House of Lords Journal Volume 7: 2 October 1644

DIE Mercurii, 2 die Octobris.

PRAYERS, by Mr. Bridge.

Ds. Grey de Warke, Speaker.

Collins, King's Musician, Petition for Wages.

Upon reading the Petition of Tymothy Collins, One of the Musicians to His Majesty in Ordinary; desiring, That some Consideration may be taken, for the paying of the Arrears of his Wages, due unto him for Three Years and upwards, whereby he may be relieved in his great Necessity:" Hereupon this House Ordered, To recommend this Petition to the House of Commons, and desire them to take the Wants of the Petitioner into Consideration, and give him some Relief to supply his Wants.

Ordinance for the Seven associated Counties of Suff. &c. under the Earl of Manchester.

The Lord North reported, "That the Committee have considered of the Ordinance concerning the Seven associated Counties; and they have thought (fn. 1) fit to make some Alterations, which they offer to the Consideration of this House:"

And the Ordinance being read, this House Agreed to the said Ordinance with those Alterations.

Order for 500 l. to Col. Massey.

Next, the Order brought formerly from the House of Commons, for paying Five Hundred Pounds to Colonel Massey's Forces, was read, and Agreed to. (Here enter it.)

Ordinance for a Weekly Assessment in Gloucestershire.

Also the Ordinance for assessing of Eleven Hundred Pounds a Week upon the County of Gloucester, &c. was read the Second Time; and the House was adjourned into a Committee during Pleasure, to take the same into Consideration.

The House being resumed, the Ordinance was read the Third Time, and Agreed to. (Here enter it.)

Vincent to be paid 200 l. on quitting the Living of St. Buttolph's.

Upon reading the Petition of John Vincent, Minister of Buttolphs without Bishopsgate, London; shewing, That he being promised Two Hundred Pounds by some of the Parishioners, before a Committee of this House, if he would quit that Living, and provide himself elsewhere; and he being ready to leave the said Place, desires that the said Two Hundred Pounds may be paid him, according to the Promise of the Sequestrators."

Hereupon this House Ordered, That the Sequestrators do either pay the said Two Hundred Pounds, or appear before this House to shew Cause why they do not pay it.

Message from H. C. with an Order and an Ordinance.

A Message was brought from the House of Commons, by Mr. Bainton and others;

To desire Concurrence in these Particulars following:

1. An Order to pay to the Judge Advocate (fn. 2) to the Commissioners for Martial Affairs One Hundred Pounds, upon Accompt. (Here enter it.)

Agreed to.

2. An Ordinance for paying One Thousand Pounds to Sir Walter Erle, for to be distributed to Reformadoes. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Two Orders now brought up,

Cogan, Comptroller of the Mint, arrested.

Upon reading the Petition of Henry Cogan, Comptroller of His Majesty's Mint; shewing, "The Officers of the Mint have divers Privileges belonging to them; yet he hath been arrested, by one Wm. Hawkes, a Serjeant at Mace, at the Suit of one Ralph Peckman, contrary to his Privilege; therefore he desires Relief herein, and that the Petitioner and his Bail may be freed from the said Action:" It is

Parties sent for.

Ordered, That the said Peckman and Hawkes shall appear forthwith before this House, and shew Cause why they arrested the said Cogan.

Fortescue, Duke of Lorrain's Agent, to have his Papers restored to him.

The Lord North reported from the Committee concerning the Duke of Lorraine's Agent, "That whereas Anthony Fortescue Esquire hath continued here, for the Space of about Eleven Years last past, Agent or Resident for the Duke of Lorraine, and hath been so allowed and approved by the King's Majesty; and his Papers, and other Particulars formerly taken from him restored to him, upon the Consideration only of his being a Public Minister, by Order of the House of Commons, July 24, 1641: The Committee are of Opinion, and think it just and meet, that the Writings and other Things lately taken from the said Anthony Fortescue be restored to him; and that his Servant, now in Prison, be released."

Which Opinion this House approved of; and Ordered to send to the House of Commons, to desire their Concurrence herein.

Ordinance for Mr. Clarkson to be Minister of Kirklington.

Next, an Ordinance was Thrice read, to nominate Mr. Clarkson to be Minister of the Church of Kirklington, in the County of Yorke, as Mr. Daggett formerly had: And it being Agreed to, it is Ordered, To be sent to the House of Commons, to desire their Concurrence therein.

Message to the H. C. with it, and the One for the Seven associated Counties of Suff. &c. under the E. of Manchester; and that the Lords agree to Two brought from the H.C.

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

To desire their Concurrence in the Ordinance concerning the Seven associated Counties, with the Alterations.

2. To let them know, that this House agrees to the Two Ordinances:

1. For assessing Eleven Hundred Pounds Weekly in the County of Glouc.

2. For paying Five Hundred Pounds to Colonel Massey's Forces.

3. To desire their Concurrence in the Ordinance for making Mr. Clarkson, Chaplain to the Lord Fairfaix, Parson of Kirtlington, in the County of Yorke.

Ordinance concerning Sir James Plamer's Jewels.

Next, was read the Ordinance concerning Sir James Palmer's Jewels, and it was Agreed to, with a Proviso, and Ordered to be sent down to the House of Commons, to desire their Concurrence therein.

Mr. Thayne, Gentleman Usher of the Black Rod's Petition, for the Re-possession of Windfor Little Park, and an Indemnification for his Damages sustained there.

Upon reading the Petition of Alexander Thayne Esquire, Gentleman of the Black Rod; shewing, "That, on the First of November, 1629, His Majesty did confer upon James Maxwell Esquire, Gentleman of the Black Rod (in Right of the said Office), the Custody of the Little Park of Windsor, and did, by (fn. 3) Advice and Assent of the Knights of the most Honourable Order of the Garter then assembled in Chapter, annex the same to the said Office for ever; that His Majesty did, by His Letters Patents, dated 12 Septemb. in the Eighteenth Year of His Reign, join the Petitioner in the said Office with Mr. Maxwell, and allow the ancient Fee of Twelve Pence per Diem, payable out of the Receipt of the Exchequer, for the Execution of the Place.

"That there is also belonging to the said Office a Dwelling-house within the Castle of Windsor, and a Fee for the Custody of the said Park payable by the Receiver of the Revenue of the said Castle: All which Premises the said Mr. Maxwell did receive and enjoy, and did yield the Possession and Benefit of them all unto the Petitioner, upon his Admission into the said Place.

"That (my Lord General making his First Winter Quarters at Windsor) his Soldiers destroyed all the Deer of the said Park, being above Five Hundred, and burnt up all the Pales, and consumed a Stack of Hay of the Petitioner's, worth One Hundred Pounds; and since, the Committee for the Revenue hath sequestered the same, and let it to Colonel Ven.

"Now his humble Suit to their Lordships is, That their Lordships would be pleased to recommend the Business to the Committee for the Revenue, with their Lordships Desire that they would re-possess the Petitioner of the said Park, and pay him the Fees that are in Arrear, and give him such Allowance for his Losses as they shall think fit."

The Earls of Pembrooke and Sarum avouched in the House, "That they did know of the King's adding the Little Park to the Place of the Gentleman Usher of the Black (fn. 4) Rod."

Hereupon this House Ordered, To recommend the said Petition to the Committee for the Revenue, as is desired in the Petition.

Brookes and Calverly.

Upon reading the Petition of Captain Brookes; complaining, "That he is molested unjustly by one Calverly, upon a Business which hath received a Determination in the Court of Admiralty:"

It is Ordered, That the said Calverley shall give his Answer to the said (fn. 4) Petition, why he molesteth the said Brookes, by this Day Sevennight.

Paske and Ayres.

Upon reading the Petition of Dr. Paske; complaining, "That one Ayres refuses to pay him what is due to him, according to an Order of this House:"

It is Ordered, That the said Ayres shall pay the Money due to Dr. Paske, or else appear before this House, and shew Cause to the contrary.

Ordinance for 500 l. for Colonel Massey's Forces.

"Ordered, by the Lords and Commons assembled in Parliament, That the Committee of the Lords and Commons for Advance of Monies at Habberdashers Hall do forthwith issue and pay Five Hundred Pounds, upon Accompt, to the Members of the House of Commons that are of the Committee of Gloucester, or such as they shall appoint to receive the same, to be sent immediately to Colonel Massey (upon Accompt), towards the Payment of the Forces under his Command."

"An Ordinance for a Weekly Assessment on the County of Gloucester, and on the City and County of the City of Gloucester.

Ordinance for a Weekly Assesiment in Gloucestershire.

"Whereas the Committee nominated in a former Ordinance of Parliament, for raising and maintaining of Horse and Foot for the Garrison of Gloucester, and for the Counties of Gloucester, Hereford, Monmouth, Glamorgan, Brecknock, and Radnor, are not able, by the Ordinances of Sequestration of Delinquents and Papists Estates, and the Ordinance of raising Monies, by taxing such as have not contributed, or not according to their Estates, to raise such present Sums of Money as are expedient for the Maintenance of the present Forces within the said Garrison and County of Glouc.: It is therefore Ordained, and be it hereby Ordained, by the Lords and Commons in Parliament assembled, That the said Committee nominated in the said Ordinance, or any Four or more of them, shall have, and hereby hath, Power and Authority to rate and tax, upon the said County of Glouc. the Sum of One Thousand Pounds a Week, and on the said City and County of the said City of Gloucester the Sum of One Hundred Pounds a Week, to begin from the 16th Day of August last past, and so to be Weekly paid, for the Space of Five Months, unless the said Houses of Parliament shall make any other Order concerning the same, to be rated, taxed, levied, and collected, in such Sort, Manner and Form, as is prescribed in the former Ordinances of the Weekly Assessments, and in Lieu of the said Weekly Assessments, and to be employed for and towards the Maintenance of the said Forces, in the said Garrison and County of Gloucester, and City and County of the City of Gloucester aforesaid: And, for preventing Disorders in raising Horse, levying Monies, and taking and seizing Goods without Authority, it is hereby Ordered and Ordained, by the said Lords and Commons in Parliament assembled, That from henceforth no Horse shall be there raised, or Money levied, or Goods taken, of any Person or Persons, without Consent and Order of the said Committee, or the major Part of them then present, expressed by Warrant under their Hands; and that no free Quarter shall be assigned or taken of the Inhabitants under Contribution, by the Commanders and Officers of Horse and their Troopers, but by like Order and Consent of the said Committee, by Warrant as aforesaid; and so long Time as any of the said Troopers have free Quarter, they are to have but Half Pay, and the Officers to allow in Proportion out of their Pay: And that all Officers and Soldiers, both Horse and Foot, shall be paid according to the late Establishment of my Lord General's Army; and no Commander or Officer there shall receive Pay, but such as duly attend their Charge, unless otherwise specially employed in Service of the Parliament; and that no other Commander or Officer shall be paid, but such as are received now into Service, and such as shall be hereafter received and approved of by the said Committee, or the major Part of them; and that no Officer or Commander shall receive Pay there as an Officer and Commander, both Horse and Foot, by virtue of any Commission granted to any One Person for Horse and Foot, except Colonel Massey, Governor of Gloucester; and that all such Horse, Beasts, and Cattle, as shall be taken and driven, by any of the Forces in the said several Counties, out of the Enemy's Quarters, shall be delivered to the said Committee, or such Persons as they shall appoint, to the End they may be employed towards the Public Charge, according to the said Ordinance, save reasonable Reward to be allowed to the Soldiers who shall do the said Service, as the said Committee shall think fit.

"And it is hereby Ordained, That all Commanders, Officers, and Soldiers, in the said Garrison of Gloucester, and several Counties aforesaid, shall be, and are hereby required, from Time to Time, aiding and assisting to the said Committee, in the Execution of the said former Ordinance, and of this present Ordinance; and that the said Committee, and their Agents and Assistants, in Execution of the Premises, shall be saved harmless and protected, by Authority of Parliament: And lastly it is hereby Ordained, by the said Lords and Commons, That the said Committee, or any Five or more of them, may imprison all such as shall make any Attempt, or do any Act, tending to the Disturbance of the Proceedings of the said Committee, or the Peace of the said County, and them to fine, not exceeding the Sum of Ten Pounds upon every such Offender; every such Offender to remain in Prison until he have satisfied and paid the said Fine, which shall be employed to the Uses expressed in the said former Ordinance."

Order for 100 l. to the Judge Advocate.

"Ordered, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons at Habberdashers (fn. 5) Hall do issue forth, and pay upon Accompt, unto the Judge Advocate to the Commissioners for Martial Affairs, One Hundred Pounds, to defray the necessary Charges incident to the Dispatch of the Affairs of that Commission; and that the Fines set by the Commissioners shall be paid in to the Committee at Habberdashers Hall, to be disposed of for the Service of the Public."

Order for 1000 l. to the English Reformadoes.

"Ordered, by the Lords and Commons in Parliament, That the Commissioners of Excise do advance a Thousand Pounds, to be paid amongst the English Reformadoes; and that they shall reimburse themselves at Twelve Months End, with the Consideration of Eight Pounds per Cent. for the Forbearance thereof; and that this Thousand Pounds be paid to Sir Walter Erle and Mr. Knightly, to pay amongst the English Reformadoes (their Debentures being first made up and perfected), according to the Extremities of their particular Necessities; and that, for the Residue due unto them upon their Debentures, they shall have the Public Faith of the Kingdom: They are further to take Care, that the People to whom they are indebted for Diet and Lodging be satisfied: The Houses do further Order, That, from the Time that the said One Thousand Pounds shall be paid, and the Public Faith given, that the said Reformadoes shall be entertained no longer in the Pay of the State."

"26 September, 1644.

(fn. 6) "An Ordinance of the Lords and Commons assembled in Parliament, for the maintaining of the Forces of the Seven associated Counties under the Command of Edward Earl of Manchester, by a Weekly Payment upon the said associated Counties, to begin the First Day of September, and to continue for Four Months next ensuing.

Ordinance to maintain the Forces in the Seven associated Counties of Suff. Norff. &c. under the Earl of Manchester.

"Whereas the Counties of Norfolk, Suffolk, Essex, Lincoln, and other Counties with them associated, out of their loyal Respect to His Majesty, their pious Disposition to the Peace and Happiness of this Kingdom, in Obedience to the Orders of Parliament, have raised and maintained to the Number of Fourteen Thousand Horse, Foot, and Dragoons, or thereabouts, and with them have done many great Services against the Common Enemy, tending much to the Safety of the Kingdom; and have also bought many Arms and Ammunition, and must buy more, whereby to furnish themselves with a Train of Artillery; and have been and must be at great Charges, in maintaining and recruiting the said Forces, and in keeping several Garrisons, making and erecting of Fortifications, Magazines, Courts of Guards, and other Things requisite and necessary for the Defence and Safety of the said Association against the Incursions of the Enemy; by all which Means, the said Association is become much indebted, and, without the speedy raising of large and considerable Sums of Money, proportionable to their vast Expences, cannot long subsist in a Condition to keep themselves from Ruin, and to advance the Public Safety: It is thereupon Ordained, by the Lords and Commons in Parliament assembled, and by Authority of the same, That, for the Intents and Purposes aforesaid, the several Weekly Sums of Money hereafter in this Ordinance mentioned shall be charged, rated, taxed, and levied, upon the several Counties, according to the Proportions herein expressed, the same to be paid in Weekly to the several Collectors, and by them to the Treasurer or Treasurers appointed by this Ordinance for the receiving hereof; that is to say,

"Upon the County of Essex, the Weekly Sum of One Thousand Six Hundred Eighty-seven Pounds, Ten Shillings.

"Upon the County of Suffolk, the Weekly Sum of One Thousand Eight Hundred Seventy-five Pounds.

"Upon the County of Norfolk and City of Norwich, the Weekly Sum of One Thousand Eight Hundred Seventy-five Pounds.

"Upon the County of Hertford, the Weekly Sum of Six Hundred Seventy-five Pounds.

"Upon the County of Cambridge, the Weekly Sum of Five Hundred Sixty-two Pounds, Ten Shillings.

"Upon the County of Huntington, the Weekly Sum of Three Hundred and Thirty Pounds.

"Upon the County of Lincolne and City of Lincoln, the Weekly Sum of One Thousand Two Hundred Eighteen Pounds, Fifteen Shillings.

"Upon the Isle of Ely, the Weekly Sum of Two Hundred Twenty-one Pounds, Five Shillings.

"And the said Weekly Payments are to begin from the First Day of September, in the Year of our Lord 1644, and so to continue Weekly for Four Months next ensuing from the said First of September.

"And be it further Ordained, That every Person or Persons, that were to be assessed or taxed by any former Ordinance of Parliament, shall be assessed and taxed by this Ordinance; and shall be liable to as great Forfeitures and Penalties, for not paying of the Sum or Sums to be assessed, as they should have been if the same had been assessed by virtue of the last Ordinance for the Weekly Payment for the said Association, made the 20 of September last; and the several respective Deputy Lieutenants and Committees, named and trusted within the said Association, or any Part thereof, by the said recited Ordinance, to take Care for the assessing, collecting, or levying of any Monies, are named and trusted by this Ordinance; and have as full Power and Authority given, by this Ordinance, to nominate and appoint Collectors and Assessors, and to distrain, fine, and imprison, or sequester, as they, or any of them, had by virtue of the said recited Ordinance, in all or any Part of the said associated Counties.

"And the several Collectors shall pay the several Sums by them collected, at the Place or several Places where the Earl of Manchester, and the Committee for the Association attending the said Earl, shall appoint, to the Treasurer or Treasurers to be by them named, which Treasurer or Treasurers are to issue out the Monies received for the Purposes aforementioned, according to the Warrants or Directions of the said Earl of Manchester, and of any Two of the said Committees for the said Association, which shall be appointed thereunto by the said Earl, and a full Committee consisting of One for every County at the least, and of the Commissary General for the Time being of the said Earl of Manchester; and that no Monies be issued out without Order under the Hand of the said Earl, such Two of the said Committees, and the said Commissary General, nor yet without the Privity of the whole Committee attending the said Earl.

"And the said Lords and Commons do further Ordain, That all Monies collected, and not disposed of, or to be collected, upon the Fifth and Twentieth Part of Mens Estates, or of the last Four Months Pay; and all the Monies or other Benefit arising by virtue of any Ordinance for the Third Part of the Sequestration settled upon the Earl of Manchester, shall be paid unto the Treasurers appointed as aforesaid, and from thence to issue out again for the Intents and Purposes aforementioned; and the said Earl and Committee for the said Association have thereby Power given them to call all Collectors, Treasurers, or others, that have, or are thought to have, any of the said Monies in their Hands, to an Accompt, and to cause the said Money in their Hands to be paid unto the Treasurers appointed by the former Ordinances.

"And if any Collectors, Treasurers, or others, shall refuse to accompt, or to pay in the Monies wherewith they are charged, then the said Earl and Committee 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 distrain for the same; and, if there be not sufficient Distress wherewith to satisfy, then the said Earl and Committee may imprison the Offender herein, and sequester his Estate, until the Money charged and Fine set be levied and paid.

"And it is further Ordained, That Four Pence in the Pound shall be allowed for every Sum of Money which shall be collected and paid to the said Treasurer, whereof Two Pence shall be for the Collectors, and Two Pence for the Treasurer; and the said Treasurer shall keep a Register-book of the several Sums received and paid by them, and shall render an Accompt thereof, unto the said Earl and Committee, Once every Month at least.

"And be it further Ordained, That Three Commissioners, hereafter to be nominated and appointed, to reside in the Army, shall take special Care that they keep constant Correspondency with the Two Houses of Parliament, and with the Committee of the Members of the House of Commons appointed for the associated Counties; and that they take such Course, that no Commander or Officer shall receive any Pay, but such as duly attend their Charge; and it is desired, that the said Earl of Manchester do admit to his Council, for the Purposes aforesaid, the said Commissioners residing in his Army, to advise with them, and arm them with Power to view and examinè the Musters of the said Army, and to take such Course as shall be thought most fit, for the preventing of dead Payments, false Musters, free Quartering without Warrants, plundering, seizing of Horses or Arms, or for the avoiding of any other Misdemeanor which may turn to the Prejudice of the Commonwealth; and that the said Commissioners shall, Once in a Month, certify the State of the Army, and give an Account of their Proceedings unto the Parliament, or to the aforesaid Committee for the associated Counties, and likewise certify what further Instructions shall be agreed upon by the Council of War, touching the same; and the aforesaid Commissioners shall be nominated and appointed by the Committee for the associated Counties sitting at Cambridge, or the major Part of them, out of their own Number.

"And be it lastly Ordained, That the said Earl, Deputy Lieutenants, Committees, Collectors, Assessors, and every One of them, and every other Person that shall be aiding and assisting to them, or any of them, in doing any Thing by virtue of this Ordinance, shall be defended and saved harmless therein, by Authority of both Houses of Parliament.

"H. Elsynge, Cler. Parl. D. Com.

Septemb, 26, 1644.

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

"H. Elsynge, Cler. Parl. D. Com."

Adjourn.

House adjourned till 9^a, Friday Morning next.