House of Lords Journal Volume 7: 25 October 1644

Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Citation:

'House of Lords Journal Volume 7: 25 October 1644', in Journal of the House of Lords: Volume 7, 1644( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol7/pp34-38 [accessed 22 December 2024].

'House of Lords Journal Volume 7: 25 October 1644', in Journal of the House of Lords: Volume 7, 1644( London, 1767-1830), British History Online, accessed December 22, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol7/pp34-38.

"House of Lords Journal Volume 7: 25 October 1644". Journal of the House of Lords: Volume 7, 1644. (London, 1767-1830), , British History Online. Web. 22 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol7/pp34-38.

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In this section

DIE Veneris, 25 die Octobris.

PRAYERS, by Doctor Smyth.

Ds. Grey de Warke, Speaker.

Comes Rutland.
Comes Sarum.
L. Admiral.
Comes Stamford.
Comes Pembrooke.
Comes Denbigh.
Comes Kent.
Ds. Wharton.
Ds. Mountague.
Ds. North.
Ds. Howard.
Ds. Willoughby.
Ds. Berkley.
Ds. Bruce.

Mr. Sallaway to be sworn.

Ordered, That Mr. Baron Trevor shall have the like Order to swear Mr. Sallaway, an Officer in the Exchequer, as he had to swear Alderman Hoyle.

Browne, Upholsterer to the House, Privilege.

Upon reading the Petition of Oliver Browne, His Majesty's Upholsterer, attending upon the Service of this House, desiring the Privilege of Parliament, for not sending forth a Soldier: Hereupon this House Ordered, That the Petitioner shall have the same Privilege granted him as Mr. Fitchett and others.

White and Middleton.

Upon reading the Petition of Robert White and Ellen his Wife, against Symon Middleton and John Batty, concerning the Estate of Robert Gray of London, deceased, desiring a Day for hearing of the said Cause: It is Ordered, That this Cause shall be heard, by Counsel on both Sides, on Monday come Fortnight.

Bastwick, Burton's, and Prynn's, Cause.

Ordered, That the Cause of Doctor Bastwicke, Mr. Burton, and Mr. Prynn, shall be heard at this Bar, by Counsel, on this Day Sevennight, at which Time the Judges are to have Notice to be present.

E. of Arundel to be quieted in his Possessions.

The Lord North reported, "That the Committee have considered of the Petition of the Earl of Arundell; and concerning the detaining of his Tithes, and being kept out of Possession of a Farm, the Committee are of Opinion, That he may take his Remedy at the Law, to recover his Right; and touching the disposing and detaining of his Rents, the Assessment for his Twentieth and Fifth Part, this Committee are of Opinion, That Notice be given from this House, to those Persons that (fn. 1) detain his Rents, that the Earl of Arundell is in Delinquency, and hath been assessed by the Lords for his Twentieth and Fifth Part; therefore he ought to enjoy his Rents and Possession of his Estate without any Molestation; and that Restitution for what is taken away from him may be made:" Which this House approved of, and Ordered the same accordingly.

Newcastle taken.

A Letter was read, reported from the Committee of both Kingdoms, giving a Relation of the taking of Newcastle, by the Scottish Army, by Assault.

Duncannon taken, and a Frigate.

Next, was read, an Extract of a Letter from Laurance Larcan and Rich'd Symonds, dated from the Fort of Duncannon, October the 6th, 1644; which informs of the taking of the Fort of Duncannon, for the Service of the Parliament; and of the taking of a Frigate, which was going to relieve the Rebels in Ireland.

Hereupon this (fn. 2) House Ordered, To recommend to the House of Commons Mr. Larcan and Mr. Symonds, that they and the Officers might have some Reward given, for their good Service done to the Parliament.

And accordingly this Letter was sent down to the House [† of Commons], by Sir Edward Leech and Dr. Aylett, with the Recommendations as aforesaid.

Situation of Affairs in Pembrook and Ulster.

Likewise an Extract of a Letter was read, from Captain Richard Swanley, informing of the Affairs in Pembrookshire, and the good Success of the Forces in Ulster against the Rebels.

Message from the H. C. for a Conference on the Propositions.

A Message was brought from the House of Commons, by Sir Henry Chomeley and others:

To desire a Conference, concerning Propositions of Peace to be sent to His Majesty.

The Answer returned was:

Answer.

That this House will give a present Conference, as is desired, in the Painted Chamber.

Ordered, That the Lord Admiral be added to the Committee that are appointed to treat with the Scottish Commissioners, about Matters of Religion; and to send to the House of Commons, to desire their Concurrence therein.

Lords to attend.

Ordered, That all the Lords shall have Notice to attend the House To-morrow.

Windows in the Painted Chamber to be glazed.

Ordered, That the Windows in the Painted Chamber be forthwith glazed; and the Charge is recommended to the Committee for the Revenue, to pay for the same.

Monthly Fast to be solemnized.

Ordered, That the Peers do solemnize the Monthly Fast in the Abby Church at Westm.; and the Assembly of Divines is hereby desired to appoint Two Divines to preach before the Lords on Wednesday next, in Westm. Abby, being the Day of the Monthly Humiliation.

Instructions for Gloucester Committees.

Next, the Instructions concerning the Committee of Parliament for the Garrison of Gloucester, and for the Counties of Gloucester, &c. formerly brought from the House of Commons, was read; and it was resolved by the House to be laid aside and sleep.

Ordinance concerning Rutland.

Ordered, That the Committee for the Ordinance for Rutlandshire do meet on Monday Morning next; and to report their Opinions to this (fn. 3) House on Tuesday Morning next, or else this House will take it into Consideration.

Message from the H. C. for a Thanksgiving for taking Newcastle.

A Message was brought from the House of Commons, by Sir Robert Harley Knight and others:

To desire their Lordships Concurrence, that there may be a Thanksgiving the next Lords-day, in all the Parishes in London and Westm. and within the Line of Communication, for the great Success that God hath given to the Scottish Army, in taking the Town of Newcastle.

The Answer returned was:

Answer.

That this House doth affectionately concur, for a Thanksgiving on the next Lords-day, for the taking of Newcastle.

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

Answer from the H. C.

The Messengers return with this Answer from the House of Commons:

That they have already taken into Consideration the Business concerning Mr. Larcan and the (fn. 4) Officers.

Message to the H. C. to add the Ld. Admiral to the Committee for treating about Religion.

A Message was sent to the House of Commons, by Sir Edward and Dr. Aylett:

To desire their Concurrence, that the Lord Admiral may be added to the Committee that is appointed to treat with the Commissioners from the Church of Scotland, concerning Matters of Religion.

Ordered, That the Report of this Conference shall be made To-morrow Morning.

"October 25, 1644.

(fn. 5) "An additional Ordinance of the Lords and Commons assembled in Parliament, to a former Ordinance of the 19 of February last past, granted to divers Persons of the County of Middlesex therein named, for putting the said County into a Posture of Defence, by the better regulating of the Trained Bands, and raising other Forces of Horse and Foot, for the Preservation, Defence, and Safety of the said County.

Ordinance for regulating the Trained Bands, &c. to put Middlesex into a Posture of Defence.

"Whereas, by an Ordinance of the Nineteenth of February last past, certain Persons therein named were ordained and appointed to be a Committee, for Voluntiers of the said County, and such other Forces as then were or should be raised and employed, for the present Defence of the said County and the City of London, by the Order and Advice of the Deputy Lieutenants of the said County, with Power to raise such Sum and Sums of Money as by them should be judged convenient and necessary, for the raising, arming, arraying, training, disciplining, and maintaining of the said Forces, provided that it did not exceed the Sum of Two Hundred and Fifty Pounds by the Week; in Pursuance whereof, and by the good Endeavours of the said Committee, in Execution of the Power and Directions thereby given to them, and by the voluntary and chearful Subscriptions of very many well-affected Inhabitants of the said County without the Lines of Communication, there have been already raised and armed Two Regiments of Foot, consisting of near Four Thousand, besides Two Hundred Horse and Foot, in the Garrison of Woxbridge, Weekly paid by the Inhabitants of the said County without the Line; and more might have long since been raised, with a Body of Horse proportionable to the said Foot, had these of the said County within the Lines of Communication (who are equally concerned in the common Danger, and benefited by the common Defence and Safety of the said County) born their Parts and Proportions in the Weekly Rates and Assessments with the rest of the said County, according to the said Ordinance:

"The Lords and Commons assembled in Parliament, taking the same into their serious Considerations, and foreseeing how necessary it is, both for the Defence and Safety of the said County, to make timely Provision for the better preventing and resisting of any Forces; that shall make, or attempt to make, any Insurrection in the said County; or any Invasion or Incursion into the same, that the said County should be put not only into a good Posture of War (for which Purpose, the said Ordinance was intended), but also that there should be some further Addition made to the said Ordinance, and some larger Power granted to some Persons of known Integrity within the said County, without the Line, for the raising of more Forces, both of Horse and Foot, and the regulating of the same, with Power to levy such Sum and Sums of Money, for the maintaining of such Forces as shall be raised, as to them shall seem convenient and necessary, do think fit to Order and Ordain as followeth, and be it Declared, Ordered, and Ordained, by the said Lords and Commons in this present Parliament assembled, That George Earl of D'Esmond, William Bridges Esquire, Sir Gilbert Gerard, Sir Edward Barkham, Sir Richard Sprignell, Baronets, Sir John Danvers, Sir John Francklin, Sir William Roberts, Sir John Hippesley, Sir James Harrington, Sir John Trever, Sir John Thorowgood, Knights, Laurence Whittaker, John Huxley, Colonel Richard Brown, Thomas Wilcox, John Morris, Richard Downton, Justinian Paget, Gilbert Gerrard, Henry Mildmay, Tobias Massey, John Wroth, Edward Claxton; Robert Hampton, John Alford, James Hawley, Richard Grames, John Hervey, William Lane, Walter Williams, Daniel Proctor, Paul Nicoll, Anthony Aylmer, Christopher Cooper, Theodorus Willy Esquires, John Wolverston, John Redding, Thomas Norwood, John Norwood Junior, Thomas Weeks Junior, Augustine Wing field, William Stisteed, Edward Plumsteed, John Barns, John Dods, Daniel Cole, William Smith, Richard Troute, Thomas Treswallen, Thomas Hogsflesh, John Offley, Edward Prescot, Matthew Coleburn, William Greenhill, Leonard Wealsteed, Henry Arundell, Samuel Edlin, Henry Haley, Richard Nicoll, Stephen Ewer, Thomas Fletcher, Edward Nicoll, John Cornish, Christopher Hill, Robert Morton, Thomas Childe, Ralph Johnson, John Francklin, Arthur Nicoll, Robert Stanbrough, Joseph Downer, Daniell Enderby, Henry Finch, William Warren, John Smith, John Haly, Daniel Brown, John Rowse, John Hill, John Brignishaw, Francis Childe, John Pearce, William Smith of Isleworth, William Maynard, Robert Cromwell, Ezekiell Tanner, William Turner, John Finch, Ralph March, William Finch, William Atlee, Roger Nicoll, Richard Owen, Thomas Moor, Richard Pigge, Reynald Beacham, William Arnold, Henry Proctor, John Arnold, William Earsby, John Cleaver, John Nutmaker, Robert Goodale, William Coomes, John Stevens, Matthew Baker, and Thomas Pitt, Gentlemen, all of them Inhabitants of the said County without the Lines of Communication, and Places mentioned in the Weekly Bills of Mortality, shall be, and are hereby appointed and ordained to be, a Committee for the Militia of the said County of Middlesex, without the Lines of Communication, and Places mentioned in the Weekly Bills of Mortality; and they, or any Seven or more of them, whereof Two to be Deputy Lieutenants, within the Limits aforesaid, shall have Power, and are hereby authorized, to meet and sit, at such convenient Times and Places, and as often, as they shall think fit, for the better and more speedy putting this present Ordinance in Execution, according to the true Intents and Purposes therein contained; and are hereby authorized to raise, out of the respective Towns, Townships, Liberties, and Places, within the said County (other than in such Places as are within the Line of Communication and Weekly Bills of Mortality), such Forces of Horse and Foot, as they, or any Seven or more of them, whereof Two to be Deputy Lieutenants, shall from Time to Time think needful, for the necessary Defence of themselves, (fn. 6) and the Parts adjoining, with whom they are, or shall be, associated for their mutual Defence; and to direct and appoint what Persons, and what Numbers and Companies of Persons, shall from Time to Time be sent forth, armed and prepared, to their Place and Places of Rendezvous; thence to be led and conducted, by such Commanders, Colonels, Captains, and Officers, as by the Deputy Lieutenants of the said County for the Time being, or the greater Number of them, shall be from Time to Time nominated and appointed; and, by Warrants under their Hands, to be directed to such Constable or Constables, or other Person or Persons as they shall think fit, to commit such Persons as shall fully refuse to do the said Service, or not appear at the Places appointed, unto Prison, without Bail or Mainprize, until he or they shall conform themselves thereunto; and if any Officers or Soldiers of the Trained Bands, or other Forces, either of Horse or Foot, of the said County, have heretofore, since the First of October last, refused or neglected, or if they, or any other Forces of Horse or Foot already raised, or to be raised at any Time hereafter, by this Committee or Deputy Lieutenants as aforesaid, shall refuse or neglect, upon Summons, according to this or other Ordinances of Parliament, to attend their Charge, and to appear with their Horse and Arms so charged upon them, or to send some able Man with such Horse or Arms as they are charged withall, or to satisfy, discharge, or pay, all such Sum or Sums of Money, as is, hath been, or from Time to Time shall be, due to, for, or by reason of, their several or respective Horses, Quarters, Riders, hired Men, or otherwise, unto such Person or Persons as shall be thereunto nominated and appointed by the said Committee, or any Seven or more of them, Two whereof to be Deputy Lieutenants, that then it shall and may be lawful to and for the said Committee, or any Seven or more of them, Two whereof being Deputy Lieutenants, for every such Offence, to impose such Fine as to them shall seem fit, upon the Persons making or having made Default; provided it exceed not the Sum of Five Shillings per Diem upon him that shall find or supply a Foot Arms, and Ten Shillings per Diem upon him that shall find or supply a Horse Arms: And if any, that are charged to serve in the Arms of others, shall refuse or neglect to appear, and do their Service upon Summons, that then the said Committee, or Number as aforesaid, shall have Power, and are hereby authorized, to punish them by Fine or Imprisonment, provided that such Fine exceed not the Sum of Two Shillings Six Pence per Diem upon him that serves with a Foot Arms, and Five Shillings per Diem upon him that serves with a Horse Arms, or Ten Days Imprisonment for each; and also to punish, by Fine or Imprisonment, all such as shall be mutinous, or Disturbers of the Peace of the said County, or that otherwise shall be Hinderers or Contemners of the said Service, provided the said Fine exceed not the Sum of Ten Shillings for any One Offence, or Imprisonment till they conform: And the said Committee, or Number as aforesaid, shall have Power, and are hereby authorized, to charge Carts, Carriages, and Horses, for the Furtherance of this Service, allowing so much a Mile for a Cart and Horses, as the Committee, or Number aforesaid, whereof Two to be Deputy Lieutenants, shall think fit; and, in Case of Refusal, to punish the Owners by Fine or Imprisonment, such Fine not exceeding the Sum of Five Pounds, or Imprisonment for Twenty Days; for every Default: And, further to enable them to maintain and pay such Forces as shall from Time to Time be raised, to be drawn forth upon Occasion as aforesaid, the said Committee hereby made, or any Seven or more of them, whereof Two to be Deputy Lieutenants of the said County, shall have Power, and are hereby authorized, from Time to Time, to rate, assess, and tax, or to nominate Assessors to rate, assess, and tax, upon the respective Towns, Townships, Liberties, Persons, and Places, within the said County (other than upon such Places as are within the Line of Communication and Weekly Bills of Mortality), in an equal Way, according to their Estates and Abilities there, or according to the most usual Proportion of Rates in the last Weekly Assessment there, such Sum and Sums of Money as by the said Committee hereby made, or any Seven or more of them (whereof Two to be Deputy Lieutenants of the said County), shall be from Time to Time judged fit and requisite for the said Forces; and also for discharging the Public Debts and Arrearages of the said County, for Fortification of the Town of Woxbridge, and maintaining of the Garrison there, and other Public Charges, since the First of October, 1643; and to nominate and appoint Collectors, for the levying and receiving of the Monies so to be rated or assessed as aforesaid, according to this Ordinance, and to nominate a Treasurer or Treasurers thereof; which said Collectors shall collect the said Sums of Money so to be assessed or taxed Weekly, or otherwise, and shall pay the same to such Person or Persons as shall be so appointed Treasurer or Treasurers thereof as aforesaid, and at such Times and Places as they shall receive Direction in that Behalf from the said Committee hereby made, or any Seven or more of them, whereof Two to be Deputy Lieutenants of the said County; which Treasurer or Treasurers, so to be appointed, shall from Time to Time pay and issue forth such Money as shall be so paid to him or them, in such Sort as the said Committee hereby made, or such of them as aforesaid, shall from Time to Time, by any Warrant or Warrants under their Hands, direct or appoint; and shall keep a Register-book of all such Sums of Money as shall be so received or paid forth by him, them, or any of them; and shall from Time to Time give an Accompt of all such Sums of Money as shall be so received or paid forth by him, them, or any of them, unto the said Committee hereby made, or any Two or more of them, whereof One to be a Deputy Lieutenant of the said County (being thereunto authorized and appointed by the said Committee, or Number aforesaid), when and as often as they shall require the same; and if any of the said Assessors or Collectors, or any of them, shall refuse the said Service, or that they, or any of them, or any Constable, Headborough, or other Person, shall refuse to do or execute any other Act or Service, which shall be required of them, or any of them, in Execution of this Ordinance, or prove negligent or faulty therein, the said Committee hereby made, or such of them as aforesaid, shall have Power, and are hereby authorized, to commit such Assessors, Collectors, Constables, or other Persons, as shall so refuse, or be negligent or faulty, to Prison, or to set such Fine upon him or them as they shall think fit, so as such Fine for any One Offence or Neglect do not exceed Ten Pounds, or Imprisonment Twenty Days, every of which Fines so set shall be collected by the said Collectors, or such others as shall be appointed by the said Committee, or some of them, and shall be paid unto the said Treasurer or Treasurers, and employed to the Use aforesaid: And for the better Advancement of this Service, and Encouragement of those who shall be employed therein by the said Committee, it is Ordained, That Two Pence in the Pound shall be allowed to the said Collectors, for every Sum or Sums of Money collected and paid by them to the said Treasurer or Treasurers; and to such Officers and others as shall be employed in this Service by the said Committee, such Allowance and Satisfaction, as to the said Committee, or Number aforesaid, shall seem meet and expedient, according to their several Pains and Employments; and if any Person or Persons, who shall be sined, rated, or assessed, by virtue of this Ordinance (and who, by the true Intent and Meaning hereof, is, are, or ought to be, chargeable or charged with the Payment of any Sum or Sums of Money, or Fine, which shall be set, rated, or assessed, upon him or them), shall refuse to pay the same, or shall not pay the same unto such Collector or Receivers who shall be appointed to collect or receive the same, upon Demand thereof made by such Collector, or Receiver, (fn. 7) or shall not send it unto such Collector, Collectors, or Receivers, within Four Days next after Notice thereof left in Writing at the Place where such Person shall be then dwelling and abiding, or where such Person as shall be so fined or assessed did dwell or abide at the Time when such Fine was imposed, or Assessment made, that then it shall and may be lawful to and for the said Collectors, Receivers, or any of them, to levy the Sums so imposed or assessed, by Distress and Sale of the Goods of such Persons so refusing or neglecting to pay, wheresoever the same shall be found, deducting the Sum so imposed or assessed, and the reasonable Charges of distraining, and restore the Overplus to the Owner thereof; and if any Person or Persons so distrained, or any other Person or Persons, shall make any Resistance in the Premises, the said Collectors, or any of them, may call to their Assistance any of the Constables, Headboroughs, and Companies of Trained Bands, Voluntiers, or other Persons in the said County, who are hereby authorized and required to be therein aiding and assisting to the said Collectors or Receivers, and every of them, as they will answer the contrary thereof, upon Penalty of such Fine as shall be thought fit by the said Committee, or Number as aforesaid, according to the Nature of their Offence, provided the said Fine exceed not the Sum of Twenty Shillings; and, for such Assistance, are hereby authorized to pay them reasonable Allowance, out of the Offender's Estate; and in Case no sufficient Distress shall or may be found, whereby to pay the Fines, or Sums of Money, which shall be so set, rated, or assessed as aforesaid, then the said Committee hereby made, or any Seven or more of them, whereof Two to be Deputy Lieutenants, shall have Power to imprison the Persons of such Offenders, and are hereby authorized (for the Use aforesaid) to sequester the Rents and other the Estates of all and every such Person or Persons so refusing or neglecting to pay the same, until such Time as the Double Sum of the said Fines, Rates, or Assessments, shall be satisfied and paid; and in such Case also all the Arms of every such Person and Persons so refusing or neglecting to pay any such Fine, Rate, or Assessment, shall be taken away and seized, by the said Committee, or any Seven or more of them, whereof Two to be Deputy Lieutenants of the said County, or their Agents, for the Use and Defence of the said County.

"And it is further Ordained and Declared, That every Person, who hath any Estate in more Places than One within the said County, shall be rated and assessed in every of those Places respectively, for such Estate as he hath there; and where any Lands or Tenements within the County are, or shall be, letten or set at or near the Yearly Value thereof, such Person or Persons to whom the Rent thereof belongeth shall be wholly charged and solely assessed for the same; but where any such Lands or Tenements are or shall be letten or set at any considerable Undervalue, then the Sum which shall be rated or assessed upon or in respect of those Lands and Tenements shall be apportioned by the said Assessors, having an equal Regard to the Proportion of the Rent which the Tenant thereof pays, and the clear Yearly Value of the same Lands and Tenements over and above that Rent; and shall be accordingly assessed upon the Tenant and Person or Persons to whom the same Rent belongs; and what Sum or Sums of Money soever are or shall be set or imposed, by virtue of this Ordinance, upon any Landlord or Landlords, for or in respect of any Lands, Tenements, or Hereditaments, held of them by any Tenant or Tenants, the same Sum and Sums of Money shall be paid by their several and respective Tenants, who shall and may deduct and defalk so much as they shall so pay, out of such Sums of Money and Rents as are or shall be due or owing by them respectively to their respective Landlords, and may retain the same to their own Uses respectively, in Satisfaction of so much as they shall so pay for their Landlords; and for so much as any such Tenant or Tenants shall, by virtue of this Ordinance, pay for any such Landlord, such Tenant or Tenants, his and their Heirs, Executors, and Administrators, and every of them, shall be thereof saved harmless, and is and are hereby thereof discharged, against such Landlord and Landlords, and his and their Heirs, Executors, Administrators, and Assigns, and against all Distresses, Breaches of Conditions, and all other Penalties, Forfeitures, Damages, Losses, Actions, Suits, and Demands, for the same, or by reason of such Tenants Not-payment thereof to such Landlord and Landlords, or other Person or Persons for whom such Tenant or Tenants shall pay the same, by virtue of this Ordinance; and if any Tenant or Tenants, that shall be (fn. 8) cessed or charged, by virtue of this Ordinance, at any Sum or Sums of Money for his or their Landlords, shall refuse or neglect to pay the said Sums, that then it shall and may be lawful to and for the Collectors to levy the same, by Distress and Sale of such Tenant or Tenants Goods as aforesaid.

"And be it further Ordained and Declared, That if any Person or Persons, who shall be rated or assessed, either by virtue of this or of the said former Ordinance, shall find him or themselves aggrieved, and can make it truly and justly appear that he or they is or are over-rated, then such Person or Persons, at any Time before any Distress shall be taken of his or their Goods for his Refusal or Not-payment of such Assessment, may thereof complain to such of the Committee hereby made, or to any Three or more of them, whereof One to be a Deputy Lieutenant of the said County, who thereupon, for the Relief and Ease of such Person or Persons whom they shall judge to be so over-rated, are hereby authorized to moderate or certify the same, and further to do therein as in their Discretions they shall think fit; which being a more ready Way for the Ease and Relief of the Parties complaining than was provided by the said former Ordinance; which invested the Committee for the Weekly Assessments of the said County, or any Two of them, with Power in that Behalf, it is hereby Declared and Ordained, That all such Power, as by the said former Ordinance is given to the said Committee for Weekly Assessments, or any Two of them, shall cease, and shall not be any longer put in Execution: And for the better Execution of the said former Ordinance, which in many Things cannot be put in Execution but by the major Part of the Committee therein named, who, being many in Number, and many of them employed upon other Public Affairs, cannot so often meet to attend that Service as the Necessity of it requires, it is hereby Declared and Ordained, That the said Committee hereby made, or any Seven or more of them, whereof Two to be Deputy Lieutenants of the said County, shall have Power, and are hereby authorized, to do and execute all and every such Act and Acts, Thing and Things, as the major Part of the Committee named in the said former Ordinance might, should, or ought to have done, by virtue of that Ordinance; and that whatsoever the said Committee hereby made, or any Seven or more of them, whereof Two to be Deputy Lieutenants of the said County, shall do or execute, which the major Part of the said Committee named in the said former Ordinance might, could, should, or ought to have done, by virtue of that Ordinance, shall be as valid and effectual, to all Intents and Purposes, as if the same had been done by the major Part of the Committee named in the said former Ordinance.

"And it is further Ordered and Ordained, by the said Lords and Commons, That the Deputy Lieutenants of the said County for the Time being, or the greater Number of them, from Time to Time, shall have Power, and are hereby authorized, to constitute, appoint, and make, such of themselves, or of such other who are named to be Committees, either in this or in the said former Ordinance, or such other Person or Persons as by such Deputy Lieutenants, or the greater Number of them, shall be thought fit, to be Colonels, Captains, and other Commanders and Officers, over all such Forces, both of Horse and Foot, as are or shall be raised by virtue of this and of the said former Ordinance, or either of them; and the same Colonels, Captains, and other Officers, from Time to Time, at their Wills and Pleasures, to remove out of their Places; and in their Places to constitute, appoint, and make, such others as aforesaid, and that from Time to Time, when and so often as they shall think fit; but, in such Nomination and Appointment, they are to take special Care, that such Colonels, Captains, and other Officers, as shall be so constituted and appointed by them, be Men of known Integrity, and such as may be resident in the said County, and may diligently and frequently discipline and exercise such of the said Forces as shall be under their respective Commands.

"And it is further Ordained and Declared, by the said Lords and Commons in this present Parliament assembled, That the said Forces, raised by virtue of this or the said former Ordinance, shall be ordered, governed, and disposed of, by the said Committee, or major Part of them, Four or more whereof being Deputy Lieutenants of the said County, and having Residence within the Limits aforesaid, for the Defence and Safety of the said County, and shall not at any Time be drawn out of the said County without their Consents as aforesaid; and the said County shall not be charged with the Payment of them during their Absence, unless by the Assent and Licence of the said Committee hereby made, or the greater Number of them, whereof Four or more of them to be Deputy Lieutenants as aforesaid, who, in all Cases of imminent Danger, or other emergent Occasion, wherein they shall think it necessary and fit, are hereby authorized to give their Licence and Assent in that Behalf; but, in every such Case, and upon every such Occasion, special Care is to be taken by them, that such Persons as freely and liberally contribute towards the raising and maintaining of the said Forces may be spared from that Service, as much and as often as the said Committee hereby made, or the greater Number of them, shall think it may stand with Expedience and Safety of the said County.

"And it is further Ordained and Declared, by the said Lords and Commons in this present Parliament assembled, That, in regard a great Part of the said County is taken away for the present, by reason of the Lines of Communication, which otherwise would be liable to contribute towards the foresaid Garrison of Woxbridge, and other Public Charges of the said County, that whatsoever Sum or Sums of Money, or other Goods, of any Delinquents, that shall be intercepted or discovered by Means of the said Garrison, shall be wholly at the Disposal of the Committee named in this Ordinance, or Number as aforesaid, towards the Maintenance of the said Garrison, and other Public Charges of the said County.

"Provided, and be it further Ordained and Declared, That the said former Ordinance of the Nineteenth of February shall, as to all the Power, Purposes, and Things therein contained (except only as to such of the Powers thereby given as are hereby ordained to cease, and not to be put any longer in Execution), (fn. 9) continue and be in full Force and Effect; nevertheless, with such Alterations and Additions as are hereby made or intended; all which are to be put in Execution according to the true Intent and Meaning of this Ordinance, and shall be as effectual to all Intents and Purposes as if the same had been at first contained in the said former Ordinance.

"And it is lastly Ordered, Declared, and Ordained, That the good Endeavours of the Committee named in this and the said former Ordinance, and either of them, and of all such other Person and Persons as shall be active or assisting in the Execution of the Premises, or in advancing or furthering of this Service, are and shall be taken as real and public Testimonies of their good Affection to the Public Weal; and they, and all such others as shall act according to the true Meaning of this and the said former Ordinance, or either of them, shall be for so doing protected, and saved harmless, and indemnisied, by the Power of the Parliament:

"Provided, That this Ordinance shall continue and be in full Force for Six Months, and no longer.

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

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

Adjourn.

House adjourned till 8a cras.

Footnotes

  • 1. Origin. detaining.
  • 2. Deest in Originali.
  • 3. Deest in Originali.
  • 4. Origin. offers.
  • 5. This Ordinance is printed, and bound in with the Original.
  • 6. aty.
  • 7. as.
  • 8. Origin. ses.
  • 9. Shall continue.