DIE Veneris, 16 die Maii.
PRAYERS, by Mr. Carryll.
Ds. Grey de Warke.
Sir H. Compton, committed for Delinquency, Petition for a Protection against Actions of Debt.
Upon reading the Petition of Sir Henry Compton
Knight; shewing, "That he being committed for Delinquency by the Parliament; (fn. *) many Persons, taking
an Occasion of his Imprisonment, do lay many Actions upon (fn. †) him for other Mens Debts; therefore
he desires to be protected from those Suits."
It is Ordered, That the said Petition is referred to
Mr. Justice Reeves and Mr. Justice Bacon, to certify to
this House (fn. ‡) what the usual Course is in their Courts,
in Things of this Nature.
Edwards, the Earl of Suffolk's Receiver in Shropshire, imprisoned by the Committee there, to be released and brought up.
Upon reading the Petition of Frances the Wife of
Thomas Edwards, of Kilhendry, in the County of Salop,
Esquire; shewing, "That, about September, 1644, the
Earl of Suffolke did appoint the Petitioner's Husband
to be Receiver of the Revenues of the Manor, Rectory, and Hundred, of Oswestry, in the said County;
some of the Committee at Wem, conceiving Displeasure against him, did, in December last, send for him
by Warrant, and detain him there Prisoner, contrary to the Law, themselves being Accusers and
Judges, upon wrong Suggestions, and not admitting
of sufficient Bail, tendered by Colonel Mytton and
others; and they have endangered his Life by his long
Restraint, yet continued; and although the Earl of
Suffolke hath wrote to the Committee for his Enlargement; and this House Ordered, the 25th Day of
March last, that he, being imprisoned contrary to the
Privilege of Parliament, should be released of his Restraint upon Sight of that Order; nevertheless, they
have disobeyed the said Order, for that a Messenger
was not sent from this House with the same, and for
It is Ordered, That the Gentleman Usher, or his
Deputy, shall go down with this Order, and bring up
the said Edwards to appear before this House; and the
Committee at Shrewsbury are to send up the Causes of
E. of Denbigh to have the Lodgings at the Wardrobe.
Ordered, That the Lodgings at the Wardrobe,
wherein the late Earl of Denbigh lodged, shall be assigned to the now Earl of Denbigh, to live in.
Cable and Cross.
Ordered, That the Cause between Cable and Crosse
and others is hereby referred to the due Course at Law.
Dorrington and Griffith.
Upon reading the Petition of Doctor Dorrington;
shewing, "That a Business between him and Griffith
was referred, by the Chancery, formerly to divers
Merchants in London; and because most of the Commissioners are now dead, he desires some more Commissioners be added."
It is Ordered, The Petitioner be referred to take
his Relief in the Chancery.
Countess of Sussex's Fishery at Burnham, alias Wallslet.
Upon hearing the Counsel of the Countess of Sussex,
and the Persons that were sent for up by this House
for disobeying their Lordships Order, in disturbing the
quiet Possession of the said Countess in Burnham Waters;
and it being alledged, by the Defendants Counsel,
"That the Defendants did fish in Uray Sands, and not
in Burnham Waters, which are out of the Verdict."
It is Ordered, That it be referred to Mr. Serjeant
Fynch, to call the Counsel on both Sides before him,
and examine how the Suit was laid, whether the Verdict
be for the whole Water, or for Burnham Water only,
and report the same to this House.
Message from the H. C. with an Order.
A Message was brought from the House of Commons, by Mr. Sam. Browne, &c.
To desire their Concurrence in an Order for Four
Hundred and Ninety Pounds to be paid to Mr. Frost,
upon Accompt. (Here enter it.)
The Answer returned was:
That this House agrees to this Order now brought
Dr. Raynbow, a Pass to Holland.
Ordered, That Doctor Edward Raynbow shall have a
Pass, to go into Holland.
Instructions for the Army Commissioners.
The Instructions for the Commissioners residing in the
Army were read, and Agreed to. (Here enter them.)
Committees to go to the Common Council, about Subscriptions for Oxon, Berks, and Bucks.
The Lord Wharton reported to this House, "That
the Committee of the Three Counties of Oxon, Berks,
and Bucks, went Yesterday to the Militia in London,
about the Subscriptions for the Taking of Oxford; and
the City thought it a Business of that Consequence, that
they resolved this Afternoon to call a Common Council."
Hereupon it was moved, "That the Members of
both Houses that are of that Committee may go to
the Common Council this Afternoon, to give a Credit
and Countenance to that Business."
Ordered, That the Earls of Sarum and Bolingbrooke
are added to the Committee of the Three Counties of
Oxon, Bucks, and Berks.
Message from the H. C. for Major Ashherst to be Governor of Liverpool; and with Ordinances, &c.
A Message was brought from the House of Commons, by Mr. Nicolls;
To desire their Lordships Concurrence in these Particulars following:
1. That Major Ashberst be Governor of Leverpoole.
2. An Ordinance for One Thousand Pounds for
Colonel Fienne's Regiment of Horse.
(Here enter it.)
3. An Ordinance for Four Hundred Pounds for the
Munster Officers. (Here enter it.)
4. An Ordinance for Three Thousand Pounds to the
Scotts Officers in Ireland. (Here enter it.)
5. To desire Expedition in the Instructions for the
Commissioners residing in the Army.
The Answer returned was:
That this House agrees to all the Particulars now
brought; and that they have passed the Instructions for
the Commissioners residing in the Army.
Order for 490l. to Mr. Frost.
" (fn. *) It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Committee
of Lords and Commons for Advance of Monies at
Habberdashers Hall do forthwith pay, upon Accompt,
to Mr. Walter Frost, Four Hundred and Ninety Pounds,
to be disposed of as the Committee of both Kingdoms
"Instructions, Rules, and Directions, to be observed, and put in Execution, by Colonel Martin
Pinder, Harcourt Leighton, Thomas Harbert,
and Captain John Potter, Esquires, and Commissioners of Parliament in the Army established by both Houses of Parliament under
the Command of Sir Thomas Fairefax Knight,
Commander in Chief, and all other Persons
whom these Instructions, &c. do or may concern.
Instructions for the Commissioners appointed to reside with the Army.
"1. That the Commissioners take special Care, as
often as Occasion shall require, to give an Account
to the Parliament of all such Things as shall be
fit to be made known unto them; and shall endeavour, according to Instructions, that no Commander
or Officer shall receive any Pay, but such as duly
attend their Charge; and the said Commissioners,
or any of them, are likewise to supervise and examine the Musters of the said Army, as Occasion shall
require; and shall use the best Means they can, for
preventing of dead Payments, false Musters, free
Quarter, plundering, seizing of Horses, selling, spoiling, or embezzling of Arms or Horses, and for the
avoiding of any other Misdemeanor in the Officers or
Soldiers, which may turn to the Prejudice of the
"2. That the Commissioners repair to the Council of
War, for the better enabling them to give an Account to the Parliament of the Proceedings in the
Army; and there to hear, observe, and debate,
touching such Matters and Passages as may concern either the regulating the Army or any Part thereof,
or speedy Administration of Justice, the acting or promoting of any good Design, or the Advancement of
the Public Service; and that, Once in Fifteen Days,
or as Occasion shall require, they are to certify the
State of the Army, and give an Account of their Proceedings, unto the Parliament, or such Committees as
they shall nominate; and shall from Time to Time
observe all such further Orders and Directions
concerning the Army, and the Officers thereof, as
shall be recommended to their Care by both or either of the Houses of Parliament; and the said Sir
Thomas Fairefax, Commander in Chief, is hereby desired to admit the said Commissioners of his Councils,
to advise with them, and to arm them with Power for
the Purposes aforesaid, and the better Execution of
the particular Rules and Directions herein mentioned.
"3. That the Judge Advocate of the Army do administer an Oath to such Persons attesting upon Musters as shall be presented unto him, for the Discovery
of false Musters, or accusing any Person that shall
violate the Articles of War in case of Plunder, or
otherwise commit any Misdemeanor which may turn
to the Prejudice of the Commonwealth, and to take
Examinations thereupon, and produce them as Evidence, at the Courts Martial or elsewhere, for the
better Execution of Justice, and Ease of the Country's
Attendance; and for Default, or in the Absence of
the said Judge Advocate (fn. *) or Commissary, or otherwise as Occasion shall require, the said Commissioners,
or any One of them, are hereby also authorized to
administer an Oath unto, and to take Examinations
thereupon, of all such Persons attesting, or that shall
be Witnesses, for the Purpose aforesaid.
"4. That such Horses and Arms as, in Fight or
otherwise, shall justly become Prize to the Soldier;
the Commissioners, for the Encouragement of the Soldiers, are hereby authorized, for the Use of the
State, to buy the said Horses and Arms, for that the
same may be disposed of and kept for the Service of
the State; and that no Horse be bought or sold in
the Army, by Troopers or Soldiers, but such as shall
be first presented, vouched, and entered with the
Mark-master, upon the Penalty of forfeiting every
Horse to the State that shall not be vouched and entered as aforesaid; and every such bought Horse to
be marked by the Mark-master, and disposed of by
the Commissioners for the Parliament Service in such
a Way as the Commander in Chief shall approve of.
"5. That all Money, Plate, Jewels, Horses, Arms,
Goods, Cattle, Wares, Merchandize, and Commodities whatsoever, which shall be seized or taken by the
said Army, or any Part thereof, from the common
Enemies, or their Garsisons or Quarters (otherwise
than by Storm, Battle, or Skirmish) shall be inventoried and delivered in Writing to the Commissioners
of the Army, to be, by the Commander in Chief (or
his Deputy for that Purpose), and the Commissioners,
valued, sold, or otherwise disposed of, to the best Advantage of the Army, and the Public Service.
" 6. They shall (fn. *) do their utmost endeavour, that no Officer or Soldier be quartered at any Place, but by
the Quarter-master first shewing his Commission if it
be required, and by what Authority he takes up such
Quarters, and giving a Ticket of the Names of every
Person which he shall quarter, expressing of what
Regiment, Troop, or Company, the same Person so
quartered is, and the Number of Horses there quartered, and at whose House the same are quartered;
together with the Day of the Month; and that thereunto the same Quarter-master subscribe his Name,
saving that where, by reason of the great Numbers
of them, the Names cannot be so suddenly inserted
in the Ticket as is requisite, the Numbers for the present shall be expressed in Place of their Names, and
within One Day after or sooner (if the same conveniently may be) the Names of the Persons quartered
shall by the Quarter-master be written upon or under such Ticket.
"7. That no Quarter or Provisions for Man or Horse,
in any Quarters, be taken without Payment of ready
Money, but in Case of Necessity, for Want of Pay,
which the Parliament will use all Means possible to
prevent, and which Necessity is to be expressed in such
Ticket as aforesaid; and in Case where any Quarter
or Provisions shall be had or taken without Payment
as aforesaid, the Captain or Quarter-master respectively shall, by Writing under their or One of their
Hands, certify what Provisions have been so had,
within what Time, by whom, and of what Regiment,
Troop, and Company, from whom, and the Value
thereof; and such other Order and Directions concerning the same shall be pursued and observed as the
Commissioners shall appoint, whereby the Party to
whom it is due may receive Satisfaction.
"Provided, That where the Army shall be upon the
March, not staying above Four and Twenty Hours
in a Place, the Rate shall be Four Pence a Night for
Hay, Three Pence a Night for Grass, Four Pence a
Peck for Oats, Six Pence a Peck for Pease and Beans,
and Seven Pence a Peck for Barley and Malt; which
Provision of Barley and Malt is not to be taken but
in Case of Necessity, where no other Grain for Horse
Meat is to be had; as also Eight Pence a Day for
the Diet of every Trooper or Horseman, Seven Pence a
Day for every Dragooner, and Six Pence a Day for
every Foot Soldier, Pioneer, Waggoner, or Carter, that
shall not be Officers by Commission, or of the Lifeguards Troop: Provided also, That these Rates, or
any of them, shall be continued or altered for the
former or other Time, as Occasion shall appear to
the Commissioners, and be approved of by the Commander in Chief: Provided, That no Inhabitants whatsoever shall be compelled to furnish any Provision, but
what he hath in his House of his own; and that no
Officer or Soldier shall compel him to do otherwise,
upon Pain of cashiering, or such other Punishment as
the Commander in Chief shall think fit.
"8. That every Officer by Commission, or Person
of the Life-guards Troop, shall pay the full Value
for his Provisions of Diet or Horse-meat; but, if he
pay not present Money to the full Value, but leave
a Ticket or Certificate in such Manner as is aforesaid, shall content himself with such ordinary Diet
for himself and Servants as the Party with whom he
quarters is provided of, without putting the said
Party to the Trouble or Charge of seeking abroad;
otherwise, upon Complaint thereof made to the Commissioners, such Officer to be fined and punished, at
the Discretion of the Commander in Chief.
"9. That, where no just Cause to the contrary shall
appear, such Certificate made as aforesaid shall, upon
View and Examination thereof by the said Commissioners, or any Two of them, be allowed; and
thereupon the said Commissioners, or any Two
of them, shall give Debentures for the Monies
due upon such Certificate, which shall be a sufficient
Warrant to the Treasurer of the Army to pay the
same to such Persons as shall produce such Debenture; and further, the same shall also be sufficient
for the Treasurer to defaulk the same out of the Pay
of the Officer or Soldier by whom the same was due.
"10. That, in case the said Commissioners, or any
Two of them, by Consent of the Commander in Chief,
shall certify that they conceive it necessary the Treasury in the Army be spared in the Payment of
Money due upon such Debentures as aforesaid, then
the said Debenture shall be produced to the Committee of Parliament, or so many of them as are
authorized to give Warrants for issuing out of Money
for the Army, who shall accordingly issue out Warrants for Payment thereof, out of such Monies as are
or shall be paid in by virtue of the Ordinance of
Parliament for maintaining of the Army under the
Command of Sir Thomas Fairefax; whereupon the
Persons to whom such Warrants are directed shall
make Payment thereof accordingly.
"11. That no Teams, Horses, or Carts, shall be imprested, or taken, but by Warrant under the Hand
of the Commander in Chief, the Lieutenant General
of the Ordnance, or such Commissary respectively as
shall be authorized so to do, which Warrant is to be
produced upon such Imprest or Taking; and that
the same Teams, Horses, or Carts, be not compelled
to go further than present Necessity shall require,
always discharging those first that shall have gone farthest; and that there shall be present Payment for
every Team, Horse, Cart, or Driver, so taken, according to such Allowances as are or shall be established by Order of Parliament, or, in Want thereof, according to such Rates as the Commissioners shall
think fit, by the Consent of the Commander in Chief;
and, in case of Necessity such present Payment cannot
be made, that the Officer by whose Warrants the
Teams and Carts are imprested, or such other Underofficers as he shall employ for that Purpose, till the
superior Officer's Certificate can be made, shall certify
and leave a Ticket what is due for such Horses,
Carts, and Drivers, and to whom, according to such
Establishment or Rates which shall be set as aforesaid:
Provided, That no Commissary of Waggons, or other
Officer whatsoever, shall take any Carts, Waggons,
or Horses, that are bringing Provisions to the City
of London and Westm.
"12. That, where the Commissioners, or any Two
of them, shall find just Cause to stop the Pay of any
Officer or Soldier, and shall give Notice in Writing
thereof to the Treasurer of the Army, the said Treasurer is to forbear to pay the same for Six Days, or
until the Commissioners have acquainted the Commander in Chief, and further Order be thereupon given.
"13. That the Commissioners, or any Two of them,
have Power, by Authority hereof, to issue out their
Warrants, and to take such other Course as they shall
think fit, for the present Restitution and Satisfaction
of the Owners, of or for any Thing plundered or
taken contrary to Ordinance of Parliament or Articles of War, or for the Return of any Carriages
imprested for the Service of the Army; and whosoever shall refuse to obey such Warrant, or other
Order of the Commissioners for the Purpose aforesaid, shall not only forfeit and incur the Penalty of
the full Value of the Thing so plundered or taken,
to be estimated by the Commissioners, or any Two of
them, but also shall lose Two Months Pay, as a Penalty to the State, to be disposed as the Commander
in Chief shall think fit, for the best Advance of the
"14. That the Provost Marshal General, and his Men
respectively, be ready to give their Assistance, and
pursue such Directions, as the Commissioners, or any
of them, shall give them, for the suppressing of Violences, and apprehending disorderly Persons; and
that all other Officers and Soldiers, where Need shall
require, be likewise ready to aid and assist them, for
the Purposes aforesaid; and if any Officer or Soldier
shall resist or affront the said Commissioners, or any
of them, in the Execution of their Power and Directions, that such Officer or Soldier shall be liable
to such Punishment as the Commander in Chief shall
"15. That the Commissioners likewise be careful, that the Commissaries of the Victual and
Provisions (who are hereby required thereunto) do
take Notice, and keep Accompt, of all such Victual
and Provisions, for Horse and Men, as are brought
in, and freely given, for the Supply of the Armies;
and where Provisions are brought into the Army by
Way of Sale, and ready Money cannot be paid, to
give Tickets, according to usual Rates, whereby such
Persons as shall so bring in the same may have the
like Benefit as others in case of Quarter without
Money as aforesaid, and give Copies of such Tickets
to the Commissioners, upon Pain and Fine of Punishment, at Discretion of the Commander in Chief;
and the Commissioners are hereby authorized to take
Care, that such Provisions as are delivered by the
Commissaries to any Officers or Soldiers, for their
Supply, be brought to a just and true Accompt, and
certified to the Treasurer, that he may defalk so
much out of the several Entertainments of such
Officers and Soldiers, from Time to Time, as the
Provisions received by them as aforesaid shall amount
"All which Rules, Instructions, and Directions, whether general or particular, are carefully to be supervised and urged by the Commissioners of the Army,
and by them to be taken Care of, that as much as
is possible they see them strictly performed."
Order for the Commissioners of Excise to re-pay themselves 1000 l. advanced for Colonel John Fiennes's Regiment of Horse;
"Whereas John Towse Esquire, and the rest of the
Commissioners of Excise and new Impost, have advanced and lent the Sum of One Thousand Pounds,
for and towards Payment of Colonel John Fines's Regiment: Be it Ordained, by the Lords and Commons
assembled in Parliament, That the said Commissioners
of Excise, their Executors, Administrators, or Assigns, shall and may satisfy and reimburse themselves
the said One Thousand Pounds respectively, 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 as shall happen when other Payments
already assigned upon the Excise shall not happen to
fall due, or, for Default thereof, then as the same
shall follow in Course; and shall not, by any other
Order or Ordinance of One or both Houses of Parliament, be debarred from satisfying themselves accordingly; and that the said Commissioners shall pay the
said One Thousand Pounds to Major Purbecke Temple,
whose Receipt shall be their sufficient Discharge in
and 400l. advanced for the Muster-officers;
"Whereas John Towse Esquire, Alderman of the
City of London, and the rest of the Commissioners of
Excise and new Impost, have advanced and lent the
Sum of Four Hundred Pounds, for Payment of the
Muster-officers: Be it Ordained, by the Lords and
Commons assembled in Parliament, That the said
Commissioners of Excise, their Executors, Administrators, or Assigns, shall and may satisfy and reimburse
themselves the said Four (fn. *) Hundred Pounds respectively, 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 as shall happen when
other Payments already assigned upon the Excise shall
not happen to fall due, or, for Default thereof, then
as the same shall follow in Course; and shall not, by
any other Order or Ordinance of One or both Houses
of Parliament, be debarred from satisfying themselves
accordingly; and that the said Commissioners shall
pay the said Four Hundred Pounds unto Sir William
Waller Knight, whose Receipt shall be their sufficient
Discharge in this Behalf."
and 3000l. advanced for the Scots Army in Ireland.
"Whereas John Towse Esquire, Alderman of the
City of London, and the rest of the Commissioners of
Excise and new Impost, have advanced and lent the
Sum of Three Thousand Pounds, for the Service of
the Scotts Army in Ireland: Be it therefore Ordained,
by the Lords and Commons in Parliament assembled,
That the said John Towse, and the rest of the Commissioners of Excise and new Impost, their Executors,
or Administrators, shall and may satisfy and reimburse
themselves the said Three Thousand 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 the Receipts of the Excise, in such Intervals of Time as shall
happen when other Payments already assigned upon
that Office shall not fall due, or, for Default thereof, then as the same shall follow in Course; and shall
not, by any other Order or Ordinance of One or
both Houses of Parliament, be debarred from satisfying themselves accordingly; and that the said Commissioners of Excise shall pay the said Three Thousand
Pounds unto John Davis, of London, Gentleman,
whose Receipt for the said Monies shall be a sufficient
Discharge to the Commissioners of Excise, and every
of them, in that Behalf."
House adjourned till 9a cras.