House of Lords Journal Volume 6: 23 December 1643

DIE Sabbati, 23 Decembris.

PRAYERS.

Lords present this Day:

Ds. Grey de Warke, Speaker this Day.

Baron Henden's Assessment.

Thomas Lyndsey this Day, upon Oath, deposed, "That he went, the 10th Day of December 1643, to the House of Mr. Baron Henden in Kent, to serve him with the Order of this House for the Assessment of the Twentieth Part; and Mr. Baron Henden being sick, a Gentleman that waits upon him in his Chamber came down from him, to know his Business; and he told the Gentleman, That he was come from the House of Peers, to give him Notice that he was assessed by the Lords in Parliament for his Twentieth Part, and delivered to him the Order of the Lords; who carried the said Order up to Baron Henden, and acquainted him therewith; and then the Gentleman came down from Mr. Baron Henden, to take this Deponent's Name, and where he lived; and said, That Mr. Baron Henden would think of it."

Hereupon this House was satisfied with this Testimony, that Mr. Baron Henden was legally served and summoned; and for the Contempt of not appearing accordingly, this House (fn. 1) Ordered, That the Committee at Haberdashers Hall shall have Liberty to proceed against him according to the Ordinance of Parliament for the Twentieth Part.

Langhorne committed to The Fleet.

Ordered, That Langhorne, now in the Custody of the Gentleman Usher, shall hereby be committed to the Prison of The Fleete, there to remain in streight Custody, until he hath submitted to the Judgement of this House, and paid the Money which he is thereby enjoined, to the Use of the Right Honourable the Lord Admiral: And this to be sufficient Warrant in that Behalf.

Order for preserving the Forest of Havering.

"Whereas Complaint hath been made unto this House, That divers unruly Persons, without any Authority, do daily enter into the Park of Havering, in the County of Essex, and there cut, destroy, and root up, the Trees growing in the said Park, and also pull down the Pales and Inclosures thereof; which if it should be suffered, would be the utter Destruction of the Park, and Deer therein: It is this (fn. 2) Day Ordered, by the Lords in Parliament, That the Justices of Peace in the said County shall do their best Endeavour to preserve the said Park, Deer, and Pales, and Inclosures thereof, and the Timber Trees in the Forest, from Spoil and Destruction; and if any shall disobey them, to commit them to Prison: And their Lordships require all Deputies, Lieutenants, Captains, Commanders, and Soldiers, to be aiding and assisting to the said Justices of Peace, in the suppressing the said Misdemeanors, and apprehending the Offenders, and sending them up to answer the Matter before the Lords in Parliament: And it is further Ordered hereby, That this Order shall be forthwith published in the Parish Church of Havering aforesaid, and at Rumford in the said County, on a Market-day there, the next Day respectively after the Receipt hereof."

Wheeler, Constable of Walton, released.

Upon the humble Petition of Wheeler, Constable of Walton, in the County of Surry, being sent for as (fn. 3) a Delinquent: It is Ordered, That he shall be released from his present Restraint, paying in his Fees.

Spratt to attend.

Ordered, That Steven Spratt, a Prisoner in Newgate, shall be brought before this House, to answer such Things as he stands charged withall in this House, on Fryday next; and that the Keeper of Newgate shall bring the said Spratt, and Henry Brodnax, and John Gwinne, Witness, at the Time aforesaid.

Message from the H. C. with Ordinances;

A Message was brought from the House of Commons, by Sir Rob't Pye Knight, and others;

To desire their Lordships Concurrence in these Particulars following:

1. An Ordinance for the Militia of London to (fn. 4) send forth a Brigade, (fn. 5) under the Command of Colonel Browne, to the Assistance of Sir Wm. Waller.

(Here enter it.)

Agreed to.

2. An Order to present Tho. Twist to the Church of East-Horsley. (Here enter it.)

Agreed to.

3. An Ordinance concerning Tobacco.

(Here enter it.)

Agreed to.

4. An Ordinance concerning the receiving of the Revenues of the King, Queen, and Prince, &c.

(Here enter it.)

Agreed to.

and to sit a While.

5. To desire their Lordships would please to sit a while, for the House of Commons have something of Importance to present to them.

Agreed, To sit a while.

The Answer returned was:

Answer.

That this House agrees to all the Ordinances now brought up; and that their Lordships will sit a while, as is desired.

Aylsbury Garrison.

It was moved, "That the Garrison at Alsebury might be taken into Consideration, it being in great Distress, and a Place of great Consequence:" Hereupon this House Resolved, To send to the House of Commons, to recommend (fn. 3) it unto them.

E. of Stamford's Arrears.

The Earl of Stamford presented to this House a Paper; desiring, "That his Arrears may be taken into Consideration:" And the House Resolved, To recommend the same to the House of Commons.

To sit next Monday.

Ordered, That this House shall sit on Monday next, at Ten of the Clock in the Morning.

Message to the H. C. to acquaint them with it; and about Aylsbury Garrison, the Earl of Stamford's Arrears, and Baron Henden's Assessment.

A Message was sent to the House of Commons, by Mr. Serjeant Fynch and Dr. Aylett:

To desire them they would take into their Consideration the maintaining of the Garrison of Alsebury, which is now in great Distress for Want of Pay; and to deliver unto them the Paper of the Earl of Stamford; and to let them know, that they consent that the Committee at Habberdashers Hall shall proceed against Baron Henden according to the Ordinance for the Twentieth Part; and lastly to let them know, that this House is Resolved to sit on Monday Morning, at Ten of the Clock.

Assessment of the Assistants.

Ordered, That Thursday next, in the Afternoon, is appointed to consider of the assessing the Assistants of this House for the Twentieth Part, according to the Ordinance of Parliament.

Babb versus Trelany, in Error.

Ordered, That the Errors between Babb and Trelany shall be argued in this House, by Counsel, on Tuesday Sevennight after Twelfth-day.

Ordinance concerning the receiving the Revenues of the King, Queen, and Prince.

"Whereas divers Manors, Lands, Tenements, and Hereditaments, of Papists, Delinquents, and ill-affected Persons, in divers Counties, Cities, and Places, within this Realm of England, Dominion of Wales, and Port and Town of Berwick, by Ordinances of Parliament are, and others hereafter may be sequestered, out of which there are sundry Fee Farm Rents, Farm Rents, and other Payments, due to His Majesty, the Queen, and Prince; and whereas the Lords and Commons in this present Parliament assembled, upon the 21th of September last, passed an Ordinance for the seizing upon and receiving, for the Use of His Majesty and the Commonwealth, all His Majesty's, the Queen, and Prince's Revenues, of what Nature or Quality soever, certain or casual, within the said Realm of England, Dominion of Wales, and Port and Town of Berwicke, together with all the Arrears thereof, and all Debts any Way due to His Majesty, the Queen, or Prince; and, to the End that all Distractions and Confusions of Accompts may be avoided and prevented, and that there may be kept an exact and distinct Accompt of all His Majesty's, the Queen's, and Prince's Revenues, or Sums of Money, which have been, or shall be, levied or received by Ordinance of this present Parliament: The said Lords and Commons therefore do Declare and Ordain, and be it Ordained by the Authority of the same, That all and every the Rents, Sums of Money, and other Duties, any Way due to His Majesty, the Queen, or Prince, chargeable upon, or issuing forth of, any the Manors, Lands, Tenements, or Hereditaments, that are or shall be sequestered as aforesaid, together with all the Arrears thereof, shall be, from Time to Time, paid and delivered to the several Receivers that are or shall be thereunto appointed by the said Ordinance of Parliament of the 21th of September last, or the Committee for the Revenue within the several Counties, Cities, or Places aforesaid: And the said Lords and Commons do further Declare, Ordain, and Command, That all and every the Committees of Sequestrations, in the several Counties, Cities, and Places aforesaid, and all Treasurers, and Collectors, and all others whom it may concern, that they give Obedience and conform themselves to this present Ordinance, and, out of the Monies raised or arising of all, every, or any, of the said sequestered Manors, Lands, Tenements, or Hereditaments, they forthwith, and so hereafter from Time to Time, do pay the said several Rents and Sums of Money which are or shall be due out of the same, unto His Majesty, the Queen, or Prince, unto the said several and respective Receivers, within the several Counties, Cities, and Places aforesaid; whose several and respective Acquittance or Acquittances shall be a sufficient Discharge to the several Sequestrators, Treasurers, Collectors, and all others, for such Sums of Money as they or any of them shall pay according to the Direction of this Ordinance."

Order for a Brigade of the London Trained Bands to be sent to the Assistance of Sir William Waller.

"It is this Day Ordered, by the Lords and Commons in Parliament, That the Committee of the Militia of the City of London shall have Power, and is hereby authorized, to command the White and Yellow Regiments of the Trained Bands and Auxiliaries of Foot, and as many Troops of House, or other Forces under their Commands, within the Cities of London and Westm. Lines of Communication, and Parishes mentioned in the Weekly Bills of Mortality, as to them shall seem convenient, to march, under the Conduct of Richard Browne Esquire, Major General of this Brigade; who is hereby authorized, by the said Lords and Commons, to lead and conduct them, for the Defence of the Cities of London and Westm. and (fn. 6) Parts adjacent, into the Counties of Midd. and Surrey, and elsewhere, as he shall be directed by the Committee of the Militia, or Sir William Waller with the Consent of the said Committee: And it is further Ordained, That the said Committee of the Militia shall have Power, and is hereby authorized, to cause all or any of the said Forces to march, with their Colours, to any Place whatsoever, and not to depart from the same without Licence of their Captains, for the Defence of the said City and the Public Safety; and to impose reasonable Fines, or to imprison all Colonels, Lieutenant Colonels, Serjeant Majors, Captains, and other Officers and Soldiers whatsoever, under their Command, whether Masters or Servants, as shall disobey their Commands and Directions, from Time to Time, as they shall think fit, or otherwise to proceed against them according to the Course of War: And it is further Ordained, by the said Lords and Commons, That the said Committee of the Militia shall have Power, and is hereby authorized, to call back all such Forces as they shall appoint to march forth by virtue of this Ordinance, when they shall think fit: And it is further Ordained, That such Forces as shall be sent forth by the said Committee, for this Expedition, shall be paid by the Parliament, for the Time they shall continue abroad, according to the Establishment of the Kingdom: And the said Committee, and all other Persons acting in the Premises according to the Intent of the said Ordinance, shall, for so doing, be saved harmless by Authority of Parliament."

Order to present Mr. Twiss to the Church of East-Horsley.

"Whereas William Laude, Archbishop of Canterbury, is, by Ordinance of Parliament, suspended ab Officio et Beneficio, et omni et omnimoda Jurisdictione Archiepiscopali, and all the Temporalities of the said Archbishop sequestered by and unto the Parliament, until he shall be convicted or acquitted of High Treason, for which he standeth now accused; and that whatsoever Livings, Dignities, or Ecclesiastical Promotions, in his Gift, shall be void, shall henceforth be instituted and inducted unto by the Archbishop's Vicar General, or others having Authority in this Behalf, upon the Nomination and Commendation of both Houses of Parliament, during the Time of the Suspension and Sequestration aforesaid; and whereas the Church of East Herlesley, alias Horsley, in the County of Surrey, being in the Gift of the said Archbishop, is become void by the Death of Dr. Bray, late Incumbent thereof: It is Ordered, and be it Ordained, by the Lords and Commons assembled in Parliament, That Thomas Twisse Master of Arts, a Learned and Orthodox Divine, be, and he is hereby, nominated and recommended, forthwith upon Sight hereof, to be admitted, instituted, and inducted, by Sir Nathaniell Brent Knight, Vicar General of the said Archbishop, into the said Rectory and Church of East Herlesley, alias Horsley, Ratione Suspensionis Domini Gulielmi Archiepiscopi Cantuariensis, et Sequestrationis Temporalium Archiepiscopatus in Manibus Supremæ Curiæ Parliamenti jam existentium."

Ordinance for moderating the Duty on Tobacco.

"Forasmuch as the Lords and Commons assembled in Parliament have taken Notice, that the (fn. 7) Duty of Four Pence, lately imposed by Ordinance of the Eleventh of September last, upon every Pound of Tobaccos of the English Plantations, by Way of Excise, hath something intermitted Trade in that Commodity: Be it therefore Ordained, by the said Lords and Commons in Parliament assembled, and by Authority of the same, for the Encouragement and Ease as well of the Importer as Ingrosser and Seller of such Tobaccos, that all Tobaccos of the English Planta tions imported, and remaining on the Hands of the Merchant or Importer, or the Ingrosser or Seller thereof, before the Eleventh of September last past, shall pay only One Penny upon every Pound; and all such Tobaccos imported since the Eleventh of September last, and remaining on the Hands either of the Merchant, Importer, Ingrosser, or Seller thereof, at the Day of the Date of this Ordinance, shall be liable to and pay Two Pence upon every Pound; and for all such Tobacco of the English Plantations as shall hereafter, from the Day of the Date hereof, be imported into the Kingdom of England, Dominion of Wales, and Port and Town of Berwicke, shall pay after the Rate of Four Pence upon every Pound, according to former Ordinance, dated the Eleventh of September last; the respective Sums of One Penny, Two Pence, and Four Pence, upon every Pound, to be paid by the Ingrosser or Seller, upon Sale thereof, as is therein prescribed: Provided always, That no Person shall have any Benefit of the aforesaid Moderation, to One Penny and Two Pence upon every Pound of Tobacco respectively beforementioned, but such only as shall, within Fourteen Days after the Publication of this Ordinance, make his Personal Appearance at such Office of Excise under which his Dwelling-place shall be, and there deliver in upon Oath a true and just Particular of all Tobaccos by him sold since the Eleventh of September last, unto the Time he shall make his Appearance; as also at the same Time declare upon Oath, and deliver in a like true Particular of all Tobaccos either remaining upon his Hands at that Time, of such Tobaccos as were upon his Hands before the Eleventh of September, as of such Tobaccos as have been by him imported or bought, and are remaining upon his Hands at the Time of his Appearance; and shall presently, according to the respective Rates of One Penny and Two Pence, pay and clear the Duty of Excise, as well for all Tobaccos by him sold since the Eleventh of September last, as for all Tobaccos by him imported, and remaining at that Time upon his Hands as aforesaid, but be proceeded against without Favour or Pardon, according to the former Ordinance of the Eleventh of September last: Provided also, That no Abatement or Allowance shall be made, under Pretence of this Ordinance, for any Tobaccos which have already paid Excise according to the said Ordinance of the Eleventh of September last, before the Date hereof."

Ciotworthies, and Middleton, &c.

"Upon reading the Petition of the Clottworthies, of the Kindred of Rob't Gray deceased, being Complainants against Mary Gray, Symon Middleton, John Batty, and others, Defendants: It is this Day Ordered, by the Lords in Parliament assembled, That such Debtors unto the Estate of the said deceased as are willing to pay in their Monies may pay and deposite the same into the Hands of Mr. Browne Clerk of the Parliament, and not to any of the Parties; such Monies to remain in the Hands of the said Mr. Browne until the final Hearing and Determination of the Cause; and, in the mean Time, the said Symon Middleton, the pretended Administrator of the Estate of the said deceased, is hereby enjoined not to alienate or alter the Property of the said Estate, nor any Part thereof."