge, and Tho. Harper, Stationers, shewing, "That,
about Twelve Years since, one Laurance Norcott,
by Trade a Stocking-seller, commenced against them
an Action of Trover and Conversion, for a Press and
Printing Letters; and what the Petitioners did therein was in Pursuit of the Ordinances of the Company
of Stationers, and of a Decree made in the Court of
Star-chamber, 28 Eliz.; that, in May, 9° Caroli, the
Petitioners obtained an Injunction in the Court of
Star-chamber, for Stay of Norcott's Proceedings
in his Action; that the Lords Chief Justices, 18
October, 9° Caroli, made their Certificate of the Contempt of the said Norcott; and that the Master and
Wardens of the Company of Stationers offered to restore the said Press and Letters to Norcott; that the
said Press and Letters was kept in the Station'rs Hall,
and is ready to be delivered to the said Norcott; but
he never put in Security, according to the Order and
Certificate: And, although the said Norcott this Ten
Years hath never proceeded in the said Action, yet
he hath given Notice for a Trial this Term against
"Now, forasmuch as by Act of Parliament the
Star-chamber Court is dissolved, whereby the
Petitioners cannot have the Benefit of the
Proceedings in that Court, and the said Norcott seeks to charge the Petitioners contrary
to the said Injunction; the Petitioners humbly pray, that the Proceedings of the said
Norcott against the Petitioners may be stayed;
and that he may be ordered to take the said
Press and Letters, according to the said Orders made in the Star-chamber."
Hereupon this House Ordered, That a Copy of this
Petition shall be given to Norcott, who is to put in his
Answer to the same by this Day Sevennight; in the
mean Time, the Proceedings at Law to be stayed.
Answers from the H. C.
The Messengers return with this Answer from the
House of Commons:
That they will give a present Conference, as is desired.
The other Messengers return this Answer from the
House of Commons:
That they agree to the Alterations in the Ordinance
concerning Plymouth. (Here enter it.) And that they
have delivered the Archbishop's Answer.
Answer to the French Ambassador's Paper.
"The Lords having received from the Prince De
Harcourt, Ambassador Extraordinary in England, by
the Earl of Northumberland, a Paper in hæc verba,
&c. And having communicated it with the House of
Commons, the Lords and do therein take
Notice of, and with all due Respect and Thankfulness
acknowledge, the most affectionate Desire the King
his Master and the Queen his Mistress do express,
to contribute all Kind of Offices, to procure the Quiet
and Tranquillity of the Estate of the King of Great
Brittaine, by a good Peace; the Lords and
professing they desire nothing more than the Settlement
of such a Peace as may as well procure Honour and
Happiness to the King, as the Preservation and Security of the true Religion, Privileges of the Parliament of
England, and the just Rights and Liberties of the
Subject: And when the Prince of Harcourt shall, in
the Name and from the Crown of France, propose
any Thing to that End to the Lords and
assembled in the Parliament of England, they will then
give such Answer thereunto, as may make it most
evident they have been inforced to take up Arms for
their own just and necessary Defence; and that nothing hath been, or is, more in their Intentions and
Desires, than a Peace honourable to the King and
secure to themselves, as is before expressed."
To sit P. M.
Ordered, That this (fn. *) House shall sit at Five of the
Clock this Afternoon.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Ordinance for raising Money, for Defence of Plymouth, Poole, and Lyme.
"In regard of the great Necessity of the Town and
Port of Plymouth, and Island of St. Nicholas, and the
Towns of Poole and Eyme, and Places near adjacent,
be it Ordained, by the Lords and Commons in Parliament assembled, That where any Subsidy, Custom,
or other Duty, on the First Day of November, in the
Year of Our Lord God 1643, is or shall be laid or
imposed, by Authority or Ordinance of both Houses
of Parliament, upon any Goods, Wares, or other
Merchandizes, of what Nature, Kind, or Quality
soever, to be exported out of or imported into the
Kingdom of England, or Dominion of Wales, that
there One Tenth Part more of the Rate of the Custom, Subsidy, or Duty, now paid, or according to
the Book of Rates now by such Authority or Ordinance established, be paid and answered, over and
above the said Custom, Subsidy, or Duty, from and
after the 15th Day of November, of and from all and
every such Goods, Wares, or other Merchandize, so
to be exported or imported; that is to say, where
Ten Shillings is now paid, there hereafter shall be
paid One Shilling more, and after that Rate for more
or less, to continue till it be otherwise Ordained by
both Houses of Parliament; and to be received, collected, and taken, by Nathan Wright, Francis Lenthall, and George Henly, of London, Merchants, their
Deputy or Deputies, and by them to be paid over to
such Treasurer as shall be appointed by both Houses
of Parliament, to be employed for, in, and about the
Defence of the said Town and Port of Plymouth, and
Island, and the Towns of Poole and Eyme, and
Places near there, or adjacent, by Order of both
Houses of Parliament, or such other Persons to whom
they shall give Authority in that Behalf; and the said
Subsidy and Imposition to be paid under such Penalty
and Seizures as are established by any Ordinance or
Act now in Being, for other Customs and Subsidies already established; and the Collectors (fn. *) shall be secured
and saved harmless, by Authority of both Houses of
Parliament, in what they shall do in Execution of
the Premises: Provided always, That, as touching
this Duty hereby imposed, there be no Deduction or
Defalcation of Fifteen Pounds per Centum: And it is
further Ordered, That the Customers, Comptrollers,
and other Officers whom it may concern, in the Port
of London, and other the Out Ports, do take particular
Notice of this Ordinance; who are to pass no Entry
until the said Duty of One Tenth Part, over and
above the present Custom, be duly satisfied and paid
to the said Collectors or their Deputies, and signified
under their Hands in Writing: And be it further
Ordained, by the Authority aforesaid, That there
shall be allowed Four Pence per Pound, out of every
Twenty Shillings so paid for such Collection."
House adjourned till 5a post meridiem.
Ds. Grey de Wark, Speaker.
L. Viscount Say &
Alderman Langham's Cause.
Upon Report of the Committee for to consider of
the Petition of Alderman Langham and Limbrey, "That
both Parties have been heard by their Counsel; and
the Opinion of the Committee is, That the Petition
of Alderman Langham and others may be retained
here in this House; and that the Trial at Law shall
go on; and this House reserves the Consideration of
the Equity of the Cause, to give such Relief therein
as shall stand with Equity after the Trial at Law;
and, if this Verdict pass for the Plaintiff at the Common Law, [ (fn. †) he may] take Judgement, but shall stay
taking forth Execution until this House shall give
further Directions therein:"
All which this House Ordered accordingly.
Ordinance for Preservation of Records, &c.
Mr. Justice Reeves reported, "The Ordinance concerning the Preserving of Records and Evidences
from Plundering," with some few Amendments;
which being read, this House approved thereof, and
agreed to the said Ordinance with those Amendments;
and this House nominated the Earl of Northumb. Earl
of Lyncolne, and the Lord Viscount Say & Seale, to be
joint Committees with the House of Commons.
House adjourned till 10a, Saturday next.