House of Lords Journal Volume 6: 25 May 1644

DIE Sabbati, videlicet, 25 die Maii.

PRAYERS, by Mr. Thoroughgood.

Domini præsentes fuerunt:

Ds. Grey de Warke, Speaker.

Answer from the H. C.

Sir Rob't Rich and Mr. Page, sent Yesterday with a Message to the House of Commons, return with this Answer:

That they agree to the Alterations and Additions in the Ordinance for regulating Sequestrations.

(Here enter it.)

Serj. Finch's Petition, to have Possession of Ld. Finch's Estates that are sequestered, on paying the several Rents for them.

Upon reading the Petition of Sir Nath. Fynch Knight, One of His Majesty's Serjeants at Law, and One of the Assistants (fn. 1) of this House; shewing, "That the Manor of Moate in the County of Kent, and also the Manor of Eshuir in the said County, together with the Mansionhouses, Lands, and Tenements to the several Manors belonging, are of late sequestered by the Sequestra tors of the said County, as the Estate of John Lord Finch, Baron of Fordwitch; that the Petitioner is the next Heir apparent of the said John Lord Fynch: Now, in regard much Cost hath been lately expended in the repairing the said Houses, and for that much Damage may soon happen, either through Want of maintaining of the Repairs thereof, or by the Destruction of the Timber or Woods, or by tilling and plowing up the Ancient Meadows and Pastures thereof, if the same should be in ordinary Tenants Hands; and for that the Petitioner is willing to answer the full Rents now made thereof:

He humbly prayeth, that the Lords and Commons would be pleased to order that he may (fn. 2) have the Possession of the said Houses, Manors, Lands, and Woods, paying several Rents for the same as the same are now let for by the Sequestrators; only deducting a Fifth Part of the Rent thereof, for the Maintenance and Livelihood of Dame Mabella Fynch, Wife of the said John Fynch."

Message to the H. C. about it.

Hereupon this House thought it fit to grant the Desires of the Petition; and referred it to the Committee of Lords for Sequestrations, to give further Directions accordingly: And it was further Ordered, To signify so much to the House of Commons, by Message, by communicating the Petition to them, and recommending the Business unto them; and that they would refer the same to their Committee for Sequestrations.

And accordingly a Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page.

Sir J. Cordell, Langham and Limbrey, & al.

It was moved, "That the Cause depending in this House, between Sir John Cordell, Alderman Langham, and others, against Lymbrey and others, might be dismissed this House, and remitted wholly to the Law, without Prejudice of either Party."

And, upon Debate thereof, these Two Questions were propounded to be put:

1. Whether this Cause shall be dismissed this House before Counsel be heard?

2. Whether this Cause shall be left to the ordinary Proceedings of Law?"

And the Question being put, "Whether the First Question shall be put or no?"

It was Resolved in the Negative.

Then it was Resolved, upon the Question, That this Cause shall be left to the ordinary Proceedings of Law.

Message from the H. C. with Ordinances, &c.

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

To desire Concurrence in these Particulars following:

1. In a Letter to be sent into Scotland.

2. In an Ordinance for reimbursing Monies to Captain Wm. Edwards.

3. In an Ordinance concerning Thomas Gamull's Legacies.

4. In an Ordinance concerning the Excise of Kingston upon Hull, for the Lord Fairefax.

5. An Ordinance to enable Mr. Solicitor to do all Acts as Mr. Attorney General ought to do.

Letter to be sent to Scotland.

(fn. 3) The Letter to be sent into Scotland was read; and the House was adjourned into a Committee during Pleasure, to debate it.

The House being resumed;

The Question was put, "Whether this (fn. 4) House agrees to this Letter?" (Here enter it.)

And it was Resolved in the Affirmative.

Ordered, That the Speaker of this House shall sign this Letter, provided the Sum which is to fill up the Blank exceeds not the Sum of Thirty Thousand Pounds.

The Answer returned was:

Answer to the H. C.

That this House agrees to the Letter now brought up; to the rest of the Particulars, this House will send an Answer by Messengers of their own.

Message to them, with Mr. Fortescue's Order.

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

To desire their Concurrence in an Order concerning Mr. Anthony Fortescue, Agent to the Duke of Lorrain.

Mons. De Sabran, & al. a Pass.

Ordered, That Monsieur De Sabran, Counsellor to the Council of State of the French King, sent by Him to reside in England, shall have a Pass, for himself and his Servants, Twelve in Number, to pass without any Trouble or Molestation to Oxford, or to any other Place where His Majesty shall be for the Time, or to the Queen, taking with (fn. 5) him his Trunks and Baggage, without searching and opening; provided the said Monsieur De Sabran give his Word to the Speaker of this House, that he will not carry any Thing with him as shall be prejudicial to the State.

Ordered, That the Earl of Rutland is hereby added to the Committee to consider of the Conference brought up by Mr. Rous.

Letter to the Parliament of Scotland.

For the Right Honourable the Lords and Commissioners for the Shires and Boroughs assembled in the Parliament of Scotland:

My Lords,

The Parliament of England, taking Notice that the Time of the Sitting of your Parliament draws near, do esteem it a happy Opportunity to express the great Obligation they owe to the Kingdom of Scotland, which hath so effectually engaged itself in this common Cause, wherein Religion and the Liberty of the Subject in all His Majesty's Dominions are so much concerned; and therefore hath commanded us to make known to your Lordships how much they value the Brotherly Love of that Kingdom, which hath been manifested upon all Occasions; and particularly by the Assistance afforded this Nation in their great Streights, at the Desire of this Parliament, which hath already checked the Violence of the Enemy, and we hope, through the Blessing of God, will become a powerful Means for the settling His Majesty's Dominions in Peace and Unity, according to the Grounds of the late Solemn League and Covenant: For the better effecting whereof, the Parliament of England hold it necessary that the Kingdoms should be as well united in their Counsels as Forces, and that all Ways and Means be used for maintaining a right Correspondency, for the joint carrying on of this great Work, which hath already been the Care of the Honourable Convention of the Estates and General Assembly of Scotland, in sending their Commissioners for that Purpose, who have discharged that Trust with great Prudence and Fidelity; and, to this End, the Parliament of England hath thought fit to appoint Commissioners (who are now residing with your Army), and are to make their Addresses to your Lordships as there shall be Occasion, to whom they intreat your Lordships to give Credence; they have also appointed Committees of both Houses, as a joint Committee with your Commissioners, to manage the War, and other Matters necessarily depending hereupon.

We are further commanded, by the Parliament, to acquaint your Lordships, that they have ratified and confirmed the several Treaties made and agreed between their Commissioners and the Convention of Estates of Scotland; and that it is their Desire that the same may be done by your Lordships. The Parliament is very sensible of the great Wants and Extremities which your Army in Ireland hath born with much Patience, occasioned by the manifold Distractions and great Necessities of this Kingdom, which have disenabled them to send timely Supplies; and do return their hearty Thanks to the Kingdom of Scotland, for their Care of that Army, and the great (fn. 6) Charge they have been at for their Relief with Provisions and Money, for their necessary Subsistence.

The Parliament, according to their Resolutions of the 11th of April, have ( (fn. 7) though with much Difficulty) provided for that Army, in Part of their Arrears, the Sum of, and will endeavour the Performance of the other Thirty Thousand Pounds promised, with all possible Expedition, and likewise take Care for the future Maintenance of them and the Brittish Forces there, as in the said Resolutions of the 11th of April they have expressed; for your Army in England, they have lately sent the Sum of Twenty Thousand Pounds unto them, and will not be wanting in any Thing that lies in their Power to give Encouragement to those Forces, according to the Treaty between the Two Kingdoms. Your Lordships are desired to consider the many Difficulties and Wants this Kingdom hath long conflicted with, and to take in good Part the Endeavours of the Parliament, who do their utmost for the Satisfaction of the Kingdom of Scotland, though their Abilities answer not always their earnest Desires.

This being all we have received from the Parliament, we rest

Westm, the 25th of May, 1644.

Your Lordships
very affectionate Friends,
and humble Servants.

An Ordinance of the Lords and Commons assembled in Parliament, for the better Execution of the former Ordinances for Sequestration of Delinquents and Papists Estates.

Ordinance for better Execution of the Ordinances for Sequestration of Delinquents and Papists Estates.

Whereas the former Ordinances of the Lords and Commons assembled in Parliament, for Sequestration of Delinquents Estates, have not been put into such effectual and speedy Execution in divers Places as was expected, to the great Disservice of the Commonwealth:

For Remedy thereof, and for the more speedy collecting and bringing in of such Monies, Rents, and Goods, as are or shall be due upon the said Ordinances, or any of them, the said Lords and Commons do further Declare and Ordain in Manner and Form following:

1. That the several Sequestrators and Committees heretofore or hereafter to be appointed by Authority of Parliament, and the several Solicitors, Collectors, Treasurers, Appraisers, and all other Persons by them employed by virtue of the said Ordinances, or either of them, shall, within Ten Days after Notice of this present Ordinance to them given, or before the intermeddling therewith, take the ensuing Oath;

1. A. B. do swear, that I shall well and truly, according to the Trust reposed in me, execute for the best Advantage of the Commonwealth all and every of the Ordinances made by the Lords and Commons assembled in Parliament, for Sequestration of Delinquents and Papists Estates; and that I shall not, for Fear, Favour, Reward, or Affection, spare, connive at, or discharge, any of the said Delinquents or Papists: So help me God.

Which Oath shall be taken by the said Committees before any Deputy Lieutenant, Justice of Peace of the County, City, Borough, or Place, where such Committees shall fit, who are by this Ordinance authorized to administer the said Oath, and by the said Solicitors, Collectors, Appraisors, and other Officers, before the said Committees, or any Two of them, who are also hereby authorized to administer the same; which said Deputy Lieutenants, Justices of Peace, and Committees respectively, are hereby required and enjoined to certify unto the Speaker of the House of Commons the Names of all such Persons as shall take the said Oath, and also the Names of all such as shall neglect or refuse to take the same.

2. That all Officers, and every other Person whatsoever, who hath in his Custody any Goods of any Person whose Estate is sequestered, shall bring the same in to the several and respective Committees of Sequestration, within the said County, within Ten Days after Notice of this Ordinance, or otherwise within Five Days after the Expiration of the said Ten Days pay ready Money to the Committees for the same, according to such Rates as they shall be appraised upon Oath, by Two able Appraisers appointed by the said Committees; and, in Default of bringing in such Goods, or Payment for the same, shall forfeit for every Week he or they shall detain or not pay the same, the Sum of Two Shillings Six Pence for every Twenty (fn. 8) Shillings worth of such Goods, to the Use of the Commonwealth.

3. That all Suspensions of Sequestrations of any Delinquents or Papists Estates, made by the Committees, in any County or Corporation, without express Order of both Houses of Parliament, shall be forthwith taken off and cleared; and no (fn. 9) Suspension or Excuse of Persons sequestered allowed, but what is warranted by the Ordinances of both Houses.

4. That all Debts made for Goods sold shall, within Ten Days after this Ordinance, be paid in, by the Persons owing the same, to the Treasurers of the several Places where they are due, and, in Default thereof, the said Debts immediately after the said Ten Days to be paid by the several Parties that sold the same, under Pain of forfeiting the Sum of Two Shillings Six Pence in every Pound for every Week they remain unpaid after the said Ten Days, in regard the Ordinances appoint no Sale but for ready Monies.

5. That all the sequestered Houses and Lands now standing void and unlet shall forthwith be let, tenanted, or improved, by the respective Committees and their Officers, for the best Advantage of the Commonwealth, upon Pain of such Punishments in case of wilful Negligence as the Houses shall inflict.

6. That active, able, trusty Men, who will diligently attend this Service, shall be added to all Committees of Sequestrations where there is Cause; and that the Committees of Accompts of the Kingdom shall from Time to Time present the Names of such Persons to both Houses of Parliament.

7. That the several Committees for Sequestration in each County, Three or more of them, shall constantly meet, and sit upon this Service, Two set Days at the least every Week, to be by them appointed; and shall increase or alter the Number of their Collectors; and if any Neglect or Misdemeanor shall be found in any Solicitor in the Execution of his said Office, the said Committee, or any Three or more of them, shall certify the same unto the Committee of Lords and Commons for Sequestrations.

8. That no Treasurers appointed by the Sequestrators shall be allowed above Two Pence in the Pound for Monies received by them; and that every Committee and Treasurer residing in the City of London, or within the Line of Communication, who shall receive any Sum or Sums of Monies upon Sequestrations, shall pay the same to the Treasurers for Sequestrations at Guildhall, London, within Six Days after his or their Receipt thereof; and the Committees and Treasurers that are to pay in their Money to the said Treasurers at Guildhall aforesaid, residing within Forty Miles of London, shall pay the Monies they receive within Fifteen Days after the Receipt thereof; and such Committees and Treasurers who live above Forty Miles from London shall, within Thirty Days after the Receipt thereof, pay the same to the said Treasurers, under Pain of forfeiting Two Shillings Six Pence in the Pound for every Week he or they shall detain the same after the respective Times herein limited.

9. That the several Collectors and Solicitors for Sequestrations, that have not heretofore pursued, or shall not hereafter pursue, the several Ordinances of Sequestrations, and the Trust thereby in them reposed, shall be disallowed upon their Accompts all Fees or Sums of Money appointed unto them by any Ordinance whatsoever.

10. That the several Solicitors and Collectors for Sequestrations shall from henceforth keep several exact Accompts of all Goods, Lands, Rents, and Profits sequestered, and enter the same into several Books of Accompts, to be kept for that Purpose; and shall, within Ten Days next after Notice of this present Ordinance, make several Books of Accompt, of all Debts, Rents, and Profits, then (fn. 10) in Arrear, unreceived and uncollected, and of the Particulars and Values of all the Goods, Lands, Rents, Tenements, and Revenues, of every Person sequestered, within their several Divisions; and shall likewise Quarterly make and deliver the like Accompts unto the several Committees under whom they are employed, to the End the certain Value of the Sequestration may be discovered, and a constant Revenue raised.

11. And it is further Ordained, by the said Lords and Commons, That all and every of the Penalties in and by this present Ordinance imposed, or to be inflicted, upon any Person or Persons offending contrary to this Ordinance, or any Thing therein contained, shall be levied by the said respective Committees, their Collectors and Agents, by Distress and Sale of the Parties Goods so offending.

12. And it is further Ordained, That no Committee or Committees whatsoever shall, without valuable Consideration, dispose of any sequestered Goods, or make any Loans thereof, without the Consent of both Houses of Parliament.

13. That all Officers, and every other Person whatsoever, who hath detained in his Hands any Sequestration monies, or hath received any of the said Monies without a sufficient Warrant for his so doing, and contrary to former Ordinances, shall bring in and pay all such Monies so by them detained or received, to the Treasurers for Sequestrations at Guildhall, London, within Twenty Days after Notice of this Ordinance; and, in Default thereof, shall forfeit Two Shillings Six Pence for every Twenty Shillings, for every Week he or they shall detain or not pay the same to the Uses aforesaid; and the Monies so detained, together with the said Forfeiture, shall be levied by the said respective Committees, their Collectors or Agents, by Distress or Sale of the Parties Goods so offending; and, where no sufficient Distress can be found, the Parties so offending to be committed to Prison till the Money be paid as aforesaid.

14. And it is further Ordained, That, for the Prevention of all fraudulent and indirect Dealing, and for the present and future Satisfaction of the Kingdom, all Treasurers and Collectors in the associated Counties under the Command of the Right Honourable Edward Earl of Manchester, as also in the County of Kent and Surrey, where, by several Ordinances of Parliament, they have Power to detain One Third Part of all the Sequestration-money within the said Counties, for the better maintaining of the Forces by them raised respectively, for the Preservation of the Parliament and Kingdom, shall bring in to the Treasurers of Sequestrations at Guildhall, London, every Three Months, or oftener if they shall be thereunto required, an exact Accompt of all the Sequestration-monies by them received and issued out for the Third Part as aforesaid, or otherwise, and produce Receipts for the same, to the End the said Treasurers at Guildhall may keep Accompt of all the Sequestration-monies, as by former Ordinance was Ordained; and to take Care that the said Monies be equally divided and applied, as by the said Ordinance is intended; and that the like Course is to be observed by all particular Men, for all Sequestration-monies they shall receive, in any County or Place under the Power or Command of the Parliament, by virtue of any particular Ordinance obtained by them, that they may receive no more than is intended and appointed by their several Ordinances respectively.

15. And it is further Ordained, That John Madden Gentleman shall be a general Solicitor, for the better Execution of this and the former Ordinances of Sequestrations; and is hereby authorized to keep due Correspondence with all Committees, Solicitors, Treasurers, Collectors, and other Officers employed about the Sequestrations; and shall give his best Advice and Assistance to the said Treasurers at Guildhall, for the better promoting and advancing of the said Service; and, when he shall discover any Obstruction or Disorder in any Person or Persons herein employed, he shall acquaint the Committee of the Lords and Commons for Sequestrations therewith; and, for his Pains and Attendance on this Service, the said Treasurers at Guildhall shall pay unto him Weekly Twenty Shillings, and shall also pay unto the said John Madden all his necessary Charges and Expences which he shall disburse, if he shall find it needful, with the Advice of the said Treasurers at Guildhall, to travel into any of the Counties under the Power and Command of the Parliament for the better and more speedy effecting of the Premises, and for Postage of Letters.