DIE Mercurii, 3 die Septembris.
PRAYERS, by Mr. Valentine.
Ds. Grey de Warke, Speaker.
The Lord North reported a Paper from the Committee of the Admiralty; which was read, as follows:
"Die Sabbati, 30 Aug. 1645.
Free Trade to be considered.
"At the Committee of Lords and Commons for the
Admiralty and Cinque Ports.
"Ordered, That Report be made to both Houses,
from this Committee, That they conceive it would
be a good Service to the Public, to give a speedy
Resolution in the Matter of Free Trade; divers
Things being now before this Committee, which depend upon the Parliament's Resolution in that Matter;
"Ordered, That, upon this Occasion, the Committee for Foreign (fn. *) Affairs do meet, and take into
Consideration this Report, and the Report from the
Committee of both Kingdoms concerning Free Trade,
and do therein what shall appertain to that Business,
and report the same to this House; and the Concurrence of the House of Commons desired herein."
Letter to be written to Sir T. Fairfax, to prevent his receiving any Deserters from Col. Massey.
The Lord Robertes reported from the Committee of
the West, "That they desire a Letter may be written
to Sir Thomas Fairefax, representing the great Inconveniency that hath and will daily grow, by entertaining into his Army any of the Soldiers belonging properly to Colonel Massey, who are apt daily to run
from him, notwithstanding their best Endeavour to
pay him; and to desire that Sir Tho. Fairefax will
in the future take effectual Course, and give Command to the contrary."
This House approved of this Report; and accordingly a Letter was presently drawn, read, and approved
of, and Ordered to be sent to the House of Commons,
for their Concurrence.
Ordinance concerning Wives, &c. of Delinquents.
The Ordinance was read, concerning the Wives and
Children of such as are Delinquents, and allowing them
a Fifth Part.
Capt. Axtell's Petition, to be freed from an Arrest.
Upon reading the Petition of Tho. Axtell, Captain;
complaining, "That he being commanded by the Earl
of Essex to go from Teverton, into Wales, and there
served under Major General Langhaun, who commanded him to conduct a Prisoner to the Parliament;
and, since his coming here, was arrested upon a Bill
of Midd. and committed to Newgate."
It is Ordered, That the said Axtell shall be brought
to this House To-morrow Morning, and the Party at
whose Suit he was arrested shall be then present; and
then this House will give further Directions in this Business.
Message to the H. C. about the following Particular.
A Message was sent to the House of Commons, by
Doctor Aylett and Doctor Heath:
1. To desire their Concurrence in the Letter to be
sent to Sir Tho. Fairefax.
2. To desire their Concurrence in the referring the
Papers concerning Free Trade to the Committee for Foreign Affairs.
Papers from Ld. Wharton in Scotland.
A Letter, directed to the Speaker of this House, was
read, written from the Lord Wharton; also divers other
Papers were read, concerning the Affairs of Scotland.
(Here enter them.)
Declaration to be drawn, that the E. of Carlisle is cleared from his Delinquency.
The House being informed, "That the King hath
put a new Governor into the Island of St. Christopher's, belonging to the Earl of Carlile; the Inhabitants there do look upon his Lordship as a Person
sequestered by the Parliament, whereby his Lordship
Hereupon it is Ordered, That a Declaration be
drawn up, to certify that his Lordship's Sequestration is
taken off, and that he stands right in the Judgement of
Wheeler versus Chapman and Lane, about Monies deposited in the Court of Requests.
Upon reading the Petition of Abraham Wheeler; shewing, "That Joseph Balls and he are agreed, and the
Monies formerly paid into the Court of Request
are to be paid by Agreement to the Petitioner; but
Mr. Chapman, late Register of that Court, hath been
served with the Order of this House, and refuseth
to yield Obedience thereunto; and that Mrs. Lane,
Executrix to Wm. Lane, hath been served with the
said Order, but puts it off as a Thing she is ignorant
of, and marvels Mr. Chapman should put it upon
Hereupon this House Ordered, That the said Mr.
Chapman and Mrs. Lane shall have Notice to appear
before this House, on Tuesday come Fortnight, and
shew Cause why they do not pay the Money formerly
deposited in the Court of Requests, according to the
Order of this House; and the same Time the Petitioner
likewise shall be heard.
Ordinance for the Committee of both Kingdoms to grant Commissions of Martial Law.
Next, the Ordinance brought Yesterday from the
House of Commons, to give Power to the Committee
of both Kingdoms to grant Commissions of Martial Law
to such Places and Counties as shall be desired by the
Committees of the Associations, &c. was read.
Answer from the H. C.
Doctor Aylett and Doctor Heath return with this Answer from the House of Commons:
That they will send an Answer by Messengers of their
The Lords went to the Conference; and the House
was adjourned during Pleasure.
The House being resumed;
Report of the Conference, about the Ordinance for selling Delinquents Estates.
The Speaker reported the Effect of the said Conference: "That they sent up an Ordinance for selling
of Delinquents Estates, which is of great Importance,
and have sent up several Messages to put their Lordships in Mind of it; but, hearing nothing from their
Lordships, they have desired this Conference, to let
their Lordships know of the Necessity of raising great
Supplies of Monies; and there is no other Way, because the Excise is anticipated, and His Majesty is
advanced towards Bristoll, and the Forces as are
marched out of Lyncolneshire cannot be kept together
without Supplies of Monies; and there being no other
Means left for raising Supplies, they desire their Lordships would pass the said Ordinance."
Ordered, That the said Ordinance for selling of
Delinquents Estates shall be considered of To-morrow
Morning; and the Lords absent are to have Notice, to
be present To-morrow.
Ordinance to continue Mr. Stephens Sheriff of Gloucester.
An Ordinance was presented to the House, for continuing Tho. Stephens Esquire to be High Sheriff for
the County of Gloucester, which was read Thrice, and
approved of; and Ordered to be sent to the House of
Commons, for their Concurrence.
Letter from L. Howard at Berwick, with a Paper from some of the Scots Commissioners there.
"For the Right Honourable the Lord Grey of
Warke, Speaker to the House of Peers pro
"May it please your Lordships,
"We have endeavoured by all possible Ways and
Means to get a Committee together, that so we might
proceed in their Affairs we have in Charge (as you
may perceive by the Copies here inclosed of several
Letters for that End). Yesterday the Lord Chancellor, Marquis of Argile, the Earl of Crawford, and
Lanricke, and Mr. Robert Meldrum, came unto us,
and declared that those appointed by the Parliament
to treat with us were so severed by the late sad Accident, and the Distractions of the Country necessarily requiring the Presence of some of them, that
they could not possibly for the present procure a Committee to meet; but they would endeavour it all
they could, and did hope in a few Days to accomplish it. The Chancellor was pleased to tell us, that
the Necessity of their Affairs required his speedy
Repair to the nearest Part of their Army; and that
it was thought fit by the Committee of Estates he
should go to their main Army, and from thence to
the Parliament; and withall desired that (fn. *) we would
represent unto the Houses and our particular Friends
their present Desire and Necessity of a Conjunction
of Arms and Councils, in this Time of imminent
Danger; and though we did not meet as Committees, because they could not make up their Number, nor had we Instructions concerning this Business, it was very earnestly pressed that some Use
might be made of this Meeting, and that what they
thought might help them in this great Necessity
should be represented to the Consideration of both
Houses; and, lest any Mistake should arise, it was,
after some Discourse, thought fit by them, ( (fn. †) only
by Way of Memorial, and not as a formal Paper)
to set it down in Writing, which we send here inclosed as we receive it from them, that so the House
may be the better prepared to give Dispatch unto
the Lord Chancellor, when he shall make his Address to them.
"Mountrosse hath raised a Sum of Money in Glascoe,
and lies with the Main of his Army about Hamilton.
His Horse are about Lithcoe, and some of his Scouts
near Edinburgh. The Magistrates of the Town have
delivered the Earl of Crawford and Ogleby unto him;
and it is feared that the rest of the Prisoners there
may follow. We resolve to stay here till we (fn. *) hear
whether a Committee can possibly be got together
or no; and expect to receive your Lordships further
Order, for Liberty to treat at Barwick, or such other
Place as may be found most convenient. I rest
Barwick, 27th August, 1645.
"Your Lordships humble Servant,
Paper from some of the Scots Commissioners in the North, desiring Assistance against the M. of Montrose.
"The present Posture of our Affaires here requires Assistance and Forces from England, for repressinge the Rebells and their Adherents, as common Enemyes to both Kingdomes and the Cause
wherein wee are engaged; for which End, the Committee of Estates have directed the Lord Chauncellor speedily to repaire to our Scotts Army and
the Honnorable Houses of the Parliament of England; and beinge most desireous, according to the
mutuall Interest and Obligations of both Kingdomes,
that the Warrs may bee carryed on by the joynt
Counsells and Forces of both, it is desired that
your Lordships, and those noble Gentlemen employed from the Houses of Parliament as Commissioners
to this Kingdome, would concurre with us, for procureing our just Demaund, and for the greatest Expedition; the Forces of the Northerne Association
under the Commaund of Colonel Generall Poines and
Colonel Rossiter may march presently hither, with
the Forces now commaunded by Leiuetenant Generall
Lesly; and our Forces now aboute Hereford may
march, for supplying and secureing these Northerne
Countyes, and opposeinge the Attempts of the Enemy
there; for the better effectuating hereof (which cannott admitt Delay), that you would bee pleased to send
One of your Number to your Northerne Forces, and
the Houses of Parliament, who will more fully represent the Necessity hereof then can bee done by
Letter from the Committee of Parliament at Barwick to L. Lauderdale, to know the Condition of his Army in Scotland.
"Upon our Arrival at Barwick this Evening, we
met with a Letter directed to us, bearing Date 4th
August present, from the Parliament of Scotland, intimating their Desires, that we should stay at Barwick; and that they would either send a Committee
to meet us there, or appoint some other Place where
their Committee and we might meet and treat; and
being informed by Mr. Thompson of the late unhappy Accident in Scotland, and that your Lordship
being at Tantallon is the nearest; we have thought
fit to address ourselves to your Lordship, to desire
certain Intelligence of the Condition of Affairs with
your Army there; and your Lordship's Advice, where
we may have a Meeting with the Committee appointed to treat with us; which is all we have at present,
save to assure your Lordship we are,
Barwick, Aug. 16th, 1645.
"Very affectionate Friends and Servants,
"P. W. H. V.
"W. A. T. H. R. G.
"For the Lord Lauderdaile, at Tantalon."
Letter from the L. Chancellor of Scotland & al. to the Committee at Berwick, that they will send Commissioners there.
"My Lord and Gentlemen,
"Wee have seene your Letter to the Lord Chauncellor, desireinge a Meetinge, and are very sorry it
hath bin delayed soe longe; but seeing wee neither
have a Quorum of those appointed by the Parliament to treate with you, nor yet the Commission
giveinge them Power, wee must intreate your Patience
for some few Dayes; in the meane Tyme, wee have
sent for the Persons and the Commission; and as
soone as they come (which shal bee with all Dilligence),
you shal bee advertised by
"Your very affectionate Freinds and Servaunts.
"To the Right Honnorable Phillip Lord
Wharton, Sir H. Vane, Sir Will'm Armyne, Tho. Hatcher, and Robert Goodwin, Esquires. These, at Barwick.
"A Coppy of a Letter from the Lord
Chauncellor M. of Argile, the
Earles of Crawford and Lanerick,
and Mr. Robert Meldrum."
Letter from the Committee at Berwick, to hasten the coming of the Commissioners.
"Upon the Receipt of your Lordships of this Instant, we perceive you have sent for the Persons that
are to meet with us, and the Commission by which
they have Power; but finding therein no Time or
Place appointed, we earnestly desire, seeing so
many of your Lordships are here together, that a
Certainty in both may be condescended upon, for
the speedy Dispatch of such Things as we have in
Command, for the Good and Service of both Kingdoms; and so we rest
Very affectionate Friends and Servants.
"For the Right Honourable the Earl of
Lowthen Chancellor, M. of Argile,
Earls of Crawford and Lennerick, and
Mr. Rob't Meldrum. These, from
the English Commissioners."
"Die Mercurii, 3 Sept. 1645.
Ordinance to raise Monies in the Eastern Association, including the Counties of Essex, Suffolk, Norfolk, &c. for Defence of the Garrisons there.
"An Ordinance of the Lords and Commons
assembled in Parliament, for the Maintenance
and Pay of the Garrisons of Newport Pagnel,
Bedford, Lyn Regis, and other Garrisons in
the Eastern Association.
"Whereas, by a former Ordinance, made in or
about the Eighteenth of December, 1643, it was Provided and Ordained, That the Town of Newport
Pagnell, in the County of Buckingham, should be
fortified, and the Garrison there maintained, at the
Charges of several Counties near adjoining; but no
Provision is thereby made for the Garrisons of Bedford, in the County of Bedford; of Huntington, in the
County of Huntington; of the Castle of Cambridge,
in the County of Cambridge; or Lyn Regis, in the
County of Norfolk; and at present there is no Provision or Maintenance made for the said last recited
"The Lords and Commons in Parliament assembled, taking into their serious Consideration how the
said Garrisons may for the Time to come be maintained, and have constant Pay provided for the Officers and Soldiers of the said Garrisons, have Ordered, and be it by Authority of Parliament Ordained,
That the said Ordinance, made in or about the 18th
of December, 1643, for the maintaining the said Garrison of Newport Pagnell, be repealed, and made
void, from the First Day of June, in the Year of our
Lord God 1645: And the said Lords and Commons do further Declare and Ordain, That, for the
maintaining the said Garrisons of Newport Pagnell,
Bedford, Huntington, Castle at Cambridge, and Lyn
Regis, from the said First Day of June, 1645, there
shall be Monthly raised, within all the Counties,
Cities, and Places hereafter named, the Monthly
Sum of Three Thousand Seven Hundred Forty and
Six Pounds, the same to be assessed, raised, and levied, within the said Counties and Cities respectively,
in Manner and Form following; videlicet,
"In the County of Bedford, the Monthly Sum of
One Hundred Seventy-three Pounds, and Three
"In the County of Hertford, the Monthly Sum of
Two Hundred Ninety-seven Pounds, Sixteen Shillings, and a Penny.
"In the County of Cambridge, the Monthly Sum
of Two Hundred Forty-five Pounds, Six Shillings,
and Eight Pence.
"In the Isle of Ely, the Monthly Sum of Ninety
Pounds, seventeen Shillings, and Eleven Pence.
"In the County of Huntington, the Monthly Sum
of One Hundred Thirty-nine Pounds, Sixteen Shillings, and Seven Pence.
"In the County of Norfolk, the Monthly Sum of
Eight Hundred Sixty-six Pounds, Nineteen Shillings,
and Five Pence.
"In the County of Suffolk, the Monthly Sum of
Eight Hundred and Fifteen Pounds, Eleven Shillings,
and Nine Pence.
"In the County of Essex, the Monthly Sum of Seven
Hundred and Fourteen Pounds, Four Shillings, and
"In the County of the City of Norwich, the Monthly Sum of One Hundred Pounds, Thirteen Shillings,
and Seven Pence.
"In the County of Northampton, the Monthly Sum
of Two Hundred Pounds.
"In the County of Buckingham, the Monthly Sum of
"And it is also Ordained, That the First Month
and Time of Payment shall begin, and be accounted,
from the First Day of June, in the Year of our Lord
1645; and to continue for the Space of One whole
Year next after the First of June last past.
"And it is further Ordained, by the said Lords and
Commons, That the several Lords Lieutenants of
the respective Counties of the Eastern Association
shall be, and are hereby appointed to be, of the
Committee of the said Association; and that the several Sums of Money Monthly raised within the said
Counties shall be employed and disposed of, for the
Maintenance and Pay of such and so many Officers,
within the said several Garrisons, as by the said Committee for the Eastern Association shall be nominated and appointed; and also for the Maintenance of
the several Soldiers within the said several Garrisons,
as hereafter followeth; videlicet,
"At Newport Pagnell, Eight Hundred Foot and
One Hundred and Twenty Horse; at the Town of
Bedford, Eighty Foot and Forty Dragoons; at the
Town of Huntington, Eighty Foot and Forty Dragoons; at the Castle of Cambridge, One Hundred and
Twenty Foot and Ten Horse; which said Horse
(fn. *) are to be ordered and directed by the said Committee of the Eastern Association; at the Town of
Lyn Regis, One Thousand Foot, whereof Three Hundred are to be sent to Baston, for the better securing
of that Garrison, as they shall be ordered and directed by both Houses of Parliament, or the Committee of both Kingdoms, or by the said Committee
of the House of Commons for the Eastern Association.
"And be it further Ordained, That the said Committee for the said Eastern Association shall and may,
from Time to Time, nominate and appoint such
Person and Persons, to be Treasurer and Treasurers,
for the receiving and paying such Sums of Money,
to be raised within the said Counties as abovesaid,
as they shall think fit; and that the several Collectors and other Persons, within the said several
Counties, do pay all Monies by them received, and
to be received and collected by virtue of this Ordinance, to such Treasurer or Treasurers, so to be
named and appointed as aforesaid.
"And be it further Ordained and Declared, That
all the Sums of Money to be assessed and raised by
virtue of this Ordinance shall be wholly employed
in the maintaining and paying the Officers and
Soldiers of the said Garrisons, and in and about
the said Garrisons, and necessary Preservation of
them, and to no other Use whatsoever; and that
the said Treasurer and Treasurers shall issue forth
and pay no Sum of Money but for the Uses and Intents aforesaid, and that by Warrant and Order in
Writing to be, from Time to Time, had and made
from the said Committee for the Eastern Association,
under Five or more of their Hands; which said
Committee are to issue forth no Order or Warrant,
but for the Uses and Intents aforesaid, other than
in Allowances of necessary Fees and Charges to
Treasurers, Collectors, and other Persons employed in the collecting, raising, and paying of the said
Monies; which said Treasurers, Collectors, and other
Persons, are to have no greater Fees or Allowances
than is allowed to the Treasurers, Collectors, and
other Persons appointed for the collecting the several
Sums of Money raised by the several Ordinances of
Parliament for the Payment of Sir Thomas Fairfaxe's
"And it is further Ordained, by the Authority aforesaid, That, for the assessing, levying, and raising, the
several Monthly Sums aforesaid, upon the several
Counties aforesaid, the Committees, or any Three or
more (fn. *) of them, of the several Counties of Norfolk,
Suffolk, Essex, Cambridge, Isle of Ely, Huntington, Northampton, Bedford, Buckingham, and City of Norwich,
respectively, already established and appointed by
Parliament, for the assessing, raising, and levying, the
several Sums of Money, for the Payment of the Army
under the Command of Sir Thomas Fairfax, shall
and may have Power to nominate Assessors, Collectors, and other Officers and Persons, for the assessing, raising, collecting, and levying, the Monthly
Sums of Money, within the said several Counties,
Cities, and Places; and shall have Power to assess,
tax, raise, collect, and levy, the said several Sums
of Money, within the said respective Counties, with
the best Equality they may, upon each Parish, Township, or Place, within the said several Counties; and
shall and may send forth their Warrants to the High
Constables, or such other Persons as they, or any
Three of them, shall think fitting, for the rating, assessing, and collecting, of the several Sums taxed or
rated upon the said several Parishes, Townships, and
Places; which Sums, so rated and taxed, to be raised by Distress and Sale of the Goods of all and singular such Persons as shall refuse or neglect, after
lawful Demand, to pay their Proportions so rated
upon them by Warrant under the Hand of any Two
or more of the said Committees respectively; and if
any Person shall find himself grieved by any such
Tax, that such Person, upon Complaint to the said
Committees, or any Two of them respectively, if they
shall think fit, shall be relieved in such Sort as they,
or any Two of them respectively, shall find reasonable, provided that such Complaint be made within
Six Days after Notice of his said Tax; and if any
Person or Persons, within the said respective Counties, which, by virtue of this Ordinance, shall be
rated to pay any Sum or Sums of Money, shall obstinately refuse to pay the same, and if no Goods of
such Person or Persons can be found whereby he
may be distrained for Payment thereof, that then it
shall be lawful to and for the said Committees, or
any Three or more of them respectively, to cause
such Person, not being a Peer of this Realm, or Assistant of the House of Peers, so refusing or neglecting, to be imprisoned, and there to be detained
and kept, until he or they shall pay their said Rates
"And it is further Ordained, That for the better
raising of the said several Sums of Money within
the said several Counties, that all Person and Persons,
Bodies Politic and Corporate, all Manors, Lands,
Tenements, Rents, and Hereditaments, Goods, and
Chattels whatsoever, within the said Counties, that
are liable and chargeable with the Taxes and Payment of any Money, for the Payment of the said
Army under Sir Tho. Fairfax within the said Counties, are and shall be liable to the Payment of the
said several Sums to be raised by virtue of this Ordinance; and the said Committees of the said several Counties, or any Three or more of them, shall
and may do and execute all such Power and Authority, for the raising of the said several Sums of
Money, to be raised within the said Counties, by
virtue of this Ordinance, as to them, or any Three
of them, is given by virtue of the said Ordinances
for the Payment of the Army under the Command
of Sir Tho. Fairfax, upon all Persons, not being
a Peer of this Realm, or Assistant of the House of
Peers; and shall and may give such Allowance and
Allowances to Officers, and fine and imprison, except as aforesaid, such as shall neglect or refuse their
several Duties and Offices, in such Sort and Manner as in and by the said Ordinance for the Payment of Sir Tho. Fairfaxe's Army is appointed.
"And it is further Ordered and Declared, That
all Sum and Sums of Money not yet assessed, collected, or paid, from the several Counties named in
and by the said Ordinance, made in or about the 18th
of December, 1643, for the erecting and maintaining
of the Garrison of Newport Pagnell, until the said
First Day of June, 1645, shall and may be forthwith assessed, collected, and paid, in such Manner,
and by such Person and Persons, as in and by this
Ordinance is appointed and declared, unto the said
Treasurer and Treasurers, to be appointed by virtue
of this present Ordinance; which said Sums of Money shall be paid and disposed, for the Payment and
Discharge of the Billet and Quarter due by the
Officers and Soldiers of Newport Pagnell, unto the
Inhabitants of Newport Pagnell, and Three Hundreds of Newport, and other Towns and Places near
adjoining; and, after such Quarter and Billet first
paid, then the Remainder and Overplus (if any be)
to such Person and Persons as by the said Committee for the Eastern Association shall be appointed
"And it is further Ordained and Declared, That
the said Committee for the Eastern Association shall
and may, from Time to Time, cause Musters to be
taken, within the said Garrisons, so often as they
shall hold sitting; and that they shall and may nominate and appoint such Person and Persons as they
please, to take such Musters.
"Ordered, by the Commons assembled in Parliament, That this Ordinance be printed and published.
"H. Elsynge, Cler. Parl. D. Com."
House adjourned till 9a cras.