House of Lords Journal Volume 5: 15 December 1642

DIE Jovis, videlicet, 15 die Decembris.

Prayers.

Earl of Manchester, Speaker this Day.

E. of Salisbury versus Sir William Brooke.

Upon Information to this House, "That Sir Wm. Brooke hath taken away the Possession of some Land in Kent, from the Earl of Salishbury, a Member of this House, which is contrary to the Privilege of Parliament; yet, nevertheless, the Earl of Salishbury is willing, he being put in the Possession as he was before, to wave his Privilege, and stand to a Legal Trial at the Law:" Hereupon this House Ordered, That the Earl of Salishbury shall be put in the Possession of the said Land, and that the Trial of the Right thereof shall be left to due Course of Law, and, in Case any Rents have been received by Sir Wm Brooke from the Tenants, (fn. 1) the same shall be restored to the Earl of Salishbury, and the Tenants enjoined to pay no more Rent to the said Sir Wm Brooke, until it be evicted from the Earl of Salishbury by Law.

Doctors Beale, Martin, and Sterne, Petition to be released upon Bail.

Upon reading the Petition of Doctor Beale, Edward Martin, and Ric'd Sterne, Prisoners in The Tower, desiring to be released of their Imprisonment, upon Bond to appear whensoever their Lordships shall please to appoint.

Hereupon, in regard these Persons were imprisoned by the Information of the House of Commons, this House Ordered, To acquaint them with the Desire of the Petitioners.

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

Ordered, That the Report of this Conference shall be respited until some other Time.

Propositions to the King.

Ordered, That the Propositions for Peace shall be taken into Consideration To-morrow.

Conference to be had, for exempting the Members and Assistants of both Houses from the Ordinance for assessing Estates.

It was moved, "To have a Conference with the House of Commons, concerning the exempting of the Members of both Houses, and the Assistants of this House, in the Ordinance concerning the rating of Men towards the Maintenance of the Army; because, in the Ordinance, the Peers are liable to Imprisonment, which is contrary to the Privilege of Peers;" and agreed, To have a present Conference with the House of Commons.

And the

Committee to consider of it.

Do consider of an Explanation and Limitation for this Purpose.

Message to the H. C. to sit a while.

A Message was sent to the House of Commons, by Serjeant Whitfeild and Serjeant Glanvile:

To desire them to sit a while, for they shall have some Business of Consequence to come to them about.

Answer:

Answer.

That the House of Commons will sit, as is desired.

Explanation of the Ordinance for assessing Estates.

An Ordinance of Explanation of the Ordinances for assessing of Persons, the Committee reported; the which this House agreed to, and Ordered, To communicate it to the House of Commons, at a Conference. (Here enter.)

Message to the H. C. for a Conference about it.

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

To desire a present Conference, in the Painted Chamber, concerning the Ordinance touching the assessing of Men.

Answer:

Answer.

They will give a present Conference, as is desired.

Message from thence, to sit a while.

A Message was brought from the House of Commons, by Sir Peter Wentworth, Knight of the Bath:

To desire their Lordships would be pleased to sit a while, for they have some important Business to acquaint their Lordships withall.

The Answer returned was:

Answer.

That this House will sit a while, as is desired.

Message from thence, for a Conference about associating Counties in the North.

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

To desire a present Conference, concerning the associating of divers Counties in the Northern Parts of this Kingdom.

Answer returned:

Answer.

That this House will give a present Conference, as is desired, in the Painted Chamber.

Members and Assistants of both Houses exempted from the Ordinance for assessing Estates.

"Whereas several Ordinances of both Houses of Parliament, of the 29th of November last, and of the 7th and 14th of this Instant December, are passed, concerning the assessing such Persons as are of Ability, as in the said Ordinance do and may appear: It is now further Ordained and Declared, by the Lords and Commons in Parliament assembled, That the several and respective Assessors shall not assess any of the Members of either of the Houses of Parliament, or the Assistants of the House of Peers, any Thing in the preceeding forementioned Ordinances, or any of them, to the contrary notwithstanding."

To desire, at the Conference, the other Ordinances and this may be printed and published.

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

Tallcott and Johnson.

Ordered, That the Earls of Rutland, Bollingbrooke, Lord Grey, and the Lord Wharton, shall be added to the Committee concerning the Cause of Talcott and Johnson.

Conference for associating Northern Counties reported.

The Speaker reported the Effect of the Conference: "To give an Account of the Ordinance for Association of several Counties, under the Command of the Lord Grey, which this House returned to them, with an Answer, That their Lordships thought the same to be derogatory to the Honour and Command of the Lords Lieutenants of those Counties, and the Command of the Earl of Essex; which the House of Commons have taken into Consideration, and have made some Alterations therein, which now they offer to their Consideration, and desire Concurrence therein."

The Alterations were read, which this House approved of, and agreed with the House of Commons in the said Ordinance, with the Amendments. (Here enter.)

Lord Grey to be Serjeant Major of the Forces to be raised.

Ordered, That it be (fn. 2) recommended to the Lord General, to give the Lord Grey a Commission, to be Serjeant Major of the Forces to be raised in the associated Counties mentioned in the former Ordinance.

Answer to the London Petitioners.

The Answer returned by the (fn. 3) Gentleman Usher, to the Persons of London that attended with a Petition was, "That, if they came on Monday next, with a small Number, as they were appointed Yesterday, this House will consider of it."

Order for associating some Northern Counties.

"Whereas His Majesty, by the Instigation and Advice of divers about His Royal Person, hath raised Forces against the Parliament, for the most Part consisting of Papists, notorious Delinquents, and other malignant Persons, and that hereby the well-affected of the Kingdom are ruinated in their Estates, and divers Outrages committed upon their Persons: The Lords and Commons in Parliament do therefore Declare, That it is very requisite that the Counties of Leicester, Derby, Notts, Rutland, North'ton, Buckingham, Bedd. and Huntington, should enter into an Association, for the mutual Defence and Safety of each other; and that Thomas Lord Gray, Sir Edward Hartop Knight, John St. John, William Roberts, Peter Temple, William Jervase, Richard Brent, Thomas Haslerig, William Danvers, John Goodman, Symon Ridly, William Benbridge, Thomas Brudnell, Thomas Babington, Thomas Merry, Thomas Beamount, Arthur Stanley, Thomas Cotton, William Hewett, Esquires, Richard Ludlam Mayor of the Town of Leic. and William Stanley Alderman of the said Town; Sir George Gressly, Sir John Curson Knight and Baronet, Sir John Gell, Sir Edward Coke Senior, Sir Samuell Sleigh, Knights, Thomas Gresley, Francis Burdett, Christopher Harton, Francis Monday, Thomas Gell, Francis Revell, Henry Wigfall, Nathaniell Hallois, Luke Wittington, Esquires, of the County of Derby; Francis Perpoint Esquire, Sir Francis Moloneux, Baronet, Sir Francis Thornehagh, Sir Hardolph Wastney Baronet, John Hutchinson, Francis Thornebagh, George Hutchinson, Charles White, Joseph Widmorpoole, Henry St. Cheverell, John Millington Esquire, the Mayor of the Town and County of Notts. for the Time being, James Chadwick Deputy Recorder, John James and William Drewry, Aldermen of the said Town of Notts.; Thomas Salisbury, Edward Harrington, Robert Horsman, Evers Ermyn, John Osborne, Christopher Browne, Samuell Barker, and Rob't Horseman Junior, Esquires, of the County of Rutland; Sir Peter Temple, Sir William Drake, Sir John Burlace, Sir Wm. Andrews, Sir Richard Pigott, Sir Richard Ingolsby, Sir Henry Proby, Sir John Parson, Sir Thomas Sander, John Hampden, Arthur Goodwin, Edward Waller of Beckingsfeild, Esquire, Richard Winwood, Bolstrod Whittlock, Thomas Terrill, Henry Bulstrod, Richard Grenvile, Edmund West, Richard Sergeant Esquire, of the County of Buck; Edward Mountague, William Fitz-William Esquire, Sir John Dreyden, Sir Christopher Yelverton, Sir Gilbert Pickering, Zouch Tate, John Crew, Esquires, Members of the House of Commons; Sir Rowland St. John, Sir Edward Nicholls, Sir John Norwich, Sir Humfrey Orme, Sir Richard Samuell, Richard Knightly of Fawcely, Robert Mildmay, John Bernard, Edward Harby, Edward Ownly, Edward Bagshaw, John Cartwright, Phillip Hollman, Samuell Danvers, Richard Samuell, Edward Farmer, John Sawyer, John Wirley, Edward Shugburgh, Edward Hanbury, Wm. Lisle, John Blincoe, John Claypole, Francis Quarles, and John Norton, Esquires, the Mayor of the Town of North'ton for the Time being; Sir Beuchamp St. John, Sir John Burgoyne, Sir Thomas Alston, Sir Oliver Luke, Sir Samuell Luke, Sir Roger Burgoyne, Thomas Rolt, William Duncombe, James Beverly, Thomas Sadler, Samuell Browne, Humphry Monox, John Vaux, Robert Stanton, Esquires, Mr. Cator of Kempson, in the County of Bedford; Sir Wm. Armyn, Sir Thomas Cotton, Sir John Hewett, Ownslowe Winch, Torrell Joselyne, John Castle, Thomas Templer, Oliver Cromwell, James Ravencroft, Robert Bernard, Esquires, of the County of Huntingdon; shall be a Committee, to meet at such Times and Places as they shall think fit, for raising Men, Horses, Arms, and Ammunition, upon the Propositions formerly agreed on by both Houses of Parliament, or by any other Way that they shall judge convenient, for the suppressing of the present Rebellion, stirred up by malignant Persons, who desire to subvert the Happiness of this Kingdom; and shall have Power to order all Things necessary thereunto, and, upon all Occasions, to join with any other Forces raised by the same Authority; and that the Lord Gray, Son to the Earl of Stamford, having Commission from the Earl of Essex Lord General, shall command in Chief, as Major General of the Forces to be so raised, and have Power to lead and carry the said Forces to such Places as he shall think fit, and to subdue, fight with, kill, slay, and imprison, all such Persons as shall levy War without the Consent of both Houses of Parliament; and that what Money, Horses, Arms, or Ammunition, shall be contributed by any Person towards this Service, shall be secured to be re-paid, with Interest after Eight Pounds per Centum, by the Public Faith of both Houses of Parliament; upon the shewing of an Acquittance, or Certificate, under the Hands of any Four of the said Committee, for the Receipt of the said Monies, or Appraisement of the said Horses, Arms, or Ammunition; and the said Monies so brought in shall be issued forth, in every of the said Counties, by the Appointment of any Four of the Committee of the County where it shall be contributed."

Adjourn.

House adjourned till 10 ^a cras.