Journal of the House of Lords: Volume 8, 1645-1647. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 9 die Aprilis.
Message from the H. C. to expedite the Ordinance for trying Murray;
with an Amendment in the Ordinance for Martial Law;
2. To acquaint their Lordships, that, in the Ordinance for Martial Law lately passed, there is a Mistake in One of the Names of the Commissioners; videlicet, Francis, for Laurance Bromfield, wherein they desire Concurrence for the Amendment of it.
to expedite the One about Derbyshire.
That this House agrees to the Alteration of the Name Laurance for Francis, and to the Ordinance concerning Derbyshire: As to the Ordinance for Martial Law for the Trial of Mr. Murrey, their Lordships will send them an Answer by Messengers of their own.
Message from the H.C. with Ordinances.
Countess of Peterborough, a Pass.
Ordered, That the Countess of Peterborough shall have a Pass, to go into France, to her Husband, with her Brother Mr. John Mordant, and such Servants and Necessaries, with their Accommodations for Travel, as they shall have Occasion of; and that Mr. John Mordant be permitted to return again into England.
Paper from Sabran, the French Resident.
E. of Northampton, Leave to stay within the Lines.
Ordinance for trying Mr. Murray by Martial Law:
Then the Speaker reported the Effect of the Conference formerly had with the House of Commons; which was, "That this House desiring to know of them what Grounds they had to judge Mr. Wm. Murray to be a Spy, they gave these Grounds, which lead their Consciences: That they had examined him, and they find he came from the Enemy's Quarters, and had been in the King's Quarters before he went into France; and when he came out of France, he did disguise himself by Hair, and came under a false Name; and he hath confessed he had an Intent to stay here in London until he sent to the King to acquaint Him of his being here, that so he might accordingly go either to Hopton's Army, or to such other of the King's Quarters as he should (fn. 1) have Directions from the King."
The said Ordinance, with the Alterations and Provisos, [ (fn. 3) was read] the Third Time.
Protest against it.
Memorandum, That these Lords following, before the putting of the Question, (fn. 2) desired Leave to enter their Dissents to this Question if it be carried against them, which was granted them:
Message from the H.C. about the Excise Ordinance;
and to sit a while.
That though it be now very late, yet their Lordships will sit a while; and as concerning the Ordinance for the Excise, their Lordships will take it into Consideration, and send an Answer by Messengers of their own.
Ordinance concerning the Excise.
Message from the H. C. with an Answer to the Scots Paper.
That, having received a Paper from the Scotts Commissioners, they have framed an Answer to the same, wherein they desire their Lordships Concurrence, and that it may be sent to the Scotts Commissioners.
Answer from the H. C.
That they agree to the Addition in the Lord Lilse's Commission, and to the Order for the passing of it under the Great Seal: To all the rest of the Particulars, they will send an Answer by Messengers of their own.
Message to them, with the Ordinance for trying Murray;
with the Order about the Statues at Windsor;
and about the E. of Stamford's Business.
Witnesses about the Book called London's last Warning.
Writs of Error brought in.
Mr. Justice Rolls, One of (fn. 4) the Justices of His Majesty's Bench, brought in Four several Writs of Error to this Bar; which were received by the Clerk, and brought to the Table.
L. Lisle's Commission to be Lord Lieutenant of Ireland.
"REX omnibus ad quos &c. Salutem, Sciatis quod Nos, de providâ Circumspectione & Industriâ Prædilecti & Fidelis Nostri Philippi Domini Lisle pleniùs confidentes, nec non de Advisamento, Assensu, & Consensu Magnatum & Communium in Parliamento Nostro Angliæ apud Westm. modò assemblato, ac ex certâ Scientiâ & mero Motu Nostris, assignavimus, fecimus, ordinavimus, constituimus, & deputavimus, ac per præsentes assignavimus, facimus, ordinamus, constituimus, & deputamus, eundem Philippum Dominum Lisle Locum-tenentem Nostrum Generalem Regni Nostri Hib'niæ, nec non Gubernatorem Nostrum Generalem prædicti Regni nostri Hib'niæ; habendum, tenendum, gaudendum, exercendum, & occupandum Officium prædictum eidem Philippo Domino Lisle, unÀcum omnibus & singulis Vadiis, Feodis, Stipendiis, Allocationibus, Prosicuis, Juribus, & Privilegiis, eidem Officio inciden. spectan. & pertinen. pro & durante uno Anno integro, incipiend. a Dat. præsentium; dantes & concedentes eidem Locum-tenenti Nostro Generali & Gubernatori Nostro Generali plenam, Tenore præsentium, Potestatem & Auctoritatem, ad Pacem Nostram & ad Leges & Consuetudines Regni Nostri prædicti custodiend. & custodiri faciend. & ad omnes & singulos Nostros tam Anglicos quam Hib'nicos dicti Regni Nostri, & alios quoscunque per Nos seu per dictum Locum-tenentem Nostrum Generalem & Gubernatorem Nostrum Generalem stipendiatos, & alias quascunque Personas ibidem contra Nos, & Pacem, Consuetudines, & Leges prædictas, qualitercunque delinquentes & contravenientes, juxta eorum Demerita, secundùm Leges & Consuetudines prædictas, castigand. & puniend. ac puniri & castigari faciend. Constituimus etiam præfatum Philippum Dominum Lisle Gubernatorem & Præfectum Nostrum Generalem Exercitus Nostri in dicto Regno Nostro Hib'niæ tam præsentis quam futuri, ac Copiarum Nostrarum modò ibidem levat. & imposterum levand. pro unoAnno integro (ut præfertur) cum Allocationibus inde debitis & consuetis. Damus insuper & concedimus eidem Philippo Domino Lisle Locum-tenenti Nostro Generali & Præfecto Generali Exercitus Nostri (ut præfertur) in dicto Regno Nostro Hib'niæ, plenam Potestatem & Auctoritatem ad Rebellionem in dicto Regno Nostro Hib'niæ modò flagrantem opponend. & supprimend. ac ad universos & singulos tam Anglicos Rebelles quam Hib'nicos dicti Regni Nostri, & alios quoscunque dictum Regnum Nostrum imposterum invadentes, & Pacem Nostramibidem perturbantes, acipsum Regnum Nostrum Subditosque Nostros ejusdem deprædare, gravare, seu alio modo destruere seu devastare, intendentes & contendentes, ac se juxta Leges & Consuetudines prædictas justificari nolentes, (si necesse fuerit) cum Exercitu & Potestate Nostrâ Regiâ, ac aliis viis & modis quibus meliùs fieri poterit, juxta eorum Demerita puniend. &, si opus fuerit, ultimo Supplicio demandand.; ac ad Exercitum Nostrum & Copias Nostras prædicti Regni Nostri Hib'niæ modòlevat. & imposterum levand. contra eosdem Rebelles ducend. eosque invadend. & vincend. & prout eidem Gubernatori & Præfect. Nostro Generali visum fuerit puniend. & castigand. vel necand. destruend. & debelland. Concessimus insuperdicto Locum-tenenti Nostro Generali & Gubernatori Nostro Generali plenam & sufficientem Auctoritatem & Potestatem ad omnia & singula alia quæ ad Officium Locum-tenentis nostri Generalis & Præfecti Generalis Exercitus Nostri ibidem legitimè pertinent.seu pertinere deberent, faciend. exercend. & exequend. & quæ aliter necessaria fuerint faciend. exercend. & exequend. in Regno Nostro Hib'niæ per dictum Locum-tenentem Nostrum Generalem & Gubernatorem Nostrum Generalem, secundùm Instructiones & Ordinationes quas À Magnatibus & Communibus in Parliamento Nostro Angliæ prædicto assemblatis, de tempore in tempus receperit. Damus ulteriùs universis & singulis Ducibus, Marchionibus, Comitibus, Vicecomitibus, Baronibus, Justiciariis, Militibus, Liberis Hominibus, & aliis Subditis Nostris de Regno Nostro prædicto,firmiter in Mandatis, quod præfato Philippo Domino Lisle, Locum-tenenti Nostro Generali & Gubernatori Nostro Generali in eodem Regno Nostro, intendentes, assistentes, auxiliantes, & consulentes, ac ipsius Mandatis in omnibus præmissis, prout decet & decebit, obedientes sint; aliquo Statuto, Actu, Ordinatione, Provisione, Jure, Usu, Consuetudine, sive Restrictione, in contrarium inde fact. edit. Ordinat. seu provis. aut aliquâ aliâ Re, Causa, vel Materiâ quâcunque in aliquo non obstante. In cujus Rei &c. Teste &c."
"Ordered, by the Lords and Commons assembled in Parliament, That the Brass Statues at Windsore Castle and the Images there, defaced, and the other broken Pieces of Brass, be forthwith sold, to the best Advantage of the State; and that Mr. Rous, Mr. Winwood, Mr. Whirelock, Mr. Maynard, Mr. Holland, Sir Thomas Widdrington, Mr. Recorder, Sir John Trevor, and Mr. Oldsworth, or any Four of them, are to take Care of the Sale thereof; and likewise to take Order, that the Proceed upon the Sale of the said Statues, not exceeding Four Hundred Pounds, be paid, upon Accompt, to Colonel Whitchcote, Governor of Windsore Castle, to be by him employed for the Pay of that Garrison."
Order for 326£. a Debt incurred by Sir R. Philips for the Public Service.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Three Hundred and Six and Twenty Pounds be charged upon the Committee at Habberdashers Hall, and paid, to discharge several Debts, incurred by Sir Richard Phillipps and others, for the Service of the State, for which Sir Richard Phillips lies under Arrest; (videlicet,) Seventysix Pounds, for which Sir Richard Phillips and others are engaged to Lieutenant Colonel John Carter, for certain Arms, for the Army of Major General Langherne; Two Hundred Pounds to Captain Richard Swanley, the which Monies was paid to Major General Langherne in Part of his Soldiers Pay; and Fifty Pounds to Colonel William Beale, being Monies raised for the Soldiers Pay, for which George Heywood, being One of the Committee of Pembrooksheir, is now arrested; and the Committee is desired to see those Monies paid, and the Engagements cleared."
Order for Mr. Ray to be Rector of St. Andrews Hertford.
"Ordered, by the Lords and Commons assembled in Parliament, That the Lord Gray of Warke and Mr. Speaker of the House of Commons do, under the Seal of the Dutchy of Lancaster, constitute and appoint Clement Ray Rector of the Church of St. Andrews, in the Town of Hartford; to have and enjoy the said Rectory, and all Rights and Profits thereunto belonging, during the Pleasure of both Houses; and that the Clerk of the Dutchy of Lancaster do prepare the said Grant accordingly."
"An Ordinance of the Lords and Commons assembled in Parliament, for the raising of a Monthly Sum upon the County of Derby, for the Payment of their Forces, and other necessary Expences for the Public Service.
Ordinance to raise Money in Derbyshire.
"Whereas the County of Derby is frequently infested by the Incursions of the Enemy, to the great Prejudice of the Inhabitants of the said County; and whereas the said County hath raised a considerable Number of Horse, Foot, and Dragoons, for their necessary Defence, and Service of the Public, and must be at great Charges in maintaining their Forces, and providing other Things requisite for their Defence, and Safety of the said County; and, without the raising of Monies to defray the Charge, the Inhabitants of the said 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 several Hundreds, Towns, Persons, Commodities, and Places, of and in the said County, in an equal, indifferent, and proportionable Way, according to their Estates, and according to the most ancient and most usual and indifferent Rates, such a Monthly Sum as the (fn. 6) Committee herein named shall think fit, for the Service aforesaid, not exceeding the Sum of Sixteen Hundred Pounds, over and besides the Rates formerly set for the new Model, the Scottch Army, and for Ireland, to continue from the First Day of December last past unto the First Day of August next, if the War shall so long continue: The Lords and Commons assembled in Parliament, upon due Consideration of the Premises, do Order and Ordain, and be it hereby Ordered, Ordained, and Established, That Sir George Greasly and Sir John Curson Knights and Baronets, Sir John Gell and Sir Edward Coke Baronets, Sir Edward Leech, Sir John Coke, and Sir Samuell Sleegh, Knights, Thomas Gell, Samuell Roper, Henry Wigfall, and John Wigley, Esquires, George Poole, Thomas Sanders, Edward Charleton, and Ralph Clarke, Gentlemen, Nathaniell Hallowes, Luke Whittington, and Robert Meller, Aldermen of the Town of Derby, Francis Munday, Randolph Ashenhurst, Francis Revell, John Monday, and William Woolley, Esquires, Rowland Moorewood and Robert Willmott Esquires, and the Mayor of Derby for the Time being, shall be, and are hereby appointed to be, a Committee for the Execution of this Ordinance; and they, or any Five or more of them, shall have Power and Authority to assess and tax, by themselves or by such Assessors as they or any Five or more of them shall nominate and appoint, (fn. 5) the Monies thereby charged upon the said County; and shall have Power and Authority hereby to nominate and appoint Treasurer or Treasurers, Collectors, and all other Officers necessary for Collection and Receipt thereof; and that the Monies levied as aforesaid, and all other Monies payable to the Use of the said Forces, shall be issued forth by such Treasurer or Treasurers, and be employed, disposed, and disbursed, for the Uses aforesaid, by the Consent of the major Part of the Committee herein named, or by the Consent of any Five or more of the said Committee, by Order under their Hands, to the Officers and Soldiers, in an equal Way, and such other Uses as are herein mentioned, and shall be appointed by the said major Part of the said Committee under their Hands, or under the Hands of any Five or more of them: And the said Lords and Commons do further Order and Ordain, That the said Collector or Collectors, appointed for collecting the said Monies, Tax, or Assessment, shall have Power to levy the said Sum or Sums of Money imposed upon any Persons or Places within the said County, by Distress or Sale of the Goods of such as shall refuse or neglect the Payment of the Sum or Sums imposed upon them, together with reasonable Charges for the Travel and Pains of the Distrainers, not exceeding Six Pence in the Pound, for taking such Distress, and levying such Money: And be it further Ordered and Appointed, That the Rents of Lands set at an improved Rate shall be paid, by the Tenants thereof, towards the Payment of the said Monthly Tax, and wholly defaulked out of the Rent next payable to the Landlord; for Payment and Defalcation whereof, the said respective Tenants, their Heirs, Executors, and Administrators, shall be acquitted and saved harmless, by Authority of Parliament, against or from any Covenant, Condition, or Obligation, or other Matter to the contrary whatsoever; but where the Land is let at an Under-value, there the said Monthly Assessment shall be apportioned between the Landlord and the Tenant, as the Assessors shall think fit, the whole likewise to be paid by the Tenant, and the Landlord's Part to be defaulked; and the Tenant, his Heirs, Exe cutors, and Administrators, to be acquitted and saved harmless as aforesaid: And in case any Person or Persons appointed to be Assessors or Collectors, or any Constable, or other Officer for the Service, who shall be required to assist in the Assessment or Collection of such Monthly Tax or Assessment, shall refuse to perform, or prove negligent or unfaithful in performing the said Service, the major Part of the said Committee, or any Five or more of them, shall hereby have Power and Authority to commit such Officer or Officers offending as aforesaid to Prison for a Month, or to set a Fine upon him or them, as they shall think fit, not exceeding the Sum of Five Pounds for every such Offence, to be levied by Distress and Sale of the Offenders Goods: And it is also Ordered and Appointed, That the Collectors, Treasurers, and other Officers appointed for the Service aforesaid, shall keep, and from Time to Time be ready to give, a true Account of their respective Proceedings in the Premises, which the said Committee are hereby required to examine Once every Two Months at the utmost; and in case the said Officers, or any of them, shall refuse or neglect to deliver in their Accompts as aforesaid, the major Part of the said Committee, or any Five or more of them, shall have Power to commit to Prison such Officer or Officers, till he or they shall honestly perform the same; and shall also have Power to displace any Officer or Officers whom they shall find negligent or faulty, and to elect and appoint others in the Room or Place of the Person or Persons so displaced.
"And to the End the said Officers may be encouraged the better to perform their Duties, it is Ordered and Appointed, That Two Pence in every Pound shall be allowed to the Collector, and One Penny in every Pound to the Treasurer, which shall be collected, received, and disbursed by them respectively, according to this Ordinance; and if the said Assessors shall do any Injury in making the said Assessments, or proportioning the same between the Landlord and Tenant as aforesaid, or to other Person, the Complaint shall be heard, and the Injuries shall be rectified, by the major Part of the said Committee, or any Five or more of them, who allowed the said Assessment, according to their Discretions.
"And the said Lords and Commons do further Order and Declare, That all Commanders, Officers, and Soldiers, maintained for Defence of the said County and Service aforesaid, shall duly and truly pay for their Billet and Quarters, and all other Necessaries which they shall use, and shall not take or have any Free Quarter, except in Case of Necessity; which if they be constrained unto, the major Part of the said Committee, or any Five or more of them, are required to see as speedy Satisfaction made for the same as may be, out of their Pay; and that they shall not take any Horses, Money, or other Goods whatsoever, within the said County, without lawful Authority; and that the said Committee, or any Five or more of them, upon Complaint made of the Taking of any Horses, Money, or other Goods, without Authority as aforesaid, shall Order and see Restitution and Satisfaction to be made; and all Sheriffs, Justices of the Peace, Constables, Headboroughs, and all other Officers of State, as also all Commanders, Captains, Soldiers, Volunteers, and others, that shall be thereunto desired, are hereby required to be assistant to the said Collectors, and all other Officers employed in the said Service, in the due Execution of their Offices.
"And it is further Ordained, by the said Lords and Commons, That the Forces raised or maintained by this Ordinance shall from Time to Time observe such Orders and Directions as they shall receive from both Houses of Parliament, or the Committee of both Kingdoms, and shall not be drawn forth, or kept or continued forth, of the said County, without the Consent of the said Committee, or Five or more of them, or without particular Directions of Parliament, or of the Committee of both Kingdoms, or of Sir Thomas Fairefax.
"And be it lastly Ordained, That the said Committee, Treasurer, Collectors, and every of them, and every other Person or Persons that shall aid or assist them, or any of them, in doing any Thing by virtue of this Ordinance, shall be defended and saved harmless therein, by Authority of both Houses of Parliament."
Paper from Monsieur Sabran, the French Resident, complaining of the Levies of Men here for Flanders; and that he is obstructed in sending Men to France that he has raised.
"At length I am forced to complain of the Contravention continued against the Neutrality; which I leave you to consider, both by the State of Power, and by all Testimonies you have received of the Affection of Their Most Christian Majesties for the Quiet of this State, whether the French is more to be considered than the State of their Enemies. Last Year your Honours were pleased to grant a Levy of your Prisoners for Flanders, whereof suddenly Two Regiments were made up. Both myself and afterwards also Their Majesties were surprized by this your Liberality, whereof I gave but slight Information.
"Then I was told you were forced to disburthen yourselves of the said Prisoners which would go over to any Service; and that the like Levies would easily have been granted to me, if I had desired it. Of this Offer Their Majesties being advertised, sent me presently Money and Commissions. I delivered neither to any-body, before I could see a Possibility for the said Levies, and a Warrant under his Hand that had Order to grant them. Upon this, Colonel Rokeby could but get Five Hundred Men in London, who are there this Three Months at Calais, because those that he had raised in the North were staid at Hull, under Pretence the Levies made for France were against the Parliament; and whilst he solicited their Releasement, most of them were exchanged or lost, so that I got nothing but that I had my Recourse to the Cautions given me for the King my Master's Money.
"Since that Time, you made more Prisoners; and then presently One that levied Men for Flanders brought some Seven Hundred Men hither to be shipped, whilst Their Majesties did expect that no such Leave of Levies should be granted, but the like Courtesy should be shewed to them, that first I might have made also Two Regiments, left the Unequality should be too great; Their Majesties hoping to employ some of your Prisoners only to hinder Their Enemy to have still the Advantage, which nevertheless he hath yet too great, by getting Men, which he can get no where else.
"I am therefore to conjure you, Most Noble and Honourable Lords, that until, according to the Grant you have given me, the Levies of the Two said Regiments be fully made, you would not suffer any Man to be levied to the Prejudice of Their said Majesties; and that, for the future, you will be pleased to keep the Equality, in the Permission, or in the Refusal of the said Levies to both Crowns.
"Colonel Slyngesby, having commanded Part of the Cavalry in the West, is come hither with Sir Thomas Fairefax's Pass, and, according to Articles betwixt them, he may go and serve with his Company beyond the Seas: Therefore he hath offered himself to serve the King my Master, with who will follow him; being here upon General Fairefaxe's Word, and upon the Faith of an important Treaty and advantageous to the Parliament, an established Committee will not suffer him to stay in this City to finish his Treaty begun with me, but forced him Two Days since to withdraw himself at Night to Knightsbridge, to shun the Violence of their Threatnings; whereof having Notice, I intended Yesterday to go to him, to finish our Treaty; but I was staid at Two Gates of the City, and not suffered to pass out. Whether or no a Minister of France can suffer this without Complaint, and whether he shall not have the Liberty to go and come through your Gates for his Master's Affairs, I leave it to consider to your Wisdom; forasmuch as the Term prefixed by General Fairefaxe's Treaty passes away, and Colonel Slingesby and his Men may fall into some Inconvenience, if by these Obstacles and Lingerings they should be hindered to ship themselves at the said Time in the Ships your General have promised them. I do therefore most instantly pray you, in Their said Majesties Name, to prevent that General Fairefaxe's Treaty, whereby he hath promised the Transportation of the Men and Horse, be not violated, and so their Passage into France hindered, which otherwise will be a Token of Partiality against Their Majesties; but rather that you will add your Pass to that your General's, whereby he may diligently pass, or at least send One of his Men in Post Haste to his Company, and particularly also a Pass for One of my Men, that is to go to further their Shipping; trusting so much in your Good-will, that you will not suffer these Lingerings to turn to my Master's Prejudice, whose Affections you have Cause to esteem and to praise, and to distinguish the Neutrality which towards us (fn. 6) is not forced by any Weakness, as that is towards our Enemies.
"Since the Writing hereof, a Dispatch which the said Colonel Slingesby did send me, containing the Treaty he made with me for the Service of the King my Master, and was sealed, hath been brought to me, opened either by your Guard or by Mr. Lenthall Speaker of the House of Commons. I presumed there should have been more Respect used towards the King my Master in my Person: But upon this Point I will also expect to understand the Intention of the Honourable Houses; and if there be no more any Public Faith nor Surety for my Dispatches, I desire to give Notice thereof To-morrow unto Their Majesties, to hinder the Resolution which might be taken in France, to open such Dispatches as shall come from England.
Order for 20£. to Bissel, the Messenger from Colonel Bettworth.
"Ordered, by the Lords and Commons assembled in Parliament, That Mr. Daniell Bissell, Physician to Colonel Bettsworth, who brought the good News of the Defeat given to the Enemy's Horse by the Forces of the Parliament under the Command of the said Colonel Bettsworth, shall have the Sum of Twenty Pounds bestowed upon him for his Pains; and that the Committee of Lords and Commons for Advance of Money at Habberdashers Hall do pay the same accordingly."