House of Lords Journal Volume 6: 15 November 1643

DIE Mercurii, 15 die Novembris.

PRAYERS.

Lords present:

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, was read.

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 Ordinance.

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 Resolution.

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.

"Humbly shewing,

"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 Lordships.

"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 said Assessment."

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 Twentieth Part.

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 Alteration.

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 the Petitioners.

"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. 1) 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. 2) 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."

Adjourn.

House adjourned till 5^a post meridiem.

Post meridiem.

PRAYERS.

Lords present:

Ds. Grey de Wark, Speaker.

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. 4) 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.

Adjourn.

House adjourned till 10^a, Saturday next.