House of Lords Journal Volume 6: 13 February 1644

DIE Martis, 13 die Februarii.

PRAYERS, by Mr. Wilkinson.

Lords present this Day:

Ds. Grey de Warke, Speaker.

Captain Rutt to attend for disturbing the the Peace at Hunsdon.

The House was informed, "That Captain George Rutt caused his Soldiers at Hunsden to be armed on a Sunday Morning, to the Disturbance of the Peace, as is alledged:" Hereupon this House Ordered, That the said Captain George Rutt shall have Notice to attend this House, to give an Account of this Business.

Ordinance for taking Ships belonging to the Irish Rebels.

The Lord Admiral reported from the Committee the Ordinance concerning taking of Ships belonging to the Rebels in Ireland; which the Committee thinks fit to pass without any Amendments: And it was Ordered to be sent to the House of Commons, to desire their Concurrence.

French Ambassador's Horses to be exported Dutyfree, and his Goodsnot to be searched

It was moved, "That the Horses which Prince De Harcourt is to carry into France with him may pass Custom-free, and the Clause for searching his Goods may be left out:" Which this House Ordered accordingly, being informed that he hath given his Word that he will pass nothing but what is his own.

Message to the H. C. with Ordinances, &c.

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

To desire their Concurrence in the Ordinance concerning the Ships belonging to the Rebels in Ireland.

Also to return them the Ordinance concerning Sir Thomas Middleton, with a small Alteration, wherein this House desires their Concurrence.

Also to desire their Concurrence in the Orders concerning the Prince De Harcourt, with the Alterations.

Man of War to carry over the French Ambassador.

Ordered, That the Lord Admiral is hereby appointed to transport the Prince De Harcourt out of this Kingdom into France, in One of the King's Ships.

Message from the H. C. for a Conference about the Committee of both Kingdoms.

A Message was brought from the House of Commons, by Mr. Rous:

To desire a Free Conference, concerning the Conference last Night.

to expedite Two Ordinances;

2. To desire Expedition to the Ordinance concerning the sealing of Writs of Error.

3. To give Expedition to the Ordinance for Accompts.

and for Releasement of their Printer.

4. To remember the Releasement of their Printer.

Ordered, To be released for the present, but not discharged; and the Four Thousand Books to be dispersed.

The Answer returned was:

Answer.

That this House will give a present Conference, as is desired, in the Painted Chamber; concerning the Printer, this House releases him for the present, but doth not discharge him; and concerning the Ordinance for sealing Writs of Errors, and the Ordinance concerning the taking of Accompts, this House will send an Answer by Messengers of their own.

Ordinance for taking the Accompts of the Kingdom.

Then this House was adjourned during Pleasure into a Committee, (fn. 1) on the Ordinance for taking all the Accompts of the Kingdom: And the Committee having made some Alterations therein;

The House was resumed.

And the Alterations were reported, and the Ordinance read with the said Alterations.

And this House agreed to the same with the Alterations.

Answer from the H. C.

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

That they agree to the Two Orders concerning the Prince De Harcourt: And to the other Two Ordinances they will send an Answer by Messengers of their own.

Ordered, That the Earls of Northumb. and Manchester shall report this Conference.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference about the Ordinance concerning the Committees of Kingdoms.

The Earl of Manchester reported "so much of the Conference as concerned the explaining the Meaning of those Words delivered by Mr. Prideaux at the Conference; which Words are acknowledged to be spoken, and the House hath avowed them to be the Sense of the House; and, because there may be no Mistake, they have brought the Reasons now in Writing, why this Power should be granted to the Committee of both Houses:

"1. Because the Two Houses cannot, by their own immediate Commands, order and direct the managing and carrying on the War for the Advantage of the Three Kingdoms, with the Secrecy and Expedition necessary for that Work.

"2. Because, without such a Power placed in a Committee of both Houses, who with Secrecy and Speed may have an Influence and general Superintendency over the several Forces in this Kingdom, as well Scottish as others, it will be impossible to maintain Unity and Correspondency amongst the several Forces, or to improve them in a joint Way for any Public Design for the shortening this War; which by all Mcans is to be endeavoured, for the Good of the Three Kingdoms.

"3. If this cannot be done by the immediate Commands of the Two Houses, and that this Ordering and Directing of the War be not placed in a Committee of both Houses, all Things concerning the War must be ordered and managed without any renewed Influence or Directions from both Houses for the Advantage of the Kingdoms.

"4. Because there may many emergent Occasions fall out, wherein the Directions of the Two Houses may be necessary for the Three Kingdoms, and that at such Times when the Houses are not sitting; in which respect it is necessary a Standing Committee should be authorized by them for that Purpose."

The rest of the Report is to be made To-morrow Morning.

Ordinance for Sir Thomas Middleton to raise Forces in Six Welsh Counties.

"The Lords and Commons assembled in Parliament (taking into their serious Consideration the present Condition of the Counties of Salopp and Cheshire, and the Damage which may accrue to this Kingdom by the frequent Landing of Irish Forces in the Counties of North Wales, and joining themselves with such Delinquents and Papists as are now in Arms in those Parts against the Parliament, and His Majesty's Sovereign Power and Authority therein residing, which tends to the Subversion of the fundamental Constitution, Government, and Tranquillity of this Realm, the Liberty and Privileges of the Subjects, and the Protestant Religion within His Majesty's Dominions) have thought fit that a timely Course may be taken, for the Prevention of the Access of any Irish Forces into those Parts for the future, by the speedy reducing of the Six Counties of North Wales to their due Obedience to the Parliament; for the effecting and compleating of which Work it is necessary that Fifteen Hundred Foot and Three Hundred Horse be speedily raised and levied, with sufficient Arms, Ammunition, and Money to pay them for Six Months next ensuing; to which End and Purpose, the said Lords and Commons, being well assured of the Fidelity and Resolution of Sir Thomas Middleton Knight, One of the Members of the House of Commons, and Serjeant Major General of the Parliament's Forces for the said Six Counties of North Wales, have Ordained, and be it Ordained by the said Lords and Commons, That the said Sir Thomas Middleton shall have, and hereby hath, full Power and Authority to take the Subscriptions of all such Persons as will voluntarily lend or contribute any Sum or Sums of Money towards the raising and maintaining of the said Forces, buying of Arms and Ammunition, and for other Necessaries for the Advancement of the said Service, upon such Terms and Conditions as the several Lenders shall agree; which Sums of Money, so to be subscribed or lent as aforesaid, the said Sir Thomas Middleton and his Assigns are hereby authorized to receive and employ for the Service aforesaid, and to give Notes or Acquittances for the several Sums so received; which said Notes or Acquittances shall be a sufficient Specialty and Evidence for the several Persons that shall lend or contribute any Money as aforesaid to demand Re-payment thereof, with such Increase as shall be agreed upon, so as the same shall not exceed Eight Pounds per Centum: And for the better enabling of the said Sir Thomas Middleton to make Re-payment of such Monies as shall be lent for the Purposes aforesaid, and to perform such Conditions and Agreements as the several Subscribers shall agree unto, and for the Maintenance of the said Forces, and Advancement of the said Service, be it further Ordained, by the said Lords and Commons, That the said Sir Thomas Middleton shall have, and hereby hath, full Power and Authority to put in Execution, within the several Counties of Flint, Denbigh, Mountgomery, Merioneth, Carnarvon, and Anglesey, the several Ordinances of this present Parliament hereafter mentioned; that is to say, the Ordinances for Sequestration of Delinquents and Papists Estates; the Ordinances for the levying of Monies by Way of Excise or new Impost; the Ordinance for the raising of Money, by taxing such as have not at all contributed, or not according to their Estates; the Ordinance for the Weekly Assessments; and all other Ordinances made this present Parliament, for Advance of Money, through the whole Kingdom, and Dominion of Wales, for the Service of the King and Parliament: And for the more speedy raising of Money, for the Re-payment of such Sums as shall be raised by Subscriptions as aforesaid, be it also Ordained by the said Lords and Commons, That the said Sir Thomas Middleton shall have, and hereby hath, full Power and Authority to set and let the Lands, Tenements, and Hereditaments of Delinquents, which shall be seized and sequestered, with in the said Six Counties of North Wales, or any of them, from Year to Year, or by Lease or Leases, until the said Money so subscribed and paid be satisfied and discharged, and the Conditions and Agreements with the several Lenders fully performed; and in case the said Lenders shall not receive full Satisfaction of their Principal Money to be lent as aforesaid, with the Interest thereof, out of the Delinquents Estates, or otherwise before expressed, that then the said Lenders, and every of them, shall have the Public Faith of the Kingdom for the Payment of such Sums of Money as shall be due unto them: And whereas the said Counties of North Wales are wholly subjected to the Power and Tyranny of the Commissioners of Array, by reason whereof no Commissioners have been named in any of the said Counties, for the putting in Execution of any of the said Ordinances of Parliament, be it also Ordained, by the said Lords and Commons, That the said Sir Thomas Middleton shall have, and hereby hath, full Power and Authority to name and appoint Commissioners, Treasurers, Receivers, Solicitors, and Agents, within the said Counties of North Wales, for the putting in Execution of all and every the Ordinances of Parliament beforementioned, and of all other Ordinances of Parliament wherein no Commissioners are named for the said Counties; which said Commissioners, and other Persons so to be named and appointed by the said Sir Thomas Middleton, shall, by virtue of this present Ordinance, have as full Power and Authority to put the said respective Ordinances in Execution as if they were named by the Two Houses of Parliament, and their Names inserted in the said respective Ordinances: And be it also Ordained, by the said Lords and Commons, That the several Sums of Money which shall be lent for Advancement of the said Service, and such Increase as shall be due for every respective Sum so lent according to the true Intent and Meaning of this Ordinance, shall be satisfied and paid out of the First Money that shall be raised within the said Counties of North Wales by virtue of the forementioned Ordinances and of this present Ordinance: And the said Sir Thomas Middleton is hereby enabled and authorized to require and take Accompts, from Time to Time, of the said Commissioners, Treasurers, and other Persons, of their Doings and Proceedings therein, and to give such fitting and reasonable Allowance unto such Persons as shall be employed in the Execution of the Ordinances aforesaid, and of this present Ordinance, or any of them, for their Pains and Charges therein, as the said Sir Thomas Middleton shall think fit; provided, that such Allowances shall not exceed the respective Rates allowed in the City of London, and other Parts of the Kingdom, for the putting of the said Ordinances in Execution: And be it further Ordained, That the Rents and Profits of the Water-works brought to London by Sir Hugh Middleton Baronet, deceased, belonging to His Majesty, or to any Delinquent, shall from Time to Time be paid unto the said Sir Thomas Middleton, to be employed in the said Service; and that Delinquents Personal Estates, within the Cities of London and Westm. and the Suburbs thereof, not yet sequestered nor discovered, and which shall be discovered by the said Sir Thomas Middleton within One Month next after the publishing of this Ordinance in Print, shall be allowed unto the said Sir Thomas Middleton, for the Advancement of the said Service; provided always, that the said concealed Estates do not exceed the Sum of Three Thousand Pounds, and that the said Sir Thomas Middleton do not possess himself thereof before he acquaint the Committee of Lords and Commons for Sequestrations therewith, to the End they may judge of the Delinquency of the Person before his Estate be sequestered and taken away: And the said Sir Thomas Middleton is hereby authorized to administer the several Oaths specified in the foresaid Ordinances unto such Commissioners and Persons as (by the true Meaning of the said Ordinances and of these Presents, or any of them) ought to take the same: And be it further Ordained, That whatsoever the said Sir Thomas Middleton, or any other Person, shall do, or cause to be done, in Pursuance (fn. 2) of this or any other the said Ordinances of Parliament, within the said Counties of North Wales, the same is ratified and confirmed by the Power and Authority of Parliament; and that the said Sir Thomas Middleton shall render an Account of all his Doings and Proceedings in the said Service to the Two Houses of Parliament; and that he the said Sir Thomas Middleton, and all other Persons whatsoever employed in the Execution of the said Ordinances, or any of them, shall be saved and kept harmless, in their Persons and Estates, for their Doings and Proceedings in the Premises, by the Power and Authority of Parliament."

Adjourn.

House adjourned till 9^a cras.