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 Lunæ, 13 die Octobris.
PRAYERS, by Mr. Connaught.
Ds. Grey de Warke, Speaker.
Col. Bradley and Prettyman & al.
Upon Report of Mr. Justice Reeves: It is Ordered, That the Business between Colonel John Bradley, and Prittyman, Baker, Jennings, and Saintbill, being Matter of Accompt, is referred to the Chancery, to be proceeded in there according to the usual Course of that Court.
Ordinances for Concurrence.
Next, the Ordinance for allowing Interest for the Ten Thousand Pounds charged upon the Receipt of the Excise, for the Forces against Chester, was read, and Agreed to. (Here enter it.)
The Ordinance for paying Five Hundred Pounds for Portsmouth Garrison, was read, and Agreed to. (Here enter it.)
Walsingham and Baker.
Upon reading the Petition of Sir Thomas Walsingham Knight, and Edward Pollhill; shewing, "That this House having given several Hearings, in the Cause against Sir John Baker Knight, and the Matter now reduced to the Point of Heir or not Heir, a Point which was at the last Hearing directed to be proved before this House; therefore the Petitioner desires, to prevent further Trouble, that it may be left and directed to a Trial at Law, as most proper; and prayeth and submitteth, that it be hence dismissed."
It is Ordered, That the said Sir John Baker shall have a Copy of this Petition, and Notice of it; and that, if he shew not Cause to this House by Saturday next to the contrary, that then the said Cause be dismissed this House.
Ordinance for 1000l. to poor Widows.
The Ordinance for issuing out One Thousand Pounds, out of Delinquents Compositions, for relieving poor Widows, was read, and Agreed to, with an Alteration of adding the Speaker of the Lords House to grant Warrants, as well as the Speaker of the House of Commons.
Heads to be prepared for a Conference, about permitting so many People to come from the King's Quarters.
And upon reading of this Ordinance: It is Ordered, To have a Conference with the House of Commons, that there be some Course taken, to prevent the Danger as may come to this Town, by the permitting so many Persons so frequently to come out of the King's Quarters, as well Papists as others, and the permitting them to go abroad.
And the Lord Robertes and the Lord North were appointed to draw up Heads for a Conference, and report the same to this House.
Ordinance to borrow 40,000l. for Sir T. Fairfax's Army.
The House was adjourned into a Committee of the whole House during Pleasure, to consider of the Ordinance for borrowing Forty Thousand Pounds, for the supplying of Sir Thomas Fairefax' Army.
The House being resumed;
The said Ordinance was reported as fit to pass, with the Alterations and Additions made by the Committee.
The said Alterations and Additions being read, this House approved of the Alterations and Additions, and passed the said Ordinance with the said Alterations and Additions; and Ordered to be sent to the House of Commons, for their Concurrence.
Message from the H. C. with Ordinances;
A Message was brought from the House of Commons, by Sir Rob't Pye Knight, &c.
To desire their (fn. 1) Lordships Concurrence in these Ordinances following:
1. An Ordinance for One Thousand Pounds for the Reformadoes.
2. An Ordinance to pay One Hundred Pounds to the Scout-master General.
3. An Ordinance to pay One Hundred Pounds to Colonel Parsons.
4. An Ordinance to pay One Hundred and Fifty-seven Pounds, Sixteen Shillings, to Colonel Birkheads.
5. An Ordinance for Two Thousand Pounds for the Isle of Ely.
6. An Ordinance to pay Five Hundred Pounds, with Interest, to Colonel Mitton, in Course.
and for a Conference about the E. of Stamford.
7. To desire a Conference, so soon as it may stand with their Lordships Conveniency, touching the Earl of Stamford's Business.
Ordered, To give a Conference To-morrow Morning, in the Painted Chamber, at Ten of the Clock.
The Answer returned was:
That this House will give a Conference with the House of Commons To-morrow Morning, at Ten of the Clock, in the Painted Chamber, concerning the Earl of Stamford's Business: To all the rest of the Particulars of this Message, this House will send an Answer by Messengers of their own.
Message from the H. C. for a Conference about an Answer to some Papers from the Scots Commissioners, and about some Letters from the North.
A Message was brought from the House of Commons, by Mr. Lisle, &c.
To desire a Conference, concerning an Answer to some Papers received from the Scotch Commissioners, and concerning some Letters they have received out of the North.
The House resolved to give them a Conference Tomorrow Morning, at Ten of the Clock.
The Answer returned was:
That this House will give a Conference To-morrow Morning, at Ten of the Clock, in the Painted Chamber, concerning the Particulars desired.
Puisne Judges Ordinance.
Next, the Ordinance for allowing the Puny Judges One Thousand Pounds per Annum, was read, and Agreed to. (Here enter it.)
Vote to prevent Peers from sitting, who refuse to take the Covenant, revoked.
The House commanded the Letter of the Earl of Lyncolne, presented to this House on Saturday last, to be read; and also the Message brought from the House of Commons the 10th August, 1644, and the Vote of this House thereupon, concerning the Peers of this House taking the Covenant.
And then the Lords took the whole Business into Consideration.
And after Debate;
It was Resolved, upon the Question, That the Vote now read, of the 10th of August, 1644, shall be revoked.
E. of Lincoln admitted to his Seat.
Upon this, the Earl of Lyncolne was called in, to take his Place in this House as a Peer.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:
That they will send an Answer by Messengers of their own to the Message sent on Saturday last.
Message to them, with the Ordinance to borrow 40,000l. for Sir T. Fairfax's Army.
A Message was sent to the House of Commons, by Mr. Serjeant Fynch and Mr. Page:
To desire their Concurrence in the Alterations and Additions in the Ordinance for borrowing of Forty Thousand Pounds, for the Supply of Sir Tho. Farefax' Army.
The Answer returned was:
That (fn. 2) they agree to the Alterations and Additions in the said Ordinance.
Ordinance to make Covent Garden Church Parcchial.
Ordered, That the Committee for the Ordinance concerning The Covent Garden Church shall meet Tomorrow in the Afternoon, at Three of the Clock.
Ordinance to allow Interest for the 10,000l. charged upon the Excise for the Forces against Chester.
"Whereas, by the Ordinance of the 23th September last, the Sum of Ten Thousand Pounds, with Interest, is appointed to be paid in Course, forth of the Receipts of the Excise, for the Use of the Forces employed against Chester: It is now Ordered and Ordained, by the Lords and Commons in Parliament assembled, That the several Persons shall be re-paid the several and respective Sums which they shall advance of the said Ten Thousand Pounds, at the Time formerly limited; but shall have their respective Interest paid unto them, by the Commissioners of Excise, at each Six Months End, until the whole Sum, with the remaining Interest, become payable as aforesaid; and the Commissioners of Excise are hereby required and authorized accordingly to make Payments of the same, any Thing in the former Ordinance contained to the contrary notwithstanding."
Ordinance for the Commissioners of Excise to re-pay themselves 500l. advanced for Portsmouth.
"Whereas, by Ordinance of both Houses of Parliament, dated the 24th of June last, 1645, Five Thousand Pounds is assigned to be paid unto Colonel Richard Norton, out of the Receipts of the Excise, in Course, towards the Payment of Two Hundred Pounds a Week, settled for the Maintenance of the Garrison of Portsmouth, and Southsea Castle; and whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise, have (beside what they have already lent) yet further advanced and lent Five Hundred Pounds more, in Part of the said Five Hundred Pounds, for the Service aforesaid: Be it Ordained, by the Lords and Commons in Parliament, That the said Commissioners of Excise may satisfy and reimburse themselves, and that their Executors, Administrators, or Assigns, shall and may be satisfied and reimbursed, the said Five Hundred Pounds, together with Interest for the same, after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts, by Ordinance of the 11th of September, 1643, as shall happen when other Assignments already made on those Receipts shall be first satisfied; and for Want of such Intervals, then as the same shall follow in Course; and that the said Five Hundred Pounds be paid unto the said Colonel, for the Use aforesaid; whose Receipt, or of his Assignee, shall be a sufficient Discharge unto the said Commissioners of Excise, and every of them, in that Behalf."
Order for 1000l. per Ann. to each of the Puisne Judges.
"Ordered, by the Lords and Commons assembled in Parliament, That the Allowance of One Thousand Pounds per Annum shall be allowed to each of the Puisne Judges of the several Courts of Record in Westm for their Maintenance and Support, in Lieu of all Payments and Allowances payable unto them from the Crown; and it is referred to the Committee of the Revenue, to consider how those Allowances may be duly and certainly paid them every Quarter; and to bring in some Course for the ascertaining and settling the said Allowances accordingly."
Ordinance to borrow 40,000l. for Sir T. Fairfax's Army.
"13 October, 1645.
(fn. 3) "An Ordinance of the Lords and Commons assembled in Parliament, for advancing, by Way of Loan, the Sum of Forty Thousand Pounds, for Payment of Sir Thomas Fairfax' Army.
"The Lords and Commons assembled in Parliament, finding the many Battles, Sieges, and other Services, performed by the Army under the Command of Sir Thomas Fairfax, and the necessary recruiting and supplying thereof at so great a Distance, hath occasioned a far greater Expence than was at first conceived; and also the great Advantages, which, through the Blessing of God, the Commonwealth hath received by the unwearied Endeavours of the said Army; do hold it necessary, that a considerable Sum of Money be forthwith advanced, for the Supply of the said Army, and defraying of the Charges incident thereunto, have Ordained, and do hereby Ordain, by Authority of Parliament, That the Sum of Forty Thousand Pounds shall be forthwith advanced, by Way of Loan, for the Intents and Purposes aforesaid, by and on such Persons of Ability as shall voluntarily, or by Assessment, lend the same, on the Security and Terms hereafter expressed: And in regard many Persons of Ability, through Disaffection or otherwise, have been slow in the like Services, tending to the Good and Preservation of the Public; it is therefore, by the said Lords and Commons, Ordained, for the more speedy and orderly raising of the said Sum of Forty Thousand Pounds, That the Committee appointed by several Acts of Common Council for gathering of the Arrears, or any Seven or more of them, shall be a Committee, to register and take the Subscriptions of all Persons that shall voluntarily lend and advance Monies as aforesaid; and to assess such Person or Persons as shall not, according to their Abilities, voluntarily and proportionably advance the same; and to assess such Part of the said Sum (as shall not be voluntarily advanced) on such Persons of Ability as they shall think fit, the same to be paid by the Persons respectively as shall so lend or pay the same unto Sir John Wollaston, and the rest of the Treasurers at War appointed by the Ordinance of the 29 of March last, at the Place of Receipts in Guildhall, London.
"And be it Ordained, by Authority aforesaid, That all and every Person or Persons, being assessed by virtue hereof, and neglecting or refusing to pay the said several Sums so assessed unto the said Treasurers at War, within Ten Days after Notice given or left at his or their usual Place of Abode, or at the Dwelling-house or Place of Abode of any Partner or Factor of the Person or Persons so assessed, inhabiting within or near the City of London, shall be, by virtue of a Warrant from the Committee of Lords and Commons appointed by the said Ordinance of Parliament of the 29 of March last past, who (or any Five of them, One thereof being a Peer, upon Consideration of every such Assessment) are hereby authorized to approve, increase, or moderate, every such Assessment, and thereupon to make and give Warrants to such Persons as shall be, by the Committee now appointed, nominated for that Purpose, compelled to pay the same, by Distress of the Goods and Chattels of such Person or Persons so refusing or neglecting to pay the same; which Goods, so distrained, shall be sold by such Persons as the said Committee shall appoint, for Satisfaction of the said Assessment; and the Surplusage, if any be, the said Assessment and Charges satisfied, be returned to the Party distrained.
"And if any Person shall neglect or refuse to pay the Sum assessed until a Distress be taken for the same, then that every Person or Persons so neglecting or refusing as aforesaid shall pay such reasonable Charge, for every such Distress, Removal, or Sale of his, her, or their Goods, as the said Committee (of Lords and Commons, or any Five of them, One thereof being a Peer), appointed by the Ordinance of the 29 of March, 1645, shall allow, to be employed for the better Execution of this Ordinance: And if no sufficient Distress can be had or taken of the Goods of the Persons that shall be assessed by virtue of this present Ordinance, then such Person or Persons shall be, by virtue of a Warrant from the Committee of Lords and Commons as aforesaid, who are hereby authorized to grant the same, (fn. 4) committed to safe Custody, there to remain until such Person or Persons shall satisfy the said Sum assessed upon them by virtue hereof; which Money, so brought into the Treasurers at War, shall be issued forth, by Warrant from the said Committee of Lords and Commons appointed by Ordinance of the 29 of March aforesaid, excepting what shall be, by Order of the Committee appointed by this present Ordinance, deducted for Payment of Persons employed in the Execution of this Ordinance, not exceeding Three Pence in the Pound.
"And for the better Encouragement and securing of such Persons as shall advance the said Sum, or any Part thereof, the Lords and Commons do hereby Ordain, That such Person or Persons as shall pay or lend any Money, upon or by virtue of this Ordinance, and pay the same to the Treasurers at War aforesaid, shall be re-paid the several Sums which shall be by them advanced, out of the Receipt of the Excise and new Impost, with Interest, after the Rate of Eight Pounds per Centum per Annum, for so long Time as they shall forbear the same.
"And the Commissioners of Excise and new Impost for the Time being are hereby authorized and required to pay unto the several Lenders, their Executors and Assigns, at the End of Six Months, the Interest for so much Money as shall be advanced by virtue hereof, and the Principal and Remainder of the Interest thereof, after the Rate aforesaid, in due Course, Order, and Rank, as the same stands charged upon the said Excise and Impost, unto the Persons that do advance the same.
"And the Receipt of the said Treasurers at War, or any Two of them, One being an Alderman, the other a Commoner, shall interest and intitle every Person or Persons to whom it shall be given, his or their Executors, Administrators, or Assigns, into the Security and Benefit of this present Ordinance, with Interest aforesaid.
"And it is further Ordained, That no Ordinance nor Assignment, not passed in the said Receipt of the Excise, before an Ordinance of the Second of September last, for the Payment of Fifty Thousand Pounds in Course, for the Service of the Army under the Command of Sir Thomas Fairfax, shall precede this Ordinance; but that it shall be paid in its Course from that Time accordingly : And the aforementioned Receipts of the Treasurers at War, together with the Acquittance of the Persons advancing the same, shall be a sufficient Warrant and Discharge to the Commissioners of Excise, and every of them, for Payment of the said Sums to the several Persons as aforesaid.
"And it is further Ordained, That all Mayors, Sheriffs, Constables, and Headboroughs, and all Officers of the Trained Bands and Auxiliaries within the said Limits, shall be aiding to the said respective Committees, and such as they shall employ, in the Execution of this present Ordinance.
"And the said respective Committees shall have Power to impose upon such Officers, or Persons so neglecting their Duties therein, such Fine or Fines as to them shall seem meet, not exceeding Forty Shillings for any One Offence, and to cause the same to be levied by Distress and Sale of the Goods as aforesaid.
"And it is further Ordained, That all Persons acting in Pursuance of this Ordinance shall be saved harmless, by Authority of Parliament.
"And that no Privileged Places shall be exempted from the said Assessment.
"Provided, That such Persons as shall make it appear to the said Committee of Arrears, by their Protestation or Oath, that he or they are not worth One Thousand Pounds, shall not be assessed by this Ordinance.
"Provided always, That this Ordinance, or any Clause therein contained, shall not extend to any of the Peers of this Realm, or to the Members of the House of Commons, or Assistant, Attendant, or Officer of the House of Peers, or Officer of the House of Commons.
"H. Elsynge, Cler. Parl. Dom. Com.
Die Martis, 2 September, 1645.
"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That Fifty Thousand Pounds shall be paid in Course, for the Service of the Army under the Command of Sir Thomas Fairefax, out of the Receipts of the Excise, by Ordinance of the Eleventh of September, 1643, unto the Treasurers at War ; and the Receipt of any Four of them, together with this Ordinance, shall be a sufficient Discharge unto the Commissioners of Excise, and every of them, for Payment of the said Fifty Thousand Pounds, and Interest for the same, after the Rate of Eight Pounds per Cent. for so long Time as the same shall be unpaid, before it become due as aforesaid.
"H. Elsynge, Cler. Parl. D. Com."
"October the 15, 1645.
"Ordered, by the Commons in Parliament, That this Ordinance be forthwith printed and published.
"Hen. Elsynge, Cler. Parl. D. Com."