House of Lords Journal Volume 10: 30 May 1648

Die Martis, 30 die Maii.

PRAYERS, by Mr. Marshall.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Fulcher and Ross, Petition for an Allowance, as Attendants on the King's Children.

Upon reading the Petition of Susan Fulcher and Robert Rosse, formerly Servants to the King's Children:

It is Ordered, To be sent to the House of Commons, that it may be referred to the Committee of the Revenue; to allow them such Allowance as they think fit, as other Servants of the King's Children that are lately discharged have.

Ordinance for a Market in Aldborough.

An Ordinance was brought in, for granting a Market to be kept in the Town of Alburgh, in the County of Norff.; which was read, and Agreed to, and to be sent to the House of Commons for their Concurrence.

Fast Sermon.

Ordered, That the Fast Sermon To-morrow shall be at Martin's Church in the Fields.

Wendal's Petition.

The Petition of Wendall was read; but respited, until Mr. Justice Roll be spoken with.

Rawleigh and Vivers.

Upon reading the Petition and Affidavit of George Rawleigh, "That he cannot have his Witnesses so soon as the Cause between him and Vivers (fn. 1) is last appointed:"

Therefore it is Ordered, That the 20th Day of June, formerly appointed for hearing the said Cause, shall stand.

Message from the H. C. with an Order and Ordinances.

A Message was brought from the House of Commons, by Sir John D'Anvers; who brought up these Particulars, wherein they desire their Lordships Concurrence:

1. An Order to give Fifty Pounds to Captain Israell Smyth. (Here enter it.)

Agreed to.

2. An Ordinance for the more effectual bringing (fn. 2) in the Arrears in the City of London.

The Answer returned was:

Answer.

That this House agrees to the Order for giving Fifty Pounds to Captain Smyth: To the other, this House will take the same into Consideration, and send an Answer by Messengers of their own.

The King and Trigg, in Error.

Upon hearing the Counsel argue the Errors, in the Writ of Error wherein Trigg is Plaintiff and Dominus Rex Defendant:

It is Ordered, That Baron Atkins and Mr. Justice Godbolt, now present at the Hearing the Counsel, shall consult with the rest of the Judges; and any Three to certify their Opinions to this House.

Ordinance to bring in Arrears in London.

The Ordinance for more effectual bringing in the Arrears in the City of London, was read, and Agreed to.

(Here enter it.)

Finch and Hanbury, in Error.

(fn. 3) The Counsel in the Writ of Error between Francis Finch Plaintiff and John Hanbury Defendant:

It is Ordered, That the Judgement given in the King's Bench is affirmed, and the Record to be remitted into the Court of King's Bench, that Execution may be taken out: It is further Ordered, That the Plaintiff shall pay to the Defendant Twenty Nobles Costs.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Mr. Annesley. &c.; who brought up an Ordinance for Fifteen Hundred Pounds to be paid to Colonel Whitchcott, for victualing and fortifying of Windsor Castle. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Order now brought up.

Derret and Williams, in Error.

Next, the Counsel in the Writ of Error between John Derrett Plaintiff and Isaac Williams Defendant. (fn. 3)

And, upon Consideration, it is Ordered, That the Judgement in the King's Bench is affirmed; aud that the Transcript of the Record be remitted into the Court of King's Bench, that Judgement may be taken out accordingly: And it is further Ordered, That the Plaintiff shall (fn. 4) pay to the Defendant Five Marks Cost.

Doe and Savill.

Ordered, That the Errors between Doe and Savill shall be heard, on Thursday Morning next, by Counsel.

Rowland, a Pass.

Ordered, That Wm. Rowland shall have a Pass, for himself, his Wife, and One Servant, to go into France.

Time for Passes limited.

Ordered, That when any Passes shall be granted by this House, there shall (fn. 5) be Expression in them, "That they shall make Use of them within Two Months."

Order for 50l. to Capt. Smith.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Fifty Pounds be bestowed upon Captain Israell Smith, the Messenger that brought the good News of reducing the Castle of Chepstow, by God's Blessing upon the Parliament's Forces under the Command of Colonel Ewer; and that the said Sum of Fifty Pounds be paid, by Order of the Committee of Lords and Commons for Advance of Monies usually sitting at Habberdash'rs Hall, unto the said Israell Smith."

Ordinance for 1500l. for victualing and fortifying Windsor Castle.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Fifteen Hundred Pounds be charged upon the Sequestrations of Bucks and Berks, and paid, upon Accompt, by the Sequestrators and Treasurers for Sequestrations in the said Counties, to Colonel Whichcott, Governor of Windsor Castle, to be employed for furnishing it with Victuals, and making the necessary Fortifications of that Castle; and that the Acquittance of the said Colonel Whichcott, or his Assignee or Assigns, shall be a sufficient Discharge to the Treasurers and Sequestrators, for such Sums as from Time to Time they shall pay upon this Order."

Ordinance for the more effectual bringing in the Arrears of Assessments in London.

"Whereas, by virtue of several Ordinances of Parliament, dated the Fifteenth of February 1644, the 13th of August 1645, the 16th of April 1646, the 23th of June 1647, the 15th of March 1647, and the 24th of April 1648, divers Sums of Money were appointed to be assessed and collected, within the City of London, towards the Raising and Maintaining of Forces, by the Authority of Parliament, for the Defence of the Kingdom; and whereas several Sums assessed within the City and Liberties thereof are yet in Arrear and unpaid, by reason of Disaffection to the Parliament, and some other Obstructions, (videlicet,) upon Pretence of being unequally rated, and others for Want of Assurance that the Three Months remitted by an Ordinance of the Four and Twentieth Day of December now last past shall be allowed unto them, because the Time therein limited for the Payment of the Six Months was elapsed before the Estreats came forth for collecting thereof: For the removing whereof, and for the more speedy getting in of the said Arrears so assessed as aforesaid, be it Ordained, by the Lords and Commons in Parliament assembled, and by Authority of the same, That the Collectors appointed by the said Ordinance of the 23th of June, 1647, are hereby authorized to cross the Rolls, and thereby fully discharge all such Persons as shall, within Thirty Days after the Passing of this Ordinance, pay and satisfy to the said Collectors Nine Months of the Twelve Months assessed, or to be assessed, by the said last recited Ordinance, according to the Rates assessed by the Deputy and Common Council-men in their several Wards; and that the other Three Months (fn. 6) remitted by Ordinance of the 24th of December last is hereby remitted, as if Payment had been made of the First Six Months within the Time therein limited: And for the like speedy and better getting in of all the Arrears due upon all or any of the said Ordinances so assessed as aforesaid, and for the removing of Obstructions hindering the same, be it further Ordained, by the Authority aforesaid, That the Deputy and Common Council-men for the Time being of the several Wards within the City of London and the Liberties thereof, or any Two or more of them, shall and are hereby appointed Commissioners, within their several and respective Wards, for the several Taxes and Assessments so made as aforesaid, to put the said several Ordinances in Execution; and have Power, and are hereby authorized, to execute and perform all and every the Powers and Authorities comprized in the said Ordinances, or any of them, for and concerning the collecting and levying of the said Assessments so made as aforesaid, in as full and ample Manner, to all Intents and Purposes, as any of the Committee or Commissioners in the said Ordinances named, or any of them, might or could do or perform the same; and that the said Deputy and Common Council-men, in their several and respective Wards, or any Two or more of them, shall have Power, and are hereby authorized, to call the several Collectors within their respective Precincts to Accompt, and to peruse their Estreats, and take Notice who have paid and who not, and the Reasons given by them that have not paid; and also to cause the said Collectors, from Time to Time, to pay the said Treasurers at War such Monies as are and shall be in their Hands: And it is further Ordained, by the Authority aforesaid, That the Lord Mayor and Aldermen of the City of London for the Time being, and Deputy Johnson, Thomas Noell, John Owfeild, Richard Chiverton, Edwin Browne, Randall Baskervile, Humphry Ford, John Everet, Stephen Estwicke, John Hatley, Deputy Clowes, James Storey, Thomas Steed, Marke Hilsley, Deputy Fretherioke, Robert Winch, Deputy Adams, Deputy Hawley, Deputy Morice Gethin, Deputy Antrobus, George Ward, Colonel Manwareing, Deputy Boothby, Deputy Greene, Edward Vaughan, Thomas Blackwell, Deputy Camfeild, Thomas Knowles, Mathew Fox, Roger Peele, Robert Dyver, Deputy Babington, Colonel Hayes, Deputy Whitwell, William Bateman, Edward Wood, John Cocke, Thomas Dawney, Arthur Juxon, Wm. Rowen, or any Six of the said Aldermen and Commons, shall be, and are hereby authorized and appointed, Commissioners for the said several Taxes and Assessments, so made as aforesaid, in the said City and Liberties thereof, to put the said several Ordinances in Execution; and shall have Power, and they are hereby authorized, to remove such Obstructions as they shall be informed are not remedied by the said respective Committee of Deputy and Common Council-men before mentioned; and they are likewise hereby authorized to execute and perform all and every the Powers and Authorities comprized in the said Ordinances, or any of them, for and concerning the collecting and levying of the said Assessments so made as aforesaid, in as full and ample Manner, to all Intents and Purposes, as any the Committee or Commissioners in the said Ordinances named, or any of them, might or could do or perform the same: And in case the said Commissioners of Aldermen and Commons shall find any Persons obstinately refusing the Payment of their Assessments according to the Limitations aforesaid, and by their evil Examples become an Encouragement unto others to do the like, and thereby shew their Disaffection to the Parliament, that then the said Committee of Aldermen and Commons, or any Six of them, shall present the Names of such Persons so refusing, and the several Sums by them in Arrear, according to the said Assessments, and such other Forfeitures as are expressed in the said Ordinances, or any of them, incurred for Non-payment thereof, unto the several Committees for Sequestration of the said City and Counties where such Person and Persons so refusing shall have any Estate; and the said Committee for Sequestration are hereby authorized and appointed to levy such Sum and Sums of Money as are so presented unto them to be unpaid, by such Person or Persons so returned, together with such Penalties, Forfeitures, and other Charges, as by the Ordinances of Sequestration is limited and appointed; and that the said Committee of Sequestration so levying the said Monies, retaining (fn. 7) for themselves and their Officers such Allowance for the levying thereof as by the said respective Ordinances for Sequestration is allowed unto them, shall pay the Remainder unto Sir John Wollaston Knight, and the rest of the Treasurers at War: And it is also Ordained, and the Treasurers at War are hereby authorized to pay, from Time to Time, unto such Clerks and Officers as shall be employed in the said Service, such Allowances as the Committee before named shall severally and respectively agree upon, and present unto the said Treasurers, not exceeding Three Pence in the Pound for such Monies as shall be collected after the passing of this Ordinance: And lastly it is Ordained, by the Authority aforesaid, That all and every Person and Persons, that shall act or do any Thing by virtue of this Ordinance, shall be saved harmless and indemnified by Authority of Parliament."

Theodericke to be instituted to Rockland.

Ordered, That Dr. Aylett do give Institution and Induction unto Thomas Theodericke Clerk, to the Rectory of Rockland All Saints, in Com. Norff. void by the Death of Jo. Pike, alias Peeke, the late Incumbent; Salvo Jure cujuscunque: Presentation under the Hand and Seal of Mr. Anth. Porter Gentleman, Patron.

Adjourn.

House adjourned till 10^a, Thursday Morning next.