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 Sabbati, 13 die Aprilis.
L. Viscount Say & Seale.
Report concerning Forces that are to join the Earl of Essex and Sir William Waller.
The Lord Wharton reported to this House, from the Committee of both Kingdoms, what Preparation of Forces are designed to go to Sir (fn. 1) William Waller; and also what Forces will come to the Lord General, at the Rendezvous at Ailsebury; and that an Information [ (fn. 2) is received] of some of the King's Forces that are coming towards Boston.
Best, Poors Money.
Report of an Ordinance to authorize the Committee of both Kingdoms to prepare Propositions for a Peace.
The Earl of Lyncolne reported, "That their Lordships having referred the Papers of the Scotts, and the Dutch Ambassadors, for so much as concerns Peace, to draw up what Reasons they think fit, by Way of Answer, or by Way (fn. 2) of Accommodation, to reconcile if it may be the Difference in Opinion betwixt the Two Houses, the Committee have drawn (fn. 3) an Ordinance, which they offer to their Lordships Consideration, to that Effect."
The Earl of Lyncolne further reported from the Committee, "That their Opinion is, That this Ordinance be communicated to the House of Commons, at a Conference; and, to that Purpose, have considered of something to be offered at that Conference besides;" which Paper was read.
Message to the H. C. for a Conference about it.
Message from thence, with Two Ordinances.
Ordinance for cutting Timber on Lord Petre's Estate.
L. Viscount Say & Seale.
|Any Three, to meet this Afternoon, at Three a Clock.|
Ordinance for cutting Timber for the Navy.
Answer from the H. C.
Subject of the Conference, for conciliating the Difference between the Houses, about referring it to the Committee of both Kingdoms to prepare Propositions for a Peace.
The Lords have with all possible Care and Deliberation considered of the Reasons of the House of Commons, touching the preparing of Grounds of Peace, to be referred to the Committee of both Kingdoms; and although that they are clearly satisfied, in their Judgements and Consciences, that the Reasons given by the House of Commons are not satisfactory to them, and that it is their Lordships just Right and Privilege to name their own Committee, and the Number of them; and their Lordships do see no Reason but that, in Case the said Affair had been referred to the Committee of Nine of their House, and a proportionable Number of the House of Commons, all due Correspondency might have been observed with our Brethren of Scotland; yet, in regard that, since the First Debate concerning the Premises, their Lordships and the House of Commons have both Resolved that the Army should take the Field, and the general Rendezvous is appointed on the 19th of this Month of April; and considering how necessary it is to prepare Propositions of Peace, that all Men may be satisfied what it is both they and the House of Commons insist on; and to satisfy the World touching the Inclinations and earnest Desire of their Lordships to a just Peace with Truth and the true Religion: They have therefore thought fit and resolved, for the present, to remit something from their said just Right in this Particular, and are contented that it be referred to the said Committee, to prepare Propositions to be made to His Majesty touching a Peace, and reconciling the miserable Distractions of this unhappy Kingdom, so as the same be expedited and brought into either of the Houses on Wednesday next, sitting the House, to be resolved on by the House; their Lordships further declaring, That, in case the said Propositions be not brought in by the Time aforesaid, their Lordships hold the making of Propositions of such absolute Necessity, that they must resume the Consideration of the same, wherein they will be careful, that it be done in such a Way, as that no Breach, or Colour of Violation, be of the Articles of the Treaty with our Brethren of Scotland; but all due Correspondency held with them, as a Thing not only requisite in Point of Justice and Honour of this Kingdom, but of the Safety and Good of both Nations, an Ordinance being drawn up to enable the said Committee to the Purpose and Effect aforesaid.
Ordinance for that Purpose.
Be it Ordained, by the Lords and Commons in Parliament assembled, That the Committee of both Kingdoms be hereby enabled to prepare Propositions for a safe and well-grounded Peace, the same to be brought in to One or both Houses on Wednesday the 17th of April, 1644, sitting the Houses, to be reviewed and considered of; and then, by the mutual Advice and Consent of both Kingdoms, to be perfected, so as they may be sent or tendered to His Majesty, in such a Way as both Houses shall think fit, or such other Use made of them as by such joint Advice and Consent as aforesaid shall be thought most necessary for the Good of both Kingdoms: Provided always, That the Power given unto the said Committee by this Ordinance shall continue no longer than during the Time herein limited for the bringing in of the said Propositions."
(fn. 4) "An Ordinance of the Lords and Commons assembled in Parliament, for the speedy raising of Monies, for compleating and maintaining of the Army under the immediate Command of Robert Earl of Essex, Lord General of the Forces raised by the Parliament, assessed in such Manner as is within expressed.
Ordinance for raising Monies, for compleating and maintaining the Army under the Earl of Essex.
Whereas the Lords and Commons assembled in Parliament, taking into Consideration the Necessity of speedy recruiting the Army under the immediate Command of the Lord General the Earl of Essex, have, by an Ordinance of the 1st of this Instant February, 1643, intituled, "An Ordinance for the present Recruiting of the Army under the immediate Command of the Earl of Essex Lord General," Ordained, That the said Army shall be forthwith recruited unto the Number of Seven Thousand Five Hundred Foot besides Officers, and Three Thousand Horse besides Officers; and shall consist of Seven Regiments of Foot, and Six Regiments of Horse, with a suitable Train of Artillery; and to that End have Ordained, That the Sum of Twenty Thousand Pounds be forthwith provided, out of the Excise, or elsewhere, and paid to the Treasurer of War, for the Purposes aforesaid; and do further by the said Ordinance Declare, That they intend suddenly to settle a constant Pay for the said Army; and that, upon the recruiting thereof, Care shall be taken for the regulating and reforming thereof: In Pursuance of which Ordinance, the Lords and Commons now assembled in the Parliament, taking the same into their serious Consideration, have Ordained, and be it Ordained by the said Lords and Commons, That the said Earl of Essex shall dispose of the said Seven Thousand and Five Hundred Foot Soldiers into Seven Regiments, whereof One Regiment, which is to be the Lord General's Regiment, shall consist of One Thousand Five Hundred Soldiers, and shall be divided into Twelve Companies, and each of the other Six Regiments shall consist of One Thousand Soldiers apiece, and every of the Six Regiments, shall be divided into Eight Companies, and no more; and the said Three Thousand Horse shall be disposed into Six Regiments, every of which Regiment shall consist of Five Hundred Troopers besides Officers, and be divided into Six Troops, whereof the Colonel's Troop shall consist of One Hundred Troopers besides Officers, and each of the other Five Troops of Fourscore Troopers apiece besides Officers: And it is further Ordained, by the said Lords and Com mons, That the Sum of Thirty Thousand Five Hundred and Four Pounds shall be raised and paid in Manner and Form as is hereafter mentioned, for the Maintenance and Payment of the said Army, being recruited, disposed, and regulated as aforesaid, the Train of Artillery, Reformado Officers, Intelligences, and other Charges incident to the said Army; and for Provision of Arms and Ammunition for the Kingdom, for the Space of Four Months, to commence from the 20th Day of March; One Thousand Six Hundred and Forty-three, accounting Twenty-eight Days to the Month; that is to say, the Sum of Two Thousand Pounds shall be Monthly paid out of the Monies that come in at Habberdashers Hall, upon the Twentieth Part, or otherwise, for the Time aforesaid; and that there shall be Monthly charged and levied, upon the Cities of London and Westminster, the Hamlets of The Tower, the Borough of Southwarke, and all other Parishes and Places within the Lines of Communication and Weekly (fn. 5) Bills of Mortality, the Sum of Six Thousand Nine Hundred Sixty-two Pounds, Four Shillings; upon the County of Midlesex without the said Limits, the Sum of One Thousand Fourscore and Seventeen Pounds, Eleven Shillings; and that the Sum of Twenty Thousand Four Hundred Forty and Four Pounds, Five Shillings, being the Residue of the said Sum of Thirty Thousand Five Hundred and Four Pounds, shall be Monthly paid out of the Excise, for the Time aforesaid, whereof Eighteen Thousand Nine Hundred and Forty Pounds and Five Shillings shall be for Payment of the said Army; and One Thousand Five Hundred and Four Pounds, being the Residue of the said Sum, shall be employed for the Provision of the Arms and Ammunition for the Kingdom; and this Ordinance shall be a sufficient Warrant, as well to the Committee at Habberdashers Hall as to the Commissioners of Excise, to pay unto Sir Gilbert Gerrard Baronet, Treasurer at War, the said several Sums of Money, and to advance the same by Way of Loan, and to pay themselves again out of the growing Profits thereof: And that the said several Sums of Money may be duly raised, levied, and paid, as hereafter is directed, be it further Ordained, by the said Lords and Commons, That the Persons hereafter named shall be Committees for the Cities, County, and Places aforesaid; that is to say, for the City of London and the Liberties thereof, the Lord Mayor and Aldermen only, and such as they shall nominate; and the Lord Mayor and Aldermen of London, and Six such Persons of every of the Sub-committees for the Militia, within the Lines of Communication and Weekly Bills of Mortality, as the said several and respective Committees shall nominate and appoint for this Service; and the former Committees named in the Ordinance for the last Two Months Assessment for the City of Westminster, Borough of Southwark, Hamlets of The Tower, and other Places within the Line of Communication and Weekly Bills of Mortality, without the City of London and Liberties thereof, shall be Committees for the City of Westminster, Borough of Southwark, Hamlets of The Tower, and the other Places aforesaid, without the City of London and the Liberties thereof; and for the County of Middlesex without the Limits aforesaid, Sir Henry Vane Knight, Sir Gilbert Gerrard Baronet, Sir Edward Barkham Knight and Baronet, Sir Thomas Fowler Knight and Baronet, Sir Richard Sprignall Baronet, the Lieutenant of The Tower of London for the Time being, Sir John Danvers, Sir John Franklyn, Sir John Hepisley, Sir James Harrington, Sir William Roberts, Knights, Laurence Whittacre, John Huxley, Thomas Wilcox, John Morris, Richard Downton, John Browne Clerk of the Parliament, Justinian Paget, and Thomas Swallow, Esquires, shall be Committees; which said several and respective Committees of the several and respective Cities, County, and Places aforesaid, shall, within Two Days next ensuing the Publication hereof, meet together, at some convenient Place, in every of the said Cities, County, and Places, and afterwards Seven of them at the least shall, Twice in every Week at the least, meet at such convenient Places as they shall think fit, for the more speedy Execution of this Ordinance; and the said respective Committees are hereby required and authorized, at the Days and Places of their First Meetings, to divide and apportion the several Sums of Money, appointed by this Ordinance to be levied for the Maintenance of the said Army, upon the several and respective Wards, Divisions, Hundreds, Lathes, and Wapentakes, within the several Cities, County, and Places aforesaid, according to the usual Proportions and Divisions of Rates in the said Places; and likewise shall and may there agree to divide and sever themselves, for the better Execution of this Ordinance, into such Wards, Hundreds, Places, and Divisions, within their respective Cities, County, and Places, as to them shall seem expedient; and to take to their Assistance, for the more speedy Execution of the said Service in their several Divisions, such able and sufficient Persons as they shall think fit, and to assemble and meet as often as to them shall seem good; and forthwith the said Committees, or any Two or more of them respectively, are hereby authorized and required to direct their Warrants to such Number of Persons as they shall think fit, within their several and respective Divisions, to be Assessors of the said Rates; which said Persons are hereby authorized and required to assess all and every Person and Persons, having any Real or Personal Estate within the Limits, Circuits, and Bounds of their respective Divisions, according to the Rate and Proportion in this Ordinance mentioned.
And be it further Ordained, by the said Lords and Commons, That the several Sums of Money before mentioned, and all other Sums which shall be hereafter assessed or taken upon the several Cities, County, and Places aforesaid, shall be assessed and taken, both for Lands and Goods, upon such Persons and Estates, and in such Manner and Form, as is directed for the Weekly Assessment, in an Ordinance of Parliament of the Fourth Day of May last past, intituled, "An Ordinance of both Houses of Parliament, for the speedy raising and levying of Money, for the Maintenance of the Army raised by the Parliament, and other great Affairs of the Commonwealth, by a Weekly Assessment:" And to the End the said Rates be equally and indifferently assessed, and the Monies duly collected, and true Accompt thereof made, the said Assessors are hereby required, within Six Days after such Assessment made, to deliver Two Copies of their respective Assessments, fairly written and subscribed by them, unto the said respective Committees, or to any of them, whereof One to remain with the said Committee, and the other to be delivered to the Collectors, with Warrants to levy the said Monies; and the said several Committees, or any Two of them, are hereby respectively authorized, from Time to Time, to nominate One or more sufficient and honest Persons, in every Division or Allotment, to be Collectors of the said Monies so assessed and rated; which said Collectors are hereby authorized and required to collect the said Monies so assessed; and the said Committee, or any Six of them, are hereby authorized to allow and pay unto the said respective Collectors Two Pence in the Pound for their Pains in collecting the said Monies, and One Penny in the Pound to their Clerks for their Pains in fair-writing the said Assessment; and if any Person shall refuse or neglect to pay any Sum of Money whereat he shall be rated or assessed, that then it shall or may be lawful to and for the said Collectors, or any of them, to levy the Sum so assessed, by Distress and Sale of the Goods of such Persons so refusing or neglecting to pay, deducting the Sum assessed, and the reasonable Charges of distraining, and restore the Overplus to the Owner thereof; and to break open any House, Chest, Trunk, Box, or other Thing, wherein any such Goods are; and to call to their Assistance any of the Trained Bands, or any other Forces, within the Cities, County, and Places, where any Resistance shall be made, or any other Person or Persons whatsoever; which said Forces and Persons are hereby required to be aiding and assisting in the Premises, as they shall answer the contrary at their Perils; and if any Question or Difference happen upon the taking such Distress, between the Parties distrained and distraining, the same shall be ended and determined by the said Committees, or any Two of them; and the said several Committees, or any Two or more of them, are hereby authorized and required to use such other Ways or Means for the speedy levying of the said Assessments, as to them shall be thought fit; and if any Person or Persons shall purposely convey his or their Goods, or other Personal Estate, whereby the Sum of Money so assessed cannot be levied according to this Ordinance, then the said respective Committees, or any Two of them, are hereby authorized, by themselves or such other Persons as they shall appoint, to imprison the Persons, and to sequester the Estate, of every such Person, for the Advancement of the said Service; and the Tenants of all Houses and Lands which shall be rated by virtue of this Ordinance are hereby required and authorized to pay such Sums of Money as shall be rated upon every such House and Lands, and to deduct out of their Rents so much of the said Rates as, in respect of the Rents of every such House and Lands, the Landlords should or ought to pay or bear; and the Landlords, both mediate and immediate, according to their respective Interest, are hereby required to allow such Deductions and Payments, upon the Receipt of the Residue of their Rents, and to give Acquittances for the whole Rents as if no Deductions had been made; and if any Landlord shall refuse to make such Allowance or Deduction, or to give such Acquittances, then the respective Committees for the Sequestrations, in the Cities, County, and Places aforesaid, upon Proof thereof made before them, are hereby authorized, for every Time they shall so refuse, to seize and sequester, for the Service aforesaid, One full Half Year's Rent payable to such Persons so refusing, allowing out of the same the Sum of Money so paid by the Tenant as aforesaid; and if any Difference shall arise between Landlord and Tenant, or any other, concerning the said Rates, the said several Committees, or any Two of them in their several Divisions, have hereby Power to settle the same as they shall think fit; and the said Collectors, and every of them, are hereby required, from Time to Time, to pay such Sum and Sums of Money as shall be by them collected by virtue of this Ordinance, to the said Sir Gilbert Gerrard, Treasurer at Wars.
And be it further Ordained, That the several and respective Committees, in the several Cities, County, and Places aforesaid, shall and are hereby required, to cause One Month's Assessment, according to this Ordinance, to be assessed, levied, collected, and paid, unto the said Sir Gilbert Gerard, at or before the Seventeenth Day of April, One Thousand Six Hundred and Forty-four, which said Month's Assessment shall be reckoned as the First Month's Pay for the said Army, due out of the said Cities, County, and Places aforesaid, by virtue of this Ordinance; and the said several Committees are hereby required to take special Care, that the said Monthly Assessments be constantly levied, collected, and paid, to the said Sir Gilbert Gerard Treasurer at Wars, Once in every Month, after the said Seventeenth Day of April, during the Continuance of the Term mentioned in this Ordinance, accounting Twentyeight Days and no more to each Month.
And be it further Ordained, by the Lords and Commons, That Four fit and able Persons shall be elected, to be employed as Commissioners from both Houses of Parliament, and the said Cities and County aforesaid, to be constantly abiding in the said Army, which Persons shall be elected and nominated by the House of Commons; which said Commissioners, so appointed to attend the Army, shall have each of them the Sum of Twenty Shillings for every Day they shall attend the said Service, to be paid by the said Cities of London and Westminster, and the County of Middlesex, and Places aforesaid: And, to that Purpose, it is further Ordained, by the Lords and Commons, That the said several Committees hereby nominated, or any Six of them, in the respective Cities, County, and Places aforesaid, shall have Power, and are hereby authorized, to impose a Rate upon the said several and respective Cities, County, and Places aforesaid, for the Payment of the said Allowance of Twenty Shillings by the Day to the said Commissioners, to be assessed, levied, and collected, as the other Assessment in this Ordinance mentioned is to be assessed, levied, and collected.
And be it further Ordained, That the Commissioners appointed to reside in the Army shall take special Care, that they keep constant Correspondence with the Two Houses of Parliament, or with such as they shall nominate, and with the respective Committees of the respective Cities, County, and Places aforesaid; and that they take such Course, that no Commander or Officer shall receive any Pay, but such as duly attend their Charge; and it is desired, that the said Earl of Essex do admit to his Council, for the Purposes aforesaid, the said Commissioners residing in his Army, to advise with them, and arm them with Power to view and examine the Musters of the said Army, and to take such Course as shall be thought most fit for the preventing of dead Payments, false Musters, free Quartering without Warrants, plundering, seizing of Horses, selling, spoiling, or embezzling of Horses or Arms, and for the avoiding of any other Misdemeanor which may turn to the Prejudice of the Commonwealth; and that the said Commissioners shall, once in Fifteen Days, certify the State of the Army, and give an Account of their Proceedings, unto the Parliament, or to such Committees as they shall appoint for that Purpose; and shall likewise certify what further Instructions shall be agreed upon by the Council of War, touching the same; and whereas, since the Beginning of this War, great and unnecessary Waste hath been made of Horses and Arms, by the Negligence and Abuse of Soldiers, whereby the Kingdom will become unable to continue Tillage, and to recruit the Armies, unless some speedy Provision be made to prevent the same; be it further Ordained, That the Captains both of Horse and Foot, out of the Pay due to themselves and their Company, are to make good all the Horses and Horse-arms, and Foot-arms, that shall be lost and embezzled by them, or any under their Command, unless they can make it appear that they were lost in Service against the Enemy; provided, that no Officer shall be obliged to make good the Arms or Horse of any Soldiers that shall run away from their Colours, if the said Officers shall, within Twentyfour Hours after the Departure of such Soldier, give Notice thereof to the Commissioners residing in the Army, to the End speedy Course may be taken for their Apprehending and Punishment.
And be it further Ordained, by the said Lords and Commons, That if any Person or Persons shall wilfully neglect or refuse to perform his Duty, in the due and speedy Execution of this present Ordinance, the said respective Committees, or any Five of them, have hereby Power to impose upon such Person or Persons, so refusing or neglecting their Duties, such Fine or Fines as to them shall be thought fit, and cause the same to be levied by Distress and Sale of Goods, in Manner and Form aforesaid: Provided, That no Fine to be imposed upon any of the said Committees shall not for any One Offence exceed the Sum of Forty Shillings; and that no Fine to be imposed upon any Assessor, Collector, or other Person, to be employed by the said Committees in the said Service, shall for any Offence exceed the Sum of Forty Shillings; and that no Privileged Place or Person, within the Cities, County, and Places aforesaid, shall be exempted from the said Assessments and Taxes.
"And be it further Ordained, That the said several and respective Committees, and every of them, shall from Time to Time give a true and perfect Account of all their Doings and Proceedings, in the Execution of this Ordinance, to the Two Houses of Parliament, or to such Persons as they shall appoint.
And it is further Ordained, That if any Person or Persons shall buy, or take to pawn, or receive, any of the Arms, or Horse, belonging to any common Soldier, or Officer under the Degree of a Cornet or Ensign, that such Person or Persons shall forfeit such Arms and Horse, and Treble the Value of such Arms and Horse, and shall be imprisoned by the Space of Twenty-eight Days, without Bail or Mainprize; and the Lord General is hereby enabled, by himself or such as he shall appoint, if it be within the Quarters of his Army, and the Deputy Lieutenants and Justices of the Peace, and Committees of Parliament, or any One of them, in their respective Limits, shall have Power, and are hereby authorized, to examine the Fact, and upon Proof thereof to see this Clause duly executed.
"And it is further Ordained, by the said Lords and Commons, That every Captain both of Horse and Foot, and every other inferior and superior Officer, or other in the said Army, whose Pay comes to Ten Shillings a Day or above, shall take but Half the Pay due to him, and shall respite the other Half upon the Public Faith until these unnatural Wars be ended; and every Officer or other, that is to have Five Shillings a Day or above, and under Ten Shillings, shall accept of Two Thirds of the Pay due to him, and shall respite One Third Part upon the Public Faith, until these unnatural Wars shall be ended; and when there is Three Months Pay due to any of them, or more, a Certificate thereof from the said Earl shall be sufficient to demand the said Monies owing upon the Public Faith as aforesaid.
"And it is Ordained, That the Lord General be desired, and the said Commissioners are hereby required and enjoined, to see the Articles touching the Mustering and Payment of the Army, and concerning Horse, Arms, and Ammunition, and all such further Directions as from Time to Time, concerning the Army and the Affairs thereof, shall be recommended to their Care by One or either House of Parliament, be duly observed; and to take Care that the Country be not charged with free Quarter.
"And whereas the Army now under the immediate Command of the Lord General doth consist of many more Regiments both of Horse and Foot, and consequently of more Officers, than can have Employment, as the Army is to be reduced by this Ordinance; by Means whereof, divers Commanders and Officers, who are very worthy and desirous of the Service, cannot at present have Employment according to their Qualities, for whose Suport and Maintenance some competent Provision is to be made until there shall be Places and Employments for them: It is therefore Ordained and Declared, by the Lords and Commons in Parliament, and the Lord General is hereby authorized to entertain such and so many of the said Officers as by the Lord General shall be thought fit, and shall be by this Occasion out of Employment, into the Condition of Reformado Officers, and shall form them under Command into Two Troops of Horse, not exceeding One Hundred in each Troop besides Officers, in Augmentation of the Lord General's own Regiment; which Officers, so formed, and attending the Service, shall have such Entertainments, and in such Manner, as is hereafter expressed; that is to say, the said Officers respectively, according to the Quality of their late Employments, shall each of them respectively be paid from Time to Time, as the rest of the Army is paid, One Fourth Part of his Personal Entertainment, according to the List or Establishment of the Army, over and besides the ordinary Pay of Troopers, Harquebussiers; and One other Fourth Part of his Personal Entertainment, according to the said List and Establishment of the Army, shall be respited upon the Public Faith until these unnatural Wars be ended.
"Lastly, be it Ordained and Declared, by the Authority aforesaid, That this Army under the immediate Command of the Lord General the Earl of Essex shall be subject to the Orders and Directions of both Houses of Parliament, or the Committee of both Kingdoms, according to the Ordinance that doth establish that Committee: Provided always, That such Rates and Assessments as shall be made, by virtue of this Ordinance, upon any Members, Assistants, or Attendants upon either of the Houses of Parliament, shall, before the same be levied, be presented to the respective Houses, whose Members, Assistants, or Attendants, shall be concerned therein respectively, and by such respective House allowed and approved of; any Thing in this Ordinance to the contrary notwithstanding.