House of Lords Journal Volume 6: 22 February 1644

DIE Jovis, 22 die Februarii.

PRAYERS, by Mr. Marshall.

Lords present this Day:

Ds. Grey de Warke, Speaker.

Mrs. Rogers's Petition, for an Allowance out of the Living of St. Buttolph's, sequestered from her Husband.

Upon reading the Petition of Ann Rogers; shewing, That her Husband being by Judgement of this House sequestered from his Living at St. Buttolp without Bishoppgate, shewing she is in great Want for Maintenance: Therefore she humbly prays, that their Lordships would take her Condition into Consideration, and allow her some Maintenance out of the said Living.

Hereupon this House Ordered, That a Certificate of the Value of the Profits of the Living shall be presented unto this House; and then this House will take into Consideration what Allowance to make her.

Message from the H. C. for a Conference about the Ordinance for taking the Accompts;

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

1. To desire a present Conference, if it may stand with their Lordships Conveniency, touching the Ordinance concerning the taking of the Accompts of the Kingdom.

to expedite the Oath of Secrecy;

2. To desire their Lordships would expedite the Oath for Secrecy, to be taken by the Committees of both Kingdoms.

and Sir Walter Erle's Orders.

3. To give Expedition to the Order concerning making Sir Walter Earle Lieutenant of the Ordnance.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, in the Painted Chamber, as is desired; to the other Particulars of this Message, their Lordships will send an Answer by Messengers of their own.

Letter from the Parliament's Agent in Holland, in Favour of the Prince Elector.

Next was read, a Letter from Mr. Walter Strickland, Agent for the Parliament in Holland, dated the 15 / 25 January, 1643, which was sent down to the House of Commons at a Conference: And because there is an Expression in the Letter of the good Affections of the Prince Elector to the Parliament, to acquaint the House of Commons, "That the Opinion of this House is, That whereas Prince Rupert, and Prince Maurice, deserves ill from this Kingdom, for (fn. 1) their Activeness in this War against the Parliament, so they think it fit that the Prince Elector may have Expression from the Parliament, to acknowledge the same, he being in Want for Maintenance."

Message from thence, about Sir Walter Erle.

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

To desire that, at the next Conference, they may communicate something to them concerning Sir Walter Erle.

The Lord Admiral, and the Lord Viscount Say & Seale, and the Lord Wharton, are to report the next Conference.

The Answer returned was:

Answer.

That this (fn. 2) House will receive, at the next Conference, what they shall offer concerning Sir Walter Erle.

Ordinance for Importation of Bullion.

The Lord Admiral presented to this House an Ordinance concerning bringing in of Bullion into this Kingdom; which was commanded to be read.

Which Ordinance was read Twice, and ordered to be committed to these Lords following:

Their Lordships, or any Three, to meet To-morrow in the Afternoon, at Three of the Clock.

Sir Walter Devereux's Cause.

Ordered, That the Cause of Sir Walter Devereux shall be heard in this House, by Counsel on both Sides, the Third of April next.

Sir John Conyers, Leave to stay in Holland.

Ordered, That Sir John Conyers, Lieutenant of The Tower of London, hath Leave to continue still in (fn. 3) Holland, where now he is, until Midsummer-day next.

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

Report of the Conference on the Ordinance for taking the Accompts of the Kingdom;

And the Lord Wharton reported the Effect of this Conference:

That it was delivered by Mr. Crewe, that the House of Commons received from their Lordships the Ordinance concerning the taking of Accompts of the Kingdom; and to Two Alterations they cannot agree to:

1. Concerning Mr. Prynn, they desire he may stand in the Ordinance.

2. Concerning the Speaker of their House to give an Oath, they desire those Words may stand; for,

It is a Power allowed him in the Ordinance for the Excise.

2. 'Tis an Ordinance in Nature of a Law, not a Power claimed, but given; and they do not challenge it as a Right, but granted by an Ordinance.

3. 'Tis in an Act of Naturalizations granted.

and concerning Sir Walter Erle being Lieutenant of the Ordnance.

Further Mr. Hollis delivered, "That, upon the Death of Mr. Pym, the House of Commons voted Sir Walter Erle to be Lieutenant of the Ordnance on the 11th of December last, and desired their Lordships Concurrence therein; but the 3 of January last [ (fn. 4) their Lordships], without (fn. 5) giving any Answer herein, sent to recommend to the House of Commons Lieutenant Colonel Davys for that Place, who is a Person the House of Commons values very much, and will be ready upon any Occasion to express their Affection to him, for the good Service he hath done to the State; and they shall be ready to concur with their Lordships in any Thing else, whereby he may receive a Testimony of their Sense of his Sufferings for the Public: And because Sir Walter Erle (fn. 6) is a Person every Way deserving for that Place, they desire that their Lordships would please to concur with the House of Commons in the Ordinance formerly brought up.

Ordinance for taking the Accompts.

The House taking this Conference into (fn. 7) Consideration; Ordered, To agree to the Ordinance for taking of the Accompts of the Kingdom, as it came from the House of Commons. (Here enter it.)

Sir Walter Erle's Ordinance.

Ordered, That this House agrees to the Ordinance for nominating and appointing Sir Walter Erle to be Lieutenant of the Ordnance, as is desired by the House of Commons. (Here enter it.)

Message to the H. C. that the Lords agree to them.

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

To let them know, that this House agrees to the Ordinance concerning Sir Walter Erle to be Lieutenant of the Ordnance; and do likewise agree to the Ordinance for taking the Accompts of the Kingdom, as it came from them.

And to desire their Concurrence in an Order for instituting Mr. Salusbury to be Parson of . . . . . . . . . in the County of Suff.

An Ordinance of the Lords and Commons assembled in Parliament, for taking and receiving of the Accompts of the whole Kingdom.

Ordinance for taking the Accompts of the whole Kingdom.

Whereas divers Sums of Money and other Goods have been raised, levied, and taken, by divers Persons, partly by virtue of several Acts of Parliament, Ordinances, and Orders of both or One of the Houses of Parliament, and partly by Pretence and Colour of the said Acts, Orders, and Ordinances, or some of them, and by other Persons without any Authority at all, upon Pretences nevertheless for the Use or Service of the Commonwealth: The Lords and Commons in Parliament think it very necessary, and do Ordain, That all and every the Receivers of such Sums of Money, Goods, and other Things, shall make a perfect Accompt of all and every the said Sums and Goods, and for that Purpose have appointed a Committee hereafter named; and whereas the Lords and Commons hold it fit that no Person liable to any such Accompts shall be of the said Committee, or of any Sub-committee, for taking the said Accompts; and, for the more speedy taking of the same Accompt, have Declared, That no Member or Officer of either House of Parliament, or Assistant of the Lords House, or Officer of the Army or other Forces raised by the Parliament, shall be of the said Committee, or any the Sub-committees: Be it therefore Ordained, by the Lords and Commons in Parliament, That the Persons hereafter named, that is to say, William Cockaine and William Methold Merchants, John Glover, John Stevens, and William Prynne, Esquires, Thomas Hodges and Henry Hunter Merchants, Edmund Cason, Samuell Elliott, and Walter Boothby, Gentlemen, John Langley, John Gregory, Oliver Clowbery, Thomas Hutching, Anthony Bidolph, and Robert Ellis, Merchants, Edward Meade, Thomas Andrewes, Nicholas Gold, Christopher Packe, Daniell Hudson, George Witham, Lawrence Brinsley, Andrewe Kendrick, and Will'm Collins, Gentlemen, shall be a Committee, for the taking of the said Accompts of all and every the Treasurers, Receivers, Collectors, or Agents for the Parliament, Members, or Officers of either House of Parliament, or Assistants of the Lords House, Officers of the Army, or other Forces raised by Authority of both Houses of Parliament, or other Person or Persons whatsoever, which have taken, received, or issued out, or shall receive or issue out, or shall be otherwise chargeable with, any the said Monies, or other Goods raised, levied, or taken, or that shall be received, issued out, raised, levied, or taken, as aforesaid; and to enquire of all Frauds, Deceits, or Misdemeanors, concerning the Premises, as also of the Sums of Money that are rated and assessed upon any Person or Persons, and not yet paid, or which shall not at the Time of such Accompt be paid, and to certify the same to both or either of the said Houses, or to any Committee by both or either of the said Houses in that Behalf to be appointed; and every Person of the said Committee hereby ordained, before he enter upon the said Service, shall take an Oath before the Speaker for the Time being of either of the said Houses, for the due Execution of the said Service; which Oath the several Speakers for the Time being of both the said Houses shall have Power, and are hereby authorized, to administer; the Tenor whereof shall be as followeth; videlicet,

1 A. B. do swear, that, according to my best Skill and Knowledge, I shall faithfully, diligently, and truly demean myself, in taking the Accompts of all such Persons as shall come before me in Execution of an Ordinance of both Houses of Parliament, intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for taking and receiving of the Accompts of the whole Kingdom," according to the Tenor of the said Ordinance; and that I shall not, for Fear, Favour, Reward, or Affection, give any Allowance to conceal, spare, or discharge any: So help me God.

And the said Committee, or any Five or more of them, shall have Power, and are hereby authorized, if they shall see Cause, to make and ordain Sub-committees, in any County, City, or Place, where they shall think meet; who shall have the like Power and Authority within their several Limits, as the said Committee before named is authorized to have by virtue of this present Ordinance, and shall take the said Oath before any Two or more of the said Committee, or such as they shall appoint, who shall have Power, and are hereby authorized and required, to administer the same; the said Oath to be taken before they take upon them the Execution of the (fn. 8) same.

And the said Committee herein named, and every such Sub-committee as aforesaid, or any Two or more of them respectively, shall have Power, and are hereby authorized and required, to call before them all and every the Persons chargeable as aforesaid, and to cause them to accompt (fn. 9) for all and every such Monies and Goods for which they or any of them shall be so chargeable and accountable as aforesaid, which Accompt shall be given in upon Oath; and the said Committee, or Sub-committees, or any Two or more of them, are hereby authorized to administer the said Oath, the Tenor whereof shall be as followeth; videlicet,

I. A. B. do swear, that I shall, according to the best of my Knowledge, give in to this Committee (or Sub-committee) a just and true Accompt of all and every the Monies or other Goods by me, or any other by my Appointment, or to my Use, received or issued out, levied, or taken, by virtue of any Act of this present Parliament, Order, or (fn. 10) Ordinance of both or One of the Houses of Parliament, or by Colour or Pretence of any such Act, Order, or Ordinance, or for which I am any Way chargeable or accountable by force or virtue of a late Ordinance of both the said Houses, intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for taking and receiving of the Accompts of the whole Kingdom;" without any Fraud or Concealment whatsoever: So help me God.

And shall (fn. 11) have likewise Power, and are hereby authorized, to direct the Manner of the said Accompts, and to examine as well the Persons accountable, as any Witnesses or others that can inform or testify any Thing material touching the Premises, upon their Corporal Oaths (which they are hereby authorized to administer); and to send for any Person or Persons whom they shall think fit, and to cause them to bring in and produce any Books of Accompts, Writings, Papers, Inventories, Appraisements, Rentals, and other Things necessary touching the Premises; and if any Person or Persons, in whose House or Custody any such Books, Writings, Accompts, or Papers concerning the said Accompts, shall be supposed to be, shall refuse to shew and produce them, then the said Committee or Sub-committees respectively, or any Two or more of them, may cause any Doors, Locks, Bolts, Chests, Trunks, or other Places, of or belonging to any such Person or Persons (being no Member of either House of Parliament), to be opened, whereby Search may be made for any such Things; and if any Person or Persons shall refuse to come or appear before the said Committee or Sub-committees, or any Two or more of them respectively, upon convenient (fn. 12) Summons, or shall otherwise wilfully disobey or withstand their Command in or concerning the Premises, then they, or any Two or more of them respectively, shall have Power to grant out their Warrants for the apprehending of every such Person (being no Member of either House of Parliament), and to punish him by Fine and Imprisonment, and to break open any Doors, Locks, Bolts, Chests, Trunks, or other Places of or belonging to such Person, whereby Search may be made as aforesaid; and if any such Person so refusing to deliver in the Books, Papers, or Writings aforesaid, or disobeying notwithstanding their Commands, be a Member of either House of Parliament, then to certify his Name and Offence to both or either of the said Houses, or to such as they shall appoint to receive the same.

And shall have Power, and are hereby authorized and required, to examine all and every the said Person and Persons chargeable as aforesaid, by what Warrant or Warrants they or any of them have received or issued out, or shall receive or issue out, any such Monies or Goods, and to use all fitting Means for the Discovery of the Truth in and concerning the Premises, as Occasion shall require; and shall certify their Proceedings and Doings therein to both or either of the said Houses of Parliament, or such as they shall appoint from Time to Time, when and as oft as they shall be thereunto required.

And the said Committee and Sub-committees, or any Two or more of them respectively, shall have Power to appoint Clerks, Registers, and other Agents and Ministers under them, for the better expediting of the said Service, as they shall think fit, and to keep One or more Office or Offices for that Purpose, in such Place or Places as they shall think most convenient, and to do all such other Acts and Things which shall necessarily conduce to the Execution of the said Service; and they, and all others that shall be employed in and about the said Service, shall be therein protected and saved harmless, by the Power and Authority of both Houses of Parliament; and the Lords and Commons will in due Time take Consideration of the Pains of the Committees beforenamed; and the said Clerks, Ministers, and other Agents, shall have such Recompence for their Charges, Pains, and Travel in this Behalf, as by the said Committee, or any Five or more of them, shall be thought fit, and shall be approved of by both Houses of Parliament; and those that shall make Discovery to the said Committee or Sub-committees, or any Two or more of them respectively, of any such Monies or Goods as aforesaid, concealed or detained by any other Person who is or ought to be accountable for the same, shall have Six Pence in every Pound for his Service therein, and such further Recompence as shall be thought fit by both Houses of Parliament, or such as they shall appoint.

And be it further Ordained, That all and every Person and Persons chargeable or accountable with any such Money or Goods as aforesaid, by virtue of, or according to this present Ordinance, shall bring in his and their Accompts to the said Committee or Sub-committees for this Service, within their respective Limits, within Ten Days after they shall be thereunto required by the said Committee or Subcommittee, Four or more of them, unless the said Committee or Sub-committee shall think fit, in regard of the Length of the same Accompt, or otherwise, to give unto them further Time; under Pain of Sequestration of their Estates, and such other Punishments as shall be thought fit by both Houses of Parliament.

And the said Lords and Commons do further ordain and command all Sheriffs, Mayors, Bailiffs, Constables, Headboroughs, and other Officers whatsoever, to be attendant, assistant, and obedient, to the Commands of the said Committees and Sub-committees respectively, under such Penalty of Sequestration or otherwise as aforesaid.

Ordinance for Sir Walter Erle to be Lieutenant of the Ordnance.

It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Sir Walter Erle Knight shall be Lieutenant of the Ordnance, and shall execute the said Place in all the Duties thereof, and shall receive all the Profits and Advantages thereunto belonging, in as ample Manner as any other Lieutenant of the Ordnance formerly had, might, or ought to have done.

Adjourn.

House adjourned till 9^a, Saturday next.