House of Lords Journal Volume 6: 5 September 1643

DIE Martis, 5 die Septembris.

PRAYERS.

Lord Grey of Warke Speaker.

Answer from the H. C. about the Ordinance for Defence of the City.

The Messengers sent Yesterday to the House of Commons return this Answer:

That they do agree with their Lordships in the Alterations in the Ordinance for raising Monies within the Communicating Lines. (Here enter it.)

Message from thence, with an Order.

A Message was brought from the House of Commons, by the Lord Grey of Ruthin, &c.

To desire Concurrence in an Order for supplying the Earl of Manchester with Arms and Ammunition. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Order now brought.

The King's Bridge to be repaired.

Ordered, That the Officers of the King's Works shall take present Care for the repairing of The King's Bridge, in Westm.

Pettus and Bancroft.

Ordered, That the Difference between Katherin Pettus and Bancroft shall be heard on Friday next, by Counsel on both Sides.

Justice Berkley's Trial.

Ordered, That the Trial of Mr. Justice Berkley shall be heard on Thursday Morning next, peremptorily.

Message to the H. C. about it.

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

To let them know, that their Lordships have appointed Thursday next peremptorily, and desire the House of Commons to send some Persons up to manage the Evidence.

Bickley.

Ordered, That Bickley shall shew Cause to this House on Friday next, why the Order formerly made concerning the Sequestration of his Estate shall not be confirmed, according to the Report of Mr. Justice Reeve.

Baron Henden, to attend.

Ordered, That Mr. Baron Henden shall be sent for, to attend this House speedily, as an Assistant.

Order for Supply of Arms, &c. for the Forces under the Earl of Manchester.

"Whereas divers and sundry Persons, Citizens of London and others, out of their good Affections to the Parliament and Kingdom, and for the necessary Defence and better Security of both, have at this present undertaken to provide and furnish such a Quantity and Proportion of Ammunition and Arms, as will amount in Value to the Sum of Five Thousand Pounds, to be delivered into the Magazine, or Store, in the Custody of Bradly, and Lieutenant Colonel Owen Rooe, at such Rates and Times as shall be agreed on betwixt the said several Persons and the said Store-keepers: It is therefore Ordered and Ordained, by the Lords and Commons in this present Parliament assembled, That the said Persons shall be fully satisfied and paid the said Sum of Five Thousand Pounds, out of all such Taxations, Assessments, and Sums of Money, as are already in Arrear, and to be levied, collected, and paid, in, upon, and out of, the several Counties of Essex, Kent, Norff. and Sussex, by virtue of the last Ordinance of Parliament made and Ordained for the Weekly Assessment thereof, upon the said several Counties; the same to be forthwith paid unto the said Persons, by the Treasurer at Wars, as soon as it shall be by him received from the several Collectors or Receivers of the Counties aforesaid; and the said Treasurer at Wars is hereby required and authorized to make Payment thereof accordingly to such Person as shall sell any such Arms, to the Use of the State, and deliver the same to the said Store-keepers, upon Certificate under the Hands of the said Mr. Bradly and Mr. Rooe, or One of them, upon Warrant obtained, upon such Contracts from the Committee of the Safety of the Kingdom as is usual in such Cases: Provided always, and be it Ordered and Ordained, by the Authority aforesaid, That no Part of the said Monies to be paid by the said Counties as aforesaid shall be converted to any other Use, until the said Sum be First paid to the said Persons, who have undertaken for the said Ammunition and Arms as aforesaid."

An Ordinance of the Lords and Commons in Parliament, for the speedy raising of Monies, and furnishing One or more Magazine or Magazines of Arms and Ammunition, and other necessary Charges, for and concerning the raising of Horse, and other Military Forces, within the Hamlets of The Tower, the City of Westm. the Borough of Southwarke, and other Parts of the Counties of Middlesex and Surrey, within the Forts and Lines of Communication, and Parishes adjacent, mentioned in the Weekly Bill of Mortality.

Ordinance for raising Money, for Defence of London, &c.

The Lords and Commons in Parliament assembled, finding that there is for the present an urgent Necessity for the speedy raising and levying a considerable Sum of Money, for the providing of One or more Magazine or Magazines of Arms and Ammunition, and for other necessary Charges, for and concerning the Raising and Payment of Horse, and other Military Forces, within the Hamlets of The Tower of London and Liberties thereof, the City of Westminster and Liberties thereof, the Borough of Southwarke and Liberties thereof, and all other Parts and Places of the Counties of Midd. and Surry, within the Forts or Lines of Communication, and Parishes adjacent, mentioned in the Weekly Bill of Mortality; the just Defence of Religion, the Privileges of Parliament, the Laws and Liberties of the Subject, and Safety of the City of London, and of the Parts and Places aforesaid, and consequently of the whole Kingdom, calling and requiring for their utmost Aid herein; have hereby Ordained and Declared, and be it hereby Ordained and Declared, by the said Lords and Commons in Parliament assembled, and by the Authority of the same, That, for the Intents and Purposes aforementioned, the several and respective Sums of Money hereafter in this Ordinance expressed shall be respectively charged, rated, taxed, and levied, upon the several Divisions, Limits, and Places hereafter mentioned, according to the Proportions and Distributions in this Ordinance expressed; that is to say, upon the said Hamlets of The Tower of London and Liberties, the Sum of Four Thousand Pounds; upon the City of Westm'r and Liberties thereof, and other the Liberties, Parishes, and Places adjacent, in the County of Midd. within the Forts and Lines of Communication, and other adjacent Parishes and Places, within the said County of Middlesex, mentioned in the Weekly Bill of Mortality, the Sum of Six Thousand Pounds; upon the Borough of Southwarke and Liberties thereof, and all Parishes and Places adjacent, within the Forts or Lines of Communication, within the County of Surrey, and other Parishes and Places within the said County of Surrey, mentioned in the said Weekly Bill of Mortality, the Sum of Four Thousand Pounds.

And be it further Ordained, That all and every Person and Persons whatsoever, residing or inhabiting within any the Places or Divisions aforementioned, for every Estate, Real or Personal, that every such Person or Persons, or any other, hath to his or their Use, in Trust or otherwise, shall pay towards the said Sums his and their proportionable Part and Proportion of such Sum or Sums of Money, as by virtue of this Ordinance shall be so imposed, charged, set, or assessed, as aforesaid, according to the true Intent and Meaning thereof; and that the respective Subcommittees of the respective Places abovementioned, appointed by the Committee of the Militia of London, according to the Ordinance of Parliament dated the 19th of July last, shall have full Power and Authority, within their several and respective Limits and Divisions, to direct their Warrants to such Number of Persons as they shall think fit, thereby nominating and appointing them to be Assessors, within their respective Limits and Divisions aforesaid; which Persons, so nominated and appointed, shall hereby have full Power and Authority to assess, tax, or rate, all and every such Person and Persons, according to the true Meaning of these Presents; and the said respective Sub-committees shall hereby have full Power and Authority, within their respective Limits and Divisions, to nominate and appoint Collectors, to gather and receive the Monies so assessed; which Collectors, so nominated and appointed, shall and may collect and gather the Money so assessed as aforesaid, and pay the same at the several Places where the said several Subcommittees shall appoint, to the respective Treasurers hereafter mentioned; videlicet, the Collectors for the Hamlets of The Tower of London and Liberties thereof to William Mellish Esquire, who is hereby nominated and appointed to be Treasurer for the same Hamlets and Liberties; and the Collectors for the said City of West'r and other Places abovementioned to John Honnor Gentleman, who is hereby nominated and appointed to be Treasurer for the same Division; and the Collectors for the said Borough of Southwarke and Places abovementioned in the said County of Surrey to Joseph Collier Grocer, who is hereby nominated and appointed Treasurer for the same Division; which said respective Treasurers are hereby authorized to issue out the said Monies so gathered and received, according to such Warrants or Directions as shall be given by the said respective Subcommittees: Provided always, That no Monies be issued by the said Treasurer for the Hamlets of The Tower of London and Liberties thereof, but by Order made at the usual Place and Time of Meeting of the said Committee, by a full Committee, consisting of Seven Persons at the least, whereof Foulke Wormelaiton, Loton, Edward Lole, or any Two of them, to be then and there Personally present, and subscribing thereunto; and that no Monies be issued out by the said Treasurer for the said City of Westm'r and other Places adjacent beforementioned, but by Order made at the usual Place of Meeting of the said Committee, by a full Committee, consisting of Seven Persons at the least, whereof Mr. Wm. Ball, Mr. Josias Barners, Mr. Lawrence Swetnam, Mr. Edward Carter, Mr. William Haberfeild, Mr. William Hooper, and Mr. William Dashwood, or any Two of them, to be then and there Personally present, and subscribing thereunto; and that no Monies be issued out by the said Treasurer for the said Borough of Southworke and Places aforementioned, but by Order made at the usual Place and Time of Meeting of the said Committee, by a full Committee, consisting of Seven Persons at the least, whereof Mr. Richard Wright, Mr. Cornelius Cooke, Mr. George Snelling, Mr. Edmond Austin, Mr. William Hickox, Mr. Richard Walker, Mr. Samuell Lynne, and Mr. Robert Terrey, or any Two of them, to be then and there Personally present, and subscribing thereunto.

And the said Lords and Commons do hereby further Ordain and Declare, That every such Person or Persons, so rated and assessed by virtue hereof, shall pay to the said respective Collectors Two Parts in Three Parts, to be divided, of all and every such Sum or Sums of Money, so to be rated or assessed on him or them as aforesaid, within Three Days next after Notice, or Demand made by the Persons to be appointed for the collecting and receiving thereof; and the other Third Part thereof within the Space of One Month next after the Publication hereof: And whereas divers Sums of Money be paid Weekly; and other Sums of Money, for the making and erecting of Fortisications, Posts, and Chains, and Courts of Guards, within the respective Divisions aforementioned, are collected and not accounted for, and other Part thereof remain Arrear, not yet collected; the said Lords and Commons do hereby Ordain and Declare, That all such Persons, who have collected any of the said Monies, shall immediately, upon Demand, make their Accompts and Payments thereof to the Sub-committees of that Division wherein such Collection hath been made, which Sub-committee hath hereby Power to appoint Collectors, to gather the said Arrears; and the said Sub-committee to dispose thereof to such Uses and Purposes as such Assessments have been made for: And if any Person or Persons, having received Monies for the Use abovementioned, and shall refuse to account for and pay the same in Manner before expressed; or if any Person or Persons assessed, or to be assessed, for the raising of the several Sums of Money herein mentioned, shall fail in the Payment thereof; that then it shall and may be lawful to and for the said Collectors, and every of them respectively (calling to their Assistance any of the Trained Bands, Constables, or others), to levy Double the Sum or Sums so assessed, or to be assessed, by Way of Distress upon his or their Goods and Chattels; and shall and may sell the same Distress or Distresses, for the Services aforesaid, and the Overplus to be returned to the Owner of the Distress taken; and in Case no sufficient Distress can be found within the respective Divisions aforesaid, then, upon Certificate to be made in that Behalf by the respective Sub-committees of the said Divisions, unto the Committee of the House of Commons for Examinations sitting at Westm. or to the Committee of the Militia of London, or any Three of them, the said Committee for Examinations, or Committee for the Militia, or any Three of them, shall and may commit such Person and Persons to safe Custody, without Bail or Mainprize, wheresoever he or they shall be found, whether within the said respective Divisions or without; and the Estate or Estates of him or them shall and may be sequestered, by the Committee of Sequestrations of such City, County, or Place, where the same Estate or Estates shall be found to be employed, within the respective Divisions where such Assessment on him or them as aforesaid was made, for the Service and Purposes aforementioned, until the Sum or Sums so assessed shall be fully satisfied.

And the said Lords and Commons do hereby further Ordain and Declare, That no Person or Persons so assessed, or to be assessed, as aforesaid, shall remove his or their Goods, from any Place or Places within any the Divisions aforesaid, to any other Place or Places without the aforesaid Forts or Lines of Communication, by Colour of any Licence or Pretence whatsoever, unless the same Person or Persons do produce and deliver, unto the Officer or Officers of the several Courts of Guard for the Time being, a true Schedule of the Goods so to be removed, together with a Certificate in Writing, under the Hands of the Sub-committee of that Division from whence the same Goods shall be removed, mentioning that the Owner of the said Goods hath fully satisfied and answered all Impositions rated, imposed, or set upon him; and if any Person or Persons shall endeavour to do the contrary, (fn. 1) he shall be esteemed as a Party disaffected to the Commonwealth, and forfeit the Goods so to be removed; and it shall and may be lawful to and for any Person or Persons whatsoever, to seize the same, and to certify the same unto the said respective Sub-committees of the said several Divisions.

And be it by the said Lords and Commons further Ordained, That all Lands, Tenements, Hereditaments, of all and every Person and Persons whatsoever, of what Degree or Quality whatsoever, or in whose Possession the same are, within the Divisions aforesaid, shall be rated, charged, and chargeable, for and towards the Raising and Payment of the said Sum or Sums of Money set and (fn. 2) charged by this Ordinance; yet nevertheless with this Limitation and Provision, That, if the Land be let or set to or near the Yearly Value thereof, in the Possession of any Tenant for Life, Lives, or Years, or at Will, such Person or Persons to whom the Rent thereof belongeth to be solely charged therewith; but, if the same be let at any easy or small Rent, or Under-value, then the Sum taxed to be apportioned between the Party or Parties to whom the Rent belongeth, and the Tenant or Occupier of the Lands, Tenements, or Hereditaments, as the Taxers or Assessors shall think meet; and if any such Tenant or Occupier of Lands, Tenements, or Hereditaments, shall or may be charged with any Sum of Money, that it shall and may be lawful to and for such Tenant or Occupier to detain the same from or out of his Rent due or next payable for the same Land: And, for the better Encouragement of the said respective Collectors and Treasurers, it is Ordained, That Three Pence in the Pound shall be allowed for every Sum of Money which shall be collected and paid to the said Treasurers according to this Ordinance, whereof Two Pence shall be to the Collectors, and One Penny to the Treasurer.

And be it by the said Lords and Commons further Ordained, That if any Assessor or Collector shall refuse the said Service, or prove negligent or faulty therein, the said Sub-committee for the respective Divisions or Limits where such Assessor or Collector shall refuse, or be so negligent or faulty, shall have Power to commit such Assessors or Collectors to Prison, or to set such Fine upon him or them as they shall think fit, not exceeding the Sum of Twenty Pounds upon the Assessor, or Five Pounds upon the Collector; the same to be levied by Distress and Sale of such Offenders Goods, to the Uses herein mentioned, in such Sort as is herein before appointed.

And be it lastly by the said Lords and Commons further Ordained, That all and every the respective Committees, Assessors, and Collectors, of the respective Divisions aforesaid, and all that shall assist them in the Premises, shall be protected by both Houses of Parliament.

"Provided, That this Ordinance, or any Thing therein contained, shall not extend to the Peers, or Members of either House, or the Assistants of the House of Peers, or necessary Attendants of either House."