House of Lords Journal Volume 6: 6 May 1643

DIE Sabbati, videlicet, (fn. 1) 6 die Maii.

PRAYERS.

Earl of Manchester was appointed by the House to be Speaker this Day.

Elzey the Solicitor, who arrested the Earl of Holland's Servant;

not to practise in or near London;

Mr. Justice Reeves reported, "That he hath examined the Business concerning Mr. Elzey, whether he was privy to the arresting of Weyman, the Earl of Holland's Servant, as knowing him to be his Servant, and he cannot have any certain Proof of it, but the said Elzey being known to be a Solicitor, (fn. 2) and to be very scandalous in that Profession:" Hereupon this House thought fit that the said Elzey should have an Admonition from being a Solicitor, in any Cause, in any Court of Law or Equity in Westm. or Sessions and Assizes in or near London.

released.

Ordered, That Elzey shall be discharged from his present Restraint.

Burges to officiate at Staines, in the room of Dr. Soames.

Ordered, That Mr. Daniell Burges shall officiate for the present in the Place of Doctor Soames, at Stanes, until the Pleasure of this House be further known; and this House will see him satisfied for his Pains therein.

Ordinance for assessing the Twentieth Parts of Estates.

The Earl of Northumb. reported from the Committee the Ordinance concerning the cessing of the Twentieth Part of the Estates of Persons in the several Counties, That the Committee have considered of the said Ordinance, and have made some Alterations, and added some Provisos."

The Alterations and Provisos were read, and approved of.

And this House agreed with the House of Commons in the said Ordinance, with the Alterations and Provisos.

Sent to the H. C.

A Message was sent to the House of Commons, by Sir Edward Leech and

To carry down the Ordinance for cessing of the Twentieth Part in the Counties; and to let the House of Commons know, that this House agrees with them in the said Ordinance, with the said Alterations and Provisos.

Mr. Keely, a Pass.

Ordered, That Phillip Kelley shall have a Pass, to go to Oxford, and return again to London, about some Business of Mr. Lake's.

Countess of Dorset, a Protection.

Ordered, That the Countess of Dorsett shall have a Protection, to preserve (fn. 3) her House in London from Plundering.

Money restored to Capt. Moore.

Next, an Order was read, for restoring One Hundred and Twenty Pounds to Captain Rob't Moore, (fn. 4) from the Searchers. (Here enter it.)

Agreed to.

Sequestration of Stanford Rivers from Dr. Meredith.

Next, this House took into Consideration the Charge against John Meredith, Doctor in Divinity, Parson of Stanford Rivers, in the County of Essex. And this Day he being by Order of this House to appear, and he failing, Richard Cox testified, upon Oath, "That he served the Order of this House, at his Lodging, upon Wednesday last."

Hereupon this House, taking this as a Contempt, proceeded against him; and these Witnesses were produced:

Ric'd Cox testified, "That he hath not been at his Charge at Stanford Rivers this Nine Months."

Francis Flewing, Ric'd Cranfeild, testified, That the said Dr. Meredith is at Oxford, with the King's Army.

Mr. Elliston to officiate there.

Hereupon this House, taking the whole Business into Consideration, adjudged, "That, for this Offence, the said Dr. Meredith shall be sequestered from his Living of Stanford Rivers, and the Profits thereof; and that Mathew Elliston, Master of Arts, is hereby appointed to officiate the said Cure, during the Pleasure of this House, and shall be allowed such Maintenance for the same as this House shall appoint, when they are informed of the true Value of the said Living; and the Profits of the said Living to be sequestered into responsible Hands."

Sequestration of Southweld from Dr. Baker.

Next, the Charge against Samuell Baker, Doctor in Divinity, Vicar of Southweld, in Essex, was read.

He not appearing according to the Order of this House, Affidavit was made, by John Wright, "That he left the Order of this House at his House at Weld;" but this House being informed, "That the said Dr. Baker is now at Canterbury, being a Prebend there," this House Ordered, That this Cause shall be heard this Day Sevennight, and he in the mean Time to be served with the Order of this House for his appearing.

Sequestration of Aldenham from Mr. Soane.

Next, this House heard the Charge against Joseph Soane, Vicar of Aldenham, in the County of Herford.

The Charge was read.

His Answer was demanded.

He pleaded, he was not guilty of the Misdemeanors.

Hereupon this House proceeded to hear the Witnesses, to prove the Particulars.

Mr. Gilping to officiate there.

The House took the whole Business into Consideration; and, being fully satisfied with the Proofs, this House Adjudged, "That the said Joseph Soame shall be hereby sequestered from the officiating of the said Cure of Aldenham, and the Profits thereof, during the Pleasure of this House; and that John Gilping, Master of Arts, shall officiate the said Cure; and the Profits to be sequestered into responsible Hands." (Here enter the Judgement at large.)

Message from the H. C. with an Order for Concurrence.

A Message was brought from the House of Commons, by Sir Rob't Harley Knight:

To desire their Lordships Concurrence in an Ordinance concerning the Advance of Monies, by the City of London, for the Supply for the Relief of the Army. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees with the House of Commons in this Ordinance now brought up.

Orders from thence, for Concurrence.

Next, an Order was read, formerly brought up from the House of Commons, to appoint Sir Rob't Harley to be Officer of the Pix in the Mint. (Here enter it.)

Agreed to.

Another Order, concerning the Weekly Assessment, was read. (Here enter it.)

Agreed to.

Lady Maynard, a Pass.

Ordered, That the Lady Maynard shall have a Pass, to go to The Spaw.

Earl of Middlesex relieved from the Weekly Assessment.

The House being informed, "That the Earl of Midd. coming but sometimes to Town, and lying at the Earl of Dorsett's House in London, is assessed, for the Weekly Assessment, Eight Pounds:" Hereupon it is Ordered, That it is hereby recommended to the Committee in London, to take off the said Assessment.

Message to the H. C. that the Lords agree to Two Orders.

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

To let them (fn. 5) know, that this House agrees with them in the Order concerning the Pix, and the Weekly Assessment.

Parson of Pedmarshe, &c.

Ordered, That the Charge against the Parson of Pedmarsh, Fyfeild, and Louze, shall be heard on Monday Morning next.

Baker, who serves the House with Coals, a Protection.

Ordered, That Baker, a Collier, that serves this House with Coals, shall have a Protection, to keep his (fn. 6) Carriage and Horses from taking away, in regard of the Service of this House.

Sir John Burroughs, a Pass.

Ordered, That Sir John Burroughs shall have a Pass, to go into Kent, and return again to London.

Order concerning Assessments.

"Whereas, in and by the Ordinance of both Houses of Parliament, of the 29th of November last, for Assessments, it is provided, That, if no sufficient Distress be found, to satisfy the Sums assessed, then the Collectors shall have Power to enquire of any Sum or Sums of Money due or to be due unto them respectively so assessed, from any Person or Persons, for any Rents, Tithes, Goods, or Debts, or for any other Thing or Cause whatsoever; and should have Power to receive the same, and to compound therefor, and give Discharges, which should be good and effectual to all Intents and Purposes; and for so much as divers Persons, in regard of provisional Clauses in their Leases, of Forfeiture for not Payment of their Rents, and other Persons who have given Bonds, Bills, or Specialties, or stand charged by Book for Payment of such Debts as they owe to Persons assessed, have desired Explanation of the said Ordinance, for their Indemnity in the Cases aforesaid: Be it therefore Ordained and Declared, by the Lords and Commons, That all and every such Person and Persons as, in Obedience to the said Ordinance, shall pay any Rents, Tithes, Goods, or Debts (by them owing to any Person or Persons assessed), unto the Collectors appointed, or to be appointed, to receive the same, shall be discharged against his Creditors, Landlord, or Rector, and their Assigns, to whom any such Rents, Tithes, or Debts, shall be due as aforesaid; and shall be protected and saved harmless, from any Forfeiture, Penalty, or Damage, which he or they may incur by Not-payment of his or their said Rents, Tithes, Sums of Money, or other Things, according to his or their Lease, Bond, Bill, Book, Specialty, or other Agreement, by the Power and Authority of both Houses of Parliament; and, if any such Tenant or Tenants, Parishioners, Debtors, or Person or Persons, who are indebted, or from whom any Rent, Tithes, (fn. 5) or Debts, shall be due to any Person or Persons assessed as aforesaid, shall refuse to pay his or their Rent or Rents, Tithes, or Debts, to the said Collectors, at such Times and Places as the same shall become due and payable, the said Collectors shall have Power to distrain, sue for, and recover, the said Rents, Tithes, and Debts, and to take all other Advantages for Non-payment thereof, as the Landlord, Rector, or Creditor might have done, in every respect, for and towards Satisfaction of the Sums of Money at which such Persons are assessed as aforesaid."

Order concerning Monies to be advanced by the City of London, and for securing the Re-payment of them.

"Whereas, upon a Motion made by a Committee of Lords and Commons, in the Name of both Houses of Parliament, for the Sum of Sixty Thousand Pounds to be advanced by the Citizens of London, for Supply of the Necessities of the Army, the Lord Mayor, Aldermen, and divers of the Commons of the said City, by virtue of an Ordinance of the 28th of February last, did advance Twenty-three Thousand Pounds, or thereabouts, which, by another Ordinance of the 5th of April, was to be re-paid, together with Forty Thousand Pounds more, or thereabouts, lent and advanced by the Lord Mayor and Aldermen alone, with Consideration for the Forbearance thereof after the Rate of Eight Pounds per Centum per Annum for the same, out of the First Monies to be raised by the Weekly Assessment in the City of London and Liberties thereof; and whereas the said Lord Mayor, Aldermen, and Commons, are contented that the First Twenty-three Thousand Pounds that shall be re-paid out of the Weekly Assessments shall be set apart, to be forthwith sent to the Army, to supply the present pressing Necessities thereof, and to be re-paid the same after the said Forty Thousand Pounds, with the Forbearance thereof as aforesaid, is fully satisfied; and whereas the Commons of London, in Common Council assembled, have undertaken to do their utmost Endeavour to advance and lend Seventeen Thousand Pounds, to be forthwith also sent unto the Army, to be re-paid with the Twenty-three Thousand Pounds as aforesaid; all which Advance of Monies is understood and taken to be a very acceptable Service, and tends very much to the Preservation of Religion, Laws, and Liberties, and the Safety of the Parliament, City, and Kingdom: It is thereupon Ordained and Declared, by the Lords and Commons assembled in Parliament, That as well the said Twentythree Thousand Pounds, as also such other Monies as shall be advanced as aforesaid, shall be re-paid, with Consideration for the Forbearance thereof after the Rate aforesaid, out of the First Monies to be raised upon the Weekly Assessment to be collected in London and Liberties, after the said Forty Thousand Pounds lent and advanced by the Lord Mayor and Aldermen is fully satisfied as aforesaid, and out of the First Money collected, or to be collected, out of the Weekly Assessments in the City of Westm. and the Borough of Southwarke, the several Parishes in the Weekly Bills, and in the rest of the County of Midd. as also in the Counties of Hertford, Essex, and Suffolke, as also out of the First Monies that shall be raised out of the Assessments of such Persons throughout the Kingdom, not above the Twentieth Part of their Estate (or the Fifth Part of their Annual Revenue), as have not contributed upon the Propositions of both Houses, or not proportionably to their Estates, according to an Ordinance of the of May: And, for their further Security and Encouragement, it is likewise Ordained, by the Lords and Commons aforesaid, That as well Sir Gilbert Gerrard Baronet, Treasurer of the Army, as also Sir John Wollaston Knight, John Warner, John Towes, and Thomas Andrews, Aldermen of the City of London, appointed Treasurers for Receipt of the said Monies, respectively shall re-pay the said several Sums as aforesaid, and shall not issue the said Monies to any other Purpose whatsoever, until the same shall be fully satisfied as aforesaid: And it is further Ordained, That such Sums of Money as were advanced, and not re-paid, according to an Ordinance of the 29th of November last, shall be re-paid out of such Monies as are or shall be raised by virtue of several Ordinances passed in and about [ (fn. 7) the said] November, for assessing of such Persons within the City of London and Liberties thereof (not above the Twentieth Part of their Estates), as have not contributed upon the Propositions of both Houses, or not proportionable to their Estates, as also out of such Monies as shall be raised by virtue of the foresaid Ordinance of the of May aforesaid."

Order for Sir R. Harley to be Mintmaster.

"Whereas, by Order of both Houses of Parliament, the Money put into the Pix-box, for Trial of the Monies that have been coined in the Mint, is appointed to be tried in the same Manner as formerly it used to be; according to which Order there have been Warrants issued forth, but have not been put in Execution by those who were thereunto required, by reason Sir Ralph Freeman and Sir Thomas Alisbury, the present Commissioners for the Place of Master and Worker, do not attend the said Service, nor give Order concerning the same, for the preparing and fitting of Coining-irons, with a new Privy Mark to be stamped on the Monies that shall be made after the said Trial, to the apparent Danger of the falsifying of the Coin of this Kingdom: It is therefore Ordained, by the Lords and Commons in Parliament, That Sir Rob't Harley, Knight of the Bath, a Member of the House of Commons, shall forthwith give Order for a new Privy Mark, and shall execute and perform the Service of Master and Worker of His Majesty's Monies, as formerly he hath done by the Indenture of the Mint made between His Majesty and the said Sir Robert Harley; and shall take, receive, and enjoy, all the Profits, Fees, Houses, and Yearly Pension, belonging unto the said Office of Master and Worker, according to the Prices, Clauses, and Covenants, in the said Indenture of the Mint; and shall perform and do, in all Things belonging to the said Place, as heretofore he did when he enjoyed the same, according to the Direction of the said Indenture; and for all Sums of Money that shall arise and grow due unto His Majesty, over and above the Charges in making of the said Monies, and the Yearly Pension allowed to the said Sir Robert Harley by the said Indenture, he shall be accountable to both Houses of Parliament, as they from Time to Time shall Ordain and Require: And it is further Ordained, by the Lords and Commons in Parliament, That Cornelius Holland Esquire, a Member of the House of Commons, being appointed Collector of the Profits arising to His Majesty in the said Mint, for and towards the Expences of His Majesty's Two Youngest Children, by Ordinance of Parliament, shall from Time to Time pay, or cause to be paid, to the said Sir Robert Harley, all such Rates and Prices, for the Workmanship of all the Gold and Silver Monies, as he hath of late done to the Commissioners for the said Place, or that is allowed and authorized by the said Indenture of the said Mint; and this Ordinance, together with the Acquittance or Acquittances of the said Sir Robert Harley, shall be to the said Cornelius Holland a sufficient Discharge for all such Sum or Sums of Money as he shall from Time to Time pay, or cause to be paid, to the said Sir Rob't Harley, as aforesaid; and it is further required hereby, that all and every the Officers, Moneyers, and others of His Majesty's Mint, within The Tower of London, in their respective Places, shall be aiding and assisting to the said Sir Robert Harley in the Execution of the said Office of Master and Worker; and for so doing, this Ordinance shall be their Warrant."

Order for 120l. to be restored to Captain Moore, from the Searchers.

"It is this Day Ordered, by the Lords and Commons in Parliament, That Mr. Christopher Dighton Searcher of Gravesend, and other Searchers there whom it may concern, shall pay and restore unto Captain Robert Moore, or his Assigns, One Hundred and Twenty Pounds, now remaining in the said Christopher Dighton's or other Searchers Custody, and by him or them seized: And it is further Ordered, That an Acquittance under the Hand of the said Captain Robert Moore, or his Assign or Assigns, shall be a sufficient Discharge to the said Christoper Dighton, or other Searchers whom it may concern, for the said Hundred and Twenty Pounds, which the said Dighton or others shall pay in by virtue of this Order; and that they shall be saved harmless and indemnified for their so doing, by the said Lords and Commons."

Adjourn.

House adjourned till 9 ^a , Lunæ.