House of Lords Journal Volume 7: 12 October 1644

Die Sabbati, 12 die Octobris

Prayers, by Mr Bowles

Ds North, Speaker this Day

Mrs Bast wicks Petition for Money due to her Husband

Upon reading the Petition of Susanna Wife of Dr Bastwick, now close Prisoner in Knasborough Castle,, in Yorkshire, shewing, "That there is One Hundred and Ten Pounds, Five Shillings, now due to her Hus band, for One and Twenty Weeks Pay, and desires the same may be paid to her"

Hereupon this House Ordered, To recommend this Petition to the House of Commons, that the said Hundred and Ten Pounds may be paid her

Message to the H C with it, and for a Conference on Col Massey s Letter,

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr Page

To desire a present Conference, in the Painted Chamber, touching a Letter received from Colonel Massey

and about the Countess of Peterborough's House being searched.

2. Touching the breaking open the Countess of Peterborough's House, which concerns the Privilege of the Peers.

3. To deliver the Petition of Mrs. Bastwicke, with Recommendations, that they would take it into speedy Consideration.

Ordinance for raising Money on the King's Plate in The Tower.

Next, the Ordinance concerning the King's Plate in The Tower of London was read Twice; and it is Ordered to be committed to these Lords following:

Any Five, to meet on Monday Morning next, at Nine of the Clock, in the Lord Keeper's Lodging.

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

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 Order for disposing Sir James Palmer's Goods. Agreed to, with a Proviso concerning the Earl of Denbigh.

2. An Order to pay Two Hundred Pounds, for the Service (fn. 1) of Hurst Castle. (Here enter it.)

Agreed to.

3. An Order concerning the Commanders and Soldiers of the City Brigade, to repair to their Rendezvous.

(Here enter it.)

Agreed to.

4. An Ordinance for an Assessment upon the County of North'ton, for the Preservation of that County.

(Here enter it.)

Agreed to.

5. An Ordinance for raising and levying of Monies, for the Advance and Maintenance of the Forces now to be sent forth, for the present Expedition from the City of London, &c. (Here enter it.)

Read Thrice, and Agreed to, and Ordered to be printed and published.

The Answer returned was:

Answer.

That this House will send an Answer, by Messengers of their (fn. 1) own, to the Ordinance concerning Sir James Palmer's Goods, and the Ordinance concerning levying of Monies for maintaining the City Regiments now going forth. To all the rest of the Particulars, their Lordships do agree to them.

Answer from the H. C.

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

That they will give a present Conference, as is desired.

Heads for the Conference about Colonel Massey's Letter; and about the Countess of Peterborough's House being searched.

The Matter of the Conference was to be, "To impart Colonel Massie's Letter to them, and recommend it to their Consideration, for the speedy supplying him with Monies, and other Necessaries and Supplies, which he wants; in regard of the Merit of the Man, the Consequence of the Counties of Monmouth and Pembrooke, in respect of the Supply they afford to Bristoll, and the Danger as may follow to the Public, if his Forces should disband for Want of Monies and other Supplies.

"And also to acquaint them, That one Henry Hartstounge hath been convented before this House, for breaking open the Doors of the Countess of Peterborough's House, though he was told it was her House before-hand, which this House resents, as a Violation and Breach of the Privilege of a Peer, and thinks the Offender fit to be punished for the same; but, understanding that the said Hartstounge is a Person employed by a Committee of their House, their Lordships think it fit to acquaint them first with it, and desire that he may be left to their Lordships Justice, and his Relation to them taken off."

Prynn's Cause.

Ordered, That Mr. Prynn's Cause shall be heard on Wednesday Morning, at this Bar.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Capt. Seppens's Petition, who was condemned by the Council of War, for writing a Letter to bettay Guernsey.

Upon reading the Petition of Captain Thomas Seppens; shewing,

That he hath been in the Service of the Parliament ever since his Excellency the Lord General's First Advance from hence, and hath hazarded his Life in divers Battles, at Keinton, Lichfield, and other Places; and that his last Employment was at the Isle of Garnesey, where he was within the Space of Seven Weeks most unhappily taken Prisoner by the Enemy, who detained him Ten Months, in which Time the Petitioner was often solicited (with Promise of Honour and Reward) to take up Arms on their Side; the which he refused, being he had wholly devoted himself to the Service of the Parliament; but neither hearing from his Friends, nor any Hopes at all of his Releasement (his Miseries increasing), and his Wife and Childrens Tears prevailing, the Petitioner, at the Solicitation of Colonel Cartwright, assented to write a Letter unto his Commander at Guarnsey, for which the Petitioner is by the Council of War to lose his Life.

"Now, forasmuch as the Petitioner had no real Intent to do any Injury to the Service of the Parliament, but only for the Procurement of his Liberty, for the further Service of the State, and Succour and Comfort of his poor Wife and Children; he humbly implores this House to take the Premises into Consideration; and that, out of their Lordships great Clemency, Mercy, and Goodness, to remit his Offence, and to grant him a Pardon, that he may spend the rest of his Days in the Service."

Reprieved.

Likewise the Earl of Denbigh informed this House of the Particulars of the Trial of the said Seppens; and, upon Debate, this Question was put, "Whether this House thinks it fit that the said Seppens shall be (fn. 2) reprieved?"

It was Resolved in the Affirmative.

Committee to draw up Reasons for it.

Hereupon this House appointed the Earl of Denbigh, the Lord Wharton, and the Lord Willoughby, to draw up the Reasons, to be communicated to the House of Commons, of their Lordships Opinion herein; and to desire their Concurrence therein.

E. of Chesterfield and Lord Newburgh's Assessment.

Next, was read the Order for the Assessment of the Earl of Chesterfield and the Lord Newburgh, for their Twentieth and Fifth Part.

And this House Agreed to the Ordinance, and for the assessing of the said Earl of Chesterfield; but their Lordships hold it not fit to assess the Lord Newburgh, in regard of his constant Attendance as an Assistant of this House, (fn. 3) and of his great Losses sustained.

Ordinance for raising Monies for Irish Affairs.

Next, was read Twice the Ordinance for raising Monies for Ireland Affairs; and it is Ordered to be committed to these Lords following:

Any Three, to meet on Monday next.

Burton's Petition, against a Sentence in the Star-chamber.

Upon reading the Petition of Mr. Burton, desiring he may be heard, concerning the vacating of the Sentence in the Star-chamber and High Commission Court against him: It is Ordered, That his Cause shall be heard in this House on Wednesday come Sevennight.

The Earl of Denbigh reported what the Committee had drawn up, concerning Captain Seppens; which was read, as followeth:

Ordinance for reprieving Capt. Seppens.

"Upon the Petition of Thomas Seppens, lately condemned in the Martial Court, for writing a Letter to betray Garnesey, do think him a Person fit for Mercy, in regard he wrote those Letters during a long Imprisonment under the Enemy; and the rather, because another is to suffer for the Endeavour of a Treachery of the same Nature; and that Major General Skippon hath given Testimony to the Council of War of the said Seppen's former good Service to the Parliament; and that he came in since his Release from the Enemy, to do the Parliament further Service: Upon these Considerations, the Lords and do Ordain, That the said Thomas Seppens (fn. 4) is hereby reprieved from the said Sentence; and that all whom this may concern are to take Notice of this Ordinance, and yield their Obedience accordingly."

Ordered, That this House approves of this Report of the Committee; and the Concurrence of the House of Commons to be desired herein.

Message to the H. C. with them, and other Particulars.

A Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page, consisting of these Particulars:

1. To let them know, that this House agrees to the Ordinance concerning the levying of Monies for the City Regiments.

2. To desire their Concurrence in an Addition and Proviso concerning Sir James Palmer's Jewels.

3. To desire Concurrence in the Business concerning the Agent of the Duke of Lorrayne.

4. To let them know, that this House agrees to the Ordinance for assessing the Earl of Chesterfield, leaving out the Lord Newburgh.

5. To desire them to give Expedition to the Ordinance concerning the Lord Fairefaix's Chaplain, Mr. Clarkeson.

6. To desire Concurrence in the Ordinance concerning Captain Seppens.

Order to preserve the Deer and Pales in Hyde Park.

Upon Information, "That the Soldiers do break down the Pales at Hyde Parke, and destroy the Deer:" It is Ordered, That an Order be granted, to command the Officers and Commanders to take Order, that no Spoil be made of the Deer or Pales in the said Park.

The Lord North reported the Answer, which the Committee hath thought fit to be returned to The States Ambassadors, concerning the accepting of their Mediation with the King for Peace; which Paper was read, but nothing now resolved therein.

Order for 200 l. for Husit Castle.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Two Hundred Pounds paid in by Mr. Say, at Habberdashers Hall, not yet disposed of, formerly directed by Order of the House of Commons to be paid as the Committee for the Four associated Counties of Hampshire, Sussex, Surrey, and Kent, should appoint, shall be now paid in to Captain Baxter, for the Service of Hust Castle."

Order for the Officers and Soldiers of the City Brigade to repair to their Colours.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That it be referred to the Commissioners of Martial Affairs, to take Notice of such Commanders and Soldiers of the City Brigade, now upon Advance, as shall not forthwith march to their Rendezvous, being entered into the Pay and Entertainment of the State; and to proceed against them by Martial Law, according to the Lord General's Articles in that Behalf: It is further Ordered, That the Committee of the Militia be acquainted with this Order and that they take (fn. 5) Care, that the Commanders and Soldiers do forthwith march to their Rendezvous."

Ordinance for a Weekly Assessment in Northamptonshire.

"It is Ordained, by the Lords and Commons in Parliament assembled, That William Lord Fitz Williams, Sir John Dreyden, Sir Christopher Yelverton, Sir Gilbert Pickering, Baronet, Zouch Tate, John Crewe, Richard Knightly, Esquires, Members of the House of Commons, Sir Rowland St. John Knight of the Bath, Sir Edward Nicolls, Sir John Norwich, Baronets, Sir Humphrey Orme, Sir Richard Samwell, Knights, Richard Knightly of Fawzley, Robert Mildmay, Edward Harby, Edward Only, John Cartwright, Phillip Holman, Richard Samwell, Edward Farmer, John Wirley, Edward Shugborrough, Edward Hanbury, William Lisle, Thomas Elmes, John Cleypoole, Francis Qarles, John Norton, John Breton, and John Thornston, Esquires, and the Mayor of the Town of North'ton for the Time being, or any Three or more of them, residing in the Town of Northampton, for the furnishing of Arms and Ammunition, making of Fortifications, and Payment of the Garrisons, Officers, and Soldiers, and other Public necessary Charges, for the Defence and Preservation of the said County from Plunder and Ruin, shall or may, from Time to Time, during the Space of Six Months, to commence from the Ninth Day of September, 1644, raise in the said County such Sums of Money, as shall be by them, or any Three or more of them, thought necessary for the Uses aforesaid, the same to be rated and assessed in like Sort as was the Four Hundred Pounds granted by Act this present Parliament, not exceeding the Sum of Six Hundred Pounds a Week; and, for the better levying of the said Sums of Money, the said Committee, or any Three or more of them then residing in the Town of Northampton, shall or may nominate and appoint Treasurers, Collectors, and Assessors, in the said County, for assessing, receiving, and collecting, the said Sums of Money; and shall and may grant Warrants, under their Hands, to any Constable, or other Person or Persons, as well Soldiers when Need shall require as others, to raise and levy the said Sums so to be assessed and taxed as aforesaid, upon all such Persons, upon whom any such Sums shall be so assessed and set, that do refuse or neglect; to pay the same, by Way of Distress and Sale of the Goods of the Persons so assessed and refusing; and Two Pence for every Shilling that shall not be paid upon Demand, to bear the Charge of those that distrain; and in Case any Opposition be made or no Distress can be found, the said Committee, or any Three of more of them, residing in Northampton as aforesaid, shall or may commit such Person or Persons refusing to pay, or not having a Sufficient Distress or be found as aforesaid, to some common Gaol within the said County, there to remain until Payment made of such Sum and Sums of Money as aforesaid; for which Sums so to be raised the said Committee shall be accountable to both Houses of Parliament, or such as they have appointed, and to none else; and if any shall refuse or neglect the Execution of such Warrants as shall be directed to them by virtue of this Ordinance, it shall be lawful for the said Committee residing as aforesaid, or any Three of them, to punish such Person refusing or neglecting, by Fine, not exceeding Five Pounds, to be levied as aforesaid: Provided, That where it shall appear to the said Committee, or any Two of them residing as aforesaid, that any Person hath been overrated to the Tax upon the Bill of Four Hundred Thousand Pounds, an Abatement may be made in the Tax of such Person, by the said Committee, or any Two of them residing as aforesaid, according to their Discretions: Provided also, That this present Ordinance shall be no Hindrance to Taxes made by any former Ordinance."

(fn. 6) "An Ordinance of the Lords and Commons assembled in Parliament, for the speedy raising and levying of Monies, for the Advance and Maintenance of the Forces now sent forth for this present Expedition, from the Cities of London, Westminster, and Liberties thereof, Borough of Southwarke, Hamlets of The Tower, and the Parishes mentioned in the Weekly Bills of Mortality.

"Die Sabbati, 12 Octob. 1644.

Ordinance to raise Money for the City Forces, going to join the Earl of Manchester.

"The Lords and Commons, taking into their Consideration the Necessity of sending forth some Forces from the City of London and Liberties thereof, and other Places mentioned in the Weekly Bills of Mortality; and that, for the better effecting thereof, the speedy raising of a competent Sum of Money within the City and Places aforesaid is requisite; have therefore Ordained, and be it Ordained by the said Lords and Commons, for the Intents and Purposes aforesaid, and to such further Purposes as are hereafter expressed, That there be forthwith raised the Sum of Two and Twenty Thousand Pounds, whereof the Sum of Seventeen Thousand Two Hundred and Fifty Pounds within the said City and Liberties thereof, and upon such Persons and Goods, wheresoever they are to be found, as are herein after expressed; and Four Thousand Seven Hundred and Fifty Pounds within the Hamlets of The Tower, City of Westminster, Borough of Southwark, and other Places mentioned in the Weekly Bills of Mortality, and upon such Persons and Goods, wheresoever they are to be found, as are herein also after expressed: And, for the more speedy and orderly raising thereof, it is Ordained, by the said Lords and Commons, That the Committee appointed by several Acts of Common Council for the gathering in of the Arrears, and the Four Aldermen appointed by Act of Common Council, dated the 27 of September last, or any Nine of them, whereof Three to be Aldermen, shall be a Committee, to assess the said Sum of Seventeen Thousand Two Hundred and Fifty Pounds, upon any such Person or Persons, being of Ability, as either now inhabit within the said City of London and Liberties, or that at any Time since the Beginning of this Parliament (being Freemen of London) did inhabit, or had since the Time aforesaid, whether free or not free of the City of London, or now have any Trade or Stock going within the same; and that the Sub-committees of the Militia heretofore appointed, within the Hamlets of The Tower, City of Westminster, Borough of Southwark, and Places mentioned in the Weekly Bills of Mortality, or any Seven of them respectively, shall be a Committee, to assess the said Sum of Four Thousand Seven Hundred and Fifty Pounds, within their several Limits and Precincts, upon any such Person or Persons, being of Ability, as either now inhabit within the several Places aforesaid, or that at any Time since the Beginning of this Parliament did inhabit, or had any Trade or Stock going, within the Limits and Places aforesaid: And it is Ordained, by the said Lords and Commons, That all and every such Person and Persons, being assessed by virtue hereof, and neglecting or refusing to pay the said several Sums so assessed within Ten Days after Notice given, or left in Writing, at his usual Habitation, or Place of Abode, or at the Dwelling-house or Place of Abode of any Partner or Factor of any Persons assessed, unto the several Committees, or the Treasurer or Treasurers by them appointed to receive the same, shall, by virtue of a Warrant from the Committee of Lords and Commons for Advance of Monies and other Necessaries for the Army, usually sitting at Haberdashers Hall (who are hereby authorized to make and give such Warrants unto such Person or Persons as shall be by the Committees nominated for that Purpose) be compelled to pay the said Sums so assessed, by Distress of the Goods and Chattels of such Person and Persons so neglecting or refusing to pay the same; which said Goods so distrained shall be sold by the said several and respective Committees appointed by this Ordinance for the Service aforesaid; and if any Person or Persons shall neglect or refuse to make Payment of the Sum or Sums so assessed and demanded as aforesaid, until a Distress shall be taken for the same, that then every Person and Persons so neglecting or refusing as aforesaid shall pay such reasonable Charge, for every such Distress, Removal, and Sale, of his or their Goods, as the said several Committees shall respectively allow or appoint, to be employed for the better Execution of this Ordinance; and, if no sufficient Distress can be found, that then every such Person and Persons shall, by virtue of such Warrant from the said Committee of Lords and Commons to be made as aforesaid, be committed to safe Custody, there to remain until such Person or Persons shall satisfy the said several Sums assessed upon them by virtue of this Ordinance: And the said several Committees, appointed by virtue of this Ordinance for the Service aforesaid, are hereby further authorized and enabled to call to their Assistance (for the better Execution and Performance of this Ordinance) any Person or Persons as they shall think fit.

"And it is further Ordained, by the said Lords and Commons, That the several Sums of Money assessed as aforesaid shall be brought unto the said several Committees, or to such Treasurer or Treasurers as shall be by them appointed to receive the same; which Money, so paid to the said several Committees, Treasurer or Treasurers, as aforesaid, shall be delivered to such Treasurer or Treasurers as the Court of Common Council shall appoint, and by him or them issued and paid out, by virtue of Warrants from the Committee of the Militia of the City of London, for the Satisfaction and Maintenance of the said Forces, to be sent forth in the present Expedition as aforesaid, according to their Musters, and the late Establishment of the Lord General's Army; and the Surplusage shall be paid and disposed as both Houses of Parliament shall direct, and not otherwise, excepting only what shall be issued out for such necessary Charges for the collecting and gathering in of the said Monies as the said several Committees shall think fit, not exceeding Six Pence in the Pound: And the said Lords and Commons do Ordain, for the Encouragement and Security of such Persons as shall advance any Sum of Money by virtue thereof, that they shall be re-paid, with Interest, out of the Receipt of the Excise; and that no Ordinance nor Assignment, which is not already passed upon the Receipt of the Excise, shall precede this Ordinance; and do therefore hereby authorize the said Commissioners of the Excise and new Impost (for the Time being) to pay, at the End of Six Months, the Interest of so much Monies as shall be advanced by virtue hereof, after the Rate of Eight Pounds per Cent. per Annum; and the Principal Money, and the rest of the Interest after the Rate aforesaid, shall be paid, in due Course, into the Hands of such Treasurer or Treasurers as shall be appointed by Common Council, whose Receipt shall be their sufficient Discharge, and by the said Treasurer or Treasurers issued out to such Persons as did advance the same: And it is Ordained; That all Mayors, Sheriffs, Captains, Lieutenants, Bailiffs, Constables, and all other Officers and Soldiers, shall be aiding and assisting to the said Committees, and all such Officers as shall be employed by them, for the better Execution and Performance of the said Service.

"And the said Lords and Commons do further Ordain, That the said Committee for the Militia shall, from Time to Time, give Accompt to both or either Houses of Parliament, or to whom they shall direct, how they have caused the said Monies to be issued out.

"And it is lastly Ordained, That whatsoever any Person or Persons shall do in Pursuance of this Ordinance, he and they shall be saved harmless for the same, by Authority of both Houses of Parliament.

"Provided, That no Person or Persons shall be assessed by virtue of this Ordinance, that shall take his Corporal Oath, before the said Committee of Lords and Commons at Haberdashers Hall, or such as they shall appoint, who are hereby authorized to take and administer the same, that he is not worth, in Personal and Real Estate, and good Debts, the Sum of One Thousand Marks: Provided always, That no Member nor Assistant of either House of Parliament shall be liable to this Assessment.

"Die Sabbati, 12 October, 1644.

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

"Joh. Browne, Cler. Parliamentorum."

Adjourn.

House adjourned till 9^a, Monday next.