House of Lords Journal Volume 7: 27 June 1645

DIE Veneris, 27 die Junii.

PRAYERS, by Mr. Chambers.

Ds. Grey de Warke, Speaker.

Lady Haddington, a Pass to France.

Ordered, That my Lady Haddington shall have a Pass, for herself and her Train and Baggage, with Thirteen Horses, Custom-free, for France.

Dutchess of Guise, D°. to Flanders.

Ordered, That the Dutchess of Guys shall have a Pass, to go into Flanders, with Two Horses, Customfree.

Upon reading the Petition of John Hancocke; shewing,

Hancock's Petition, to be restored to his Place of Ensign to St. Nicholas Island, and for his Arrears.

"That, (fn. 1) from the First Rise of this unnatural War, he hath faithfully served for King and Parliament; driven with his Family from a competent Estate, was settled for a Time on St. Nicholas Island; is the Man that first discovered the Treason of the Baronet Carew, and with great Danger of his Life (the greatest Part of the Soldiers being corrupted) the First that seized on him, and delivered him to safe Custody: That, (fn. 2) by the Order of the Honourable Committee for the Safety of Plymouth, Poole, and Lyme, he was established in his Place in the said Island; which Order, though shewn and pressed both to Sir John Bamfield then Governor, and likewise unto Henry Hattsell his Deputy, was by both of them slighted; and the Petitioner, not conscious to any Colour of Cause, peremptorily rejected by the said Hatsell, with the Detain of Nine Months Pay.

"Humbly prayeth their Lordships Command, for the restoring him to his said Office, and Recovery of his said Arrear, having no other Means of Subsistence; and he shall still continue ready to expend his Life and Fortune in their Lordships Service."

Upon Consideration of this Petition, this House voted as follows:

Votes upon it.

"1. Resolved, upon the Question, That the said John Hancocke be restored to his Place, as Ensign of the Island St. Nicholas.

"2. Resolved, upon the Question, The Concurrence of the House of Commons be desired in this Vote.

"3. Resolved, upon the Question, That it be recommended to the House of Commons, that the said John Hancocke have his Arrears paid him; and that he be considered for his good Service."

Message from the H. C. with Letters taken by Sir T. Fairfax at Naseby.

A Message was brought from the House of Commons, by Mr. Tate:

To present to their Lordships divers Letters of great Consequence, which were taken by Sir Tho. Fairefax' Army at the late Battle at Naseby Feild, and sent up by him.

Next, divers of the said Letters were read.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:

That they agree to the Alterations made by their Lordships in the additional Ordinance for the better taking of the Accompts of the whole Kingdom. (Here enter it.) And in the Ordinance for the punishing of Soldiers that shall depart from their Colours.

(Here enter it.)

That they have taken into Consideration the recruiting of Sir Tho. Fairefax' Army.

They agree likewise, that the Committee for the Examination of the Lord Savill should meet Yesterday in the Afternoon.

But to the Petitions of Henry Askillet and the Mariners, and of Henry Hitchins, they will send an Answer by Messengers of their own.

Ld. Savill to be brought before the Committee, and carried back to The Tower.

Ordered, That the Gentleman Usher attending this House shall bring the Lord Savill (now Prisoner in The Tower of London) before a Committee of this House, by Three of the Clock this Afternoon; and that the Lord Savill shall be returned back again this Night: And hereof the Lieutenant of The Tower is to take Notice, and yield Obedience.

Message to the H. C. with Hancock's Petition; and for a Pass for Mr. Sidney.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page; with John Hancoke's Petition, and the Votes of this House thereupon.

2. To desire their Concurrence, for a Pass for Rob't Sydney Esquire, a Son of the Earl of Leycester, to go beyond Sea.

(fn. 3) "An additional Ordinance of the Lords and Commons assembled in Parliament, for the better taking and expediting the Accompts of the whole Kingdom.

"Junii 26, 1645.

Additional Ordinance for taking the Accompts of the Kingdom.

"For the better taking the Accompts of the whole Kingdom, and the more speedy levying of such Sums of Money as are or shall be due unto the Commonwealth upon such Accompts as are or shall be determined: It is Ordered and Ordained, by the Lords and Commons in Parliament assembled, That the Committee for taking the Accompts of the whole Kingdom, and the several Sub-committees of Accompts, within their respective Limits, shall have full Power and Authority, and are hereby authorized, to issue forth Warrants to the High Constables, Constables, Petty Constables, and Headboroughs, of every Hundred, Lath, Rape, Wapentake, Ward, and to the Churchwardens of every Parish, or any of them, or to any other Person or Persons under the Degree of a Peer of this Realm, nor to any Member of the House of Commons, within the Limits aforesaid, whom they shall think meet, thereby requiring the Persons to whom the said Warrants shall be directed to make strict and diligent Enquiry in every Parish of this Kingdom, within their several Precincts, what Sum or Sums of Money, Plate, Horse, Arms, Ammunition, Houshold Stuff, Goods of all Sorts, Rents, and Profits of Lands, Wood, Provisions of all Kind, and Free Quarter, have been received, taken, collected, raised, seized, or sequestered, within the said Hundred, Lath, Rape, Wapentake, Ward, and Parish, by Way of voluntary Contribution, Tax, or otherwise, and by whom the same hath been received, taken, collected, raised, seized, sequestered, and to whom paid or delivered; and the said Persons, unto whom the said Warrants shall be directed, shall give Notice thereof in Writing, and leave, or cause the same to be left, at every House, within every respective Parish, to inform them of all such Sum or Sums of Money, Plate, Horse, Arms, Ammunition, Houshold Stuff, Goods, Rents, and Profits of Lands, Wood, Provisions of all Sorts, and Free Quarter, that have been received, taken, collected, raised, seized, or sequestered, by any Person or Persons, and by whom paid, given, or contributed, to any Person or Persons whatsoever, for the Use of the Commonwealth, by Way of Assessment or otherwise, within Fifty Days after Personal Notice left or given, under Pain that every Person or Persons who shall wilfully or negligently fail to give in such Information within the Time aforesaid, without rendering a just and reasonable Cause of his or their Failure herein, shall from thenceforth be disabled to demand the Benefit of the Public Faith, for all such Monies, Plate, Horse, Arms, Ammunition, Provisions, Contributions, Free Quarter, as he or they shall omit to inform of; and, after such Information taken by the Persons to whom the said Warrants shall be directed, the same shall be returned in Writing to the said Committee for taking the Accompts of the whole Kingdom, or unto the Sub-committee of Accompts respectively, for the better enabling them to charge the said Accomptants.

"And whereas several Sequestrations have been unwarrantably, fraudulently, and deceitfully discharged, or let or sold at Under-values, by the several Committees or Officers for Sequestrations, in the several Counties, Cities, and other Places of this Kingdom: Be it Ordained, That the Committee for the taking of the Accompts of the whole Kingdom, and the several Sub-committees for the said Accompts, respectively, shall have Power, and are hereby authorized, to enquire thereof by Oath; and if they shall find the same to be unwarrantably, fraudulently, and deceitfully discharged, undersold, or underlet, they shall further enquire by what Ways and Means, and by whom, the said Discharge, Under-sale, or Underletting, was procured; and such Person or Persons as shall be found faulty in the Premises shall make such Satisfaction to the Commonwealth, proportionable to their Offence, as the Committee of Accompts for the Kingdom, or any Five of them, shall adjudge and determine, so as the said Persons be not Peers of this Realm, or Members of the House of Commons.

"And be it further Ordained, That the said Committee for taking of the Accompts of the whole Kingdom, and the Sub-committees for the said Accompts respectively, shall have Authority, and they are hereby authorized, to enquire of all Persons whatsoever, that have or shall any Way conceal and detain the Estates, Goods, and Chattels, of any Person or Persons, sequestered or sequestrable, and shall charge them for the same as Accomptants to all Intents and Purposes, so as the said Persons be not Peers of this Realm, or Members of the House of Commons.

"And whereas several Accomptants, to whom there is no Allowance given by Act, Ordinance, or Order of One or both Houses of Parliament, demand upon their Accompts several Allowances: Be it Ordained, That the said Committee for taking the Accompts of the whole Kingdom shall have Power and Authority, and they, or any Five of them, are hereby authorized, to make such reasonable Allowances unto the said Accomptants, for their Charges and Pains, as they shall think meet; the said Allowances not exceeding a Penny in the Pound for every Pound received by such Accomptant.

"And be it further Ordered and Ordained, That every Person or Persons found in Arrear upon any Accompt, to be determined by the said Committee, or any Five or more of them, shall, immediately upon Determination of the said Accompt, and Signification or Notice thereof given to the several Person and Persons aforesaid, or left in Writing at his or their House, or usual Place of Abode, by the said Committee, or any Five or more of them, pay in, or cause to be paid, unto the Chamberlain of the City of London for the Time being, or unto such particular Treasurers as by any former Act or Ordinance are appointed to receive the same, and, in case no Treasurers are already appointed, then unto such Treasurer as shall by virtue of this Ordinance be made, in every County in this Kingdom, all such Sum and Sums of Money as shall be found and certified to be arrear, and by him or them due and owing upon their said Accompts; or otherwise give such sufficient Security for the Payment thereof, in Manner and Form aforesaid, within the Space of Forty Days next after the said Certificate, as by the said Committee for taking the Accompts of the whole Kingdom, or any Five or more of them, shall be approved of; and, for Default thereof, the said Person or Persons neglecting or refusing to pay or secure the said Sums and Arrears as aforesaid (not being a Peer, or Assistant or Officer of the House of Peers, or Member or Officer of the House of Commons) shall be committed by the said Committee, or any Five or more of them, unto such Prison as they shall think fit, there to remain, without Bail or Mainprize, until he or they shall pay in the several Sums of Money, or give such Security for Payment thereof as aforesaid; and if any such Person or Persons be Peers, or Assistants or Officers of either House of Parliament, then their Names to be certified to such House as they shall belong unto respectively, that such further Course may be taken therein as shall seem meet.

"And be it further Ordained, That if it shall appear to the said Committee, or said Sub-committees, by the Acknowledgement of the Accomptant or otherwise, that there remains any Sum of Money or Goods in the Hands or Possession of any Accomptant (not being a Peer, or Assistant or Officer of the House of Peers, or Member or Officer of the House of Commons), or any other Person or Persons to his Use, that the said Committee, or any Five or more of them, or any of the said Sub-committee, or any Five or more of them, shall, before the said Accompt determined, have hereby Power to order the Payment of the same Monies, and to make Sale of all such Goods, to the Use and Benefit of the Commonwealth, within such Time as shall be by them limited, or, in Default thereof, to proceed against the said Accomptants, as in the precedent Clause is directed, against such Persons whose Accompts are determined.

"And be it further Ordained, That if it shall appear, by Proof, to the said Committee of Accompts, or any Sub-committee of Accompts, that any Person or Persons, who is accomptable by virtue of the Ordinances for taking of the Accompts of the whole Kingdom, or any of them, shall go about or endeavour to depart the Kingdom, or convey away, hide, or obscure, his or their Estates, to prevent the Payment of what shall be found justly due from him or them unto the Commonwealth, that then the said Committee of Accompts, or Sub-committee, in every County, or any Five or more of them respectively, shall and may, by Warrant under their Hands, to be made to such Person or Persons as they shall think fit, cause the Person and Estate of such Person or Persons (not being a Peer, or Assistant or Officer of the House of Peers, or Member or Officer of the House of Commons), to be seized and secured, until such Time as he or they shall put in good and sufficient Security, to be taken by the said Committee, or Sub-committee, or any Five or more of them respectively, that he or they shall and will truly pay and satisfy all such Sum or Sums of Money as shall be found due from him or them unto the Commonwealth, upon the determining of his or their Accompts.

"And be it further Ordained, That if any Person or Persons (not being a Peer, or Assistant or Officer of the House of Peers, or Member or Officer of the House of Commons) shall be found indebted and arrear upon the Foot of his or their Accompt, and shall be imprisoned, or otherwise absent himself from the Place of his usual Abode or Dwelling, by the Space of One Month after Notice of his or their Arrear given according to this Ordinance, that then the Committee for taking the Accompts of the whole Kingdom, or Sub-committees respectively, shall and may send for any Person or Persons, in whose Hands, Power, or Knowledge, the Estate Real or Personal of such Person so sound in Arrear shall be, and examine the said Person or Persons upon Oath (which, by virtue of the said Ordinances, the said Committee or Sub-committee respectively shall have Power to administer), for the Discovery of the Estate, Real or Personal, of such Person or Persons so indebted; and, having discovered the same, the said Committee of Accompts, or any Five or more of them, shall have Power to nominate some fit Persons, who shall hereby have Power, and are authorized, to seize and make Sale of the Estate Real and Personal, Rights, and Credits, of such Person so sound in Arrear, in as ample Manner as is usual in the Case of Bankrupts, the said Sale to be by Deed inrolled in the Court of Chancery, and to be good and effectual in Law, to all Intents and Purposes, against the said Party so found in Arrear, and all claiming by, from, and under him, without good and valuable Consideration; and to cause such Monies so raised to be paid to the respective Treasurers in this Ordinance named.

"And be it further Ordained, That the Sub-committee of every County of this Kingdom, or the major Part of them, shall from Time to Time have Power and Authority to name One fit and able Person, in every County, to be Treasurer of that County; and the said Person, so named, being approved of and allowed by the Committee for taking the Accompts of the whole Kingdom, shall receive the several Sums of Money that shall be sound arrear from any Person or Persons within the said County, and shall disburse the same, as the same is, or shall be, Ordered by the Houses of Parliament; and the said Treasurer shall exhibit, upon his Oath, unto the said Sub-committee, a Bill of such necessary Charges as he shall be at, in the receiving, paying, carrying of the Money received by him, according to Direction of such Order or Orders; which Charges, so by him disbursed, he shall and may lawfully retain, upon his Allowance of the said Bill.

"And be it further Ordered and Ordained, by the Authority aforesaid, That, if any Person or Persons shall find him or themselves aggrieved with the Determination of any such Accompt as aforesaid, then every such Person and Persons so aggrieved, after he or they have deposited, or sufficiently secured in such Sort as the Court of Chancery shall think fit, such Sum and Sums of Money as are sound in Arrear, and by him or them due and owing, upon his or their said Accompt, unto the Chamberlain of the City of London for the Time being, shall and may, within Thirty Days after such Accompt shall be determined, and Notice thereof to him or them given or left, and such Payment or Securing of the said Money as aforesaid, exhibit his or their Appeal into the Court of Chancery, for Redress therein; and that, upon the said Appeal, the said Court of Chancery may, by such Ways and Means as to the Lord Keeper or Commissioners of the Great Seal for the Time being shall seem meet (the Circumstances of the Case considered), within Six Months after the Delivery of the said Appeal, in a summary Way, without Formality of Proceedings, proceed to the Examination, Hearing, and Determining thereof; and, upon Hearing thereof, shall and may add or diminish, alter, or enlarge, the said Determining of the said Accompt, as to them shall be thought to stand with Equity and good Conscience; and shall and may tax and award such Person and Persons as they shall find to complain or appeal without any just or reasonable Cause, to pay such Costs and Sums of Money as they in their Discretions shall think fit, to the Use of the Commonwealth, unto the Chamberlain of the City of London aforesaid; and, for Neglect or Refusal thereof, to commit the said Person or Persons to Prison, until they shall pay the same; and that the said Sums of Money, so paid unto the Chamberlain of the City of London upon the said Appeal, shall not be disposed of until the said Appeal be determined; and so much shall be adjudged against the Appellant to be paid unto such particular Treasurers as are appointed to receive the same as aforesaid, or to be disposed as by Order of the said Houses of Parliament shall be appointed and directed; and the Party that shall prosecute the Suit for the Commonwealth shall have full Costs allowed unto him, in case he that shall appeal shall not prevail upon his Appeal.

"And further it is hereby Ordered and Ordained, by the said Lords and Commons, That all Persons employed, or to be employed, in taking of the said Accompts, by virtue of the aforesaid Ordinances, their and every of their Officers and necessary Attendants, and their and every of their Horses, shall be free from pressing; and shall not be seized or taken, by virtue of any Order or Ordinance, for the Service of the State, so long as they, or any of them, are employed in or about the taking of the said Accompts.

"And be it further Ordained, That the Officers and other Persons employed by the several Sub-committees, in each County and City, shall have such reasonable and fitting Allowances as shall be thought fit by the said Sub-committees, or the major Number of them, and shall be approved of by the Committee for taking the Accompts of the whole Kingdom, or any Five of them.

"And be it further Ordained, That if any Person or Persons (not being a Peer of this Realm, Assistant or Officer of the House of Peers, or Member or Officer of the House of Commons), that shall be summoned to appear before the Committee for taking the Accompts of the whole Kingdom, or the said Sub-committees respectively, shall wilfully neglect or refuse to appear before the said Committee or Subcommittee, and shall afterwards for such his Neglect or Refusal be sent for, and attached by their Messenger or Messengers; that, in such Case, it shall and may be lawful for the said Messenger, so attaching the said Person or Persons, to take of every such Person the Sum of Two Pence, for every Mile he shall go or ride for the said Person or Persons so offending, and Twelve Pence for the Attachment of the said Person offending.

"And be it further Ordained, That it shall and may be lawful for the Register, Accomptant, or Clerk, to the said Committee for the taking of the Accompts of the whole Kingdom, and their Subcommittees respectively, to take from every Person that shall be sound in Arrear Three Pence for every Sheet that shall be written of every Examination or Accompt, and Twelve Pence for every Order which the said Person so sound in Arrear shall desire to have written or copied out for his Benefit.

"And be it further Ordained, That the said Committee for the taking of the Accompts of the whole Kingdom, and the said Sub-committees respectively, or any Two of them, shall have Power and Authority to administer to every Register, Accomptant, Messenger, or other Officer or Person employed, an Oath for their and every of their faithful Demeanor; the Tenor whereof followeth:

"I, A. B. do swear, That, according to my best Skill and Judgement, I shall faithfully, diligently, and truely demean myself in the Office of, or other Employment wherein I shall be employed by the Committee for the taking of the Accompts of the whole Kingdom, or by any Sub-committee for taking of the said Accompts.

"And it is further Ordained, That the Sub-committee of Accompts of each respective County and City, or any Five or more of them, shall have full Power and Authority to send into any other County or City, and to cause all Persons accomptable for any Monies or Goods received or taken in the County of which they are Sub-committees (not being a Peer, Assistant or Officer of the House of Peers, or Member or Officer of the House of Commons) to appear before them, for the Examination of their former Accompts, according to this and the several Ordinances, unless the Committee for taking the Accompts of the whole Kingdom shall give Order to the contrary.

"And be it further Ordained, That if any Person or Persons, named, or to be named, of any Sub-committee of Accompts, or which shall be named Treasurers according to this Ordinance, shall refuse to take upon them the said respective Employments, or to take the National Covenant; upon Certificate of the several Names to the House of Commons, by the Committee for taking the Accompts of the whole Kingdom, they shall receive such Punishment as the High Court of Parliament shall think fit.

"Junii 26, 1645.

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

"Hen. Elsynge,

"Cler. Parl. Dom. Com."

(fn. 4) "An Ordinance of the Lords and Commons assembled in Parliament, enabling Commissioners in several Counties to execute Martial Law upon all such Persons as run away from their Colours.

"Die Veneris, 26 Junii, 1645.

Ordinance to prevent Desertion from Sir T. Fairfax's Army, by Execution of Martial Law on Delinquents.

"Whereas divers Men, who have been lately levied and imprested for Soldiers, within the several Counties of Essex, Kent, Middlesex, Sussex, Surry, Suffolk, Norfolk, Hertford, Huntington, Isle of Ely, Cambridge, Bedford, and within the Cities of London, Westminster, Norwich, and Canterbury, for the recruiting of the Army under the Command of Sir Thomas Fairfax, after such Time as they have received Prest-money, daily run away and depart from their Colours, to the great Prejudice of the Public Service, and, unless some timely Course be taken therein, it may encourage others that are necessary to be imprested for the Service of that Army to do the like: For the due Punishment of such as have, or shall hereafter run away, being imprested for that Army, and that Execution may be done within the several Counties and Cities before-mentioned, to the Terror of all others; it is Ordained, and be it Ordained, by the Lords and Commons in this present Parliament assembled, That the respective Committees of the said Cities and Counties, or any Twelve or more of them respectively, upon Complaint made, or Notice given, by any of their own Company, or by any others, of any Person, that, having been imprested to serve the Parliament, by virtue of, and according to, the Ordinance of Parliament in that Behalf made, shall, after his being so imprested, run away; the said Committees, or any Twelve or more of them respectively, shall have Power, and are hereby authorized, to examine, hear, and determine the said Offences, within the Cities and Counties respectively; and, upon Proof of any such Offence by Two Witnesses upon Oath, to proceed to the Condemnation and Execution of all such Person and Persons as shall offend as aforesaid, and to inflict upon them such Punishment, either by Death or otherwise Corporally, according to the Laws, Articles, and Ordinances of War now in Force, by Approbation of both Houses of Parliament, and according to such further Instructions as they shall receive from both Houses of Parliament, as the said respective Committees, or the major Part of them there present, shall adjudge to appertain to Justice; and the said respective Committees, or any Twelve or more of them, are hereby likewise authorized to minister Corporal Oaths to all Witnesses, and them to examine upon Oath, either before or at the Trials, as the Cases may require; and the said Commissioners, or any Two or more of them, are hereby enabled to send their Warrants for any Delinquents or Witnesses, the said Witnesses not being Peers of this Realm, nor Assistants nor Officers of the House of Peers, nor Members nor Officers of the House of Commons, into any Place whatsoever, and commit to Prison all such as shall be refractory or misbehave themselves; and the said respective Committees are hereby enjoined to proceed with all Diligence in putting this Ordinance in Execution.

"And it is hereby further Ordained, That all Mayors, Bailiffs, Sheriffs, Justices of Peace, and other inferior Officers whatsoever, shall be aiding and assisting to the said Committees, in the Execution of the Premises; and that the said Commissioners, and every of them, and all and every other Person and Persons that shall be aiding and assisting to them in the Execution of the Premises, shall be protected, and for ever saved harmless, by the Authority and Power of both Houses of Parliament.

"And it is lastly Provided, That this present Ordinance, and the Authority hereby given, shall endure, and have Continuance, for Six Months from the making hereof, and no longer.

"Hen. Elsynge,
Cler. Parl. Dom. Com."

Adjourn.

House adjourned till 9^a cras.