Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 6 die Augusti.
Answer from the H. C.
Ordinance for appointing the Commissioners of the Navy.
The Earl of Warwicke reported the Ordinance concerning the Commissioners of the Navy, which they think (fn. 1) fit to pass, with some Alterations; which being read, were Agreed to; and the Concurrence of the House of Commons desired therein.
Pierce to be sent up from Plymouth, concerning his Complaint against Opie.
"Whereas this Committee hath thought fit to send for Mr. Opie, of Plymouth, to attend them, to answer his Contempt in the Matter of John (fn. 2) Pierce; and whereas the said Peirce is sued by Mr. Opie, at Plymouth, to an Execution; the Earl of Warwicke is desired to represent the said Business to the House of Peers, and to move their Lordships to give Order for Peirce's coming up to London, that so both Parties may be heard before this Committee touching the said Matter."
Letter of Credence for Dr. Walker, to the President of the Council at Brussells.
"Whereas, on the Desire of Doctor Walker, Agent for the Parliament in Flanders, a Letter is prepared, to be signed by the Speakers of both Houses, and directed to the Lord Rosa, President of the Council at the Council of Bruxells: Ordered, That the Earl of Warwicke be desired to present the same to the House of Peers to be signed by their Speaker, if their Lordships shall so please."
Capt. Brown to continue Commander of The Leopard.
"Whereas the Leopard is near ready to go out to Sea; and for that about Two Months only of her Time will be within the Employment of the Summer Guard, and the Remainder will fall within the Winter Service; and forasmuch as the Parliament hath declared their Approbation of the Captain thereof only as to the Summer Guard: Ordered, That Captain John Bowen, now Captain of The Leopard, be presented from this Committee to both Houses of Parliament, for their approving him to continue that Command, as well during the next Winter's, as the Remainder of this present Summer's Expedition."
Field and Wills to be Officers of the Admiralty of Cornwall.
"On Recommendation given to this Committee, by Mr. John St. Aubyn Vice-Admiral of the South Part of Cornwall, of Henry Wills Gentleman, to be Judge of the Vice Admiralty of Cornwall; and of Henry Field Gentleman, to be Register thereof: Ordered, That the said Mr. Wills and Mr. Field be presented to both Houses of Parliament, for their approving of them to perform the said respective Places, that, after such Approbation signified, they may be admitted thereunto accordingly, by Warrant from this Committee."
Report of the Conference on the Ordinance for the Election of Elders.
The Speaker reported the Conference with the House of Commons Yesterday, concerning the Alterations in the Ordinance concerning the Election of Elders: "And the House of Commons agrees to all the Alterations, excepting that concerning the Chapels of the Peers, because it will exempt them from the Jurisdiction."
The House taking this into Consideration; Resolved, To leave out that Alteration; and, instead thereof, to add a new Clause, which was Agreed to, and Ordered to be sent to the House of Commons, for their Concurrence.
Message to the H. C. about the following Particulars.
Die Martis, 5 Augusti, 1645.
Paper from Ireland, desiring their Supplies may be sent over in Cloth and other Commodities.
"Ordered, That the Paper given into this Committee, by the Gentlemen of Ireland, concerning the carrying over of Cloth, &c. in Lieu of the Money that was to go over thither with the Commissioners, be reported to both Houses:
"Whereas the whole Sum of Money designed for Payment of the Brittish Forces in Ireland cannot be gotten in any reasonable Time, for to answer the Service there; we are humbly of Opinion, that the Remain, which cannot be had in Money, is much better to be sent away in Broad Cloth, and other serviceable Commodities there, which Mr. Davies will furnish presently, than if it be left behind the Commissioners; which we, out of our Desire to promote the Service, do humbly offer to the Consideration of the Committee of both Kingdoms.
Sent to the H. C.
Ordered, That this Report be communicated to the House of Commons, by the Message that [ (fn. 3) now is sent] down.
Capt. Awdley committed, for allowing the Passage in Britannicus, reflecting on the King.
This (fn. 4) Day Captain Audley was brought to the Bar, for allowing of the last Week's Brittanicus; who confessed he allowed it, but found Fault to the Author of the Clause concerning the King's Person; and he and the Printer promised him to put it out.
Needham the Author to be attached.
Hereupon it is Ordered, That the said Captain Awdley shall be committed to the Prison of The Gatehouse, during the Pleasure of this House; and that Mr. Needham, the Author of the said Book, shall be attached, and brought before this House, to answer the same.
"The Condition of the abovesaid Recognizances is, That the abovesaid John Griffith Esquire shall be of the good Behaviour, and appear before the Lords in Parliament upon Warning given him from this House."
Lucier, Spanish Ambassador's Servant, a Pass.
Baker versus Barnadiston.
Staveley & Uxor.
Upon reading the Petition of Lucy, Wife of Arthur Staveley Esquire; and the Affidavit of Thomas Cheshire, Citizen and Cutler of London, "That he did deliver to "Arthur Staveley a true Copy of the Order of this House, for paying the Petitioner Alimony; and shewed him an Assignment, under the Hand of his Wife, whereby the Deponent was authorized to rereive the Money payable to her by Direction of the said Order, and demanded Payment thereof accordingly; but the said Arthur Stavely would not pay any Money at all:" And (fn. 5) he further saith, "That, on Midsummer-day last, and on the 14th Day after, he waited at The Chapel of the Rolls until after Sunsetting, with a Letter of Attorney under the said Mrs. Stavely's Hand and Seal, whereby the gave him Power to receive of (fn. 6) him, by virtue of a Decree of this House, dated the 20th of February last, and several other Orders in that Behalf; but the said Mr. Stavely neither paid nor tendered the said Money, or any Part thereof."
Message from the H. C. for a Conference about a Paper from the Scots Commissioners, concerning Peace;
To desire a Conference, so soon as may stand with their Lordships Conveniency, touching a Paper sent to their Lordships, received from the Scottch Commissioners, and afterward sent to them, concerning a safe and wellgrounded Peace.
and to expedite an Ordinance.
That this House will give a present Conference, in the Painted Chamber, as is desired; and concerning the Committees of the Eastern Association, this House will send an Answer by Messengers of their own.
Message from the H. C. for a Conference about the Isle of Ely.
Message from the H. C. with Ordinances.
2. An Ordinance concerning the Horse Forces of Kent to be employed (fn. 7) for the reducing of the County of South'ton. (Here enter it.)
Sir E. Leech's Petition, about the Committees of Stafford.
Upon reading the Petition of Sir Edward Leech: (Here enter the Petition.) It is Ordered, That the Cause shall be heard the 20th of October next; and that the Parties shall bring in their Charge against him Fourteen Days before into this House.
Message from the H. C. to sit a while;
and about the Impeachment against the E. of Stamford, & al.
Message from the H. C. to authorize a Committee to appoint Convoys to give and receive Intelligence.
To desire their Lordships Concurrence in an Order, That One Lord and Two Commoners of the Committee of both Kingdoms, joining with the Scotch Commissioners, may have Power to appoint Convoys, to give and receive Intelligence, and to make Reports to the Houses. This to continue for One Month."
Message from the H. C. with Ordinances.
Barbier, E. of Bolingbrook's Servant, a Pass.
Answer from the H. C.
Report of the Conference on the Paper from the Scots Commissioners, about a Peace.
The Speaker reported the Effect of the late Conference; which was, "That the House of Commons taking into Consideration the Paper from the Scotts Commissioners concerning Peace, they resolving the good Condition that the Parliament Forces are now in shall not make them further off from desiring a safe and well-grounded Peace; and because there hath been such ill Success in the Manner of the late Treaties, they have made certain Votes, wherein their Lordships Concurrence is desired; (videlicet,)
Votes of the H. C. concerning Propositions for a Peace.
Message to the H. C. that the Lords agree to them.
Order for 5000 l. towards reducing Oxford, &c.
"Be it Ordained, by the Lords and Commons in Parliament, That the Commissioners of Excise or new Impost, or any other Person or Persons, that shall advance the Sum of Five Thousand Pounds, or any Part thereof, to be employed for the Service of reducing Oxford, and for the Preservation and Advantage of the Garrison of Abbingdon, and do pay the same to the Committee of (fn. 8) the Three Counties of Berks, Bucks, and Oxon, the Receipt of any Three of them (whereof One to be of each County) shall be a sufficient Discharge to the said Commissioners of Excise, or any Persons lending the said Five Thousand Pounds, or any Part thereof, shall be paid and reimbursed, out of the Receipts of the Excise or new Impost, after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof shall be advanced, before it become due in Course after the Assignments formerly made; and this Ordinance shall be a sufficient Warrant unto the said Commissioners, for Reimbursement of the said Principal and Interest unto themselves if they shall lend the same, or for the Payment thereof unto any other Person or Persons who shall advance or lend all or any Part of the Five Thousand Pounds aforesaid."
Order for the Horse and Dragoons raised in Kent, to be employed for reducing Hampshire.
"Be it Ordained, by the Lords and Commons in Parliament assembled, That the Horse and Dragoons appointed to be raised, in the County of Kent, by virtue of the Ordinance of Parliament of the 18th of July, 1645, for Relief of the Counties of Oxon, Bucks, Berks, and Southampton, shall be employed for the Service of reducing the said County of Southampton to the Obedience of the Parliament; and shall be duly paid, by the Committee of the County of Southampton, during the Time they shall continue in Service in the same County."
Sir E. Leech's Petition, about the Charge of Partiality against him, by the Committees of Stafford, in the E. of Denbigh's Complaint against them.
"That whereas, by a former Petition, he did appeal to your Lordships Justice, for Reparation against a false Accusation exhibited against him to your Lordships, by Edward Broughton, John Swinsen, Henry Stone, Thomas Pudsey, and John Symcox.
"With which Order some of them being served, they put in a Petition to your Lordships, the 18th of the same July; and therein desired Sixteen Days further Respite, which are now passed; but have not hitherto expressed what those Things are, whereof they have accused the Petitioner.
"Therefore the Petitioner humbly prays, that your Lordships will appoint a Day to hear the said Cause; and that they (fn. 9) may (some Time before) deliver in the Particulars of his Accusation.
Order for 2000 l. to Mr. Parker, advanced for Ireland.
"Whereas, in Pursuance of the Resolution and Order of the House of Commons, of the 28th Day of July last (upon the Proposition of Mr. John Davys), That the Credit of Excise should be engaged for the Sum of Five Thousand Pounds, for the Relief of Ireland, Mr. John Parker, of London, Merchant, hath advanced and paid, for the present Relief of Munster, unto Nicholas Loftus Esquire, Deputy Treasurer at Wars for Ireland, to be by him paid over unto Thomas Bettsworth Gentleman, Agent for that Province, the Sum of Two Thousand Pounds, by Way of Loan: It is now Ordained, by the Lords and Commons in this present Parliament assembled, That the Commissioners of Excise and new Impost, by Ordinance of the 11th of September, 1643, be hereby authorized and required to pay the said Sum of Two Thousand Pounds, out of those Receipts of Excise and new Impost, with Interest for the same, from the Date hereof, during the Time it shall be forborn, after the Rate of Eight Pounds per Centum for a Year, unto the said Mr. John Parker or his Assigns, in due Course and Order, after former Assignments and Orders made on those Receipts shall be paid and satisfied; and this Ordinance, with the Acquittance of the said Mr. John Parker or his Assigns authorized thereunto, testifying the Receipt thereof, shall be to those Commissioners, and every of them, a sufficient Discharge in this Behalf."
Order for 2000 l. to Mr. Bard, advanced for Ireland.
"Whereas, in Pursuance of the Resolution and Order of the House of Commons, of the 28th Day of July last (upon the Proposition of Mr. John Davis), That the Credit of the Excise should be engaged, for the Sum of Five Thousand Pounds, for the Relief of Ireland, Mr. Maxamilian Bard, of London, hath advanced and paid, for the present Relief of Munster, unto Nicholas Loftus Esquire, Deputy Treasurer at Wars for Ireland, to be by him paid over unto Mr. Thomas Bettesworth, Agent for that Province, the Sum of Two Thousand Pounds, by Way of Loan: It is now Ordained, by the Lords and Commons in this present Parliament assembled, That the Commissioners of Excise and new Impost, by Ordinance of the 11th of September, 1643, be hereby authorized and required to pay the said Sum of Two Thousand Pounds, out of those Receipts of Excise and new Impost, with Interest for the same, from the Date hereof, during the Time it shall be forborn, after the Rate of Eight Pounds per Cent. for a Year, unto the said Mr. Maxamilian Bard, or his Assigns, in due Course and Order, next after former Assignments and Orders made on those Receipts shall be paid and satisfied; and this Ordinance, with the Acquittance of the said Mr. Maxamilian Bard, or his Assigns authorized thereunto, testifying the Receipt thereof, shall be to those Commissioners, and every of them, a sufficient Discharge in this Behalf."
Order for 1000 l. to Mr. Brown, advanced for Ireland.
"Whereas, in Pursuance of the Resolution and Order of the House of Commons, the 28th of July last (upon the Proposition of Mr. John Davys), That the Credit of Excise should be engaged for the Sum of Five Thousand Pounds, for the Relief of Ireland, Mr. Thomas Browne, of London, hath ad vanced and paid, for the present Relief of Munster, unto Nicholas Loftus Esquire, Deputy Treasurer at Wars for Ireland, to be by him paid over unto Thomas Bettesworth Gentleman, Agent for that Province, the Sum of One Thousand Pounds, by Way of Loan: It is now Ordained, by the Lords and Commons in this present Parliament assembled, That the Commissioners of the Excise and new Impost, by Ordinance of the 11th of September, 1643, be hereby authorized and required to pay the said Sum of One Thousand Pounds, out of those Receipts of Excise and new Impost, with Interest for the same, from the Date hereof, during the Time it shall be forborn, after the Rate of Eight Pounds per Cent: for a Year, unto the said Mr. Thomas Browne, or his Assigns, in due Course and Order, next after former Assignments and Orders made on those Receipts shall be paid and satisfied; and this Ordinance, with the Acquittance of the said Mr. Thomas Browne, or his Assigns authorized thereunto, testifying the Receipt thereof, shall be to those Commissioners, and every of them, a sufficient Discharge in this Behalf."
Letter of Credence for Dr. Walker, to the President of the Council at Brussels.
"Cum spectatissimus Vir, Doctor Gualterus Walker, quem Commercii Causa restituendi in Flandriam nuper ablegavimus, nobis significaverit, quam favorabiliter a vestra Nobilissima Dominatione habeatur; vestramque Prudentiam, Integritatem, atque in hanc Nationem Benevolentiam, plurimum suis deprædicaverit Literis; non possumus, quin Excellentissimæ vestræ Dominationi his summas agamus Gratias; enixeque rogamus, ut Negotia, quæ dictus Walkerus illis in Locis conficienda habet, À nobis commissa, (ablatâ Morâ) amicâ vestrâ Ope benevolâque Operâ expediantur; adeo ut, administratâ debitâ Justitiâ, vestrum nostræ Memoriæ Nomen Honosque infixum maneat; id enim et Illustrissimâ vestrâ Dominatione erit dignissimum, & nostris ipsorum Animls gratissimum; qui ut omnia vobis vicissim gratificandi Officia præstemus semper studebimus.
Ordinance to raise 2800 l. a Month in Lincolnshire, till Newark and Belvoir are reduced.
"Whereas the County of Lincolne hath raised a considerable Number of Horse, Foot, and Dragoons, for their necessary Defence, and must be at a great Charge in maintaining the same and their Garrisons, and in providing other Things requisite for the Defence and Safety of the said County; and, without the raising of Monies to defray the Charge, the County cannot be preserved in such Safety as is necessary: It is therefore Ordained, by the Lords and Commons in Parliament assembled, and by Authority of the same, That, for the Intents and Purposes aforesaid, there shall be Monthly charged, rated, taxed, and levied, upon the said County, from the First of July last, the Sum of Two Thousand Eight Hundred Pounds, until the First of January next (if in the mean Time the Two Garrisons of Newarke and Belvoir shall not be reduced to the Obedience of the King and Parliament): And be it further Ordained, That every Person and Persons within the said County, that were, or ought to be, assessed or taxed, by virtue of an Ordinance of Parliament, intituled, "An Ordinance for raising and maintaining of Forces, for the Defence of the Kingdom, under the Command of Sir Thomas Fairefax Knight," shall be assessed and taxed by this present Ordinance, in the same Manner as they are, or ought to be, assessed and taxed by virtue of the forementioned Ordinance; and shall be liable to as great Forfeitures and Penalties, for not paying, assessing, or rating, the Sum or Sums to be assessed upon them, as they should or might have been assessed, if the same had been assessed by the beforementioned Ordinance; and the Persons or Committees named in the said Ordinance, together with Edmond Ellis, William Oldfield, James Harrington, Arthur Samuell, Thomas Williamson, John Welthorp, Humsrey Walcott, Thomas Copledick, William Lister, Edmond Nelthorpe, and Richard Williamson, Esquires, James Trolope, Michaell Muckton, Gentlemen, Francis Fisher, Barnaby Bowtell, Esquires, William Thompson, Richard Filkin, William Davison, John Disney, Richard Bryan, John Wincopp, and Nehemiah Rawson, Gentlemen, are, by virtue hereof, added to them, for the assessing, collecting, and levying, of the said Monies, in the said County, are named and trusted in this Ordinance, and have as full Power and Authority given them, by this Ordinance, to nominate and appoint Collectors and Assessors, and to levy, distrain, fine, and imprison, and sequester, as they, or any of them, have by virtue of the said last mentioned Ordinance; and if any Person or Persons shall find him or themselves aggrieved at any Assessment made by virtue of this Ordinance, and shall make their Complaint unto any Three or more of the Committee before whom the Assessment was allowed, that then the said Committee, or any Three or more of them, shall have Power hereby to (fn. 10) do Justice therein, according to the true Intent of this Ordinance; and the said Collectors shall pay the several Sums by them collected and levied, unto William Bury Gentleman, Treasurer, who is to issue forth the same for the Use and Service of the said County, by the Vote of the major Part of the said Deputy Lieutenants, or any Three of them present, and by their Order, in Pursuance thereof, under their Hands, and not otherwise: And it is further Ordained, That Three Pence Half-penny in the Pound shall be allowed for every Sum of Money which shall be collected and paid, whereof One Penny shall be for the several Collectors, Two Pence for the said Treasurer, and One Half-penny for the Clerks Pains; and the Treasurer aforesaid shall keep a Register-book of the several Sums received and paid out by him; and the said Committees, or any Three of them, shall have hereby Power and Authority given them, to call all Treasurers, Collectors, and others, that have, or any Time shall be thought to have, any of the said Monies in their Hands, to an Accompt; and if any of them shall refuse to accompt, or to pay in the Monies wherewith they are charged, that the said Committees, or any Three of them, shall fine them Double the Sum charged upon them; which if if it be not paid within Six Days after the same is set, and Notice thereof left at his or their Dwelling-house, it shall be lawful to and for the said Committee to issue their Warrants, to distrain for the same; and, if there be not sufficient Distress wherewith to satisfy, then the said Committees may imprison the Offender herein, and sequester his Estate, until the Money charged and the Fine set be levied and paid; and in case the said Treasurers and Collectors shall refuse or neglect to levy or receive the Sums of Money to be assessed and set by virtue of this Ordinance, it shall be lawful for the said Committee, or any Three of them, to fine the said Treasurer or Collectors, not exceeding the Sum of Twenty Pounds, and to levy the same by Way of Distress and Sale of their Goods, or by Imprisonment, as they shall think fit: And it is further Ordained, That the Deputy Lieutenants and Committees of the said Counties, or any Five or more of them, Three whereof to be Deputy Lieutenants, shall be a Standing and Constant Committee, in the said County, who shall have hereby Power to put in Execution all former Ordinances whatsoever heretofore made, touching the Affairs of that County, according to the said Ordinances, as if they had been particularly named in the said Ordinances: And for the better effecting of the Premises, the said Deputy Lieutenants and Committee, or any Five of them as aforesaid, shall be resident in some convenient Place within the said County, [ (fn. 11) and shall have Power to adjourn themselves from Time to Time, and from Place to Place, within the said County,] as they shall think fit; and after Five or more of them shall have set Fourteen Days, then the minor Part of the said Committee to be free, and they to send for so many other in their Stead, and the major Part there still to remain other Fourteen Days, and then they also to be free, sending for Three others; and so to change the Committee successively, during the Troubles, or till further Order be taken, giving Notice from Time to Time to them which are to succeed Six Days before they are to make their Appearance at their appointed Place; and such as fail according to Notice, their Names to be certified to the House of Commons, by the Residue of the Committee then upon the Place: And it is further Ordered, That the said Committee shall have Power to call to an Account all such Soldiers, whether Troopers or others, as shall any Way causelessly or negligently lose or embezzle any Horse or Arms committed unto them, not being lost in Services, and to deduct out of their Pay so much as the said Horse or Arms shall amount unto: And lastly it is Ordered, That the said Standing Committee shall have, and be allowed, Five Shillings per Diem apiece, towards their necessary Charges: Provided always, That this present Tax and Levy shall not extend to the Inhabitants or Towns or Places of Mablethorpe, Winthorne cum Staine, Streeby cum Woodthorpe, and Maltby, in respect of their great Loss lately sustained by the Sea."