House of Lords Journal Volume 7: 12 June 1645

DIE Jovis, 12 die Junii.

PRAYERS, by Mr. Arrowsmith.

Ds. Grey de Warke, Speaker this Day.

Message to the H. C. with the Ordinance for collecting the Arrears due on several Ordinances; and with Mr. Dove's.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

To let them know, that this House agrees to the Ordinance for bringing (fn. 1) in Arrears, with some Alterations, wherein their Concurrence is desired; also to desire their Concurrence in the Ordinance for making Mr. Dove Keeper of the Stores at Portsmouth.

Upon the Petition of Anthony Bourchier, Nathaniell Hall, and others, sworn Clerks in the Office of the King's Remembrancer in the Exchequer:

Bills in the Court of Exchequer to be directed to the Darons there.

It is Ordered, by the Lords assembled in Parliament, That all English Bills henceforth exhibited in the Court of Exchequer shall be directed to Sir Thomas Trevor Knight, being now the Ancient Baron there, and to the other Barons of that Court, until the Pleasure of this House be further signified; and further, that all Writs issuing out of that Court shall be made Teste in the Name of the aforesaid Ancientest Baron Sir Tho. Trevor, until the Pleasure of this House likewise be further signified otherwise.

Cranford, for his Accutation against the Committee of both Kingdoms.

Ordered, That Mr. James Cranford, and all the Witnesses to prove the Words he spake, shall be summoned to appear (fn. 2) before the Committee this Afternoon, at Two of the Clock.

Parker to be Rector of Wrotham.

Ordered, That William Parker shall be instituted and inducted Rector of the Living of Wroteham, in the County of Kent, it being above the Value in the King's Books; and that an Ordinance to this Purpose be drawn up, and the Concurrence of the House of Commons desired herein.

Edwards bailed.

"Memorandum, quod 12 die instantis Junii, 1645, in propriis Personis venerunt coram Dominis in Parliamento, Thomas Edwards Gen. et recognovit, se debere Domino Regi Mille Libr.; Thomas Mitten Armiger, recognovit se debere Domino Regi Quingent. Libr.; et Jonathan Langley, Gen. recognovit se debere Domino (fn. 2) Regi Quingent. Libr.; levari ex Bonis, Catallis, Terris, & Tenementis suis, & cujuslibet eorum, ad Usum Domini Regis.

"The Condition of the abovesaid Recognizance is, That the said Thomas Edwards shall remain within the Line of Communication, and not stir out; and appear before the Lords in Parliament within Two Days after he shall be summoned so to do."

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer:

That the House of Commons do agree to the Alterations in the Ordinance concerning the gathering in of Arrears: (Here enter it.) To the Ordinance concerning Mr. Dove, they will send an Answer by Messengers of their own.

Fairfax, Legay, and Jhannes.

Upon reading the Petition of Wm. Jhannes: It is Ordered, That Fairfax and Legay shall deliver their Answer in to this House To-morrow Morning to the same.

"An Ordinance of the Lords and Commons assembled in Parliament, for the more speedy getting in of the Monies in Arrear, formerly imposed upon the Bill of Four Hundred Thousand Pounds, the Ordinance for the Fifty Subsidies, Weekly Assessment, and Weekly Meal, within the City of London and Liberties thereof.

Ordinance to collect the Arrears due on several former Ones.

"Whereas, by an Act of Parliament made in the 17th Year of His Majesty's Reign that now is, intituled, "An Act for the raising and levying of Monies, for the necessary Defence and great Affairs of the Kingdoms of England and Ireland, for the Payment of Debts undertaken by the Parliament;" it was, amongst other Things, thereby enacted, That the Sum of Four Hundred Thousand Pounds should be assessed, levied, and paid, to such Persons, and in such Manner, as in the said Act is contained; and whereas, by Three several Ordinances of the Lords and Commons in Parliament assembled, divers great Sums of Money have been taxed and assessed; (videlicet), the One of them bearing Date on the 4th Day of March, 1642, intituled, "An Ordinance for the speedy raising and levying of Monies, for the Maintenance of the Army raised by the Parliament, and other great Affairs of the Commonwealth, by a Weekly Assessment;" One other of them bearing Date on or about the 18th Day of August, 1643, for the speedy Supply of Monies within the City of London and Liberties thereof, for the Relief and Maintenance of the Armies raised, and to be raised, for the necessary Defence of the said City and Liberties; and the other of them bearing Date on or about the 26th Day of March, 1644, intituled, "An Ordinance for the Contribution of the Value of One Meal in a Week;" a great Part of which Monies, assessed by virtue of the aforesaid Act and Ordinances, are yet unpaid, chiefly through the Default of the several Collectors, Subcollectors, and other Officers appointed for those Services, to the great Discouragement of those who have willingly contributed and paid their several Rates and Assessments imposed upon them, to the great Disservice of the Commonwealth: And forasmuch as the Lord Mayor, Aldermen, and Commons of the City of London, in Common Council assembled, out of their Care to advance the Public Service, have, by several Acts and Orders of the said Common Council, nominated and appointed several Persons, Members of the said Common Council, to be a Committee for the gathering in of Arrears; which said Committee, for Want of a sufficient Power, as well to compel Collectors and Officers heretofore appointed for the Service aforesaid to bring in to them their Accompts and Monies received, as also the Persons rated and taxed to pay the said several Sums in Arrear, could not perform such Service as otherwise they might have done: For Remedy whereof, be it Ordained, by the Lords and Commons, That the several Persons hereafter nominated and appointed by the Court of Common Council, for the getting in of the Arrears aforesaid; (videlicet), Sir John Wollaston Knight and Alderman, John Warner and Thomas Andrewes, Aldermen of the said City, and Richard Glyd, William Antrobus, Walter Boothby, Francis Pecke, Francis Ash, Colonel Francis West, Thomas Noell, Thomas Blackwell, Christopher Packe, John Green, John Sadler, James Storry, John Babbington, Thomas Arnold, John Dethicke, John Holliday, Tobias Lisle, Thomas Lenthall, Thomas Brightwell, Peter Jones, Edwin Browne, William Jesson, Randall Baskervite, Richard Young, Thomas Clowes, Alexander Jones, Richard Willett, Phillip Parker, John Jurian, Richard Chiverton, James Walsham, James Herbert, Hogan Hovell, William Rowell, and William Beake, or any Six of them, shall be a Committee, and shall have hereby Power and Authority, by themselves or such as they shall appoint, to gather, levy, and receive, of all such Person and Persons as have been taxed and assessed, within the City of London and Liberties thereof, their Executors or Administrators, having sufficient Assets, all such Sum and Sums of Money now in Arrear, and rated, taxed, and imposed upon them, by virtue of the said Act and Ordinances, or any of them; and to send for any such Person or Persons, wheresoever they shall inhabit or be found: And it is Ordained, by the said Lords and Commons, That all High Collectors, Sub-collectors, and other Officers, which are already appointed by virtue of the said Act and Ordinance, shall, within Three Days after Demand made by the said Committee, or such Person or Persons as the said Committee or any of them shall appoint, after Notice thereof given or (fn. 3) left at his usual Dwelling or Place of Abode, bring in their several Rolls, Books of Accompts, and Receipts, concerning the several Sums taxed, levied, or received, by virtue of the said Act and Ordinance; and also as well the said High Collectors, Sub-collectors, and other Officers; having Monies in their Hands, or due from them, by virtue of the said Act and Ordinance, and all other Person and Persons in Arrear, and taxed, rated, or assessed, by virtue thereof, shall immediately pay the same to the said Committee, or to the Treasurer or Treasurers by them appointed to receive the same, any Thing to the contrary heretofore ordained notwithstanding; and if any High Collector, Sub-collector, or other Officer, already appointed for the Service aforesaid, or any other Person or Persons whatsoever, in Arrear as aforesaid, shall fail therein, that then the said Committee, by such Person or Persons as they shall appoint, by virtue of a Warrant from the Committee of Lords and Commons for Advance of Money and other Necessaries for the Army, now sitting at Habberdashers Hall, shall levy the same Sum and Sums of Money so rated, taxed, or assessed, or in the Hands and Custody of every such Person and Persons as aforesaid, by Distress of the Goods and Chattels of such Person and Persons neglecting or refusing to pay the same, in Manner aforesaid, and sell the Goods so distrained for the Service aforesaid; and if any Person or Persons shall stand out, or forbear to make Payment of any such Sum and Sums of Money so in Arrear, or in his Custody as aforesaid, until a Distress shall be taken for the same, that then he or they, so standing out or forbearing, shall pay all reasonable Charges for all such Distress, Removal, and Sale of their Goods, as the said Committee shall direct or appoint; and if no sufficient Distress can be found or come by, that then the said Committee, by such Person or Persons as they shall appoint, and by such Warrant as aforesaid, shall have hereby Power and Authority to commit every such Person and Persons to safe Custody, until he or they shall satisfy and pay unto the said Committee, or to the Treasurer or Treasurers by them appointed, the said several Sums of Money: And it is further Ordained, by the said Lords and Commons, That if any such High Collector, Sub-collector, or other Officer, heretofore appointed to levy, gather, or receive, any the Sums of Money aforesaid, shall sail, after Demand made as aforesaid, to bring in to the said Committee as aforesaid the said Rolls, Books of Accompts; or other Receipts, concerning the several Sums of Money taxed, rated, or received, by virtue of the said Act or Ordinance as aforesaid, shall be committed to safe Custody, by virtue of such Warrant as aforesaid, till he or they shall conform him or themselves, and give Satisfaction to the said Committee touching the same: And it is further Ordained, by the said Lords and Commons, That all Monies received, and now in the Hands of the said Common Council, and which hereafter shall be received, by the said Committee, or the Treasurer or Treasurers by them appointed, upon the said Act for the Royal Subsidies, shall be from Time to Time, by the said Committee or Treasurers, paid into the Chamber of the City of London, and the Acquittances of the Chamberlain for the Time being shall be to them a sufficient Discharge, to be disposed of as by the said Act is directed, any Proviso heretofore made to the contrary notwithstanding; and all Money received, and to be received, by the said Committee, or the Treasurer or Treasurers by them appointed, or to be appointed, upon any other Assessment or Ordinance aforesaid, shall be, by the said Committee, Treasurer, or Treasurers, paid to such Purposes as by the several Ordinances is directed and appointed: And it is further Ordained, by the said Lords and Commons, That it shall and may be lawful, and the said Committee shall hereby have full Power and Authority, to use and employ all such Officers as now are, or which hereafter shall be, nominated and chosen by the said Committee, for the Furtherance and better carrying on of the Service aforesaid: And it is further Ordained, by the said Lords and Commons, That it shall and may be lawful to and for the said Committee, upon Receipt of the said several Sums of Money in the Hands of any of the Collectors, Sub-collectors, and other Officers, to make such Allowance thereout, to the said High Collectors, Sub-collectors, and such Officers, as by the said Act and Ordinances are to be allowed: And it is further Ordained, by the said Lords and Commons, in regard of the great Charges necessarily required to the getting in of the said several Arrears, that it shall and may be lawful to and for the said Committee to deduct out of all such Monies as have been, or shall be, brought in to them as aforesaid, to be disposed of by the said Committee, for Payment of Officers, and such other Occasions as they shall think fit, except such Monies as have been already received upon the said Act of Parliament for the Royal Subsidy, so much as to them shall be thought necessary, so the same do not exceed the Sum of Three Pence per Pound: And it is Ordained, That all Mayors, Sheriffs, Captains, Lieutenants, Bailiffs, Constables, and all other Officers and Soldiers, shall be aiding and assisting to the said Committee, and all such Officers as shall be employed by them, for the better Execution and Performance of the said Service.

"And it is lastly Ordained, by the said Lords and Commons, That whatsoever the said Court of Common Council, or the said Committee appointed by the said Court as aforesaid, or any of them, or the Persons employed and to be employed by them, have heretofore done, or shall hereafter do, for the Furtherance of this Service, according to the Tenor and Purport of this or any former Ordinance, or the Act of Parliament mentioned in this Ordinance, they shall be saved and kept harmless and indemnified for the same, by the Authority of both Houses of Parliament.

"Provided always, That this Ordinance, or any Clause therein contained, shall not extend to the Distraining of the Goods, or Commitment of the Person, of any Peer of this Realm, nor any Assistant, Officer, or Attendant of the House of Peers; nor to any Member or Officer of the House of Commons; nor to the sending for any of the Persons aforesaid."

Adjourn.

House adjourned till 9^a cras.