House of Lords Journal Volume 6: 18 December 1643

DIE Lunæ, videlicet, 18 die Decembris.

PRAYERS.

Lords present this Day:

Ds. Grey de Warke, Speaker this Day.

Message from the H. C. for Ammunition to be sent to Sir Wm. Waller.

A Message was brought from the House of Commons, by Sir Rob't Pye Knight, and others:

To desire their Lordships Concurrence in these Particulars following:

1. That Fifty Barrels of Powder and Four Tuns of Match may be presently sent to Sir Wm. Waller, out of the Stores of the Navy. (Here enter.)

Agreed to.

Committees Names for associating Sussex, Hants, &c.

2. To desire that these Persons following may be added to the Committee of the Ordinance of Association for the County of Sussex; videlicet,

and One to be added to the Assembly.

3. To desire Concurrence, that Sir Rob't Harley Knight may be added to the Assembly.

Agreed to.

The Answer returned was:

Answer.

That their Lordships do agree to all the Particulars of the Message now brought up.

Order for Ammunition for Sir William Waller, out of the Naval Stores.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That my Lord Admiral be desired forthwith to grant out his Warrant, for the issuing forth of Fifty Barrels of Powder, and Four Tons of Match, out of the Stores of the Navy, to be delivered to Mr. Trenchard, or his Assigns, to be sent to Sir Wm. Waller, and to be re-paid again to the Stores of the Navy, by Order of the Committee for the Safety of the Kingdom."

Ordinance for Defence of Newport Pagnell.

The Earl of Northumb. reported, "That the Committee appointed to consider of the Ordinance for erecting and maintaining of the Garrison of Newport Pannell; and the said Committee think it fit that the said Ordinance do pass as it is, without any Alterations:" Hereupon this House Agreed to the said Ordinance, as it came up from the House of Commons.

(Here enter it.)

Report concerning the Assessment of Peers and Assistants.

Likewise the Earl of Northumb. reported from the same Committee, "That they have (fn. 1) considered of the Roll of Assessment for Fourteen Thousand Pounds, for to buy Powder and Ammunition for the City of Westm. and the Liberties, &c. and because that there is an Assessment made upon the Peers and their Assistants of Lands and Goods, contrary to the Letter of the Ordinance, the Committee have thought it fit to alter it, and make it only for Lands and Houses, according to the Ordinance:" And, upon reading of Rates rectified by the Committee, this House allowed and consented to the same; but this Assessment not to be drawn into Precedent for the future.

Message from the H. C. with an Ordinance about the Hertfordshire Forces.

A Message was brought from the House of Commons, by Mr. Glynn, Recorder of the City of London, &c.

To desire their Lordships Concurrence in an Order concerning the Forces raised in the County of Hertford.

This Ordinance was read, and committed to these Lords following:

Their Lordships, or any Three, to meet presently, in the Prince's Lodgings; and accordingly they withdrew.

Fench Ambassador's Servant, a Pass Home.

Ordered, That a Servant of the French Ambassador shall have a Pass, to transport him into France, without Search, carrying with him Letters of the said Ambassador.

The Committee returning;

Ordinance concerning the Hertfordshire Forces.

The Lord Wharton reported, "That they have considered of the Ordinance concerning the County of Hertford; and their Opinion is, That they think it fit to pass as it is, without any Alterations."

And it was Resolved, upon the Question,

That this House agrees with the House of Commons, in this Ordinance.

The Answer returned was:

Answer to the H. C.

That this House agrees with the House of Commons in the Ordinance now brought up.

Message to them, that the Lords agree to the Order about Newport Pagnell;

A Message was sent to the House of Commons, by Mr. Serjeant Whitfeild and Dr. Ayliff:

To let them know, that this House agrees with them in the Ordinance concerning the Garrison of Newport Pannell.

and for the E. of Kent to be added to the Committee of Safety.

And to desire their Concurrence for adding the Earl of Kent to the Committee for the Safety of the Kingdom.

Smart's Cause.

Ordered, That Mr. Smarte's Cause shall be deferred until this Day Three Weeks, at which Time the Parties and Witnesses shall attend.

Earl of Holland, Leave to go in to the Country.

Ordered, That the Earl of Holland hath hereby Leave to go into the Country with the Lord Admiral for a few Days, and to return again with him.

"An Ordinance of the Lords and Commons in Parliament, for further Supply of Power to the Committee for Voluntiers for the County of Hertf. enabling them to raise and maintain Forces for the Defence and Preservation of the said County.

Ordinance concerning the Hertfordshire Forces.

"Whereas, by Ordinance of the 14th of September last, certain Persons therein named, intended and appointed to be a Committee for Voluntiers for the said County, have already raised Three Regiments, and, by their continued Care and Endeavours, give further Hopes of making good Progress in the Work, if some fit Addition of Power be given, for compelling Officers to do their Duty, Persons assessed to pay their Taxes, and such Towns and Persons within the said County to bear and perform their proportionable Part of the Burthen, both in respect of their personal Services and ratable Taxes, who have hitherto refused and neglected to do the same, though equally interested in the Danger, and benefited by such Protection, and Provision for their and their County's Safety and Security: The Lords and Commons assembled in Parliament, taking the same into their serious Considerations, and the Dangers of that County, lying near unto, and much threatened by, a Popish and malignant Enemy, and holding it just and necessary to dispense such further Power to the said Committee as may be a fuller Means of Safeguard and Preservation of the said County, and to intrust them with the Execution thereof, do think fit to Order and Ordain as followeth; and be it Ordered, Declared, and Ordained, by the said Lords and Commons, That Sir John Garrett Baronet, Sir John Wittewronge Knight, Colonel Adam Washington, Wm. Leoman Esquire, Richard Porter Esquire, John Hayden, Francis Steward, Alban Cox, Gabriell Barber Esquires, Colonel Nathaniell Hawes, John Marsh, Lieutenant Colonel William Carter, Thomas Michell, William Finch, Nathaniell Manestey, Christopher Loffes, Zachary King, Henry King, John Gates, Francis Clarke, John Gale, William Bayly, Randoll Nicholl, Daniell Nicholl, John Grubb, Henry Marsh, Rob't Warren, William Ayleward, Thomas Sadler of Preston, Captain William Barber, Thomas Bigge of Portersend, Tobias Combes, William Cox of Shendley, William Dixon Senior, Captain Thomas Marsh, Thomas Greenhill of Langley, Nicholas King Junior, Edward Michell, Thomas Nicholls of Hertf. Esquires, Isaack Puller, Thomas Meade, Joseph Dalton, William Love, Anthony Strafford, George Stratford, Captain John Kelsley, Captain William Burr, William Ecles, George Banester, John Fowler, Mathew Collins, Robert Draper, William Feild, Nathan Paine, Nicholas Humfreys, William Smith of Sandredge, Thomas Cozens, Thomas Hanshutt of Hinckworth, Captain John Barber, Captain Jeremy Carter, Captain Edward Sterne, John Finch of Watford, John Gibbs of Herringers, and William Plumer, or any Seven or more of them, shall have Power, from Time to Time, upon any emergent Occasion, as to them shall seem fit, to raise such Forces of Horse and Foot, out of the respective Townships, Liberties, and Places, in the said County, as shall appear to be needful for the necessary Defence of themselves or any the Parts adjoining, with whom they are or shall be associated for their mutual Defence, and to limit how many able Persons shall be sent forth and paid by the said Places respectively, armed and prepared, to their Place and Places of Rendezvous, thence to be led and conducted by such Commanders, Colonels, Captains, and Officers, as is mentioned and intended in the said former Ordinance; which Colonels, Captains, and Officers, are likewise to be presented by the said Committee to the Earl of Manchester, Major General of the said County and other associated Counties; and to have (fn. 2) Commissions from him in like Manner as in the said former Ordinance is directed; and, by Warrant under their Hands and Seals, to be directed to the Constables, or other Person or Persons, to commit such wilful Persons as shall refuse to do the Service, and appear at the Place or Places appointed, unto Prison, without Bail or Mainprize, until he or they conform him or themselves: And further (to enable them to maintain and pay such Forces, to be drawn forth upon Occasion as aforesaid) the said Committee, or any Seven or more of them, are hereby authorized to assess or tax, or to nominate Assessors to rate, tax, or levy, upon the respective Towns, Townships, Liberties, Persons, and Places, within the said County, in an equal Way, according to their Faculties and Abilities, or according to the most usual Proportion of Rates in the last Weekly Assessments there, Weekly to be collected, or otherwise, such Sum or Sums of Money as they shall judge fit and requisite for the said Forces; and to nominate Collectors, and One or more Treasurer or Treasurers; which Collectors are by them to be appointed to levy the said Sums, together with the necessary Charges which shall be expended in the collecting thereof, by Way of Distress and Sale of the Goods of the Person or Persons so assessed, in Case he or they refuse to pay the same within Three Days after Demand given or left in Writing at the usual Dwelling of him or them; and the said Collectors may call to their Assistance the Constable and Headboroughs, or any of the Companies of Voluntiers or other Forces in the said County, and to pay them reasonable Allowance out of the Offenders Estates, who are hereby required to be aiding and assisting to the said Collectors in the Premises, as they will answer the contrary thereof: And be it Ordered, That every Person shall be rated for the Estate he hath in the several Places in the said County; and if Land be lett or sett near the Value thereof, such Person or Persons to whom the Rent thereof belongeth to be solely chargeable therewith; but if the same be lett under Value, then the Sum taxed to be apportioned betwixt the Party and him who receives the Rent, as the Taxers shall think fit; and if they, or any of them, shall do Injury in making the said Assessments, the same to be rectified by the said Committee, or any Seven of them, according to their Discretions; and if any Assessors, or Collectors, or Constables, shall refuse the said Service, or prove negligent or faulty therein, the said Committee, or any Seven of them, shall have Power to commit such Assessors, Collectors, or Constables, to Prison, or to set a Fine upon him or them, as they shall think fit, not exceeding the Sum of Ten Pounds for every Offence; the said Fine to be levied by Distress and Sale of the Offenders Goods: And it is Ordained, That the Treasurers appointed by the said Committee shall keep a Registerbook of the Sums received and paid out by them, so that they may give a just and perfect Accompt thereof unto the said Committee, when they shall be by them required: And for the better Encouragement of the said Collectors and Treasurers, it is Ordained, That Two Pence in the Pound shall be allowed unto the said Collectors, for every Sum of Money collected and paid by them to the said Treasurer or Treasurers; and One Penny in the Pound for the said Treasurer and Treasurers, for every Sum of Money received and disbursed by them according to this Ordinance: And it is also Ordained, That whatsoever Sums of Money are or shall be set or imposed, by virtue of this Ordinance, upon any Landlords, for or in respect of any Lands or Hereditaments held of them by any Tenants, the same Sums of Money shall be paid by their several respective Tenants; and they shall deduct and defalk the same out of the next Rents payable by them to their Landlords; and for so doing, the said Tenants, their Heirs, Executors, Administrators, or Assigns, from any Grant, Covenant, Condition, or Writing Obligatory, or other Matter whatsoever, made to the contrary, shall, by virtue of this Ordinance, be fully discharged: And it is Ordered and Ordained, by the Authority aforesaid, That in case the said Forces, or any of them, shall be commanded out of the Bounds and Limits of the said County, the said County shall not be charged with the Payment of them during their Absence, unless they march forth of the said County with the Leave of the said Committee for the Time being, or of Seven of them: Provided, and it is Ordered and Declared, That nothing in this Ordinance contained shall be expounded or taken to abrogate the Power given to the said Committee by the said Ordinance of the Fourteenth of September last; but that the same shall be of full Force, according to the true Meaning thereof: And it is lastly Ordered, Declared, and Ordained, That the good Endeavours of the said Committee, in the Execution of the Premises, are and shall be taken as real and public Testimonies of their good Affections to the Public Weal; and themselves, and such others as shall act according to the true Meaning of this present Ordinance, shall be for so doing saved harmless and indemnified, by Power of Parliament, upon all future Occasions which may happen.

"Provided, That this Ordinance be no longer in Force than for the Space of Four Months, to begin from the Eighteenth of this present December, unless both Houses of Parliament give further Order therein."

"An Ordinance for the erecting and maintaining of a Garrison at Newport Pagnall, in the County of Bucks.

Ordinance for Defence of Newport Pagnel.

"The Lords and Commons, taking into their serious Considerations the great Importance of the Town of Newport Pagnall, in the County of Bucks, to the Safety of the Counties adjacent, and of all the associated Counties under the Command of the Earl of Manchester, do Order and Ordain, That the said Town of Newport Pagnall shall be strongly fortified, and furnished with all necessary Provisions for a Garrison; and for the defraying of the Charges thereof, and Maintenance of the Garrison there, the said Lords and Commons do Ordain, and be it Ordained, That the Counties of Bedford, Hartford, North'ton, Cambridge, with the Isle of Ely, Suff. Norffolke with the County and City of Norwich, Huntingdon, and Essex, and the Three Hundreds of Newport in the County of Bucks, shall join in the Charge of the said Garrison and Fortifications, for the raising of One Thousand Pounds, in Manner following, and according to the Propositions and Articles hereafter mentioned; that is to say, in the County of Beddford, One Hundred and Eighty-seven Pounds, Ten Shillings; in the County of Hertford, One Hundred and Twentyfive Pounds; in the County of North'ton, One Hundred and Twenty-five Pounds; in the County of Huntingdon, Forty-five Pounds; in the County of Cambridge with the Isle of Ely, Eighty Pounds; in the County of Suffolke, One Hundred and Twenty-five Pounds; in the County of Essex, One Hundred and Twenty-five Pounds; in the County of Norffolke with the City and County of Norwich, One Hundred and Twenty-five Pounds; and in the Three Hundreds of Newport, Sixtytwo Pounds, Ten Shillings: And it is Ordered and Ordained, That if the said Fortifications shall arise to more than the said Sum of One Thousand Pounds, that the same shall be raised in the Counties and Hundreds abovesaid, according to the (fn. 3) Proportions aforesaid.

"And the Lords and Commons do Declare and Ordain, That there shall be raised, in all the said Counties and Hundreds, the Monthly Sum of Four Thousand Pounds, in Manner following; that is to say, in the County of Bedford, Seven Hundred and Fifty Pounds; in the County of Hertford, Five Hundred Pounds; in the County of North'ton, Five Hundred Pounds; in the Three Hundreds of Newport, Two Hundred and Fifty Pounds; in the County of Huntington, One Hundred and Eighty Pounds; in the County of Cambridge with the Isle of Ely, Three Hundred and Twenty Pounds; in the County of Suff. Five Hundred Pounds; in the County of Norffolke with the City and County of Norwich, Five Hundred Pounds; in the County of Essex, Five Hundred Pounds: And it is also Ordained, That the First Month shall be accounted from the First Day of December, 1643, last past, and so forwards, until it shall be otherwise Ordered by the Lords and Commons in Parliament.

"And it is Ordained by the Lords and Commons, That the County of Bedford shall, within Fourteen Days next after the passing of this Ordinance, send into the said Garrison Two Hundred and Twenty-five able and armed Men for Soldiers; the County of Hertford, One Hundred and Twenty-five; the County of North'ton, One Hundred and Fifty; the Three Hundreds of Newport, Seventy-five; the County of Huntington, Forty-five; the County of Cambridge with the Isle of Ely, One Hundred and Five; the County of Suffolke, One Hundred and Fifty; the County of Essex, One Hundred and Fifty; the County of Norffolke with the City and County of Norwich, One Hundred and Fifty like able Men; all the said Men so sent in, being Twelve Hundred, to be put into One Regiment, under the Command of such Governor and Officers as his Excellency shall appoint; and shall be from Time to Time recruited, for the keeping of the said Regiment full, out of the said respective Counties, according to the Proportions before specified: And it is further Ordained, That as well for the raising of the said Monthly Payment, as also the said Monies for Fortifications, the Committees for the Weekly Assessment, in the County of Bedford, Bucks, Hertford, North'ton, Huntington, Cambridge with the Isle of Ely, Suffolke, Norffolke with the City and County of Norwich, and Essex, already established by Parliament, or any Two or more of the said Committees respectively, shall, by virtue of this Ordinance, have Power to levy and raise the aforesaid Sums of Monies, as well for the Fortifications, as for the Maintenance of the said Garrison, for Provision of Arms, Ammunition, and other incident Charges, with the best Equality they or any Two or more of them respectively can, upon each several Parish, Township, or Place, within their several Counties and Liberties, according to the Rule of the Weekly Assessment for the Parliament's Army; and shall send forth their Warrants to the High Constables, or such other Persons as they or any Two or more of them respectively shall think fit, for the rating, assessing, and collecting, of the several Sums taxed or rated upon the said several Parishes, Townships, and Places; which Sum, so rated and taxed, to be raised by Distress and Sale of the Goods of all and singular such Persons as shall refuse or delay, after lawful Demand, to pay their Proportions so rated upon them by Warrant under the Hand of any Two or more of the said Committees respectively; and if any Person shall find himself aggrieved by any such Tax, that such Person, upon Complaint to the said Committees, or any Two of them respectively, if they shall think fit, shall be relieved in such Sort as they or any Two of them respectively shall find reasonable: Provided, That such Complaint be made within Six Days after Notice of his said Tax; and if any Person or Persons, within the said respective Counties, which by virtue of this Ordinance shall be rated to pay any Sum or Sums of Money, shall obstinately refuse or delay to pay the same, and if no Goods of such Person or Persons can be found whereby he may be distrained for Payment thereof, that then it shall be lawful to and for the said Committees, or any Two or more of them respectively, to cause such Person so refusing or delaying to be imprisoned, and there to be detained and kept until he or they shall pay their said Rates and Taxes; and also that the said Committees, or any Two of them respectively, shall cause the Estate of such Person so refusing or delaying to be forthwith sequestered, and the Profits thereof to be taken and employed, for the Use of the said Garrison, until they shall make Payment of their said Rates and Taxes: And it is further Ordained, That the better to enable the said Committees respectively to raise the said several Numbers of Soldiers for the said Garrison, that it shall be lawful to and for the said Committees, or any Two of them respectively, to send forth their Warrants to the Constables, or any other Person or Persons whom they shall think fit, to press such able Men as they shall see good for the said Service, according to an Ordinance of both Houses of Parliament, intituled, An Ordinance, &c. all such Persons so pressed, and refusing to serve, to be dealt withall according to the said Ordinance: And it is further Ordained, That a Treasurer shall be chosen by the Committees of the several Counties, or the major Part of them, for the receiving and paying forth of the said Monies, who shall give his Personal and constant Attendance in the said Garrison, upon the said Service, and, for his Pains therein, shall have the Allowance of Five Shillings the Day; he rendering Accompt, from Time to Time, to such Auditor or Auditors as the Committees of the Counties respectively shall appoint: And it is further Ordained and Declared, That the Committee of the several Counties aforementioned shall choose One of the Committees of the several Counties, or such other sufficient Person as they shall approve of, to attend the serving of the Garrison of Newport Pagnell, which Persons shall have Power hereby to join in Consultation with the Governor for the Benefit of the Garrison, for the taking of the Muster of the Forces in the said Garrison, issuing out of Warrants, under Five of their Hands at the least, to the Treasurer for the paying of Monies, for the requiring the Proportions of Men and Monies from Time to Time out of the several Counties for the Garrison, and for the taking of the Accompts of the Treasurer when they shall be thereunto required by the Committees of the said respective Counties, or any Two of them; for which their Pains, each of them shall receive daily Five Shillings out of the Treasury of their several Counties, by Warrant under Three of the Committees Hands at the least: And it is further Ordained, by the Lords and Commons, That the Field Officers and Captains appertaining to the said Garrison shall keep up their Companies compleat, as they shall be appointed thereto, by the Consent of the aforesaid Counties; and shall make up their Recruits of Arms out of the Pay of the Officers and Soldiers of the Companies to the said Garrison belonging; and if they fail a Fifth Part of the Number of their Companies, they shall abate a Fifth Part of their Captains Pay; if a Fourth Part, a Fourth Part of their Pay, and so forward; and if they fail to make good their Recruits of Arms upon the Muster, that the Committees of each County residing in the Garrison shall make Stay of so much Money out of their Pay as shall make good the Recruits of the said Companies with Arms; and likewise the said Governor of Newport for the Time being is hereby authorized to compel all the Inhabitants of Newport able of Body, within the Line, to list themselves under Command, and do Duty in Time of Siege, Alarm, or Assault only; and the said Governor and any Three of the Committee of the said Garrison of Newport, shall have Power to charge the richer Sort of Inhabitants with so many Arms, for arming the poorer Sort, as they shall be of Ability to provide; and if any disobey, he and the foresaid Committees shall have Power to put them and their Families out of the Garrison: And the Committee of the said Garrison, or any Three of them, with the Governor for the Time being, are hereby authorized to appoint a Mayor of the Town of Newport, to receive and give Orders, and to command the Townsmen in Time of Siege, Alarm, or Assault, for which he shall have allowed him Nine Shillings by the Day: And it is likewise Declared, That, out of the Four Thousand Pounds a Month raised as aforesaid, there shall be allotted the Pay for Three Hundred Horse with their Officers, during such Time as they shall there continue for the Safeguard of the Garrison, and Preservation of the Parts and Counties adjacent; the said Horse to be such as his Excellency the Earl of Essex shall appoint.

"And lastly it is Ordained, That the Committee of the said Garrison, or any Three of them, shall, once in Fourteen Days at the least, by themselves or such as they shall appoint, view and muster all the Forces both of Horse and Foot, belonging to the Garrison, and see them duly paid."

Adjourn.

House adjourned till 10 ^a cras.