House of Lords Journal Volume 8: 21 January 1646

DIE Mercurii, 21 die Januarii.

PRAYERS, by Mr. Taylor.

Ds. Grey de Warke, Speaker.

Guill and Higenius, &c.

Upon reading the Petition of John Guile, &c. concerning Doctor Higenius' Business: It is Ordered, That the Commissioners who have the Depositions of the Witnesses concerning Doctor Higenius' Business and John Pulman, shall have a Copy of this Petition, and return their Answer to this House within Ten Days after Notice; and then this House will take the same into further Consideration.

Paper from the Committee of the West.

The Lord Robertes reported from the Committee of the West, a Paper; which was read, as follows.

(Here enter it.)

Ordered, That this House agrees to this Report.

Message to the H. C. with it.

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

To deliver to them the Paper this Day reported from the Committee of the West; and let them know, that this House approves thereof, and desire their Concurrence therein.

Walford's Ordinance.

Next, an Ordinance brought from the House of Commons, for granting to Edward Walford to enjoy the House he now lives in, Rent-free, was read, and Agreed to. (Here enter it.)

Ordered, That Sir Dudley Carlton shall have the Pass of this House, to go into Holland, with the Ships that are now going with Cloth, and to return again into England with the said Ships.

Carr's Petition in Behalf of Sir Robert Carr.

Upon reading the Petition of Robert Carr Gentleman, concerning Sir Robert Carr Knight: It is Ordered, That the Lady Carr, Wife to the said Sir Robert Carr, shall have a Copy of this Petition, and shew Cause to this House why this Petition should not be granted; and then this House will give such further Directions therein as they shall see Cause.

Message to the H. C. with the Paper from the Committee of the West;

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

1. To communicate to them the Paper reported from the Committee of the West; and to let them know, that this House approves of it.

and for Concurrence in Ordinances.

2. To desire their Concurrence in the Ordinance for selling some Materials at Paul's Church, for paying some poor Workmen.

3. To desire Expedition in the Ordinance formerly sent.

Ordinance for Walford to have his House Rent-free.

"Ordered, by the Lords and Commons in Parliament assembled, That Edward Walford, a Messenger attending on the House of Commons, shall have the House he now lives in, Rent-free, and free from Payment of any Arrears formerly due from him for the said House; and that the Committee for Sequestrations in Westm. do grant him the said House Rent-free accordingly."

Carr's Petition complaining of Sir R. Carr's being closely confined, and of Prujean's making a false Return to a Habeas Corpus obtained for him.

To the Right Honourable the Lords in Parliament assembled.

"The humble Petition of Rob't Carr Gentleman;

"Sheweth,

"That your Petitioner, for these Four Years last past, hath been employed Solicitor to Sir Rob't Carre Baronet: That the said Sir Rob't Carre was, in May, 1644, by Warrant, attached at Aswarby, in Lincolnesheir, and by a Guard of Musketeers brought the 17th of that Month to London, committed to the Custody of Malignants and Papists, where he continued till June last, and is still in Durance, not being suffered to enjoy his Friends, Acquaintance, or any Servant, or permitted to go to Church, or Divines admitted to him; or his usual Physician Doctor Clarke, or Mr. Goure, Minister of the Parish, allowed Access to him: That the said Sir Robert Carre hath advanced, in Horses, Arms, Monies, and in his Estate suffered for the Service of the State, Twenty Thousand Pounds; still resolving, in so religious, just, and honourable a Cause, to adventure all that can be near or dear to a loyal Common-wealth's-man.

"That the said Sir Robert Carre, finding himself much endangered both in his Soul and Body (as by Letters from him appears) by that his Imprisonment, and having desired, under his own Hand, that if there were any Thing wherewith he stood charged and committed, that he might have the Liberty of a free-born Subject, to answer either by himself or Counsel; which being denied, he the said Sir Robert Carre gave Order to your Petitioner, to use all lawful Means for procuring his the said Sir Robert Carre's Liberty; in Pursuit whereof, a Writ of Habeas Corpus, by Advice of Counsel, was procured, directed to one Francis Prujean, in whose Custody he was; to which Writ the said Prujean made a false Return, whereby your Petitioner was disabled further to prosecute his the said Sir Robert Carre's Enlargement, till a Letter of Attorney signed by him could be procured, to authorize the Prosecution of an Action of the Case for the false Return.

"The Premises considered, and for that there is no Way left for procuring his the said Sir Robert Carre's Liberty in a Course of Law (your Petitioner and all other his desired Friends being debarred Access to him); and for that he the said Sir Robert Carre is in Danger utterly to be lost, not being suffered to communicate his sad Condition by Letters to his Friends; your Petitioner humbly prayeth that the attaching, committing, guarding, and denying him the said Sir Robert Carre Christian Liberty and human Society, may be taken into your honourable Considerations; and that, by your Lordships Order, he may have Liberty to answer before your Lordships at the Bar what shall be objected against him, and in the Interim, his Friends, Acquaintance, and your Petitioner, ordered Access to him.

"And your Petitioner shall pray, &c.

"Robert Carre."

"13 Jan. 1645.

Paper from the Committee for the West, with a Particular of the Forces and Garrisons to be employed and maintained for Defence of the Western Counties, under General Massie.

The Report of the Sub-Committee to the Committee of Lords and Commons for the Safety of the Western associated Counties.

"The Committee are of Opinion,

According to an Establishment agreed upon by the Committee of the West.

That the Forces to be employed under the Command of Major General Massey, for the Preservation of the Western Counties, and Good of the Kingdom, are to consist of Five Regiments of Foot, every Regiment containing Twelve Hundred Common Soldiers, besides Officers; Four Regiments of Horse, every Regiment to contain Six Troops, every Troop One Hundred Horse; and of Four Companies of Dragooners, every Company containing One Hundred Horse; and that a Train of Artillery be allowed, to consist of,

"That, as well for the Ease of Charge to the State, as for the more Security of the associated Western Counties, those Five Regiments of Foot are to be commanded by Five Colonels, who are to be the Governors of Five Garrisons hereafter mentioned (videlicet,)

"Governor.

Two Members of the House being yet Governors, the House to order those Commands.

That the Four Regiments of Horse be commanded by Major General Massey, Colonel Sir Francis Drake, Colonel Cooke, and Colonel Fittz James.

The Fourth Captain to be appointed by the Major General.

"That the Four Companies of Dragooners be commanded by Captain Nicholls, Captain Dewy, and Captain John Yeo.

"That the Garrisons to be continued and kept in the said associated Counties (rebus sic stantibus), besides Plymouth, Colonel Weldon Governor; and Bristoll, Major General Skippon Governor; are to be,

Governors.

Highworth. A Quarter.

"The rest of the Garrisons to be reduced.

"That, out of the Five Regiments of Foot, Four Regiments of Horse, and Four Hundred Dragooners, Major General Massey shall appoint unto the Five respective Garrisons and the Wilts Garrisons such convenient Number of Soldiers as he shall think fit; having regard unto their respective Dangers, and to the Motions of the Enemy.

"And so likewise shall have Power to draw out of the said Garrisons more or less Number of Soldiers, with their Commanders; and shall likewise appoint unto the respective associated Counties a Troop, more or less, of Horse, to guard the Counties, and to aid the the Levies of Money.

"That the aforesaid Garrisons, consisting at present of the Numbers of Soldiers hereafter mentioned, are to be recruited as followeth:

"That, for the raising of these Recruits, the several Counties shall be charged as followeth; (videlicet,)

"That it doth not appear to us, that there is any Want of Horse (wherein Major General Massey is to be consulted withall); Two Hundred Horse being recruited, to make up the Number full.

That the Monthly Charge to maintain the said Forces and Garrisons, according to the late Establishment in reducing of the Officers Pay, will be as followeth:

"That the Means to raise this Money must be out of the Assessments of the respective Counties; (videlicet,)

"That Seven Thousand Pounds, the Remainder of Twelve Thousand Pounds, upon the Ordinance of the 12th Day of August last, be appropriated to the Charge of Recruits, Arms, &c.

"That Twelve Thousand Pounds more be charged on the Excise or Sequestrations, for One Month's Pay of Arrears, due unto Major General Masseye's Brigade.

"That, for the due and more certain raising of the Assessments on the several Counties, and the better Improvement of Delinquents sequestered Lands, it is very requisito that some able, experienced, discreet Persons, Members of the House, be sent down, to join with the Committees of the several Counties, to lay a Foundation and Frame of Things, in Manner of a Survey, to be put into a Ledger-book, a Counterpart to be sent up, and remain with the Committee: Which will serve for several Uses;

"As, it will ascertain the Yearly Revenue of their Rents, with Expectation of Improvement, and satisfy the Committee how the Five Thousand Pounds Monthly laid on those Lands, for the Maintenance of the Forces under the Command of Major General Massey, may be raised, and constantly paid in; lest, through the Default of due and orderly Payment of the Army, the Counties be oppressed with Free Quarter, which will occasion Mutinies, or at least obstruct the due Payment of their Assessments; and it will serve to direct the Committee at Gouldsmiths Hall in the making their Compositions.

That the Committee of both Kingdoms be acquainted with the Resolution of this Committee, and moved to write unto Sir Thomas Fairefax, to continue a considerable Part of Horse and Foot, to assist the Western Forces to oppose the Enemy there; and by all Ways to weaken him until Excester be reduced."

Adjourn.

House adjourned till 9^a cras.