House of Lords Journal Volume 6: 3 July 1644

DIE Mercurii, 3 die Julii.

PRAYERS, by Mr. Hall.

Domini præsentes fuerunt:

Ds. North, Speaker this Day.

Keeper of Newgate to be attached, for Butler's Escape.

Ordered, That the Keeper of Newgate shall be attached, and brought before this House, to answer his Contempt, in not attending to this House, according to Order, to give an Account concerning the permitting of Butler to go out of his Custody into Dorsetshire.

Message to the H. C. with the Ordinance for associating the Counties of Essex, Suffolk, &c.

The Lord Wharton reported the Ordinance concerning the associated Counties of Essex, &c. which the Committee have considered (fn. 1) of, and think it fit to pass, with some few Alterations.

And the said Ordinance with the Alterations was read, and approved of, and Ordered to be sent down to the House [ (fn. 2) of Commons,] to desire their Concurrence herein.

And accordingly a Message was sent down, by Mr. Page and Dr. Aylett.

Mrs. Roach's Cause.

Ordered, That the Escheator of London do attend this House on Friday come Sevennight, concerning Mrs. Roche's Business.

Message from the H. C. to expedite the Ordinance for associating Essex, &c.

A Message was brought from the House of Commons, by Sir Henry Mildmay Knight, and others:

1. To desire Expedition in the Ordinance concerning the associated Counties of Essex, &c.

the Letter to the Lord General;

2. To desire Expedition in the Letter to be sent to the Lord General.

and Colonel Rous's Business;

3. To desire Expedition in the Business concerning Colonel Rous.

and with Ordinances for Concurrence.

4. To desire Concurrence in an Ordinance, being an Explanation of the Ordinance concerning Accompts.

5. To desire Concurrence in divers Ordinances:

1. An Ordinance for adding divers Persons to be Deputy Lieutenants for the County of Lyncolne.

To be considered of; and the Misdemeanors of Colonel Kinge to be considered of.

2. An Ordinance for adding the Names of divers Persons to be Committees of Sequestration in the County of Lyncolne. (Here enter it.)

Agreed to.

Ordinance to explain the One for taking the Accompts of the Kingdom.

The Ordinance for Explanation of the Ordinance for Accompts was read Twice, and committed to the Consideration of these Lords following; and Report thereof to be made to this House:

Any Three, to meet this Afternoon, at Three of the Clock.

The Answer returned was:

Answer to the H. C.

That this House hath passed the Ordinance concerning Essex, &c. and the Ordinance for adding Persons to the Committee of Sequestrations for the County of Lyncolne. To the other Particulars, this House will send an Answer by Messengers of their own.

Answer from thence.

The Messengers sent to the House of Commons return with this Answer:

That they agree [ (fn. 3) to the Alterations] in the Ordinance concerning the associated Counties of Essex, &c.

(Here enter it.)

Becroft and Daynes to be attached, for causing the Earl of Arundel's Timber to be selled at Winfarthing and Hulverwood.

Upon reading an Affidavit of Wm. Ellett, of Winfarthing, in the County of Norff. "That Theophilus Rushmer, Tho. Sympson, and John Ashby (being at Work in felling of Timber and peeling of Bark of the Earl of Arundell's Park and Woods, called Winfarthing Park, and Hulverwood, in the County of Norff.) were served with the Order of the House of Peers, dated the 15th of June last, as they themselves did acknowledge, and yielded Obedience thereunto; yet, nevertheless, were brought on, and induced to go on with the said Work again, by the Instigation of Nicholas Danes and Rob't Becroft, the said Becroft being the Man that first set them on Work, and pays them their Wages."

Hereupon this House Ordered, That the aforesaid Rob't Becroft, Nic. Daynes, shall be attached, and brought (fn. 4) before this House, to answer their Contempts.

Letter to the Lord General.

The House was adjourned during Pleasure; and the Committee withdrew, to consider of the Letter to be sent to the Lord General.

And the House being resumed;

It was reported, "That the Committee have voted, That they think it not fit (fn. 5) to pass the Letter as it came from the House of Commons, therefore made some Alterations therein; which being voted at the Committee, the Votes were equal, and so nothing could be determined there, which was submitted to the Judgement of this House."

And the House caused the said Letter, with the Alterations, to be read.

And the Question being put, "Whether this Letter brought from the House of Commons shall pass, with the Alterations now read?"

It was Resolved in the Affirmative.

Committees of Sequestration for Lincoln.

"The Lords and Commons assembled in Parliament do nominate and approve of Sir Richard Erle Baronet, Francis Peirpoint, Mountague Cholmeley, Francis Fynes, Norris Cave, Henry Pelham, Wm. Savill, Wm. Disney, Edmond Ellis, Thomas Cornwallis, Mollineux Disney, Colonel Edward Rossitcr, Charles Hall, Wm. Godfrey, Henry Massinberd, Thomas Welcomb, Humfrey Walcott, Thomas Copledike, Samuell Cust, Francis Missendyne, Wm. Woolley, Alexander Emerson, and Peter Ashton, Esquires, Mr. Thomas Irby, Mr. Wm. Hobson, Mr. Will'm Bury, Mr. Will'm Luddington, Mr. Draynerd Massingberd, Mr. William Thompson, Mr. Wm. Lister, Mr. Edward Nelthorpe, Mr. James Trollopc, Mr. John Browne, Mr. Thomas Askham, Mr. Isaack Knight, Mr. John Disney, Mr. Charles Empson, Mr. Wyatt Parkins, and Mr. Thomas Nethercotts, to be added to the Committee of Sequestrations for the County of Lincolne."

(fn. 6) "An Ordinance of the Lords and Commons assembled in Parliament, for putting the associated Counties of Suffolk, Norfolk, Essex, Huntington, Hertford, Cambridge, Lincoln, the Isle of Ely, and the Cities of Lincoln and Norwich, into a Posture of Defence, by the better regulating of the Trained Bands, and raising other Forces of Horse and Foot, for the Preservation and Safety of the said Counties and Cities.

Ordinance for putting the associated Counties of Essex, Suffs, Norffs, &c. into a Posture of Defence, and raising an Army there.

"The Lords and Commons assembled in Parliament, taking into their serious Consideration the sad and manifold Oppressions and Miseries that now do threaten the utter Ruin and Desolation of this Kingdom in general, and the Counties of Norfolk, Suffolk, Essex, Cambridge, Hertford, Lincoln, Huntington, the Cities of Norwich, Lincoln, and Counties of the same, and the Isle of Ely in particular; and how necessary a Thing it is, that all Men well-affected, having any Bowels of Compassion towards their afflicted Country, should, in these Times of imminent Danger, put themselves into a Posture of Defence, by raising of Forces both of Horse and Foot, for the Defence and Safety of the said associated Counties and Cities from the Invasion and Fury of the Irish Rebels, Popish and ill-affected Persons, who seek the Ruin and Destruction of the whole Kingdom in general, and the said associated Counties in particular:

"Be it Ordained and Declared, by the Lords and Commons assembled in Parliament, and by the Authority of the same, That, for the Intents and Purposes beforementioned, the said associated Counties and Cities shall forthwith be put into a Posture of Defence, and shall raise Forces of Horse and Foot, for the Defence of the said Association; and that the Lord Lieutenants or Deputy Lieutenants of the said several and respective Counties and Cities, or any Two or more of them, shall forthwith, after Notice or Receipt of this Ordinance, issue out their Warrants to the Constables and Overseers of the several Parishes, or to any Two or more of the most able and fitting Persons of the Parishes, within every respective Hundred or Division, thereby requiring them, at certain Times and Places presixed, to deliver unto them a List or Schedule of the Names of all Persons, within their several and respective Parishes, from the Age of Sixteen to Sixty (being of Ability of Body), and of all other Persons whatsoever worth an Hundred Pounds or more in Lands or Goods; and of all Horses and Mares above Four Years of Age, and the Names of the Owners; and of all Arms, Guns, and other useful Weapons for the War, with the Names of the Owners of them, except such Horses, Men, and Arms, as are now, or shall be hereafter, listed in the Trained Bands and Trained Troops; and that the said Lord Lieutenants, Deputy Lieutenants, or any Two or more of them, shall hereby have Power to charge the said Parties with Horse and Arms, so as no Person be charged with a Harquebussier, or Light-horse, uniess he hath One Hundred Pounds per Annum in Lands, or be worth One Thousand Two Hundred Pounds in Goods and Lands; nor with a Dragoon, unless he be worth Four Hundred Pounds in Goods, or FortyPounds per Annum in Lands; nor with a Foot Arms, unless he be worth One Hundred Pounds in Goods, or Ten Pounds per Annum in Lands.

"And be it further Ordained, That all Persons wellaffected, being charged and listed to serve as aforesaid, or the major Part of them, shall, within their several and respective Divisions, forthwith, and so from Time to Time as Cause shall be, propound and nominate all Colonels, Lieutenant Colonels, Serjeant Majors, and Captains, over them, being Men of Ability, and Men well-affected; which said Officers, being approved and allowed of by the Lord Lieutenants or Deputy Lieutenants, or any Three or more of them, within their respective Counties and Cities, shall have Commissions accordingly.

"And be it further Ordained, That all and every Person or Persons whatsoever, which shall, by virtue of this Ordinance, be charged to provide Horse or Arms as aforesaid, shall, every Month after they are so charged, pay to the Treasurers appointed by the Deputy Lieutenants, or any Two of them, for the several and respective Counties, the several Sums of Money following; videlicet, every Horse Twelve Pence, every Foot Six Pence, towards the providing of Trumpets, Drums, Colours, and other Charges incident to the said Service.

"Provided always, That this extraordinary Charge and Imposition of Arms do not continue any longer than during these Times of imminent Danger; and that it shall be no Precedent for the future.

"Provided also, That no Member of either House of Parliament, nor their menial Servants, nor any of the Assistants of either of the said Houses, be charged by this Ordinance; but that it be left to his or their good Affection, what they will do in this Service.

"Provided also, That if any Person or Persons whatsoever shall be over-charged by the said Lord Lieutenants, or Deputy Lieutenants, or any Two of them, of the respective Counties or Cities, that then the said Lord Lieutenants or Deputy Lieutenants, or any Three or more of them, of the respective Counties or Cities, shall hereby have Power to ease such Person or Persons over-charged, as in their Discretions they shall think fit; and if any Officers or Soldiers of the Trained Bands or Troops have heretofore, since the First of August, in the Year of our Lord 1643, refused or neglected, or if they, or any other Forces of Horse or Foot, to be raised at any Time hereafter, shall refuse or neglect, upon Summons, according to this or other Ordinance of Parliament, to attend their Charges and Duties in their several and respective Places, or to appear with their Horse and Arms, or to send some other Men, with such Horse or Arms as they are or shall be charged withall, every such Defaulter, for every such Offence, shall be fined by the said Lord Lieutenants, Deputy Lieutenants, or any Two or more of them, not exceeding the Sum of Twenty Pounds; and if any Person or Persons, in the said several and respective Counties, who, by a former Ordinance of Parliament, may be impressed, have been, are, or hereafter shall be, charged, by the said Lord Lieutenants, Deputy Lieutenants, or any Two of them, to serve in the Arms of any Person or Persons charged as aforesaid to find Arms or Horse, do or shall refuse or neglect to appear at Musters, or to serve upon such Horse, or in such Arms, he or they so refusing or neglecting shall, by the said Deputy Lieutenants, or any Three or more of them, be fined, not exceeding the Sum of Forty Shillings, and imprisoned till the said Fine be paid, and the Person or Persons so refusing have conformed themselves unto the said Service.

"And it is Ordained, That the Lord Lieutenant, or Deputy Lieutenants, or any Three or more of them, or the Standing Committee of the several and respective associated Counties, may imprison all such as shall be mutinous, or Disturbers of the Peace, and may fine them, not exceeding the Sum of Five Pounds; and that it shall be lawful for the said Lord Lieutenants, or Deputy Lieutenants, or any of them, to draw together the Troops and Companies which are to be raised by virtue of this Ordinance, or any Part of them, and, with the Consent of the major Part of the said Troops and Companies, to conduct and lead, by themselves or by such as they or any Three or more of them shall appoint, into any of the said associated Counties; and with them to oppose, resist, kill, and slay, all such as in any hostile Manner declare themselves as Enemies to the King, Parliament, and Kingdom; and that it shall and may be lawful for the said Lord Lieutenants or Deputy Lieutenants, or any One of them, in their several and respective Counties, to charge Carts, Carriages, and Horses, for the necessary Service of the Parliament, allowing for every Cart with Five Horses after the Rate of Twelve Pence per Mile Outward only, and so rateably for more or fewer Horses; and for every single Horse after the Rate of Two Pence per Mile Outwards only; and in case any shall refuse, upon reasonable Notice, to provide their Carts, Carriages, or Horses, to be made Use of for the Service aforesaid, it shall be lawful for the said Deputy Lieutenants, or any One of them, to imprison the Owners of the said Carts, Carriages, or Horses, or to impose a Fine upon them, not exceeding the Sum of Ten Pounds.

"And be it Ordained, That the Petty Constables and Overseers of the Poor, of the several Parishes within the said respective Counties, and such other Persons as shall be nominated by the Deputy Lieutenants of the said Counties, or any Two of them, shall be the Collectors of all Sums of Money as shall, by virtue of this Ordinance, be imposed or set upon any Person or Persons within their said Parishes; and, for their Pains, they shall be allowed Two Pence in the Pound for all Monies so by them collected and levied; which said Sums of Money, so to be set and collected as aforesaid, shall be paid to the High Constables of the several Hundreds within the said respective Counties, and in Corporations to the Mayor or other Head Officer of the said Corporations; who also shall have Two Pence in the Pound allowed unto them for their Pains of making out their Warrants, and receiving and paying over the said Monies to such Treasurer or Treasurers as shall be appointed in the several Divisions, by the Deputy Lieutenants of the several and respective Counties, or any Two or more of them, who are to issue forth the same for the Use and Service of the several and respective Counties, by the Vote of the major Part of the respective Deputy Lieutenants present, or any Three of them present, and by their Order, in Pursuance thereof, under their Hands, and not otherwise: And the said Treasurers are hereby required to keep a perfect Accompt of all such Monies as they shall receive and pay by virtue of this Ordinance, and to deliver Copies of their said Accompts unto the Standing Committee of their said several and respective Counties; and the said Treasurers, for their Charge and Pains, shall likewise be allowed Two Pence in the Pound for all such Sums of Money as they shall receive and issue forth by Authority as aforesaid; and if any Person or Persons chargeable by this Ordinance shall not, within Six Days after Demand or Notice to be left at their Dwelling-house, or usual Place of Abode, pay the Sum or Sums on him or them assessed or set as aforesaid, it shall be lawful for the said Collectors, any One or more of them, to levy the Sum by Way of Distress and Sale of the Goods of the Person and Persons so assessed or fined, and, in Case of Resistance, to call to their Assistance any of the Trained Bands or Companies of Voluntiers, or other Forces of the said respective Counties, who are hereby required to be aiding and assisting to the said Constables or other Collectors in the Premises, as they will answer the contrary; and if any Person or Persons, which shall be assessed or fined as aforesaid, shall refuse or neglect to pay either their Assessment or Fine, to the Constables or other Collectors appointed, within Twelve Days after it shall be demanded, the Lord Lieutenants or Deputy Lieutenants, or any Two or more of them, upon Return of the Names of such who shall so refuse or neglect, shall charge the said Person or Persons with Double as much as he or they were assessed or fined; and if the said Persons shall refuse or neglect to pay the said Sum so doubled within Twelve Days after it shall be demanded, that it shall be lawful for the said Lord Lieutenants, or Deputy Lieutenants of the said respective Counties, or any Two or more of them, to commit the Person or Persons so refusing or neglecting to Prison; and in case the said Treasurers, High Constables, Petty Constables, Overseers of the Poor, or other Collectors to be nominated as aforesaid, shall refuse or neglect to levy and receive the Sums of Money to be assessed and set by virtue of this Ordinance, it shall be lawful for the said Lord Lieutenants, or Deputy Lieutenants, or any Two or more of them, of the several and respective Counties, to fine the said Treasurers, High Constables, and Collectors, not exceeding the Sum of Twenty Pounds, to be levied upon them by Way of Distress and Sale of their Goods, and by such Person or Persons as shall be appointed by the said Deputy Lieutenants, or any Two or more of them.

"Provided always, That the Forces to be raised by virtue of this Ordinance shall not be carried out of the said several and respective Counties wherein they are or shall be raised, otherwise than as before in this Ordinance is declared, without the Consent of the said Lord Lieutenants, Deputy Lieutenants, and Committees, of the several and respective Counties, or the greater Part of them.

"Ordered, by the Commons assembled in Parliament, That this Ordinance be forthwith printed and published.

"Henry Elsyng, Cler. Parl. D. Com."

Adjourn.

House adjourned till Friday Morning next, at 9^a Clock.