House of Lords Journal Volume 7: 3 April 1645

Die Jovis, 3 Aprilis.

Prayers, by Mr. Newcomen.

Ds. Grey de Warke, Speaker.

Ordinance for Protection of Wind for Great Park.

An Ordinance for Protection of the Great Park at Windsore, was read Thrice, and Agreed; and Ordered to be sent to the House of Commons, for their Concurrence.

Raystrick's Petition, for Redress against Colonel Stepkin, for wounding his Wife.

Upon reading the Petition of Robert Raystricke; complaining, "That Colonel Peter Stepkin hath dangerously wounded his Wife; and desires he may be permitted to take the Benefit of the Law against him for it."

Colonel Stepkin freed from his Arrest, but Raystrick Leave to proceed against him.

It is Ordered, That the said Colonel Stepkins shall be released from his Imprisonment, according to the former Order of this House, and have his Privilege as One in Actual Service of the Parliament, for what concerns his Debts; but as concerning his wounding of Jane Raystricke, this House leaves him to be proceeded against according to the Law, and as he hath put in Security before Sir John Wollaston so to do.

Ordinance for raising Money in Lincolnshire.

Next, the Ordinance for raising Monies upon the County of Lyncolne, for the Service of that County, was read the Second and Third Time, and Agreed to.

(Here enter it.)

Remainder of the Money belonging to Mr. Wincupp, that was seized by Captain Taylor, to be restored.

The House was informed, "That Eleven Hundred and Eleven Pounds, Nineteen Shillings, and Seven Pence, (fn. 1) Money belonging to Mr. John Wincupp, of Laughton, in Lyncolncshire, was formerly seized, in a Wherry, by Captain John Taylor, and by him delivered into the Hands of the Treasurers upon Propositions for Money and Plate in London;" and whereas the Committee for the Safety directed their Warrant, 24 August, 1643, to the Treasurers of Propositions, for the returning of the said Money unto the said Mr. Wincupp, and that the said Treasurers deny to pay One Hundred and Twenty-one Pounds, Two Shillings, Part of the same, for that the said Captain Taylor received so much of it by their Lordships Warrant, it was Ordered, by the (fn. 2) Committee of the Safety, that the said One Hundred and Twenty-one Pounds, Two Shillings, should be paid to the Earl of Lincolne; the said Mr. Wincupp, who is Tenant to the said Earl, having assigned the same unto him, for Rent due unto his Lordship; and because the said One Hundred and Twenty-one Pounds, Two Shillings, hath not been paid according to the said Order: It is Ordered, That it be recommended to the House of Commons, by the next Message, that Sir Gilbert Gerard may be Ordered to pay the said One Hundred and Twenty-one Pounds, Two Shillings, to the Earl of Lincolne.

Ordinance concerning Rutland.

Ordered, That the Ordinance concerning Rutlandshire shall be taken into Consideration To-morrow.

Ordinance to exclude Members of either House from holding Offices.

Next, the House was adjourned into a Committee during Pleasure, to consider of the Ordinance for discharging the Members of both Houses from enjoying any Office, Military or Civil.

The House being resumed, the said Ordinance was read the Third Time, and unanimously Agreed to.

(Here enter it.)

Conference to be had about it.

And it was Resolved, by the House, To have a Conference, to acquaint them with the passing this Ordinance.

Committee to prepare Heads for it.

Ordered, That these Lords following shall draw up and prepare what they think fit to present to this House, to be offered to the House of Commons, at a Conference, when they are acquainted with the passing of this Ordinance, upon those Particulars as were in Debate in the House this Day, or any Thing else as they shall think fit:

Any Five, to meet this Afternoon, at Five of the Clock, and when afterwards they please.

Any Lord as will come is to have Vote.

Messtenes Gray a Pass.

Ordered, That Mr. Wm. Grey, and Mr. Thomas Grey, with Four Servants, (fn. 3) and their Trunks, shall have a Pass, to go beyond the Seas.

Protectiontion for Lady Wottons Seat near Canterbury.

Upon reading the Petition of Hester Viscountess Campden: It is Ordered, That an Order shall be granted, to prohibit the cutting of Trees, about a House of the Lady Wottons her Mother, called, near Canterbury, the cutting down whereof will desace and blemish the Seat.

Lieutenant Wells freed from his Arrest.

Ordered, That Lieutenant Welles shall be forthwith released from his Imprifonment, he being in actual Service of the Parliament.

Ordinsnce for raising Monies in the County of Lincoln.

"Whereas the County of Lincolne hath raised a considerable Number of Horse, Foot, and Dragoons, for their necessary Defence, and must be at great Charges in maintaining the same, and in providing other Things requisite for the Defence and Safety of the said County, and, without the raising of Monies to defray the Charge, the County cannot be preserved in such Safety as is necessary: It is therefore Ordained, by the Lords and Commons in Parliament assembled, and by Authority of the same, That, for the Intents and Purposes aforesaid, there shall be Monthly charged, rated, taxed, and levied, upon the said County, from the First of January, 1644, the Sum of Two Thousand and Eight Hundred Pounds, until the First of July, 1645 († if in the mean Time the Two Garrisons of Newarke and Belvoyer shall not be reduced to the Obedience of the King and Parliament): And be it further Ordained, That every Person and Persons that were, or ought to be, assessed or taxed, by virtue of an Ordinance of Parliament, intituled, "An Ordinance for raismg and maintaining of Forces, for the Defence of the Kingdom, under the Command of Sir Thomas Fairefax Knight, "shall be assessed and taxed by this present Ordinance in the same Manner as they are, or ought to be, assessed and taxed by virtue of the before-mentioned Ordinance; and shall be liable to as great Forfeitures and Penalties for not paying the Sam or Sums to be assessed upon them, as they should or mrght have been if the same had been assessed by the before-mentioned Ordinance; and the Persons or Committees named in the said Ordinance, together with William Oldfeild, James Harrington, Thomas Williamson, John Welthorpe, Humphrey Walcott, Thomas Copledicke, William Lister, Edward Nelthorpe, and Richard Williamson, Esquires, Michaell Munckton Gentleman, Francis Fisher, Barnaby Bontell, Esquires, William Thompson, Richard Filkin, William Davison, John Disney, Richard Bryan, John Wincopp, and Nebemia Rawson, Gentlemen, are, by virtue hereof, added to them, for the assessing, collecting, and levying of the said Monies, in the said County; are named and trusled in thrs Ordinance, and have as full Power and Authority given them, by this Ordinance, to nominate and appoint Collectors and Assessors, and to levy, distrain, fine, and imprison, and sequester, as they, or any of them, have by virtue of the said last mentioned Ordinance; and if any Person or Persons shall sind him or themselves aggrieved at any Assessment made by virtue of this Ordinance, and shall make their Complaint unto any Three or more of the Committee before whom the Assessment was allowed, that then the said Committee, or any Three or more of them, shall have Power hereby to do therein what shall be sit.

"And the said Collectors shall pay the several Sums by them collected and levied unto William Bury Gentleman, Treasurer, who is to issue forth the same for the Use and Service of the said County, by the Vote of the major Part of the Deputy Lieutenants, or any Three of them present, and by their Order, in Pursuance thereof, under their Hands, and not otherwise: And it is further Ordained, That Two Pence Half-penny in the Pound shall be allowed for every Sum of Money which shall be collected and paid, whereof One Penny shall be for the several Collectors, One Penny for the said Treasurer, and One Half-penny for the Clerks Pains; and the Treasurer aforesaid shall keep a Register-book of the several Sums received and paid out by him; and the said Committees, or any Three of them, shall have hereby Power and Authority given them, to call all Treasurers, Collectors, and others, that have, or at any Time shall be thought to have, any of the said Monies in their Hands, to an Accompt; and if any of them shall refuse to accompt, or to pay in the Monies wherewith they are charged, that the said Committees, or any Three of them, shall fine them Double the Sum charged upon them; which if it be not paid within Six Days after the Sum is set, and Notice thereof left at his or their Dwelling-house, it shall be lawful to and for the said Committee to issue their Warrants, to distrain for the same; and if there be not sufficient Distress wherewith to satisfy, [ (fn. 5) then the said Committees] may imprison the Offender herein, and sequester his Estate, until the Money charged and the Fine set be levied and paid; and in case the said Treasurer or Collectors shall refuse or neglect to levy or receive the Sums of Money to be assessed and set by virtue of this Ordinance, it shall be lawful for the said Committees, or any Three of them, to fine the said Treasurer or Collectors, not exceeding the Sum of Twenty Pounds, and to levy the same by Way of Distress and the Sale of their Goods, or by Imprisonment, as they shall think fit: And it is further Ordained, That there shall be Five of the aforesaid Committee constantly residing in the said County, the First Five to be nominated by the Committee now residing at Lincolne, who are to meet upon Notice given unto them, or left at their Dwellings, Six Days before; and they to continue One Fortnight, and then Two of them to be released, and the other Two upon like Notice by them to be nominated and appointed to come into their Rooms; and then, at the Month's End, the other Three to be released, and Three more upon like Notice by them to be nominated and appointed to come in their Rooms; and so successively to go through the whole Committee: And it is further Ordained, That the said Committee shall have Power to receive, out of the Revenues belonging to the Cathedral Church of Lincolne, Three Hundred Pounds Yearly, which they are to pay and allow to such Ministers as shall continue with them in the City of Lincolne, and bestow their Pains there, until Two able Ministers shall be settled there, according to the Order of the House of Commons in that Case lately made.

"Provided always, That this present Tax and Levy shall not extend to the Inhabitants or Towns and Places of Malberthorpe, Withurne cum Staine, Strooby cum Woodthorpe, and Maltby, in respect of their great Loss lately sustained by (fn. 5) the Inundation of the Sea."

"An Ordinance for the discharging of the Members of both Houses from all Offices, both Military and Civil.

Ordinance to exclude Members of either House from holding of Offices, Civil or Military.

"Be it Ordained, by the Lords and Commons assembled in Parliament, That all and every of the Members of either House of Parliament shall be, and by Authority of this Ordinance are, discharged, at the End of Forty Days after the passing of this Ordinance, of and from all and every Office or Command, Military or Civil, granted or conferred by both or either of the said Houses of this present Parliament, or by any Authority derived from both or either of them, since the Twentieth Day of November, 1640: And be it further Ordained, That all other Governors and Commanders of any Island, Town, Castle, or Fort, and all other Colonels, and Officers inferior to Colonels, in the several Armies, not being Members of either of the said Houses of Parliament, shall, according to their respective Commissions, continue in their several Places and Commands, wherein they were employed and intrusted the Twentieth Day of March, 1644, as if this Ordinance had not been made; and that the Vice Admiral, Rear Admiral, and all other Captains and other inferior Officers in the Fleet, shall, according to their several and respective Commissions, continue in their several Places and Commands, wherein they were employed and intrusted the said Twentieth Day of March, 1644, as if this Ordinance had not been made: Provided always, and it is further Ordained and Declared, That, during this War, the Benefit of all Offices, being neither Military nor Judicial, hereafter to be granted, or any Way to be appointed, to any Person or Persons, by both or either House of Parliament, or by Authority derived from thence, shall go and inure to such Public Uses as both Houses of Parliament shall appoint; and the Grantees, and Persons executing all such Offices, shall be accountable to the Parliament for all the Profits and Perquisites thereof, and shall have no Profit out of any such Office, other than a competent Salary for the Execution of the same, in such Manner as both Houses of Parliament shall Order and Ordain: Provided, That this Ordinance shall not extend to take away any the Power and Authority of any Lieutenancy, or Deputy Lieutenancy, in the several Counties, Cities, or Places; or of any Custos Rotulorum; or of any Commission for Justice of Peace, or Sewers; or of any Commission of Oyer and Terminer, or Gaol Delivery: Provided always, and it is hereby Declared, That those Members of either House, who had Offices by Grant from His Majesty before this Parliament, and were by His Majesty displaced sitting this Parliament, and have since by Authority of both Houses been restored, shall not by this Ordinance be discharged from their said Offices, or Profits thereof; but shall enjoy the same, any Thing in this Ordinance to the contrary thereof notwithstanding."