House of Lords Journal Volume 7: 3 September 1645

DIE Mercurii, 3 die Septembris.

PRAYERS, by Mr. Valentine.

Ds. Grey de Warke, Speaker.

The Lord North reported a Paper from the Committee of the Admiralty; which was read, as follows:

"Die Sabbati, 30 Aug. 1645.

Free Trade to be considered.

"At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

"Ordered, That Report be made to both Houses, from this Committee, That they conceive it would be a good Service to the Public, to give a speedy Resolution in the Matter of Free Trade; divers Things being now before this Committee, which depend upon the Parliament's Resolution in that Matter;

"Ordered, That, upon this Occasion, the Committee for Foreign (fn. 1) Affairs do meet, and take into Consideration this Report, and the Report from the Committee of both Kingdoms concerning Free Trade, and do therein what shall appertain to that Business, and report the same to this House; and the Concurrence of the House of Commons desired herein."

Letter to be written to Sir T. Fairfax, to prevent his receiving any Deserters from Col. Massey.

The Lord Robertes reported from the Committee of the West, "That they desire a Letter may be written to Sir Thomas Fairefax, representing the great Inconveniency that hath and will daily grow, by entertaining into his Army any of the Soldiers belonging properly to Colonel Massey, who are apt daily to run from him, notwithstanding their best Endeavour to pay him; and to desire that Sir Tho. Fairefax will in the future take effectual Course, and give Command to the contrary."

This House approved of this Report; and accordingly a Letter was presently drawn, read, and approved of, and Ordered to be sent to the House of Commons, for their Concurrence.

Ordinance concerning Wives, &c. of Delinquents.

The Ordinance was read, concerning the Wives and Children of such as are Delinquents, and allowing them a Fifth Part.

Capt. Axtell's Petition, to be freed from an Arrest.

Upon reading the Petition of Tho. Axtell, Captain; complaining, "That he being commanded by the Earl of Essex to go from Teverton, into Wales, and there served under Major General Langhaun, who commanded him to conduct a Prisoner to the Parliament; and, since his coming here, was arrested upon a Bill of Midd. and committed to Newgate."

It is Ordered, That the said Axtell shall be brought to this House To-morrow Morning, and the Party at whose Suit he was arrested shall be then present; and then this House will give further Directions in this Business.

Message to the H. C. about the following Particular.

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

1. To desire their Concurrence in the Letter to be sent to Sir Tho. Fairefax.

2. To desire their Concurrence in the referring the Papers concerning Free Trade to the Committee for Foreign Affairs.

Papers from Ld. Wharton in Scotland.

A Letter, directed to the Speaker of this House, was read, written from the Lord Wharton; also divers other Papers were read, concerning the Affairs of Scotland.

(Here enter them.)

Declaration to be drawn, that the E. of Carlisle is cleared from his Delinquency.

The House being informed, "That the King hath put a new Governor into the Island of St. Christopher's, belonging to the Earl of Carlile; the Inhabitants there do look upon his Lordship as a Person sequestered by the Parliament, whereby his Lordship suffers much."

Hereupon it is Ordered, That a Declaration be drawn up, to certify that his Lordship's Sequestration is taken off, and that he stands right in the Judgement of this House.

Wheeler versus Chapman and Lane, about Monies deposited in the Court of Requests.

Upon reading the Petition of Abraham Wheeler; shewing, "That Joseph Balls and he are agreed, and the Monies formerly paid into the Court of Request are to be paid by Agreement to the Petitioner; but Mr. Chapman, late Register of that Court, hath been served with the Order of this House, and refuseth to yield Obedience thereunto; and that Mrs. Lane, Executrix to Wm. Lane, hath been served with the said Order, but puts it off as a Thing she is ignorant of, and marvels Mr. Chapman should put it upon her."

Hereupon this House Ordered, That the said Mr. Chapman and Mrs. Lane shall have Notice to appear before this House, on Tuesday come Fortnight, and shew Cause why they do not pay the Money formerly deposited in the Court of Requests, according to the Order of this House; and the same Time the Petitioner likewise shall be heard.

Ordinance for the Committee of both Kingdoms to grant Commissions of Martial Law.

Next, the Ordinance brought Yesterday from the House of Commons, to give Power to the Committee of both Kingdoms to grant Commissions of Martial Law to such Places and Counties as shall be desired by the Committees of the Associations, &c. was read.

Answer from the H. C.

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

That they will send an Answer by Messengers of their own.

The Lords went to the Conference; and the House was adjourned during Pleasure.

The House being resumed;

Report of the Conference, about the Ordinance for selling Delinquents Estates.

The Speaker reported the Effect of the said Conference: "That they sent up an Ordinance for selling of Delinquents Estates, which is of great Importance, and have sent up several Messages to put their Lordships in Mind of it; but, hearing nothing from their Lordships, they have desired this Conference, to let their Lordships know of the Necessity of raising great Supplies of Monies; and there is no other Way, because the Excise is anticipated, and His Majesty is advanced towards Bristoll, and the Forces as are marched out of Lyncolneshire cannot be kept together without Supplies of Monies; and there being no other Means left for raising Supplies, they desire their Lordships would pass the said Ordinance."

Ordered, That the said Ordinance for selling of Delinquents Estates shall be considered of To-morrow Morning; and the Lords absent are to have Notice, to be present To-morrow.

Ordinance to continue Mr. Stephens Sheriff of Gloucester.

An Ordinance was presented to the House, for continuing Tho. Stephens Esquire to be High Sheriff for the County of Gloucester, which was read Thrice, and approved of; and Ordered to be sent to the House of Commons, for their Concurrence.

Letter from L. Howard at Berwick, with a Paper from some of the Scots Commissioners there.

"For the Right Honourable the Lord Grey of Warke, Speaker to the House of Peers pro Tempore. These.

"May it please your Lordships,

"We have endeavoured by all possible Ways and Means to get a Committee together, that so we might proceed in their Affairs we have in Charge (as you may perceive by the Copies here inclosed of several Letters for that End). Yesterday the Lord Chancellor, Marquis of Argile, the Earl of Crawford, and Lanricke, and Mr. Robert Meldrum, came unto us, and declared that those appointed by the Parliament to treat with us were so severed by the late sad Accident, and the Distractions of the Country necessarily requiring the Presence of some of them, that they could not possibly for the present procure a Committee to meet; but they would endeavour it all they could, and did hope in a few Days to accomplish it. The Chancellor was pleased to tell us, that the Necessity of their Affairs required his speedy Repair to the nearest Part of their Army; and that it was thought fit by the Committee of Estates he should go to their main Army, and from thence to the Parliament; and withall desired that (fn. 2) we would represent unto the Houses and our particular Friends their present Desire and Necessity of a Conjunction of Arms and Councils, in this Time of imminent Danger; and though we did not meet as Committees, because they could not make up their Number, nor had we Instructions concerning this Business, it was very earnestly pressed that some Use might be made of this Meeting, and that what they thought might help them in this great Necessity should be represented to the Consideration of both Houses; and, lest any Mistake should arise, it was, after some Discourse, thought fit by them, ( (fn. 3) only by Way of Memorial, and not as a formal Paper) to set it down in Writing, which we send here inclosed as we receive it from them, that so the House may be the better prepared to give Dispatch unto the Lord Chancellor, when he shall make his Address to them.

"Mountrosse hath raised a Sum of Money in Glascoe, and lies with the Main of his Army about Hamilton. His Horse are about Lithcoe, and some of his Scouts near Edinburgh. The Magistrates of the Town have delivered the Earl of Crawford and Ogleby unto him; and it is feared that the rest of the Prisoners there may follow. We resolve to stay here till we (fn. 4) hear whether a Committee can possibly be got together or no; and expect to receive your Lordships further Order, for Liberty to treat at Barwick, or such other Place as may be found most convenient. I rest

Barwick, 27th August, 1645.

"Your Lordships humble Servant,

"Ph. Wharton."

Paper from some of the Scots Commissioners in the North, desiring Assistance against the M. of Montrose.

"The present Posture of our Affaires here requires Assistance and Forces from England, for repressinge the Rebells and their Adherents, as common Enemyes to both Kingdomes and the Cause wherein wee are engaged; for which End, the Committee of Estates have directed the Lord Chauncellor speedily to repaire to our Scotts Army and the Honnorable Houses of the Parliament of England; and beinge most desireous, according to the mutuall Interest and Obligations of both Kingdomes, that the Warrs may bee carryed on by the joynt Counsells and Forces of both, it is desired that your Lordships, and those noble Gentlemen employed from the Houses of Parliament as Commissioners to this Kingdome, would concurre with us, for procureing our just Demaund, and for the greatest Expedition; the Forces of the Northerne Association under the Commaund of Colonel Generall Poines and Colonel Rossiter may march presently hither, with the Forces now commaunded by Leiuetenant Generall Lesly; and our Forces now aboute Hereford may march, for supplying and secureing these Northerne Countyes, and opposeinge the Attempts of the Enemy there; for the better effectuating hereof (which cannott admitt Delay), that you would bee pleased to send One of your Number to your Northerne Forces, and the Houses of Parliament, who will more fully represent the Necessity hereof then can bee done by Paper."

Letter from the Committee of Parliament at Barwick to L. Lauderdale, to know the Condition of his Army in Scotland.

"My Lord,

"Upon our Arrival at Barwick this Evening, we met with a Letter directed to us, bearing Date 4th August present, from the Parliament of Scotland, intimating their Desires, that we should stay at Barwick; and that they would either send a Committee to meet us there, or appoint some other Place where their Committee and we might meet and treat; and being informed by Mr. Thompson of the late unhappy Accident in Scotland, and that your Lordship being at Tantallon is the nearest; we have thought fit to address ourselves to your Lordship, to desire certain Intelligence of the Condition of Affairs with your Army there; and your Lordship's Advice, where we may have a Meeting with the Committee appointed to treat with us; which is all we have at present, save to assure your Lordship we are,

"My Lord,

Barwick, Aug. 16th, 1645.

Your Lordship's

"Very affectionate Friends and Servants,

"P. W. H. V.

"W. A. T. H. R. G.

"For the Lord Lauderdaile, at Tantalon."

Letter from the L. Chancellor of Scotland & al. to the Committee at Berwick, that they will send Commissioners there.

"My Lord and Gentlemen,

"Wee have seene your Letter to the Lord Chauncellor, desireinge a Meetinge, and are very sorry it hath bin delayed soe longe; but seeing wee neither have a Quorum of those appointed by the Parliament to treate with you, nor yet the Commission giveinge them Power, wee must intreate your Patience for some few Dayes; in the meane Tyme, wee have sent for the Persons and the Commission; and as soone as they come (which shal bee with all Dilligence), you shal bee advertised by

"Your very affectionate Freinds and Servaunts.

"To the Right Honnorable Phillip Lord Wharton, Sir H. Vane, Sir Will'm Armyne, Tho. Hatcher, and Robert Goodwin, Esquires. These, at Barwick.

"A Coppy of a Letter from the Lord Chauncellor M. of Argile, the Earles of Crawford and Lanerick, and Mr. Robert Meldrum."

Right Honourable,

Letter from the Committee at Berwick, to hasten the coming of the Commissioners.

"Upon the Receipt of your Lordships of this Instant, we perceive you have sent for the Persons that are to meet with us, and the Commission by which they have Power; but finding therein no Time or Place appointed, we earnestly desire, seeing so many of your Lordships are here together, that a Certainty in both may be condescended upon, for the speedy Dispatch of such Things as we have in Command, for the Good and Service of both Kingdoms; and so we rest

"Your Lordships Very affectionate Friends and Servants.

"For the Right Honourable the Earl of Lowthen Chancellor, M. of Argile, Earls of Crawford and Lennerick, and Mr. Rob't Meldrum. These, from the English Commissioners."

"Die Mercurii, 3 Sept. 1645.

Ordinance to raise Monies in the Eastern Association, including the Counties of Essex, Suffolk, Norfolk, &c. for Defence of the Garrisons there.

"An Ordinance of the Lords and Commons assembled in Parliament, for the Maintenance and Pay of the Garrisons of Newport Pagnel, Bedford, Lyn Regis, and other Garrisons in the Eastern Association.

"Whereas, by a former Ordinance, made in or about the Eighteenth of December, 1643, it was Provided and Ordained, That the Town of Newport Pagnell, in the County of Buckingham, should be fortified, and the Garrison there maintained, at the Charges of several Counties near adjoining; but no Provision is thereby made for the Garrisons of Bedford, in the County of Bedford; of Huntington, in the County of Huntington; of the Castle of Cambridge, in the County of Cambridge; or Lyn Regis, in the County of Norfolk; and at present there is no Provision or Maintenance made for the said last recited Garrisons:

"The Lords and Commons in Parliament assembled, taking into their serious Consideration how the said Garrisons may for the Time to come be maintained, and have constant Pay provided for the Officers and Soldiers of the said Garrisons, have Ordered, and be it by Authority of Parliament Ordained, That the said Ordinance, made in or about the 18th of December, 1643, for the maintaining the said Garrison of Newport Pagnell, be repealed, and made void, from the First Day of June, in the Year of our Lord God 1645: And the said Lords and Commons do further Declare and Ordain, That, for the maintaining the said Garrisons of Newport Pagnell, Bedford, Huntington, Castle at Cambridge, and Lyn Regis, from the said First Day of June, 1645, there shall be Monthly raised, within all the Counties, Cities, and Places hereafter named, the Monthly Sum of Three Thousand Seven Hundred Forty and Six Pounds, the same to be assessed, raised, and levied, within the said Counties and Cities respectively, in Manner and Form following; videlicet,

"In the County of Bedford, the Monthly Sum of One Hundred Seventy-three Pounds, and Three Pence.

"In the County of Hertford, the Monthly Sum of Two Hundred Ninety-seven Pounds, Sixteen Shillings, and a Penny.

"In the County of Cambridge, the Monthly Sum of Two Hundred Forty-five Pounds, Six Shillings, and Eight Pence.

"In the Isle of Ely, the Monthly Sum of Ninety Pounds, seventeen Shillings, and Eleven Pence.

"In the County of Huntington, the Monthly Sum of One Hundred Thirty-nine Pounds, Sixteen Shillings, and Seven Pence.

"In the County of Norfolk, the Monthly Sum of Eight Hundred Sixty-six Pounds, Nineteen Shillings, and Five Pence.

"In the County of Suffolk, the Monthly Sum of Eight Hundred and Fifteen Pounds, Eleven Shillings, and Nine Pence.

"In the County of Essex, the Monthly Sum of Seven Hundred and Fourteen Pounds, Four Shillings, and Seven Pence.

"In the County of the City of Norwich, the Monthly Sum of One Hundred Pounds, Thirteen Shillings, and Seven Pence.

"In the County of Northampton, the Monthly Sum of Two Hundred Pounds.

"In the County of Buckingham, the Monthly Sum of Eighty Pounds:

"And it is also Ordained, That the First Month and Time of Payment shall begin, and be accounted, from the First Day of June, in the Year of our Lord 1645; and to continue for the Space of One whole Year next after the First of June last past.

"And it is further Ordained, by the said Lords and Commons, That the several Lords Lieutenants of the respective Counties of the Eastern Association shall be, and are hereby appointed to be, of the Committee of the said Association; and that the several Sums of Money Monthly raised within the said Counties shall be employed and disposed of, for the Maintenance and Pay of such and so many Officers, within the said several Garrisons, as by the said Committee for the Eastern Association shall be nominated and appointed; and also for the Maintenance of the several Soldiers within the said several Garrisons, as hereafter followeth; videlicet,

"At Newport Pagnell, Eight Hundred Foot and One Hundred and Twenty Horse; at the Town of Bedford, Eighty Foot and Forty Dragoons; at the Town of Huntington, Eighty Foot and Forty Dragoons; at the Castle of Cambridge, One Hundred and Twenty Foot and Ten Horse; which said Horse (fn. 5) are to be ordered and directed by the said Committee of the Eastern Association; at the Town of Lyn Regis, One Thousand Foot, whereof Three Hundred are to be sent to Baston, for the better securing of that Garrison, as they shall be ordered and directed by both Houses of Parliament, or the Committee of both Kingdoms, or by the said Committee of the House of Commons for the Eastern Association.

"And be it further Ordained, That the said Committee for the said Eastern Association shall and may, from Time to Time, nominate and appoint such Person and Persons, to be Treasurer and Treasurers, for the receiving and paying such Sums of Money, to be raised within the said Counties as abovesaid, as they shall think fit; and that the several Collectors and other Persons, within the said several Counties, do pay all Monies by them received, and to be received and collected by virtue of this Ordinance, to such Treasurer or Treasurers, so to be named and appointed as aforesaid.

"And be it further Ordained and Declared, That all the Sums of Money to be assessed and raised by virtue of this Ordinance shall be wholly employed in the maintaining and paying the Officers and Soldiers of the said Garrisons, and in and about the said Garrisons, and necessary Preservation of them, and to no other Use whatsoever; and that the said Treasurer and Treasurers shall issue forth and pay no Sum of Money but for the Uses and Intents aforesaid, and that by Warrant and Order in Writing to be, from Time to Time, had and made from the said Committee for the Eastern Association, under Five or more of their Hands; which said Committee are to issue forth no Order or Warrant, but for the Uses and Intents aforesaid, other than in Allowances of necessary Fees and Charges to Treasurers, Collectors, and other Persons employed in the collecting, raising, and paying of the said Monies; which said Treasurers, Collectors, and other Persons, are to have no greater Fees or Allowances than is allowed to the Treasurers, Collectors, and other Persons appointed for the collecting the several Sums of Money raised by the several Ordinances of Parliament for the Payment of Sir Thomas Fairfaxe's Army.

"And it is further Ordained, by the Authority aforesaid, That, for the assessing, levying, and raising, the several Monthly Sums aforesaid, upon the several Counties aforesaid, the Committees, or any Three or more (fn. 6) of them, of the several Counties of Norfolk, Suffolk, Essex, Cambridge, Isle of Ely, Huntington, Northampton, Bedford, Buckingham, and City of Norwich, respectively, already established and appointed by Parliament, for the assessing, raising, and levying, the several Sums of Money, for the Payment of the Army under the Command of Sir Thomas Fairfax, shall and may have Power to nominate Assessors, Collectors, and other Officers and Persons, for the assessing, raising, collecting, and levying, the Monthly Sums of Money, within the said several Counties, Cities, and Places; and shall have Power to assess, tax, raise, collect, and levy, the said several Sums of Money, within the said respective Counties, with the best Equality they may, upon each Parish, Township, or Place, within the said several Counties; and shall and may send forth their Warrants to the High Constables, or such other Persons as they, or any Three of them, shall think fitting, for the rating, assessing, and collecting, of the several Sums taxed or rated upon the said several Parishes, Townships, and Places; which Sums, so rated and taxed, to be raised by Distress and Sale of the Goods of all and singular such Persons as shall refuse or neglect, after lawful Demand, to pay their Proportions so rated upon them by Warrant under the Hand of any Two or more of the said Committees respectively; and if any Person shall find himself grieved by any such Tax, that such Person, upon Complaint to the said Committees, or any Two of them respectively, if they shall think fit, shall be relieved in such Sort as they, or any Two of them respectively, shall find reasonable, provided that such Complaint be made within Six Days after Notice of his said Tax; and if any Person or Persons, within the said respective Counties, which, by virtue of this Ordinance, shall be rated to pay any Sum or Sums of Money, shall obstinately refuse to pay the same, and if no Goods of such Person or Persons can be found whereby he may be distrained for Payment thereof, that then it shall be lawful to and for the said Committees, or any Three or more of them respectively, to cause such Person, not being a Peer of this Realm, or Assistant of the House of Peers, so refusing or neglecting, to be imprisoned, and there to be detained and kept, until he or they shall pay their said Rates and Taxes.

"And it is further Ordained, That for the better raising of the said several Sums of Money within the said several Counties, that all Person and Persons, Bodies Politic and Corporate, all Manors, Lands, Tenements, Rents, and Hereditaments, Goods, and Chattels whatsoever, within the said Counties, that are liable and chargeable with the Taxes and Payment of any Money, for the Payment of the said Army under Sir Tho. Fairfax within the said Counties, are and shall be liable to the Payment of the said several Sums to be raised by virtue of this Ordinance; and the said Committees of the said several Counties, or any Three or more of them, shall and may do and execute all such Power and Authority, for the raising of the said several Sums of Money, to be raised within the said Counties, by virtue of this Ordinance, as to them, or any Three of them, is given by virtue of the said Ordinances for the Payment of the Army under the Command of Sir Tho. Fairfax, upon all Persons, not being a Peer of this Realm, or Assistant of the House of Peers; and shall and may give such Allowance and Allowances to Officers, and fine and imprison, except as aforesaid, such as shall neglect or refuse their several Duties and Offices, in such Sort and Manner as in and by the said Ordinance for the Payment of Sir Tho. Fairfaxe's Army is appointed.

"And it is further Ordered and Declared, That all Sum and Sums of Money not yet assessed, collected, or paid, from the several Counties named in and by the said Ordinance, made in or about the 18th of December, 1643, for the erecting and maintaining of the Garrison of Newport Pagnell, until the said First Day of June, 1645, shall and may be forthwith assessed, collected, and paid, in such Manner, and by such Person and Persons, as in and by this Ordinance is appointed and declared, unto the said Treasurer and Treasurers, to be appointed by virtue of this present Ordinance; which said Sums of Money shall be paid and disposed, for the Payment and Discharge of the Billet and Quarter due by the Officers and Soldiers of Newport Pagnell, unto the Inhabitants of Newport Pagnell, and Three Hundreds of Newport, and other Towns and Places near adjoining; and, after such Quarter and Billet first paid, then the Remainder and Overplus (if any be) to such Person and Persons as by the said Committee for the Eastern Association shall be appointed and declared.

"And it is further Ordained and Declared, That the said Committee for the Eastern Association shall and may, from Time to Time, cause Musters to be taken, within the said Garrisons, so often as they shall hold sitting; and that they shall and may nominate and appoint such Person and Persons as they please, to take such Musters.

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

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

Adjourn.

House adjourned till 9^a cras.