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 Martis, videlieet, 26 die Martii.
Sir W. Brereton's Ordinance.
Ordinance for the Weekly Meal.
The Speaker reported the Effect of the Conference Yesterday, concerning the Ordinance for the Weekly Meal, "That the House of Commons agrees to the Proviso for excepting the Assistants and Attendants of both Houses; but concerning these Words ["being approved of by both Houses of Parliament"] to be left out, they desire it may stand with those Words in."
Message to the H. C. that the Lords agree to it, and Sir Wm. Brereton's;
To let them know, that this House agrees to the Ordinance concerning Sir Wm. (fn. 1) Brereton, and the Ordinance concerning the Weekly Meal, and have Ordered them to be printed and published.
and to desire them to expedite Mr. Salisbury's.
Colonel Berry to attend.
Baldwin to have the Liberty of The Gatehouse.
Upon reading the Petition of Mr. Baldwin, now a Prisoner in The Gatehouse: It is Ordered, That he shall have the Liberty of the Prison, provided he be not permitted to disperse or preach any of his Opinions.
It was moved, "Whereas the Rents of Sutton Marsh were Ordered to be sequestered in the Hands of Sir John Jacob, until the Cause could be determined in this House; but the said Sir John Jacobs hath not meddled in receiving any Rents, whereby they are endangered to be lost:" And in regard the Lord Dacres, One of the Parties concerned in the Business, is willing that the Rents should be paid unto the Earl of Pembrooke; it is Ordered, That the Power given to Sir Jo. Jacobb shall be discharged, and the Sequestration and Receiving of the Rents and Arrearages there shall be committed to the Earl of Pembrooke, with Power, by himself or his Assigns, to set and lett the Lands in Question, and to maintain the Banks and Sluices, and also to give reasonable Allowance to the Tenants, of such extraordinary Charges as they have been or shall be at, in defending the Possession; by which Means the Profits will be secured, and the Earl of Pembrooke will be accountable, as the House of Lords upon the Determination of that Question shall Order; and that Welby may render an Accompt before this House, of the Money and Corn by him received and levied in the Marsh, and pay in the same to the Earl of Pembrooke or his Assigns; and that, in Case of Tumults or Riots, the Militia thereabouts shall be assistant to the Sequestrator and his Assigns, as Occasion shall require; and that, if the Tenants shall refuse to pay, they may be commanded up by a Messenger, to attend and answer their Contempts.
Cowper and Wilgrice.
Upon reading the Petition of Turner Marriner: It is Ordered, That Cowper and Wilgrice shall be sent for, to attend this House, to give an Account why they have not obeyed and performed the Orders of this House.
Ordinance for making Saltpetre.
The Lord Admiral reported the Ordinance for Saltpetre, with some Alterations; and, upon Debate, it is Ordered to be re-committed to the said Committee, who are to meet on Thursday Morning next about (fn. 2) it; and the Lord Wharton is added to that Committee.
An Ordinance of the Lords and Commons in Parliament, to enable Sir William Brerton Baronet, One of the Members of the House of Commons, to execute the several Ordinances of Parliament for Advance of Money, within the County of Chester, and County and City of Chester; and to take Subscriptions, for the better Supply and Maintenance of the Forces under his Command, for the Security of the said Places; and for Prevention of the Access of the Irish Forces into those Parts.
Ordinance for Sir W. Brereton to command in Cheshire, and for Defence of those Parts.
The Lords and Commons assembled in Parliament, taking into their serious Consideration the present Condition of the County of Chester, and of the County and City of Chester, and the Parts adjacent, and the Damage which hath already happened, and may still accrue to this Kingdom, by the frequent Access of the Irish Forces into the said Place (by Means of the Haven of Chester being yet within the Enemies Power) joining themselves with such Delinquents and Papists as are now in Arms in those Parts against the Parliament, have thought fit that Course be timely taken for Prevention of further Mischiefs, by landing of more Irish Forces in those Parts; and therefore, that they might speedily reduce the said County and City of Chester and Places aforesaid to their due Obedience to the King and Parliament, have thought it necessary that competent Supplies and Provisions be had and established, as well for the Discharge and Payment of such Arrears as are already due and owing to the Officers and Soldiers employed in the Service aforesaid, as for their future Maintenance and Allowance, during such Time as their Service shall be requisite; to which End and Purpose, the said Lords and Commons, having had good Experience, and being fully assured, of the Fidelity and Resolution of Sir Wm. Brerton Baronet, One of the Members of the House of Commons, and of the Forwardness and good Affections of the Deputy Lieutenants, Commanders, and Inhabitants of the said County of Chester, have Ordained, and be it Ordained by the said Lords and Commons, That the said Sir Will'm Brerton shall have 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 Supplies and Provisions aforesaid, and for other Necessaries for the Advancement of the said Service; which Sums of Money, to be subscribed as aforesaid, the said Sir Will'm Brerton and his Assigns shall and may receive, and employ for the Service aforesaid, and 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 Cent. And for the better enabling the said Sir William Brerton to make Repayment of such Monies as shall be lent for the said Purposes, and to perform such Conditions and Agreements as the several Subscribers and Lenders shall agree unto as aforesaid, and for the Maintenance and Supplies of the said Forces, and further Advancement of the aforesaid Service, be it further Ordained, by the said Lords and Commons, That the said Sir Will'm Brerton, together with the Deputy Lieutenants and Committees of the said County of Chester, and the County of the City of Chester, or any Two or more of them, shall have full Power and Authority to put in Execution, within the said County of Chester and County of the City of Chester (when the same shall be reduced), the several Ordinances of this present Parliament hereafter mentioned; that is to say, the Ordinance for Sequestration of Malignants, Delinquents, and Papists Estates, the Ordinance 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, so far forth as they or any of them have not been already fully executed within the Places aforesaid; and to take Care for the full and due Execution of the said Ordinances, according to the Tenor and true Meaning of the same respectively: And, for the more speedy raising of Monies for the Re-payment of such Sums as shall be brought in by Subscriptions as foresaid, and towards the Satisfaction of such Officers and Soldiers as are or shall be in Arrear of their just Pay and Allowance, and for whom there shall not be present Pay and Provision allowed, be it Ordained, by the said Lords and Commons, That the said Sir Will'm Brerton, together with such Deputy Lieutenants and Committees as aforesaid, shall have hereby full Power and Authority to set and let the Lands and Tenements and Hereditaments of all Papists and Delinquents, which are or shall be seized and sequestered, according to the Ordinance of Parliament for Sequestration, within the said County of Chester and County and City of Chester, or either of them, from Year to Year, or by Lease or Leases, for the Intents and Purposes aforesaid, so long as the said Sequestration shall continue; and in case the Lenders or Subscribers shall not receive full Satisfaction for their Principal Money to be lent or subscribed as aforesaid, with the Interest thereof, out of the Estates of Papists and Delinquents as aforesaid, or by such other Means as is hereby provided as aforesaid, that then the said Lenders and Subscribers, and every of them, shall have the Public Faith of the Kingdom, for the Payment of such Sum and Sums of Money as shall be due unto them: And whereas the said County of the City of Chester is wholly subjected to the Power and Tyranny of the Forces raised against the Parliament, by reason whereof no Commissioners or other Officers could (fn. 3) yet put in Execution any of the said Ordinances of Parliament; and whereas some Persons formerly appointed by Authority of the Parliament to be Commissioners and Officers within the said County of Chester and County of the City of Chester, to execute the Ordinances aforesaid for the Service of the Parliament, have since neglected and deserted the same, and manifested their Disaffections thereunto; be it therefore Ordained, by the said Lords and Commons, That, for the Supply thereof, the said Sir Will'm Brerton, together with such Deputy Lieutenants and Committees as aforesaid, shall have full Power and Authority to name and appoint such Commissioners, Treasurers, Collectors, and other (fn. 4) Officers, within the said County of Chester and County and City of Chester, when the same shall be reduced, as shall be necessary (through the Defect aforesaid) for the better putting in Execution of all and every the Ordinances of Parliament before mentioned, and of all other Ordinances of Parliament, in case either no Commissioners or other Officers be named by the Authority of Parliament to put the same in Execution, within the said County of Chester, and County and City of Chester, or either of them, or in case the Commissioners, or other Officers already named, have neglected or deserted the said Service, or otherwise discovered their Disaffections to the Proceedings of Parliament; which said Commissioners, and other Persons so to be named and appointed by the said Sir Will'm Brerton, together with the Deputy Lieutenants and Committees as aforesaid, 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 both Houses of Parliament, and their Names inserted into 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 the 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 Monies that shall be raised within the Places aforesaid, by virtue of the afore-mentioned Ordinances, or of this present Ordinance; and the said Sir Will'm Brerton, with such Deputy Lieutenants and Committees as aforesaid, are hereby enabled and authorized to call to Accompt, upon Oath, all such Persons of the said County of Chester, as have received any Monies by Authority from the Parliament, as also to take Accompts upon Oath, from Time to Time, of the said Commissioners, Treasurers, and other Persons, who shall receive any Monies within the said Places, by such Authority as aforesaid, and the same to convert and employ for the Services aforesaid; and to give such fitting and reasonable Allowances 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 Will'm Brereton shall think fit; provided, that such Allowance shall not exceed the respective Rates allowed in other Counties of the Kingdom, for putting the said Ordinances in Execution; and if any Treasurers, Collectors, or others, shall refuse to account, or pay in the Monies wherewith they are charged, then the said Sir Will'm Brereton, together with such Deputy Lieutenants and Committees as aforesaid, shall return their Names to One or both Houses of Parliament; and the said Sir Will'm Brereton, together with such Number of Deputy Lieutenants or Committees as aforesaid, is hereby authorized to administer the several Oaths specified in the aforesaid Ordinances unto such Commissioners and Persons (which have not already taken the same), as by the true Meaning of the said Ordinances, or of this present Ordinance, or any of them, ought to take the same: And be it further Ordained, by the said Lords and Commons, That the Personal Estates of such Delinquents and Papists, within the Cities of London and Westm. and within Twenty Miles of the same, not yet sequestered nor discovered, and which shall be discovered by the said Sir Will'm Brereton, or such Person or Persons as he shall authorize under his Hand and Seal for that Purpose, within Two Months next after the publishing in Print of this Ordinance, shall be allowed unto the said Sir Will'm Brereton, for the further Advancement of the said Service; provided that the said concealed Estates exceed not the Sum of Five Thousand Pounds; and that the said Sir Will'm Brereton, or any Person authorized by him as aforesaid, nor any of them, shall possess themselves of the said Papists or Delinquents Estates, before he or they acquaint the Committee of Lords and Commons for Sequestrations therewith, to the End they may judge of the Delinquency of the Persons, before his or their Estates be sequestered and taken away: And be it further Ordained, by the Lords and Commons, That the said Sir Will'm Brereton shall have Power and Authority, and is hereby required, to administer the Covenant appointed to be taken by the Three Kingdoms of England, Scotland, and Ireland, to all Persons within the said County of Chester, and the County of the City of Chester, who ought to take the same, by the late Ordinance and Instructions for that Purpose, and have not already taken it.
And be it further Ordained, by the said Lords and Commons, That the said Sir Wm. Brereton, together with the Deputy Lieutenants and Committees as aforesaid, shall have Power to call before them all Ministers and School-masters, within the County of Chester and the County of the City of Chester, that are scandalous in their Lives, or ill-affected to the Parliament, or Fomenters of this unnatural War, or shall wilfully refuse Obedience to the Ordinances of Parliament, or shall have deserted their ordinary Place of Residence, not being employed in the Service of the King and Parliament; and they shall have Power to send for any Witnesses, and examine any Complaint or Testimony against them, upon Oaths of such Persons as shall and may be produced to give Evidence against them; and, upon such Proofs of the aforesaid Crimes, the said Sir Will'm Brereton, together with the Deputy Lieutenants and Committees aforesaid, have hereby Power to remove and eject all such scandalous Ministers and School-masters, and in their Places to nominate and appoint learned, able, godly, and fit Persons, as they (with the Advice and Consent of Three or more godly and learned Divines of the said County of Chester, which they shall call unto them for that Purpose) shall think fit; and shall cause all such Ministers and School-masters, so nominated, appointed, and placed, to be put into Possession of the said Churches and Schools, who shall and may respectively take, receive, and perceive, to their own Uses, the Profits and Revenues belonging to the said several Churches and Places, in as large and ample Manner, as the several Ministers and Persons in the said several Places have formerly used to do.
Order for 200 l. for maimed Soldiers.
It is this Day Ordered, by the Lords and Commons, That the Committee at Haberdash'rs Hall do pay unto the Treasurers for maimed Soldiers Two Hundred Pounds, to be employed for the Relief of the maimed Soldiers, and the Widows of slain Soldiers; and that the said Treasurers do re-pay the said Two Hundred Pounds out of the First Monies that shall come into the said Treasury."
An Ordinance of Parliament, for the Contribution of the Value of One Meal in the Week, towards the Charge of arming and forming into Regiments the Auxiliary Forces now in raising within the Lines of Communication; and for the better Execution of the several Ordinances of the Militia, within these Parts and Places, according to the Tenor of the same Ordinances.
Ordinance for the Weekly Meal.
Whereas the Committee for the Militia of London have, for the better Discharge of the great Trust in them reposed (according to several Ordinances of Parliament enabling them thereunto), authorized several Sub-committees to put in Execution, within the Cities of London and Westm. Hamlets of The Tower, and the Borough of Southwarke, and other the Parts adjacent within the Weekly Bills of Mortality, the several Ordinances heretofore made for ordering the Militia of those Parts and Places, the speedy and due effecting whereof will not only much ease and relieve the Trained and Auxiliary Bands of the Places aforesaid, now much overburdened with Duty, but will also, by God's Blessing upon the same, apparently tend to the better Safeguard of those Places, and Preservation of this present Parliament, under God the chief Bulwark and Conserver of our Religion, Laws and Liberties; and whereas, besides other voluntary Contributions, a chief Mean of raising and forming of the Auxiliary Regiments already raised in the Places afore specified hath been the voluntary Forbearance of One Meal in the Week, and rendering the Value of the same for the Purpose aforesaid, which, being begun by well-affected Persons, is conceived may be of special Use, for raising more Forces, buying of Arms and Ammunition, and accomplishing the Intent of the said Ordinances, if convenient Power be added, to make that Way of Contribution general, and as the Burthen may not rest alone upon the willing Party: The Lords and Commons in Parliament assembled, taking the Premises into their serious Consideration, and being sensible of the good Service already performed to the State by the Forces of the City and Places aforesaid, and well approving of the Continuance of the good Endeavours of the said Committee, and of their Sub-committees, whereto they conceive it requisite to give all fitting Assistance and Encouragement, and holding it very just and reasonable that all Persons, according to their Abilities, should, in a reasonable and proportionable Way, contribute to the supporting of that Charge and Burden, which is necessarily to be undergone for the common Safety, do, for the better speeding and perfecting of the said Work, think fit to Order and Ordain, and be it Ordained, Declared, and Established, as followeth, That all and every Person and Persons, and their Families, residing or inhabiting within the said Cities of London and Westm. the Hamlets of The Tower, Borough of Southwarke, and other the Parishes and Places within the Lines of Communication and Weekly Bills of Mortality, shall pay and contribute, upon each Tuesday Weekly, the Value of One ordinary Meal, to such Person and Persons as shall be respectively appointed Collector or Collectors thereof, in such Sort as is after mentioned, the same to be employed for the Ends and Purposes before specified and hereafter mentioned: And, for the better ordering, rating, and raising the said Monies, it is further Ordered and Ordained, That the Alderman, Alderman's Deputy, and Common Council Men, of and for each Ward within London and the Liberties, calling to their Assistance Two or more of the Sub-committee usually sitting at Salters Hall, in Bread-streete, being Freemen of the City of London, and of the same Ward, if there be any such therein, and some other able and well-affected Persons of each Ward, and the greater Part of them, and the said other Subcommittees within their several Limits and Divisions, or any Seven or more of them respectively, shall have full Power and Authority to assess or tax, or nominate Assessors, to set a Rate and Tax upon each Person and Family as aforesaid; to wit, what Rate, Proportion, or Sum of Money, each Person, for him or herself, or for themselves and Families respectively, shall pay and contribute for the Value of One Meal in the Week as aforesaid; and shall appoint convenient Places and fit Persons, within each Parish or Precinct respectively, where and to whom the said Monies shall be respectively paid, by the Persons so assessed; and to nominate and appoint Collectors or Receivers, to call for and attend the Receipt of the said Monies so assessed, who are to pay over the same upon each Thursday Weekly, at Two of the Clock in the Afternoon, to the respective Treasurers hereafter mentioned; videlicet, the Collectors for the said City of London and the Liberties to John Langham Alderman, appointed Treasurer by the Common Council of the City of London, who shall and may, upon Occasion, exchange and alter the same Officer, and appoint such other fit Officer as shall to them seem meet; the Collectors for the Hamlets of The Tower of London and the Liberties thereof to Mr. Abraham Corsellis, One of the Sub-committee there, which usually meets at Savage House, at Tower Hill, and who is appointed to be their Treasurer; the Collectors for the said City of Westm. and Liberties thereof, and other the Liberties, Parishes, and Places, within that Division, to Mr. Edward Carter, One of the Sub-committee for that Part, which usually meet and sit at The Savoy, in The Strand, and appointed to be their Treasurer; the Collectors for the Borough of Southwarke, and other the Liberties and Places within the Division, to Mr. Richard Walker, One of the Sub-committee there, which usually meet at the Vestry House in Olives Parish, and who is appointed to be their Treasurer; and, in Default of such Persons appointed Treasurers as aforesaid, then to such other Treasurers as shall be severally for such Purpose appointed; to wit, by the Common Council of London for the said City and Liberties, and by the other Sub-committees, or any Seven of them, for their Divisions respectively; which said respective Treasurers are hereby authorized to issue out the said Monies so gathered and received, as is hereafter mentioned; videlicet, the Treasurer for the City of London and the Liberties thereof, for the recruiting of the Auxiliary Regiments already raised, raising and preparing of more Forces, buying of Arms and Ammunition, and for such other Uses as the Common Council of the said City of London, or such Persons as they from Time to Time shall appoint for that Purpose, being approved of by both Houses of Parliament, shall think fit to direct and appoint; and the Treasurers for the other Parts shall issue their Monies respectively for recruiting their Auxiliary Regiments, raising and preparing of more Forces, and executing the Ordinances of the Militia, within their respective Precincts, according to such Warrants and Directions as shall be given by the said Sub-committees for the Uses aforesaid, by Order to be made at the respective usual Places of Meeting of the said Subcommittees respectively, of whom Seven at least are then and there to be present, and subscribe the same Order; and if any Person or Persons assessed, or to be assessed, for the Weekly Payment aforesaid, shall, after Demand thereof made of the Person so assessed, or at his or their usual Places of Habitation or Abode, fail in 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, Voluntiers, Constables, or others, who are hereby enjoined to assist upon all Occasions, being required, to levy Double the Sum or Sums so assessed, together with the necessary Charges which shall be expended in the collecting thereof, by Way of Distress upon his and 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 if no sufficient Distresses can be found within the said City of London, or the Liberties, whereby the Monies assessed upon the Persons there may be levied, then, upon the Certificate thereof made by the said Sub-committees for the City and Liberties, or any Seven of them, being Freemen of the said City of London, to the Lord Mayor of the said City, he is forthwith to grant his Warrant, for the apprehending of the said Person and Persons, and for his and their Committment to safe Custody, without Bail or Mainprize, wheresoever he or they are or shall be found, within Liberties or without, unless he shall see just Cause to the contrary; and in like Case, if no sufficient Distresses can be found within the other respective Divisions beforementioned, whereupon the Sums assessed upon the Persons there may be levied, then, upon Certificate to be made in that Behalf to the respective Sub-committees of those Divisions, the said Committee, or any Seven of them, by Order to be made at their usual Place of Meeting, shall and may commit such Person or Persons to safe Custody, without Bail or Mainprize, wheresoever he or they shall be found, whether within the said respective Divisions or without; the said Persons so to be committed as aforesaid to continue in Prison until they have fully satisfied their respective Assessments: And be it further Ordered and Ordained, That the over or under-rating of any Person or Persons, or their Families, within the said City of London, or any Part thereof, shall and may, upon Complaint thereof, be examined and rectified by the Common Council of the said City, or any Committee by them for that Purpose to be appointed, or the greater Part of such Committee; and if any Person or Persons, within any the said other Divisions, be over-rated in the said Assessments, or under-rated, the same shall, upon Complaint thereof, be rectified by the said Sub-committees of that Division respectively, or any Seven of them, according to their Discretions; and if any Assessors, Collectors, or Constables, within the said City of London, or the Liberties, shall refuse the said Service, or prove negligent or faulty therein, upon Certificate thereof made by the said Sub-committee of Salters Hall, or any (fn. 5) Seven of them, being Freemen of the said City of London, to the Lord-Mayor of the said City, he is forthwith to grant his Warrant for Commitment of such Persons to Prison, unless he shall see just Cause to the contrary; and like Power upon such Occasion the said other Sub-committees may exercise, within their Limits respectively; or, upon such Neglect or Default as aforesaid, the Common Council, or whom they shall appoint, for London and the Liberties, and the Sub-committees, or any Seven of them, within their several Divisions, may impose a Fine upon the Offenders, 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 the Monies to be employed for the Service aforesaid: And it is Ordained, That the said Treasurers respectively shall each of them keep a Register-book of the Sums received and paid out by them, that so they may give a just and perfect Accompt thereof unto the said Sub-committees to whom they respectively belong, when they shall be by them required, which shall be Once Monthly at least; and the said Treasurer for London and the Liberties shall also, concerning the Premises, be accountable to the Common Council for the said City, or such Committee as they shall thereto appoint, when he shall at any Time be thereunto required: And for the better Encouragement of the said Collectors and Treasurers, it is Ordained, That Five 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 Four Pence shall be to the Collectors, and One Penny to the Treasurer: And be it lastly by the said Lords and Commons further Ordained, That all and every the respective Committees, Assessors, Treasurers, and Collectors, of the respective Divisions aforesaid, and all that shall assist them in the Premises, shall be, by Power of Parliament, protected and saved harmless, both for what according to the true Meaning of the Premises they have done, and shall do therein for Time to come.
"Provided, That this Ordinance extend not to such Persons as receive Alms, nor shall be of longer Continuance than for the Space of Six Months, to begin from Tuesday next after the Date hereof: Provided also, That this Ordinance shall not extend to the using of any compulsory Power over any the Members of either House of Parliament, or any Peer, or any Assistant of the House of Peers, or any Attendant on either House of Parliament, or any Member [ (fn. 6) of the] Assembly of Divines; or to give Power to settle any other Rates upon any of them touching the Premises, than what they respectively will tax themselves at or agree unto; any Thing in this present Ordinance contained to the contrary notwithstanding."