House of Lords Journal Volume 7: 16 May 1645

DIE Veneris, 16 die Maii.

PRAYERS, by Mr. Carryll.

Ds. Grey de Warke.

Sir H. Compton, committed for Delinquency, Petition for a Protection against Actions of Debt.

Upon reading the Petition of Sir Henry Compton Knight; shewing, "That he being committed for Delinquency by the Parliament; (fn. 1) many Persons, taking an Occasion of his Imprisonment, do lay many Actions upon (fn. 2) him for other Mens Debts; therefore he desires to be protected from those Suits."

It is Ordered, That the said Petition is referred to Mr. Justice Reeves and Mr. Justice Bacon, to certify to this House (fn. 3) what the usual Course is in their Courts, in Things of this Nature.

Edwards, the Earl of Suffolk's Receiver in Shropshire, imprisoned by the Committee there, to be released and brought up.

Upon reading the Petition of Frances the Wife of Thomas Edwards, of Kilhendry, in the County of Salop, Esquire; shewing, "That, about September, 1644, the Earl of Suffolke did appoint the Petitioner's Husband to be Receiver of the Revenues of the Manor, Rectory, and Hundred, of Oswestry, in the said County; some of the Committee at Wem, conceiving Displeasure against him, did, in December last, send for him by Warrant, and detain him there Prisoner, contrary to the Law, themselves being Accusers and Judges, upon wrong Suggestions, and not admitting of sufficient Bail, tendered by Colonel Mytton and others; and they have endangered his Life by his long Restraint, yet continued; and although the Earl of Suffolke hath wrote to the Committee for his Enlargement; and this House Ordered, the 25th Day of March last, that he, being imprisoned contrary to the Privilege of Parliament, should be released of his Restraint upon Sight of that Order; nevertheless, they have disobeyed the said Order, for that a Messenger was not sent from this House with the same, and for other Pretences."

It is Ordered, That the Gentleman Usher, or his Deputy, shall go down with this Order, and bring up the said Edwards to appear before this House; and the Committee at Shrewsbury are to send up the Causes of his Imprisonment.

E. of Denbigh to have the Lodgings at the Wardrobe.

Ordered, That the Lodgings at the Wardrobe, wherein the late Earl of Denbigh lodged, shall be assigned to the now Earl of Denbigh, to live in.

Cable and Cross.

Ordered, That the Cause between Cable and Crosse and others is hereby referred to the due Course at Law.

Dorrington and Griffith.

Upon reading the Petition of Doctor Dorrington; shewing, "That a Business between him and Griffith was referred, by the Chancery, formerly to divers Merchants in London; and because most of the Commissioners are now dead, he desires some more Commissioners be added."

It is Ordered, The Petitioner be referred to take his Relief in the Chancery.

Countess of Sussex's Fishery at Burnham, alias Wallslet.

Upon hearing the Counsel of the Countess of Sussex, and the Persons that were sent for up by this House for disobeying their Lordships Order, in disturbing the quiet Possession of the said Countess in Burnham Waters; and it being alledged, by the Defendants Counsel, "That the Defendants did fish in Uray Sands, and not in Burnham Waters, which are out of the Verdict."

It is Ordered, That it be referred to Mr. Serjeant Fynch, to call the Counsel on both Sides before him, and examine how the Suit was laid, whether the Verdict be for the whole Water, or for Burnham Water only, and report the same to this House.

Message from the H. C. with an Order.

A Message was brought from the House of Commons, by Mr. Sam. Browne, &c.

To desire their Concurrence in an Order for Four Hundred and Ninety Pounds to be paid to Mr. Frost, upon Accompt. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to this Order now brought up.

Dr. Raynbow, a Pass to Holland.

Ordered, That Doctor Edward Raynbow shall have a Pass, to go into Holland.

Instructions for the Army Commissioners.

The Instructions for the Commissioners residing in the Army were read, and Agreed to. (Here enter them.)

Committees to go to the Common Council, about Subscriptions for Oxon, Berks, and Bucks.

The Lord Wharton reported to this House, "That the Committee of the Three Counties of Oxon, Berks, and Bucks, went Yesterday to the Militia in London, about the Subscriptions for the Taking of Oxford; and the City thought it a Business of that Consequence, that they resolved this Afternoon to call a Common Council."

Hereupon it was moved, "That the Members of both Houses that are of that Committee may go to the Common Council this Afternoon, to give a Credit and Countenance to that Business."

Ordered, That the Earls of Sarum and Bolingbrooke are added to the Committee of the Three Counties of Oxon, Bucks, and Berks.

Message from the H. C. for Major Ashherst to be Governor of Liverpool; and with Ordinances, &c.

A Message was brought from the House of Commons, by Mr. Nicolls;

To desire their Lordships Concurrence in these Particulars following:

1. That Major Ashberst be Governor of Leverpoole. Agreed to.

2. An Ordinance for One Thousand Pounds for Colonel Fienne's Regiment of Horse.

(Here enter it.)

Agreed to.

3. An Ordinance for Four Hundred Pounds for the Munster Officers. (Here enter it.)

Agreed to.

4. An Ordinance for Three Thousand Pounds to the Scotts Officers in Ireland. (Here enter it.)

Agreed to.

5. To desire Expedition in the Instructions for the Commissioners residing in the Army.

The Answer returned was:

Answer.

That this House agrees to all the Particulars now brought; and that they have passed the Instructions for the Commissioners residing in the Army.

Order for 490l. to Mr. Frost.

" (fn. 4) It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons for Advance of Monies at Habberdashers Hall do forthwith pay, upon Accompt, to Mr. Walter Frost, Four Hundred and Ninety Pounds, to be disposed of as the Committee of both Kingdoms shall direct."

"Instructions, Rules, and Directions, to be observed, and put in Execution, by Colonel Martin Pinder, Harcourt Leighton, Thomas Harbert, and Captain John Potter, Esquires, and Commissioners of Parliament in the Army established by both Houses of Parliament under the Command of Sir Thomas Fairefax Knight, Commander in Chief, and all other Persons whom these Instructions, &c. do or may concern.

Instructions for the Commissioners appointed to reside with the Army.

"1. That the Commissioners take special Care, as often as Occasion shall require, to give an Account to the Parliament of all such Things as shall be fit to be made known unto them; and shall endeavour, according to Instructions, that no Commander or Officer shall receive any Pay, but such as duly attend their Charge; and the said Commissioners, or any of them, are likewise to supervise and examine the Musters of the said Army, as Occasion shall require; and shall use the best Means they can, for preventing of dead Payments, false Musters, free Quarter, plundering, seizing of Horses, selling, spoiling, or embezzling of Arms or Horses, and for the avoiding of any other Misdemeanor in the Officers or Soldiers, which may turn to the Prejudice of the Commonwealth.

"2. That the Commissioners repair to the Council of War, for the better enabling them to give an Account to the Parliament of the Proceedings in the Army; and there to hear, observe, and debate, touching such Matters and Passages as may concern either the regulating the Army or any Part thereof, or speedy Administration of Justice, the acting or promoting of any good Design, or the Advancement of the Public Service; and that, Once in Fifteen Days, or as Occasion shall require, they are to certify the State of the Army, and give an Account of their Proceedings, unto the Parliament, or such Committees as they shall nominate; and shall from Time to Time observe all such further Orders and Directions concerning the Army, and the Officers thereof, as shall be recommended to their Care by both or either of the Houses of Parliament; and the said Sir Thomas Fairefax, Commander in Chief, is hereby desired to admit the said Commissioners of his Councils, to advise with them, and to arm them with Power for the Purposes aforesaid, and the better Execution of the particular Rules and Directions herein mentioned.

"3. That the Judge Advocate of the Army do administer an Oath to such Persons attesting upon Musters as shall be presented unto him, for the Discovery of false Musters, or accusing any Person that shall violate the Articles of War in case of Plunder, or otherwise commit any Misdemeanor which may turn to the Prejudice of the Commonwealth, and to take Examinations thereupon, and produce them as Evidence, at the Courts Martial or elsewhere, for the better Execution of Justice, and Ease of the Country's Attendance; and for Default, or in the Absence of the said Judge Advocate (fn. 4) or Commissary, or otherwise as Occasion shall require, the said Commissioners, or any One of them, are hereby also authorized to administer an Oath unto, and to take Examinations thereupon, of all such Persons attesting, or that shall be Witnesses, for the Purpose aforesaid.

"4. That such Horses and Arms as, in Fight or otherwise, shall justly become Prize to the Soldier; the Commissioners, for the Encouragement of the Soldiers, are hereby authorized, for the Use of the State, to buy the said Horses and Arms, for that the same may be disposed of and kept for the Service of the State; and that no Horse be bought or sold in the Army, by Troopers or Soldiers, but such as shall be first presented, vouched, and entered with the Mark-master, upon the Penalty of forfeiting every Horse to the State that shall not be vouched and entered as aforesaid; and every such bought Horse to be marked by the Mark-master, and disposed of by the Commissioners for the Parliament Service in such a Way as the Commander in Chief shall approve of.

"5. That all Money, Plate, Jewels, Horses, Arms, Goods, Cattle, Wares, Merchandize, and Commodities whatsoever, which shall be seized or taken by the said Army, or any Part thereof, from the common Enemies, or their Garsisons or Quarters (otherwise than by Storm, Battle, or Skirmish) shall be inventoried and delivered in Writing to the Commissioners of the Army, to be, by the Commander in Chief (or his Deputy for that Purpose), and the Commissioners, valued, sold, or otherwise disposed of, to the best Advantage of the Army, and the Public Service.

" 6. They shall (fn. 5) do their utmost endeavour, that no Officer or Soldier be quartered at any Place, but by the Quarter-master first shewing his Commission if it be required, and by what Authority he takes up such Quarters, and giving a Ticket of the Names of every Person which he shall quarter, expressing of what Regiment, Troop, or Company, the same Person so quartered is, and the Number of Horses there quartered, and at whose House the same are quartered; together with the Day of the Month; and that thereunto the same Quarter-master subscribe his Name, saving that where, by reason of the great Numbers of them, the Names cannot be so suddenly inserted in the Ticket as is requisite, the Numbers for the present shall be expressed in Place of their Names, and within One Day after or sooner (if the same conveniently may be) the Names of the Persons quartered shall by the Quarter-master be written upon or under such Ticket.

"7. That no Quarter or Provisions for Man or Horse, in any Quarters, be taken without Payment of ready Money, but in Case of Necessity, for Want of Pay, which the Parliament will use all Means possible to prevent, and which Necessity is to be expressed in such Ticket as aforesaid; and in Case where any Quarter or Provisions shall be had or taken without Payment as aforesaid, the Captain or Quarter-master respectively shall, by Writing under their or One of their Hands, certify what Provisions have been so had, within what Time, by whom, and of what Regiment, Troop, and Company, from whom, and the Value thereof; and such other Order and Directions concerning the same shall be pursued and observed as the Commissioners shall appoint, whereby the Party to whom it is due may receive Satisfaction.

"Provided, That where the Army shall be upon the March, not staying above Four and Twenty Hours in a Place, the Rate shall be Four Pence a Night for Hay, Three Pence a Night for Grass, Four Pence a Peck for Oats, Six Pence a Peck for Pease and Beans, and Seven Pence a Peck for Barley and Malt; which Provision of Barley and Malt is not to be taken but in Case of Necessity, where no other Grain for Horse Meat is to be had; as also Eight Pence a Day for the Diet of every Trooper or Horseman, Seven Pence a Day for every Dragooner, and Six Pence a Day for every Foot Soldier, Pioneer, Waggoner, or Carter, that shall not be Officers by Commission, or of the Lifeguards Troop: Provided also, That these Rates, or any of them, shall be continued or altered for the former or other Time, as Occasion shall appear to the Commissioners, and be approved of by the Commander in Chief: Provided, That no Inhabitants whatsoever shall be compelled to furnish any Provision, but what he hath in his House of his own; and that no Officer or Soldier shall compel him to do otherwise, upon Pain of cashiering, or such other Punishment as the Commander in Chief shall think fit.

"8. That every Officer by Commission, or Person of the Life-guards Troop, shall pay the full Value for his Provisions of Diet or Horse-meat; but, if he pay not present Money to the full Value, but leave a Ticket or Certificate in such Manner as is aforesaid, shall content himself with such ordinary Diet for himself and Servants as the Party with whom he quarters is provided of, without putting the said Party to the Trouble or Charge of seeking abroad; otherwise, upon Complaint thereof made to the Commissioners, such Officer to be fined and punished, at the Discretion of the Commander in Chief.

"9. That, where no just Cause to the contrary shall appear, such Certificate made as aforesaid shall, upon View and Examination thereof by the said Commissioners, or any Two of them, be allowed; and thereupon the said Commissioners, or any Two of them, shall give Debentures for the Monies due upon such Certificate, which shall be a sufficient Warrant to the Treasurer of the Army to pay the same to such Persons as shall produce such Debenture; and further, the same shall also be sufficient for the Treasurer to defaulk the same out of the Pay of the Officer or Soldier by whom the same was due.

"10. That, in case the said Commissioners, or any Two of them, by Consent of the Commander in Chief, shall certify that they conceive it necessary the Treasury in the Army be spared in the Payment of Money due upon such Debentures as aforesaid, then the said Debenture shall be produced to the Committee of Parliament, or so many of them as are authorized to give Warrants for issuing out of Money for the Army, who shall accordingly issue out Warrants for Payment thereof, out of such Monies as are or shall be paid in by virtue of the Ordinance of Parliament for maintaining of the Army under the Command of Sir Thomas Fairefax; whereupon the Persons to whom such Warrants are directed shall make Payment thereof accordingly.

"11. That no Teams, Horses, or Carts, shall be imprested, or taken, but by Warrant under the Hand of the Commander in Chief, the Lieutenant General of the Ordnance, or such Commissary respectively as shall be authorized so to do, which Warrant is to be produced upon such Imprest or Taking; and that the same Teams, Horses, or Carts, be not compelled to go further than present Necessity shall require, always discharging those first that shall have gone farthest; and that there shall be present Payment for every Team, Horse, Cart, or Driver, so taken, according to such Allowances as are or shall be established by Order of Parliament, or, in Want thereof, according to such Rates as the Commissioners shall think fit, by the Consent of the Commander in Chief; and, in case of Necessity such present Payment cannot be made, that the Officer by whose Warrants the Teams and Carts are imprested, or such other Underofficers as he shall employ for that Purpose, till the superior Officer's Certificate can be made, shall certify and leave a Ticket what is due for such Horses, Carts, and Drivers, and to whom, according to such Establishment or Rates which shall be set as aforesaid: Provided, That no Commissary of Waggons, or other Officer whatsoever, shall take any Carts, Waggons, or Horses, that are bringing Provisions to the City of London and Westm.

"12. That, where the Commissioners, or any Two of them, shall find just Cause to stop the Pay of any Officer or Soldier, and shall give Notice in Writing thereof to the Treasurer of the Army, the said Treasurer is to forbear to pay the same for Six Days, or until the Commissioners have acquainted the Commander in Chief, and further Order be thereupon given.

"13. That the Commissioners, or any Two of them, have Power, by Authority hereof, to issue out their Warrants, and to take such other Course as they shall think fit, for the present Restitution and Satisfaction of the Owners, of or for any Thing plundered or taken contrary to Ordinance of Parliament or Articles of War, or for the Return of any Carriages imprested for the Service of the Army; and whosoever shall refuse to obey such Warrant, or other Order of the Commissioners for the Purpose aforesaid, shall not only forfeit and incur the Penalty of the full Value of the Thing so plundered or taken, to be estimated by the Commissioners, or any Two of them, but also shall lose Two Months Pay, as a Penalty to the State, to be disposed as the Commander in Chief shall think fit, for the best Advance of the present Service.

"14. That the Provost Marshal General, and his Men respectively, be ready to give their Assistance, and pursue such Directions, as the Commissioners, or any of them, shall give them, for the suppressing of Violences, and apprehending disorderly Persons; and that all other Officers and Soldiers, where Need shall require, be likewise ready to aid and assist them, for the Purposes aforesaid; and if any Officer or Soldier shall resist or affront the said Commissioners, or any of them, in the Execution of their Power and Directions, that such Officer or Soldier shall be liable to such Punishment as the Commander in Chief shall think fit.

"15. That the Commissioners likewise be careful, that the Commissaries of the Victual and Provisions (who are hereby required thereunto) do take Notice, and keep Accompt, of all such Victual and Provisions, for Horse and Men, as are brought in, and freely given, for the Supply of the Armies; and where Provisions are brought into the Army by Way of Sale, and ready Money cannot be paid, to give Tickets, according to usual Rates, whereby such Persons as shall so bring in the same may have the like Benefit as others in case of Quarter without Money as aforesaid, and give Copies of such Tickets to the Commissioners, upon Pain and Fine of Punishment, at Discretion of the Commander in Chief; and the Commissioners are hereby authorized to take Care, that such Provisions as are delivered by the Commissaries to any Officers or Soldiers, for their Supply, be brought to a just and true Accompt, and certified to the Treasurer, that he may defalk so much out of the several Entertainments of such Officers and Soldiers, from Time to Time, as the Provisions received by them as aforesaid shall amount unto.

"All which Rules, Instructions, and Directions, whether general or particular, are carefully to be supervised and urged by the Commissioners of the Army, and by them to be taken Care of, that as much as is possible they see them strictly performed."

Order for the Commissioners of Excise to re-pay themselves 1000 l. advanced for Colonel John Fiennes's Regiment of Horse;

"Whereas John Towse Esquire, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of One Thousand Pounds, for and towards Payment of Colonel John Fines's Regiment: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Commissioners of Excise, their Executors, Administrators, or Assigns, shall and may satisfy and reimburse themselves the said One Thousand Pounds respectively, together with Interest for the same, after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts as shall happen when other Payments already assigned upon the Excise shall not happen to fall due, or, for Default thereof, then as the same shall follow in Course; and shall not, by any other Order or Ordinance of One or both Houses of Parliament, be debarred from satisfying themselves accordingly; and that the said Commissioners shall pay the said One Thousand Pounds to Major Purbecke Temple, whose Receipt shall be their sufficient Discharge in that Behalf."

and 400l. advanced for the Muster-officers;

"Whereas John Towse Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of Four Hundred Pounds, for Payment of the Muster-officers: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Commissioners of Excise, their Executors, Administrators, or Assigns, shall and may satisfy and reimburse themselves the said Four (fn. 6) Hundred Pounds respectively, together with Interest for the same, after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts as shall happen when other Payments already assigned upon the Excise shall not happen to fall due, or, for Default thereof, then as the same shall follow in Course; and shall not, by any other Order or Ordinance of One or both Houses of Parliament, be debarred from satisfying themselves accordingly; and that the said Commissioners shall pay the said Four Hundred Pounds unto Sir William Waller Knight, whose Receipt shall be their sufficient Discharge in this Behalf."

and 3000l. advanced for the Scots Army in Ireland.

"Whereas John Towse Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of Three Thousand Pounds, for the Service of the Scotts Army in Ireland: Be it therefore Ordained, by the Lords and Commons in Parliament assembled, That the said John Towse, and the rest of the Commissioners of Excise and new Impost, their Executors, or Administrators, shall and may satisfy and reimburse themselves the said Three Thousand Pounds, together with Interest for the same, after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn, out of the Receipts of the Excise, in such Intervals of Time as shall happen when other Payments already assigned upon that Office shall not fall due, or, for Default thereof, then as the same shall follow in Course; and shall not, by any other Order or Ordinance of One or both Houses of Parliament, be debarred from satisfying themselves accordingly; and that the said Commissioners of Excise shall pay the said Three Thousand Pounds unto John Davis, of London, Gentleman, whose Receipt for the said Monies shall be a sufficient Discharge to the Commissioners of Excise, and every of them, in that Behalf."

Adjourn.

House adjourned till 9^a cras.