Journal of the House of Lords: Volume 6, 1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 20 die Septembris.
Thomas, King's Servant, arrested.
Upon reading the Petition of Phillip Thomas, Servant in ordinary to the King; complaining, "That he hath been arrested, contrary to the Privilege of Parliament, by John Burdett and John Dewell, Serjeants, at the Suit of Wm. Tooley, and is now imprisoned:" Hereupon it is Ordered, That this House will hear both Sides on Saturday next; and the Keeper is to bring the said Thomas to this House at the same Time.
Message from the H. C. with a Declaration and Ordinances.
That this House agrees to the Ordinances now brought up, excepting to that Ordinance which concerns the Assembly to consider of Church Government, to which their Lordships will send an Answer by Messengers of their own.
Hampshire and the Western Parts in Danger.
Upon Information to this House, "That the County of South'ton, Portsmouth, and South'ton, and the Isle of Wight, and the Western Parts, are in great Danger, and may be possessed by the Enemy speedily, if some Course be not taken:" It was Ordered, To have a Conference with the House of Commons, to take some Course that Sir Wm. Waller, with such Forces as he hath ready, may march forthwith, and the rest of his Forces to march after him; and the rather because Sir Wm. Waller declared, at the Committee for the Safety, "That if he had Four Thousand Pounds paid him, he would be enabled to march forthwith."
Message to the H. C. for a Conference about it.
Message to them, about the Earl of Debigh taking the Covenant.
The Earl of Denbigh informed this House, "That he, intending this Day to set forward to his Charge appointed him by the Parliament, desired (according to the Ordinance of both Houses) that he might explain himself concerning the taking of the Covenant before he goes."
Answer from thence.
Message from thence, that they may communicate some Messages, to be sent to the King of Denmark, and Princes of Germany.
Declaration, That no one shall have any Command under the Parliament, till he has taken the Covenant.
"The Lords and Commons, considering a great Necessity and Importance of uniting the Two Kingdoms of England and Scotland in a Solemn and Religious Covenant, for the Defence of the true, Reformed Protestant Religion, and the Laws and Liberties of both Kingdoms, and for Reformation in this Church agreeable to God's Holy Word; have, for that Purpose, in both Houses, agreed upon a Form of a Covenant, and do thereupon Declare, That they cannot conside in such Persons to have or execute Place and Authority in the Armies raised by them, who shall not approve and consent unto the Covenant; and thereupon have Ordered, That such Members of either House as are to undertake any Charge or Command, in any the Armies raised by Authority of both Houses, before their Departures from the Houses to their Charge, shall publicly, at a Conference of both Houses, declare their Approbation of the Draught or Form of the Covenant passed in both Houses, and their full Purpose to take and observe the same; and, until such Public Declaration, shall forbear to enter upon any such Charge or Command."
(fn. 1) "An Ordinance of the Lords and Commons assembled in Parliament, wherein the County of Lincolne is added in the Association of the Six Counties of Norfolke, Suffolke, Essex, Cambridge, Hartford, Huntington, for the mutual Defence each of other against the Popish Army in the North, under the Command of the Marquis of Newcastle; also giving Power to the Earl of Manchester to nominate Governors over the Parts of Holland and Marchland; and, if any Person harbour a Soldier that is imprested to serve under him, he shall be fined; if he refuse to pay his Fine, his Goods shall be sequestered, and he imprisoned till the Fine be satisfied: With the Names of the Committees appointed for the Collection of Money to pay the Forces raised for the Preservation of those Seven Counties.
An Ordinance for adding Lincoln to the associated Counties of Norfolk, &c. and for raising Monies for the Forces raised in those Counties.
"The Lords and Commons in Parliament, taking into their Consideration the Danger to which the associated Counties of Essex, Suffolke, Norfolk, Cambridge, Hartford, and Huntington, are liable, in case the Inhabitants of Lyn, who have now declared themselves against the Parliament, should not be reduced to their Obedience, or the Popish Northern Army, or any other Armies or Forces, should make a Passage into any of the said associated Counties, have thought good to afford the Inhabitants of the said Counties all fit Means for the timely suppressing the Rebellion at Lyn and the preventing and withstanding all mischievous Designs which now are, or hereafter shall be, plotted against any of the said Counties; and do therefore, the better to strengthen them, Ordain, That the County of Lincolne, and the County of the City of Lincolne, shall be added to the said Association; and, further to enable them to maintain and pay the Forces of Horse and Foot now raised, or hereafter to be raised, by them, that there shall be rated, taxed, and levied, upon the several Inhabitants of the said Counties, videlicet, upon the County of Essex, One Thousand One Hundred Twenty and Five Pounds; upon the County of Suffolke, One Thousand Two Hundred and Fifty Pounds; upon the County of Norfolke with the City of Norwich, One Thousand Two Hundred and Fifty Pounds; upon the County of Cambridge, Three Hundred Seventy-five Pounds; upon the Isle of Ely, One Hundred Forty-seven Pounds, Ten Shillings; upon the County of Hartford, the Sum of Four Hundred and Fifty Pounds; upon the County of Huntington, Two Hundred and Twenty Pounds; and upon the County of Lincolne and City of Lincolne, Eight Hundred and Twelve Pounds, Ten Shillings, Weekly; to be collected within the several Limits and Hundreds of the said Counties and Places; the First Payment of the said Weekly Sums, so assessed by this Ordinance, to be made at or before the Third Day of October, 1643; and the said Weekly Payment to continue Weekly, for Three Months next ensuing from the said Third Day of October.
"And, for expediting the said Service, in levying, assessing, and collecting, the said Weekly Sums in the said Counties, be it Ordained, That the Persons hereafter named shall be Committees for the several and respective Counties hereafter named; that is to say,
"For the County of Essex; Sir Thomas Barrington Knight and Baronet, Sir Harbottle Grimstone Knight and Baronet, Sir William Hicks, Sir William Massam, Sir Richard Everard, Baronets, Sir Martin Lumly Knight and Baronet, Sir Thomas Cheeke, Sir Henry Mildmay of Wanstead, Sir William Roe, Sir Henry Holcroft, Sir Thomas Honnywood, Sir William Martin, Sir John Barrington, Knights, Harbottle Grimston, John Sayer, William Massam, Timothy Middleton, Henry Myldemay, William Umphrevill, Nathaniell Baycon, Oliver Raymond, Anthony Luther, Deane Tindell, John Wright, Robert Smith, Thomas Cooke, Carey Mildmay, Richard Harlackenden, Robert Wiseman of Mayland, John Eldred, John Jocelyn, Robert Bouon, John Meed, John Eden, Thomas Clapton, Arthur Barnardiston, Isaac Allen of Hasely, William Goldingham, William Atwood, John Atwood, Peter Whitcome, John Brooke, Henry Wiseman, Robert Young, Francis Stonehard, George Walton, Captaye Cletheroe, John Watkins, Edward Berkhead, George Thorowgood, Esquires, Richard Wiseman, John Langly of Colchester, Thomas Cooke, John Sorrill, William Turner of Wimbich, Robert Vesey, Feremy Aylet, William Collerd, Robert Crane, Doctor Read of Beauchanger, Robert Calthrop, Thomas Adams of Thackstead, Richard Hankin of Harwich, John Allistone, William Harlackenden, John Thorowgood of Wadden, Isaac Wincoll, Samuel Playne, Francis Williamson of Walden, Francis Nicholson, John Fening, Robert Talcot of Culchester, Thomas Allyet, and Robert Maidstone, Gentlemen.
"For Colchester; the Mayor for the Time being, Harbottle Grimston Recorder, John Jocelinne Deputy Recorder, Henry Barrington, John Langley, Robert Buckstone, Ralph Harrison, and William Cooke, Aldermen.
"For the County of Suffolke; Sir Edmond Bacon Baronet, Sir Nathaniel Barnerdistone Knight, Sir William Spring Baronet, Sir William Parker, Sir Roger North, Sir Thomas Barnerdistone Knights, Bramton Gurden Senior, Robert Reynalds, William Henemingham, Nathaniel Baycon of Freston, Nicholas Bacon, Henry North, Robert Brewster, Francis Bacon, Theophilus Vaughan of Becklesse, William Cage, Edmund Harvy, John Gurdon, Esquires, John Bates Gentleman, Sir William Plater Knight and Baronet, Sir John Wentworth Knight, Sir Philip Parker Knight, Morrice Barrow, William Lawrence, James Hubard, Nicholas Bacon, William Bloyse, Esquires, Francis Brewster Gentleman, Sir Butts Bacon Baronet, Sir Robert Brooke, Sir Jo. Rowce, Sir William Soame, Knights, Thomas Baker, Brampton Gurden Junior, Wiseman Bockhenham, Isaac Apleton, Henry North, Edward Read, Thomas Cole, Richard Peapes, Nathaniel Bacon of Ipswich, Gibson Lucas, Esquires.
St. Edmond's Bury.
"For the County of Norfolke; Sir Thomas Woodhouse Knight and Baronet, Sir John Holland Baronet, Sir John Pots Baronet, Sir John Hoberd Knight and Baronet, Sir Miles Hobert, Sir Thomas Hoggin, Knights, James Calthorp, John Cooke, John Spelman, Philip Beddingfeild, Samuell Smith, the Bailiffs of Yarmoth, Thomas Toll and John Percevell of Lynne, Thomas Wyndeham, Francis Jeremy, Robert Wood, Gregory, Gausey, John Haughton, Thomas Weld, Martin Sidly, Thomas Sotherton, Esquires, William Henemingham, William Cooke, Robert Rich, Esquires, Sir Richard Berney, Sir Isaac Ashley, Sir John Palgrave, Knights, Brigg Fountaine Esquire, Sir Edward Barkham Baronet, Sir Thomas Gawdy, Sir Edward Ashly, Sir Thomas Guibon, Knights, Thomas Russell, John Walpoole, Robert Wilton, Robert Jeremy, John Guibon, Robert Sheppard, John Keyves, Philip Caltrope, Esquires, Toby Fryer, Samuel Parkes, Thomas Johnson, Robert Rower, Gentlemen.
"For the County of Cambridge; Sir Dudly North, Sir John Cutts, Sir Thomas Martin, Knights, Thomas Symmonds, Dudly Pope, Esquires, Sir Myles Sands Knight, Francis Russell, Oliver Cromwell, Thomas Duckett, William Fisher, James Thompson, Walter Clapton, Robert Castle, Thomas Bendish, Edward Clarke, John Welbore, Robert Clerke, Michael Dalton Junior, Thomas Parker, John Hobert, George Clapthorne, John Towers, Henry Butler, Edward Leeds, William Marsh, and Humberstone Marsh, Esquires.
"For the County of Hertford; Charles Lord Viscount Cranborne, Robert Cecill Esquire, Sir John Gerrat Baronet, Sir Thomas Dacres, Sir William Litton, Sir John Witterong, Knights, Serjeant Atkins, Richard Jennings, Edward Wingate, John Tooke, Ralph Freeman, William Leman, William Presley, John Hayden, Alexander Wylde, Gabriel Barber, Richard Porter, Captain Scroggs, Ralph Freeman, Thomas Tooke, Esquires, Sir John Read Baronet, Doctor King Doctor of Phiysic, John Humberstone Gentleman.
"For the County of Huntington; Thomas Cotton Baronet, Sir John Newett Knight, Onslow Winch, Terrill Joceline, Thomas Templer, John Castle, Oliver Cromwell, Abraham Burwell, Edward Montague, and John Bulkeley, Esquires.
"For the County of Lincolne; Francis Lord Willoughby of Parham, Sir John Wray Knight and Baronet, Sir William Armyne, Sir John Brownloe, and Sir William Brownloe, Sir Thomas Trallop, Baronets, Sir Edward Ascough, Sir Hamond Whitchcoat, Sir Christopher Wray, Sir Anthony Irby, Knights, Thomas Grantham, Thomas Hatcher, John Broxholme, Montague Cholmely, John Archer, William Ellis, Esquires, Edward Ascough, Maurice Cave, Thomas Cornwallis, John Harrington, Tho. Coppledike, Francis Fines, Henry Massingberde, John Disney Senior, Tho. Lister, Mullenax Disney, Edward King, Edward Rocetter, Thomas Savyle, Wil. Savyle, Humfry Walcott, Captain John Harrington, Thomas Irby, Samuel Leigh, William Bury, John Willesby Esquires, Edmund Tilson, Samuel Cust, Christopher Hudson, Drayner Massingberd, Richard Bryan, Master Massingden, Master Woolley, Master William Hobson, Master Hall of Kettlethorpe, Alexander Emmerson, Thomas Welcome, Esquires, William Luddington, Edward Nelthorps, Edmond Anderson, Master Bowtall, John Sheffeild, Robert Cawdron, Esquires, Edward Skipwith, Charles Empson, Thomas Welby, the Mayor of Boston for the Time being, John Wincock, Master Thompson, Wyat Parkins, Martin Johnson, John Browne, John Bernard, Nathaniel Tharrald, Gentlemen, Captain Thomas Hall, and Nehemiah Rawson and Master Hall of Kettlethorpe.
"Which said several Committees of the said several and respective Counties and Places, or any Two of them, according to the former Ordinances for Weekly Assessments, shall nominate such Persons as they shall think fit, within their respective Divisions, who shall have Power to assess all and every Persons and Persons chargeable by this Ordinance, according to the Weekly Rates and Proportions in this Ordinance mentioned.
"And the said Committees, or any Two of them, shall likewise have Power, within their several Limits and Divisions, to nominate Collectors, who shall collect the said Money so assessed, and pay the same to such Person or Persons as the Deputy Lieutenants of the said respective Counties, or any Two of them, shall appoint to be Treasurers for the said several Counties; and if any Person or Persons, chargeable by this Ordinance, shall not, upon Demand, pay the Sum or Sums on him or them assessed, it shall be lawful for the said respective Collectors, or any One of them, to levy the same, by Way of Distress and Sale of the Goods of the Person or Persons so assessed, and to call to their Assistance any of the Trained Bands, or Companies of Voluntiers, or other Forces, who are hereby required to be aiding and assisting to the said Collectors in the Premises, as they will answer the contrary thereof; and if any Person, which shall be assessed as aforesaid towards the Payment of the said Sum of Money, shall refuse or neglect to pay his Rate or Assessment, to the Collector appointed, within Six Days after it shall be demanded, the said Committees, or any Two of them, shall charge the said Person so refusing or neglecting with Treble as much as the said Person shall be rated at; and, if the said Person shall refuse or neglect to pay the same so trebled upon him, that it shall be lawful for the said Committees, or any Two of them, to commit the said Person so refusing or neglecting to Prison, and also to sequester his Estate till the same be satisfied.
"And be it Ordained, That every Person shall be rated for the Estate he hath in the several Places, in each several County; and, if Land be set or let to or near the Yearly Value thereof, such Person or Persons to whom the Rent thereof belongeth to be solely chargeable therewith; but, if the same be let under Value, then the Sum taxed to be apportioned between the Party to whom the Rent belongeth and the Tenant, as the Taxer shall think meet; and if they, or any of them, shall do any Injury in making their Assessments, the same to be rectified by the said Committees, or any Two of them, within their several Divisions, according to their Dis cretions; and if any Assessors or Collectors shall refuse the said Service, or prove negligent or faulty therein, the said Committee, or any Two of them, shall have Power to commit such Assessors or Collectors to Prison, or to set such a Fine upon him or them as they shall think fit, not exceeding the Sum of One Hundred Pounds; and 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 Committees for the respective Counties, in Manner aforesaid, shall keep a Register-book of the several Sums received and paid out by them, that so they may give a just and perfect Accompt thereof unto the Committees of the said several Counties, when thereunto 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 to the said Collectors for every Sum of Money collected and paid by them to the said Treasurers, and Two Pence in the Pound to the said Treasurers for every Sum of Money received and disbursed by them, according to this Ordinance; and that the Treasurers of the said Counties shall issue out no Sum or Sums of Money, to any Person or Persons, without Order under the Hands of the Deputy Lieutenants of the said respective Counties, or any Two of them at least.
"And it is further Ordained, That the Deputy Lieutenants of the said several and respective Counties shall hereby have Power and Authority to advance Monies, by Way of Loan, for this Service, or other necessary Charges tending to the Safety and Preservation of the said Counties; and, for the Security of such Persons as shall lend any Monies for the Uses aforesaid, to give them Warrants, under their Hands, or the Hands of Three of them at least, to receive the same again of such Treasurer or Treasurers to whom such Warrant or Warrants shall be directed, who shall, upon the Sight of the said Warrant, and a Copy thereof left with them, detain so much of the Monies which he or they shall receive as aforesaid, to discharge the said Warrants; and if the said Treasurers, or any of them to whom such Warrants shall be directed, shall not, after Sight of such Warrants, and a Copy thereof left with them as aforesaid, stop and detain so much of the next Monies which he shall so receive, to satisfy the Person or Persons the Money so lent as aforesaid, upon Proof thereof made, the said Deputy Lieutenants, or any Two of them, shall, for his or their Neglect or Default, make out their Warrants to the High Constables of the Hundreds where such Treasurer or Treasurers shall dwell or inhabit, or to what other Person or Persons they shall think fit, to levy so much Money as the Warrant or Warrants were made for, upon the Goods of the said Treasurer or Treasurers, by Way of Distress and Sale of their Goods, to the Use of the Person or Persons so lending as aforesaid: 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 and in respect of any Lands, Tenements, or Hereditaments, held of them by any Tenants, the same Sum of Money shall be paid by their several respective Tenants; which said Sums of Money, so to be paid by the said Tenants for their Landlords, they shall deduct and defalk out of the next Rents payable by them to their Landlords; and, for so doing, the said Tenants, their Heirs, Executors, Administrators, and Assigns, shall be acquitted and saved harmless, against the said Landlords, their Heirs, Executors, Administrators, and Assigns; any Grant, Covenant, Condition, Writing Obligatory, or other Matter whatsoever made to the contrary, notwithstanding: And it is Ordained, That the County of Lincolne and the County and City of Lincolne shall have the Advantage and Benefit of the Ordinance for the rating of such as have not contributed upon the Propositions, or not in Proportion according to their Estates, to be raised in the same Manner by the Committees named in this Ordinance for that County, and to the same Uses, for the maintaining their associated Forces, as the Lords and Commons have already by another Ordinance confirmed and settled the same upon the rest of the said associated Counties: And it is Ordained, That the Deputy Lieutenants and Committees of the said Counties, or any Five or more of them, Three whereof to be Deputy Lieutenants, shall be a standing and constant Committee, in their several and respective Counties, who shall have Power to take the Accompts of all Treasurers of Money, or Keepers of Stores or Ammunition, belonging to their several and respective Counties, and to order all other the Affairs of their several Counties, according to the Ordinances of Parliament now made, or which hereafter shall be made; and, for the better effecting of the Premises, the said Deputy Lieutenants and Committees, or any Five of them as aforesaid, shall be resident in some convenient Place within their said respective Counties, and shall have Power to adjourn themselves from Time to Time, and from Place to Place, within their several Counties, as they shall think fit; and, after they or more of them shall have fat Fourteen Days, then the minor Half of the said Committee to be free, and they to send for so many others in their Stead; and the major Half there still to remain, other Fourteen Days, and then they also are free, and then they also to send for Three others; and so to change the Committee successively, during these Troubles, or till further Order be taken, giving Notice from Time to Time, to them which are to succeed, Six Days before they are to make their Appearance at their appointed Place; and the Deputy Lieutenants and Committees of the said several and respective Counties are hereby required to appoint a Meeting, at some convenient Place within their several and respective Counties, so soon as conveniently they may; and they then present are to agree amongst themselves of the First Five who are to begin this Service: And whereas Colonel Cromwell hath Ten Troops of Horse already armed, which were heretofore raised in the said associated Counties, it is Ordained, That all the now associated Counties shall discharge their Pay till this Time; and, so long as the said Troops shall be thought fit to be continued together as One entire Regiment, they shall be paid equally by all the said Counties: And, forasmuch as the Preservation of the Isle of Ely, Holland, and Marshland, in respect of the Avenues and Passages leading to them, doth mutually depend each of them upon the other; and that Colonel Cromwell is already appointed Governor of the Isle of Ely, but no special Provision is yet made for the Parts of Holland and Marshland; the same is hereby recommended to the Earl of Manchester, who, by virtue of this Ordinance, is authorized to place such Governor or Governors in Holland or Marshland aforesaid (with the Approbation of the Lord General), with such Directions for the mutual Preservation of them and the Isle of Ely, as in his Judgement he shall conceive to be most effectual for their joint Preservation.
"And lastly it is Ordained, That if any Person or Persons, inhabiting within the said associated Counties, shall receive, harbour, and conceal, any that have been, or shall hereafter be, imprested by virtue of any Ordinance of Parliament, to be commanded by the Earl of Manchester, Major General of the said associated Forces, who shall withdraw themselves from the Service they now are or shall be by him the said Earl engaged in, for the Service of the Parliament, without Licence from the Captain which he or they shall serve under, it shall be lawful for the Deputy Lieutenants of the several and respective Counties, or any Two of them, to commit such Persons as shall so withdraw themselves, as also all such as shall knowingly harbour and conceal the Persons so withdrawing themselves, or to fine any of them as they shall think fit, not exceeding the Sum of Ten Pounds; and if the Persons so withdrawing, or the Persons so concealing, shall refuse, upon Demand, to pay the said Fine so imposed upon him or them as aforesaid, that then it shall be lawful for the said several and respective Deputy Lieutenants, or any Two of them, to sequester the Estates of the said Offenders, and imprison their Persons, until the said Fines be satisfied and paid.