House of Lords Journal Volume 7: 10 June 1645

DIE Martis, 10 die Junii.

PRAYERS, by Mr. Arrowsmith.

Ds. North, Speaker this Day.

James's Petition.

Ordered, John James's Petition be referred to the Committee for Foreign Affairs.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:

That they agree to the Amendments in the Ordinance concerning Hampshire: (Here enter it.) As concerning the Earl of Stamford's Petition, they will send an Answer by Messengers of their own.

A Letter was read, directed thus:

Letter from Sir T. Fairfax & al. for Gen. Cromwell to command the Horse.

"For the Right Honourable the Lord Grey of Warke, Speaker of the House of Peers pro Tempore.

My Lord,

"Upon serious Consideration how the Horse of this Army may be best ordered to the Advantage of the Public Service, we find, that, being as great a Body as any the Parliament ever had together in One Army, and yet having no General Officer to command them; for Want thereof, both much of the Service they might do will be impeded, and great Danger and Inconvenience may befall the whole Army, especially in a Day of Battle; and therefore we make bold to represent to your Lordship and that Honourable House our humble Desire, that Lieutenant General Cromwell (so long as his Attendance upon the House of Commons may be dispensed with) be appointed to execute that Place, which we hope may prove as advantageous to the general Good, as it will be acceptable to us, who are Your Lordship's humble Servants,

Sherrington, June 8th, 1645.

"Tho. Fairefax.
Ph. Skypon.
Tho. Sheffeild.
Tho. Rainborough.
H. Ireton.
Tho. Hammond.
E. Mountague.
J. Pickeringe.
Rob. Hammond.
Jo. Butler.
Charles Fleetwood.
Edw. Whaley.
Harcourt Leighton.
Tho. Herbert.
Jo. Potter.
Wm. Spenser.
Wm. Staine.
Leon. Watson."

To be taken into Consideration To-morrow Morning; and the Lords to have Notice, to be present.

Answer from the H. C.

Mr. Serjeant Whitfeild and Mr. Serjeant Fynch return with this Answer from the House of Commons:

That they agree to the Ordinance concerning Mr. Becke. (Here enter it.)

Ordinance for Sir T. Fairfax to press Men.

An Ordinance was brought in, for giving Power to Sir Tho. Fairefax to press Men, for his Army; which was read Thrice, and Agreed to; and Ordered to be sent to the House of Commons, for their Concurrence.

(Here enter it.)

Ordinance to collect the Arrears due on sundry Ordinances.

The House was adjourned into a Committee during Pleasure, to take into Consideration the Ordinance concerning getting in Arrears.

The House being resumed, the said Ordinance was committed to the Consideration of these Lords following:

Any Two, to meet To-morrow in the Afternoon, in the Prince's Lodgings.

Message to the H. C. with Sir T. Fairfax's Ordinance to press Men, and with the One to raise 21000l. Monthly, for the Scots Army.

A Message was sent to the House of Commons, by Sir Edw. Leech and Mr. Page:

To deliver the Ordinance concerning Sir Tho. Fairefax for pressing of Men, and desire their Concurrence therein; to let them know, that this House agrees to the Ordinance for raising the One and Twenty Thousand Pounds for the Scottish Army, with some Alterations, and desire their Concurrence therein.

Message from thence, to expedite the One for collecting the Arrears;

A Message was brought from the House of Commons, by Sir Robert Pye Knight, &c.

To desire Concurrence in these Particulars:

1. To desire Expedition to the Ordinance concerning the Arrears.

for Colonel Tillier to be exchanged for Sir R. Pye;

2. That the Lords and Commons do approve of, and agree unto, the Exchange of Colonel Henry Tillier, Prisoner to the Parliament, for Sir Rob't Pye Junior, Prisoner to the King's Forces: And it is further Ordered, That the Manner of expediting this Exchange, and returning the Prisoner exchanged, be referred to the Committee of both Kingdoms.

Agreed to.

with Committees Names for Middlesex, &c.

3. That Mr. Francis Gerrard, a Member of the House of Commons, be added to the Committees, in the several Ordinances of Parliament, for the City of Westm. and County of Midd.

Agreed to.

4. That Mr. Guilbert Gerard be added to the Committees, in the several Ordinances of Parliament, for the City of Westm. and County of Midd.

Agreed to.

and for the Committees for Excise to meet.

5. That the Committee of Lords and Commons for the better carrying on the Affairs of Excise may meet this Afternoon, at Three of the Clock, in the Star Chamber.

Agreed to.

The Answer returned was:

Answer.

That this House hath sent down the Ordinance for Arrears, with some Alterations, to the House of Commons: To all the rest of the Particulars of this Message, their Lordships do agree to them.

Cable and Cross.

Upon reading the Petition of Barthol Cable, and the Certificate of Sir Nathaniell Brent and Dr. Aylett: It is Ordered, That Crosse, and the other Parties that have done him the Wrong, shall appear before this House, to answer the same, within Six Days after this Order hath been served upon them; and that the Petitioner shall be protected from all Arrests and Suits, until this Business be determined.

Upon reading the Petition of Anthony Bourchier, Nath. Hall, and others, the Sworn Clerks in the Office of His Majesty's Remembrancer of the Exchequer: It is Ordered, That the Consideration of this Business is referred to the Committee of Lords appointed for Sutton Marsh; and that Mr. Baron Trevor do attend that Committee To-morrow Morning, at Eight of the Clock, in the Prince's Lodgings; and the Clerks of the Exchequer shall attend, with their Precedents and Notes, concerning the Directions of Bills.

Ordinance to raise 20000l. to reduce Oxon.

Ordered, That the Ordinance concerning the raising of Twenty Thousand Pounds, for reducing Oxford, shall be taken into Consideration To-morrow Morning.

Col. Fielding to procure his Exchange.

Upon reading the Petition of Colonel Ric'd Fielding, Prisoner; desiring "he may have a Pass, to carry the Names of those Persons for his Exchange to the King, that so he may, within Forty Days, either procure the Release of the Prisoners, or return in Person." (Here enter it.)

Hereupon this House Ordered, That in regard the Armies are near, and ready to engage, that the said Colonel Fielding do give it upon his Honour to this House, "That he will not be engaged in any Action until the Prisoners are returned, which are in Exchange for him."

And upon this Condition the House gave him Leave to go.

Eaton released from an Arrest.

This Day John Eaton, in actual Service of the Parliament, was brought to the Bar, by a Habeas Corpus, and released from his Imprisonment.

Ordinance for Mr Beck to have Mr. Chamberlain's Place in the Court of Wards.

"Whereas, by an Ordinance of the 14th of April, 1644, in respect of the Departure to Oxford of Mr. Richard Chamberlaine, One of the Clerks of the Court of Wards and Liveries, and of his Neglect of the Duty and Trust belonging to his said Place, and of his Adherence to, and Combination with, such as were and are in actual War against the Parliament, it was Ordered, by the Lords and Commons in Parliament assembled, That Miles Corbett Esquire, should have and execute the said Place and Office formerly belonging to the said Mr. Chamberlayne, and should enjoy all just and due Fees and Profits thereunto belonging: Now, forasmuch as by the Ordinance of the Lords and Commons in Parliament, of the Third of April, 1645, intituled, "An Ordinance for the discharging of the Members of both Houses from all Offices both Military and Civil," it is Ordained, by the Lords and Commons assembled in Parliament, That all and every of the Members of either House of Parliament shall be, and by Authority of the said Ordinance are, discharged, at the End of Forty Days after the passing of that Ordinance, of and from all and every Office and Command, Military or Civil, granted or conferred by both or either of the said Houses of this present Parliament, or by any Authority derived from both or either of them since the 20th Day of November, 1640; by virtue whereof, the said Miles Corbett Esquire, being a Member of the House of Commons, is, by the Authority of the said last recited Ordinance, discharged, at the End of Forty Days after the passing thereof, of and from the said Office of One of the Clerks of the Court of Wards and Liveries, which was formerly belonging to the said Mr. Richard Chamberlayne, in respect that the said Office was conferred upon the said Miles Corbett Esquire, by the Ordinance and Authority of both Houses of Parliament, since the said 20th of November, 1640: The Lords and Commons in Parliament assembled, taking it into Consideration, that the said Office of One of the Clerks of the said Court of Wards and Liveries is a Place that is not to be permitted to lie void or undisposed of, but present Care to be taken for the supplying of the same with a fit and able Person, in regard of the necessary Attendance and Discharge of Dispatches that pertain to the said Place; and holding Gabriell Becke, of Lincolnes Inne, Gentleman, a fit and able Person to execute and discharge the same; have Ordained, and be it Ordained by the said Lords and Commons in Parliament assembled, That the said Gabriell Becke shall have, hold, enjoy, and execute, the said Place and Office, formerly belonging to the said Master Chamberlayne, and lately held and executed by the said Miles Corbett Esquire, immediately from and after the End of the said Forty Days, at the Expiration whereof the said Miles Corbett stood discharged thereof by the Ordinance before recited; and the said Gabriell Becke shall receive and take all the Fees, Profits, and Perquisites, belonging to the said Office, or due by reason of the Execution thereof, to the Use of the Commonwealth, for so long only as this War shall endure; out of which, the said Gabriell Becke shall, in the First Place, have, retain, and keep to his own Use, for his Care, Pains, Charge, and Industry, such a fitting Proportion and Allowance as the said Lords and Commons shall appoint; and the said Gabriell Becke is hereby accordingly constituted One of the Clerks of the said Court of Wards and Liveries, in the said Place formerly executed by the said Richard Chamberlayne."

Col. Fielding's Petition for his Releasement, to procure his Exchange.

"To the Right Honourable the Lords assembled in the High Court of Parliament.

"The humble Petition of Colonel Richard Feilding, Prisoner;

"Humbly sheweth,

"That whereas, by your Lordships former Order, a Pass was granted from the Earl of Essex, upon the Engagement of my Honour, for my Repair unto the King for my Exchange; and being returned within the Time prefixed, with Offer of an Exchange, which was not here accepted of; but understanding since, that both Houses are resolved to demand other Persons of His Majesty for myself: Both your Lordships Favours, for which I must ever hold myself engaged, as also the Respect I bore to my own Honour and your Lordships Commands in my punctual Observance of them, may as well encourage me to demand, as give your Lordships Ground and Occasion to grant me, the same Liberty, that I may carry the Names of those Persons to the King, or any of His Armies where they shall be, for their Release, or return myself in the same Condition I am now in: For which, I do again engage the Honour and Faith of a Gentleman and Soldier.

"And your Petitioner shall ever pray, &c.

"Ri. Feilding."

(fn. 1) "An Ordinance of the Lords and Commons assembled in Parliament, enabling the Committee of Southampton to put in Execution all Ordinances of Parliament, for levying of Money, and raising of Forces, for the Safety of the said County.

Ordinance to enable the Committee of South'ton to execute all Ordinances for raising Men and Money.

"Whereas the County of Southampton hath been and is miserably oppressed, not only by the Enemy's Armies, but by their Garrisons there, and in the adjacent Counties: Be it Ordained, by the Lords and Commons in this present Parliament assembled, That the Committee hereafter named, or any Five or more of them, and no other, are hereby authorized to put in Execution the Ordinance of both Houses of Parliament, for sequestering the Estates of Papists and Delinquents in the County of Southampton; the Ordinance for raising the Fifth and Twentieth Parts, and all other Ordinances of Parliament not yet executed, for the raising and levying of Money in the said County; and are to have as full and ample Power as any of the Committees in any of the asorenamed Ordinances had thereby, for the raising thereof, by virtue of any of the said Ordinances; and the said Committee to be nominated by virtue of this present Ordinance, or any Five of them, shall nominate and appoint Collectors for the said Monies, and a sufficient Treasurer or Treasurers for the Receipt of the said Money from the said Collectors; and have also Power hereby to call to Accompt all Collectors, Treasurers, or others of the said County, that have, or shall be thought to have, any Monies in their Hands, raised or levied by any of the Ordinances aforesaid; and to cause the Money in their Hands to be paid to such Treasurer or Treasurers of the said County as shall be nominated by virtue of this present Ordinance: And if any the said Collectors, Treasurers, or others, shall refuse to accompt, or to pay in such Monies which shall appear before the said Committee, or any Five of them, by the Testimony of Two sufficient Witnesses, or by the Parties own Confession, or by any other sufficient Proof so appearing to remain in his or their Hands, then the said Committee, or any Five of them, shall and are hereby authorized to grant a Warrant or Warrants, to distrain for the same; and, at the End of Three Days after such Distress taken, to sell the same, for the Payment thereof; and to return the Overplus to such Person or Persons distrained as aforesaid.

"Be it also further Ordained, by the Authority aforesaid, That, for the relieving and more speedy reducing the said County, the Committee hereafter named, or any Five or more of them, whereof Three to be Members of Parliament, shall have Power to fortify any Place or Houses in the said County, and to raise and regulate the Forces of that County, both of Horse and Foot, according to the Commands of Parliament, or Committee of both Kingdoms; and to nominate and appoint Commanders over the said Forces both of Horse and Foot, who, upon their Recommendation, or any Five of them, whereof Three to be Members of Parliament, to the Members of both Houses of the Committee of both Kingdoms, are to have from them, or any Five of them, Commissions for the said Commanders; the said Members of both Houses of the said Committee of both Kingdoms being hereby authorized for their granting thereof.

"And it is also hereby further Ordained, That the said Committee, or any Two or more of them, shall and are hereby authorized and enjoined to raise, levy, and imprest, in the said County, such a Number of Soldiers as shall be necessary for the Service aforementioned, and to command all Constables and other Officers to be aiding and assisting them in the said Service of impresting; and if any Person or Persons shall wilfully refuse so to be imprest for the said Service, that then it shall and may be lawful to and for the said Persons, so authorized as aforesaid, to commit them to Prison, until they shall yield Obedience, or pay the Sum of Five Pounds to the said Committee, for the Supply of the said Service.

"Provided always, That this Ordinance shall not extend to the pressing of any Clergyman, Scholar, or Student, in any the Universities, Inns of Court or Chancery, or House of Law; or any the Trained Bands in the County; or of any Person rated in the last Subsidies granted by Parliament, or the Son of any Person rated at Five Pounds Goods, or Three Pounds lands, in the Subsidy-books; or of any Person of the Rank or Degree of an Esquire or upwards, or the Son of any such Person; or the Son of the Widow of any such Person; or to the pressing of any Person under the Age of Eighteen, or above the Age of Fifty; or of the Members or Officers of either Houses of Parliament, or of the menial Servants of the Peers of the Kingdom, or Officers of either of the said Houses, or any the Assistants or Attendants of the Lords House, or any of their menial Servants; or any the Inhabitants of the Isle of Wight or Cinque Ports; or of any Mariner, Seaman, Waterman, or Fisherman; or any Officer employed in the Office of Excise, or in the Office of Customs for Tonnage and Poundage.

"And, for the Purposes aforesaid, it is Ordained, That the said Committees, or any Five or more of them, whereof Three to be Members of Parliament, shall have hereby full Power and Authority to tax and assess the said County what they in their Discretion shall think fit, so that it exceed not the Sum of Six Hundred Pounds by the Week; and to constitute and appoint Assessors, Collectors, and Treasurers, for the assessing, levying, and receiving, of the Sum assessed; and shall have full Power and Authority to compel the Payment thereof, and punish the several Assessors, Treasurers, Collectors, and other Officers, neglecting their Duty therein, either by Fine or Imprisonment, so the Fine exceed not the Sum of Ten Pounds, nor the Imprisonment the Time of Two Months.

"And be it further Ordained, That the several Sums of Money raised in the said County by this present Ordinance, or by virtue of any of the aforementioned Ordinances, shall be issued out for the Purposes aforesaid, and for Payment of the Debts of the said County contracted for the Service of the Parliament, by Warrant of the said Committee, or any Five of them, whereof Three to be Members of Parliament.

"And be it Ordained, That the Persons hereafter named, and no other, shall be Committees, to put in Execution this present Ordinance; (videlicet), Philip Earl of Pembrooke & Montgomery, and William Earl of Sallisbury; Sir Henry Worsley, and Sir William Lewis, Baronets; Sir William Uvedall, Sir Thomas Jervoyse, Sir John Evelin, Sir William Waller, Sir Henry Mildmay, and Sir John Compton, Knights; Robert Wallopp, Richard Whitehead, Richard Norton of Southwicke, William Jepson, Edward Dodington, Richard Jervoyse, John Lisle, John Button, Edward Hooper, John Bulkley, John Kemp, John St. Barbe, John Hooke, Richard Major, Nicholas Love, William Pitt, John Wouldridge, Edward Douse, Henry Campion, John Fielder, Thomas Bettesworth of Chidden, Francis Rivet, William Ball, William Wither, Thomas Cole, Henry Bromfield, James Tutt, Richard Moore, and Thomas Creswell of Heckefield, Esquires, Robert Knapton, Alexander Wilson, William Woulgar, John Hildesley, Thomas Dowse of Elden, William Goore, Thomas Gale, and John Eliot, Gentlemen; Moore Fauntleroy, George Gallopp, and Edward Exton, Esquires.

"Provided always, That no Soldier be any Collector or Treasurer of any Monies within the said County, without special Warrant.

"And be it also Provided, That no Free Quarter be taken in that County, but by Order from the Committee, or Five of them; and if that, upon any Necessity, Free Quarter be taken, either by Horse or Foot, raised or maintained as aforesaid, upon Complaint (fn. 2) to the said Committee, or any Five of them, they shall have Power to give Satisfaction to the Party aggrieved there, and shall deduct a reasonable Allowance for the same, out of the Pay of the Officers and Soldiers taking the same as aforesaid.

"And be it lastly Provided, That this Ordinance, nor any Clause therein contained, shall extend to the Isle of Wight.

"Hen. Elsynge, Cler. Parl. Dom. Com."

Adjourn.

House adjourned till 9^a cras.