House of Lords Journal Volume 7: 2 July 1645

Die Mercurii, 2 die Julii.

Prayers, by

Ds. Grey de Warke, Speaker.

Dr. Burges and Antrobus.

Ordered, That the Cause between Doctor Burges and Mr. Antrobus shall be heard, by Counsel on both Sides, on Friday Morning next.

Answer from the H. C.

Doctor Aylett and Doctor Heath return with this Answer to the Message sent Yesterday to the House of Commons:

That they agree to the Alterations in the Ordinance concerning Surrey. (Here enter them.)

2. They agree to the Alterations in the Ordinance concerning the raising of Twenty Thousand Pounds, for the reducing of Oxford.

3. As concerning the Servant of the Spanish Ambassador, they will send an Answer by Messengers of their own.

Grove and Mills.

Ordered, That the Cause between Grove and Mylls shall be heard To-morrow Sevennight.

Sir J. Corbett and the E. of Bridgewater.

Ordered, That the Cause of Sir John Corbett, against the Earl of Bridgwater, shall be heard, at this Bar, this Day Month.

Holt, E. of Pembroke's Servant, arrested.

Upon reading the Petition of Edward Holt, Servant to the Earl of Pembrooke; complaining, "That Richard Draper hath arrested the Petitioner, at his Suit; and one Michell, a Sheriff's Bailiff, who arrested (fn. 1) him, slighted the Warrant under his Lordship's Hand for his Protection."

Mitchell and Draper sent for.

It is Ordered, That the said Michell and Draper shall appear before this House forthwith, to answer the same.

Spanish Ambassador desires an Answer about the Releasement of his Interpreter.

The House was informed, "That the Spanish Ambassador desires to have an Answer from the Houses concerning his Servant, who is this Day to be tried at the Sessions."

And it is Ordered, To send to the House of Commons, to acquaint them with this further Address of the Spanish Ambassador: Which was done, by a Message to the House of Commons, by Mr. Doctor Aylett and Mr. Doctor Heath; (videlicet),

Message to the H. C. about it.

"The Spanish Ambassador hath made a further Address this Day to the House of Peers, to desire that his Servant Lusher may be restored unto him; the Ambassador engaging his Honour, that the said Lusher shall be sent out of the King's Dominions within Ten Days, and that he shall not return into any of the King's Dominions again; which their Lordships are the rather inclined unto, in regard that the said Ambassador hath shewed himself very respectful to the Parliament on several Occasions.

"The Lords desire the Concurrence of the House of Commons herein."

Message from thence, to continue the Commissioners of the Great Seal;

A Message was brought from the House of Commons, by Sir Henry Mildmay:

To desire their Lordships Concurrence, for the continuing of the Commissioners of the Great Seal for Six Months longer.

for the Master of the Rolls to hear Causes in Chancery;

2. To desire Concurrence, that the Master of the Rolls (fn. 2) may have a Commission, for hearing of Causes in the Chancery.

and to sit a while.

3. To desire their Lordships would please to fit a while.

The Answer returned was:

Answer.

That this House (fn. 3) agrees in all the Particulars of this Message.

Answer from the H. C.

Doctor Aylett and Doctor Heath returned with Answer from the House of Commons:

That they agree with their Lordships in the Business concerning the Spanish Ambassador's Servant.

Letters taken at Naseby.

The Letters brought up Yesterday from the House of Commons, which were taken at Naseby, were read, and Ordered to be transmitted to the Committee appointed to consider of those Letters; and all the Lords Committees are to be present this Afternoon.

Watts, for having a Counterfeit Protection of the E. of Northumberland's.

This Day John Watts was at this Bar, and demanded by the Speaker, "Whether he had any Protection from any Peer of this House?" To which he answered, "That he had a Paper from one Richards, which cost him Thirteen Shillings and Six Pence."

Richards and Winn sent for.

And it appearing to this House, that it was a Counterfeit Protection, in the Name of the Earl of Northumb. It is Ordered, That the said Richards, who is now in the Custody of the Keeper of Peter House, and Wynn, who hath another Counterfeit Protection, shall be brought before this House on Friday Morning next.

"Die Martis, 1 Julii, 1645.

(fn. 4) "An Ordinance of the Lords and Commons assembled in Parliament, for putting the County of Surrey into a Posture of Defence, by the better regulating of the Trained Bands, and raising other Forces of Horse and Foot, for the Preservation and Safety of the said County, and the Pay of such Foot as shall belong to the Garrison of Farnham Castle.

Ordinance to put the County of Surrey in a Posture of Defence.

"The Lords and Commons assembled in Parliament, taking into their serious Considerations the Necessity that all the Counties of this Kingdom, and Dominion of Wales, in this Time of imminent Danger, should put themselves into a Posture of Defence, by raising of Forces, both of Horse and Foot, for the necessary Defence and Safety of their Counties, from the Incursion of those raised against the Parliament, which daily plunder and spoil in all Parts where they come; and finding that the County of Surrey hath not as yet been put into such a Posture of Defence as was expected, by reason of Differences which have there arisen, by reason of One Ordinance of Parliament for the said County, bearing Date the Seven and Twentieth of July, One Thousand Six Hundred Forty and Three, which was then passed upon a present Occasion of Danger that would not admit of a long Debate, as by the Preamble of the said Ordinance doth and may appear.

"Now, for the better settling of the said County, and the enabling them fully to put themselves into a Posture of Defence, it is thought fit, and so Ordained and Declared, That the Militia of the said County shall be hereafter regulated and executed according to the Tenor of this present Ordinance, and in no other Manner.

"Be it therefore Ordained and Declared, by the Lords and Commons assembled in Parliament, and by the Authority of the same, That, for the Intents and Purposes beforementioned, the County of Surrey shall forthwith be put into a Posture of Defence, and shall raise Forces of Horse and Foot, for the Defence of the said County, in Manner and Form following in this Ordinance expressed, and no otherwise; and that the Lord Lieutenant, or, in his Absence, the Deputy Lieutenants of the said County, or any Two or more of them, shall forthwith, after Notice or Receipt of this Ordinance, issue out their Warrants to the Constables and Headboroughs of the several Parishes, or to any Two or more of the most able and fitting Persons of the Parishes, within every respective Hundred or Division, thereby requiring them, at certain Times and Places prefixt, to deliver to them a List or Schedule of the Names of all Persons, within their several and respective Parishes, from the Age of Sixteen to Sixty (being of Ability of Body), and of all other Persons whatsoever, worth One Hundred Pounds or more in Lands or Goods; and of all Horses and Mares above Four Years of Age, and the Names of the Owners; and of all Arms, Guns, and other useful Weapons for the War, with the Names of the Owners of them, except such Men and Arms as are now, or shall be hereafter, listed in the Trained Bands and Trained Troops; and that the said Lord Lieutenant, or, in his Absence, the Deputy Lieutenants, or any Two or more of them, shall hereby have Power to charge the said Parties with Horse and Arms; so as no Person be charged with a Harquebussier, or Light-horse, unless he hath One Hundred Pounds per Annum in Lands, or be worth One Thousand Two Hundred Pounds in Goods and Lands; nor with a Dragoon, unless he be worth Four Hundred Pounds in Goods, or Forty Pounds per Annum in Lands; nor with a whole Foot Arms, unless he be worth One Hundred Pounds in Goods, or Fifteen Pounds per Annum in Lands.

"And be it further Ordained, That all Persons wellaffected, being charged and listed to serve as aforesaid, or the major Part of them, shall, within their several and respective Divisions, forthwith, and so from Time to Time, as Cause shall be, propound and nominate Colonels, Lieutenant Colonels, Serjeant Majors, and Captains over them, being Men of Ability, and Men well-affected and found faithful from the Beginning of these Troubles; which said Officers, being approved and allowed of by the Lord Lieutenant, or, in his Absence, by the Deputy Lieutenants, or any Two or more of them, within the said County, shall have Commissions accordingly from the said Lord Lieutenant of the said County.

"And be it further Ordained, That all and every Person and Persons whatsoever, which shall, by virtue of this Ordinance, be charged to provide Horse or Arms as aforesaid, shall, every Month after they are so charged, pay to the Treasurer appointed by the Lord Lieutenant, or, in his Absence, by the Deputy Lieutenants, or any Two or more of them, for the said County, the several Sums of Money following; videlicet, for every Horseman Twelve Pence, for every Footman Six Pence, towards the providing of Trumpets, Drums, Colours, and other Charges incident to the said Service. And be it also Ordained, by the Authority aforesaid, That it shall and may be lawful for the Lord Lieutenant, or, in his Absence, for the Deputy Lieutenants of the said County of Surrey, or for any Two or more of them, within the said County, from Time to Time, so long as the said Service shall continue, by Warrant under their Hands and Seals, to be directed unto the se veral and respective High Constables of the Hundreds within their several Divisions of the said County, to assess and tax, by indifferent Rates, upon the Inhabitants of the said County, so much Money as shall be requisite for the Payment of such experienced Majors, Lieutenants, or other inferior Officers, as shall be necessary for the said Service, to be allowed of as aforesaid; and they shall be paid, according to the Establishment of Sir Thomas Fairfax's Army, whilst they are in Service, and a Moiety of their Half-pay when they lye still; as likewise for the other Officers and Soldiers Pay, when they are in Service, according to the Pay of Horse and Foot in the said Army, and not above; and for such other Charges as will be incident and necessary for the said Service: And if any Part of the County shall perform Service, and any other Part shall not bring up their Proportion of Men, then that Part shall be inforced, as is hereafter prescribed, by the Lord Lieutenant, or, in his Absence, by the Deputy Lieutenants, or any Two or more of them, to pay for such Soldiers as they shall be defective in, to make all Parts equal in Charge.

"Provided always, That this extraordinary Charge and Imposition of Arms do not continue any longer than during this Time of imminent Danger; and that it shall be no Precedent for the Future.

"Provided also, That no Peer of this Realm, nor any Assistant or Officer of the House of Peers, or their menial Servants, or any Member or Officer of the House of Commons, or their menial Servants, be charged by this Ordinance; but that it be left to his or their good Affection what they will do in this Service.

"Provided also, That if any Person or Persons whatsoever shall be overcharged by the Deputy Lieutenants, or any Two of them, of the said County, that then the Lord Lieutenant of the said County shall hereby have Power to ease such Person or Persons overcharged, as in his Discretion he shall think fit; and if any Officer or Soldier of the Trained Bands or Troops, or of any other Forces of Horse or Foot, to be raised at any Time hereafter in the said County by virtue of this Ordinance, shall refuse or neglect, upon Summons, according to this Ordinance of Parliament, to attend their Charges and Duties, in their several and respective Charges and Places, to appear with their Horse and Arms, or to send some other Man with their Horse and Arms as they are or shall be charged withall, every such Defaulter, for every such Offence, shall be fined by the said Lord Lieutenant, or, in his Absence, the Deputy Lieutenants, or any Two or more of them, not exceeding the Sum of Ten Pounds, and imprisoned till the said Fine be paid; and if any Person or Persons, who, by any former Ordinance of Parliament, may be impressed, have been, or hereafter shall be, charged by the Lord Lieutenant, by the Deputy Lieutenants, or any Two or more of them, to serve in the Arms of any Person or Persons charged as aforesaid to find Arms or Horse, do or shall refuse or neglect to appear at Musters, or to serve upon such; or in such Arms; he or they, so refusing or neglecting, shall, by the said Lord Lieutenant, or, in his Absence, by the Deputy Lieutenants, or any Two or more of them, be fined, not exceeding the Sum of Forty Shillings, and imprisoned till the said Fine be paid, and the said Person or Persons so refusing have conformed themselves unto the said Service.

"And it is Ordained, That the Lord Lieutenant, or, in his Absence, the Deputy Lieutenants, or any Two or more of them, of the said County, may imprison all such as shall be mutinous, or Disturbers of the Peace, and may fine them, not exceeding the Sum of Five Pounds; and that it shall be lawful for the said Lord Lieutenant, or, in his Absence, the Deputy Lieutenants, or any Three of them, to draw together the Troops and Companies, which are raised, or shall be raised, by virtue of this Ordinance, or any Part of them, and lead, by themselves, or by such as the Lord Lieutenant, or, in his Absence, any Three or more of the Deputy Lieutenants, shall appoint, into any Part of the said County, and with them to oppose, resist, kill, and slay, all such as in any hostile Manner declare themselves as Enemies to the King and Parliament; and that it shall and may be lawful for the said Lord Lieutenant, or, in his Absence, for the Deputy Lieutenants, or any One of them, in the said County, to charge Carts, Carriages, and Horses, for the necessary Service of the Parliament, allowing for every Cart with Five Horses Twelve Pence per Mile outward only, and so rateably for more or fewer Horses, and for every single Horse after the Rate of Two Pence per Mile outward only; and in Case any shall refuse, upon reasonable Notice, to provide their Carts, Carriages, and Horses, to be made Use of for the Service aforesaid, it shall be lawful for the said Lord Lieutenant, or, in his Absence, for the Deputy Lieutenants, or any Two of them, to imprison the Owners of the said Carts, Carriages, and Horses, or to impose a Fine upon them, not exceeding the Sum of Ten Pounds.

"And it is Ordained, That the Petty Constables and Overseers of the Poor of the several Parishes within the said County, and such other Persons as shall be nominated by the Lord Lieutenant, or, in his Absence, by the Deputy Lieutenants of the said County, or any Two or more of them, shall be the Collectors of all Sums of Money as shall, by virtue of this Ordinance, be imposed or set upon any Person or Persons within the said Parishes; which said Sums of Money, so to be set and collected as aforesaid, shall be paid unto the High Constables of the several Hundreds within the said County, and in Corporations to the Mayor or other Head Officers of the said Corporations, who shall receive and pay over the said Sums to such Treasurer or Treasurers as shall be appointed in the several Divisions by the Lord Lieutenant, or, in his Absence, by the Deputy Lieutenants of the said County, or any Two or more of them, who are to issue forth the same, for the Use and Service of the said County, by the Lord Lieutenant, or, in his Absence, by the Vote of the major Part of the respective Deputy Lieutenants of the said County present at such Meetings, as shall be appointed for that Purpose, and by their Order, in Pursuance thereof, under their Hands, and not otherwise: And the said Treasurers are hereby required to keep a perfect Accompt of all such Monies as they shall receive and pay by virtue of this Ordinance, and to deliver Copies of the said Accompts unto the said Lord Lieutenant, or, in his Absence, to the Deputy Lieutenants, or any of them, of the said County; and the said Treasurers, for their Charge and Pains, shall be allowed Two Pence in the Pound for all such Sums of Money as they shall receive and issue forth by Authority as aforesaid: And if any Person or Persons, chargeable by this Ordinance, shall not, within Six Days after Demand or Notice to be left at their Dwelling-house, or usual Place of Abode, pay the Sum or Sums on him or them assessed or set as aforesaid, it shall be lawful for the said Collectors, or any One or more of them, to levy such Sum, by Way of Distress and Sale of the Goods of the Person and Persons so assessed or fined, rendering to the Party the Overplus of the said Sale, if any shall happen to be; and, in Case of Resistance, to call to their Assistance any of the Trained Bands or Companies of Volunteers, or other Forces of the said County, who are hereby required to be aiding and assisting to the Constables, or other Collectors, in the Premises, as they will answer the contrary; and if any Person or Persons, which shall be assessed or fined as aforesaid, having not sufficient Distress, or neglect to pay either their Assessment or Fine, to the Constables or other Collectors appointed, within Twelve Days after it shall be demanded, the Lord Lieutenant, or, in his Absence, the Deputy Lieutenants, or any Two or more of them, upon the Returns of the Names of such who shall refuse or neglect, shall charge the said Person or Persons with Double as much as he or they were assessed or fined; and if the said Persons shall refuse or neglect to pay the said Sum so doubled within other Twelve Days after it shall be demanded, that it shall be lawful for the said Lord Lieutenant, or, in his Absence, the Deputy Lieutenants of the said County, or any Two or more of them, to commit the said Person or Persons so refusing or neglecting to Prison; and in Case the said Treasurers, High Constables, Petty Constables, Overseers of the Poor, or other Collectors, to be nominated as aforesaid, shall refuse or neglect to levy and receive the Sums of Money to be assessed and set by virtue of this Ordinance, it shall be lawful for the said Lord Lieutenant, or, in his Absence, the Deputy Lieutenants, or any Two or more of them, of the said County, to fine the said Treasurers, High Constables, and Collectors, not exceeding the Sum of Twenty Pounds, to be levied upon them by such Person or Persons as shall be appointed by the said Lord Lieutenant, or, in his Absence, by the Deputy Lieutenants, or any Two or more of them, by Way of Distress and Sale of their Goods, rendering to the Party the Overplus of the said Sale, if any happen to be.

"Provided always, That the Forces raised by virtue of this Ordinance shall not be carried out of the said County without the Consent of the Lord Lieutenant, or, in his Absence, of the Deputy Lieutenants, or any Two or more of them.

"And it is further Ordered and Ordained, by the Authority aforesaid, That the Committees hereafter named, or any Three or more of them, and no other, shall have Power and Authority to rate and tax such Sums of Money upon the said County, as at some general Meeting of the said Committee shall be agreed to be fit and necessary, for the paying of such Officers and Soldiers of the Castle of Farnham, and the Garrison there, as likewise for the Troop of Horse which is now raised and maintained by the said County for the Defence thereof, and for such other Charges as shall be thought fit and necessary for the Defence and Safety of the said County, at some general Meeting of the said Committee; and the same to levy in such Manner as is appointed for the levying of Money for raising and maintaining of the Forces under the Command of Sir Thomas Fairfax, in the Ordinance for that Purpose; the said Committee to consist of these Persons, and no other, videlicet, Algernon Earl of Northumberland, Henry Earl of Kent, Charles Earl of Nottingham, William Lord Munson, Denzill Hollis Esquire, Benjamin Weston Esquire, John Glynn Esquire Recorder of London, Sir Ambrose Brown Baronet, Sir Poynings Moore Baronet, Sir Thomas Jervoice, Sir Richard Onslowe, Sir Thomas Walsingham, Sir John Dingley, Sir John Lenthall, Sir John Howland, Sir William Ellyot, Sir Richard Bettenson, Sir Matthew Brand, Sir Robert Parkhurst, Sir Robert Wood, Sir Robert Needum, and Sir John Evelyn, Knights, John Lisle, Nicholas Stoughton, George Farewell, Henry Tunstall, Arthur Onslow, Robert Goodwyn, George Evelyn of Wotton, Henry Weston, Thomas Sands, John Goodwyn, Edward Bish Junior, Henry Campion, Francis Drake, Robert Wood, John Farewell, Thomas Lock, John Cartwright, Edmund Jordan, Arthur Squibb, John Turner, Thomas Smith, Richard Brown, Esquires, Robert Houghton, Cornelius Cook, Richard Wright, George Snelling, Thomas Hudson, Henry Hardwick, Robert Holman, Sackford Gunson, Robert Purse, Robert Meade, Colonel Rowland Wilson, and James Shirley, Gentlemen.

"And it is likewise Ordered and Ordained, That there be Once in a Month a general Meeting of the said Committee, in some indifferent Place in the said County, to be appointed by the major Part of the said Committee; at which Meeting, the said Committee, or the major Part of them there assembled, are hereby required and authorized to appoint what shall be respectively acted and performed, and by whom, in the several Parts of the said County, as well for the executing of this Ordinance in what concerns them, as for the executing of all other Ordinances heretofore made, and yet in Force, to be executed in the said County; for the Execution whereof, in their several and respective Divisions, the Committees above named, or any Three or more of them, are hereby enabled and authorized.

"And it is further Ordered and Ordained, That there be an Account Monthly given to the said Committee, at their said general Meeting, of what shall be done therein, by the several and respective Committees, in their several and respective Divisions and Allotments.

"Die Martis, 1 Julii, 1645.

"Ordered, by the Lords and Commons assembled in Parliament, That this Ordinance be forthwith printed and published.

"H. Elsynge, Cler. Par. D. Com."