House of Lords Journal Volume 7
29 September 1645

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1767-1830

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'House of Lords Journal Volume 7: 29 September 1645', Journal of the House of Lords: volume 7: 1644 (1767-1830), pp. 606-613. URL: http://www.british-history.ac.uk/report.aspx?compid=33409 Date accessed: 21 August 2014.


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Contents

DIE Lunæ, 29 die Septembris.
Answer from the H. C. Ordinance to he drawn, to appoint a Curstor Baron of the Exchequer. Col. Thomson's Petition, to be Exigenter for London. Reduced Officers Petition for their Arrears. Cannon's Ordinance for making Guns, &c. E. of Suffolk's Cause. Order for the Thanksgiving to be published. Ordinance to appoint a Cursitor Baron of the Exchequer. Message to the H. C. with it; and Cannon's Ordinance; and with the Reduced Officers Petition. Jennings and Dawes. Ordinance for Covent Garden Church to be Parochial. Ordinance for Norfolk to be a Serjeant at Arms. Message from the H. C. with Names of Tryers for the Classis of London; and with Ordinances, &c. Answer. Answer from the H. C. Mr. Holland's Ordinance for a Lease of Creslowe. Message from the H. C. with a Letter from Col. Poyntz, giving an Account of his Victory; and with an Amendment to the Ordinance for appointing a Cursitor Baron. Answer. Message to the H. C. about the following Particulars. Order for 500 l. to Sir J. Merrick, Part of his Arrears. Order for 10,000 l. for the Forces in Chester, &c. Order for Sir J. Trevor, &c. to be added to the Collection of the Duty on Coals at Newcastle. Ordinance for Mr. Tomlins to be Cursitor Baron of the Exchequer. Letter from Col. Poyntz, giving an Account of his Victory over the King's Forces near Chester. Further Account of the Action. Prisoners taken by Col. Poyntz, and Officers slain. Votes concerning the Power of the Eldership. Ordinance for the further Supply of the British Army in Ireland, by Mr. Davies. Adjourn. Footnotes

DIE Lunæ, 29 die Septembris.

Prayers, by Mr. Sedgwicke.

Ds. Grey de Warke, Speaker.

Comes Kent.
Comes Essex.
Comes Denbigh.
Comes Northumb.
Comes Midd.
Comes Pembrooke.
Comes Rutland.
Comes Warwicke.
Ds. Howard.
Ds. Willoughby.
Ds. Robertes.
Ds. Mountague.
Ds. Bruce.
Ds. North.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this (fn. *) Answer from the House of Commons to the Message sent on Saturday last:

That they agree to the Alterations in the Ordinance concerning the Supply of the Armies in Ireland: (Here enter it.) As to the rest, they will send an Answer by Messengers of their own.

Ordinance to he drawn, to appoint a Curstor Baron of the Exchequer.

The House being informed, "That Mr. Baron Trevor being sick, and so will not be able to do the present Business in the Court of Exchequer, there being no other Judge but himself which adheres to the Parliament; and that To-morrow the Court of Exchequer (fn. †) doth open, according to the constant Course Time out of Mind; and the Proffers of Sheriffs and others are to be, by them or their Attornies, brought in that Day, and examined by the Barons; and those that make Default to have Day given, or be amerced; and also the new Sheriffs of London to be presented that Day, by the Lord Mayor and some of the Aldermen of London, to the said Court, and to be allowed by that Court; and the old Sheriffs are to be sworn to make their Accompt for the Year preceding: This being an extraordinary Case, the like whereof hath not happened in the Time of the Ancient Clerks in that Court, neither are there any Precedents of the like Nature; and that these Things for the Space of Three or Four Hundred Years (fn. ‡) were never omitted to be done; and that none but One of the Barons of the Court (fn. ||) of Exchequer, or One invested with the Power of the Exchequer, can perform these Things:"

It is Ordered, That an Ordinance be drawn up, and presented to this House, for (fn. §) appointing some Person for to have Power to perform the aforesaid Particulars.

Col. Thomson's Petition, to be Exigenter for London.

Upon reading the Petition of Colonel Francis Thomson; shewing, "That formerly he hath petitioned this House, setting forth his Sufferings and Engagements for the Public, desiring that the Office of Exigenter for London may be conferred upon him, the same being now in the Hands of One whom he hath very lately discovered, and is ready to prove him, to be a Delinquent."

It is Ordered, That this Petition be referred to the Committee of Lords and Commons for Sequestrations, with Recommendations to do therein what they shall think reasonable and just.

Reduced Officers Petition for their Arrears.

Upon reading the Petition of the Reduced Officers of the Army; desiring, "That they may have the Public Faith of the Kingdom for their Arrears, or such other Security as the Houses shall think most expedient."

It is Ordered, That this Petition be recommended to the House of Commons.

Cannon's Ordinance for making Guns, &c.

An Ordinance was this Day presented to the House, That Peter Cannon shall have the Benefit of his Invention for the making of Ordnance and Guns, which will prove very advantageous for the Commonwealth."

Which was read Thrice, and Agreed to.

E. of Suffolk's Cause.

Ordered, That the Cause of the Earl of Suffolke shall be heard Tuesday come Fortnight.

Order for the Thanksgiving to be published.

Ordered, That the printed Order, for keeping Thursday next a Day of Thanksgiving, shall be sent to the Lord Mayor of London, who is desired to send it to all the Ministers (fn. *) within the Line of Communication, to be published in the Churches.

Ordinance to appoint a Cursitor Baron of the Exchequer.

Next, the Ordinance for supplying the Place of Mr. Baron Trevor, and making Mr. Vernon Baron in Mr. Leake's Place, was read Thrice, and Agreed to; and the Concurrence of the House of Commons desired herein.

Message to the H. C. with it; and Cannon's Ordinance; and with the Reduced Officers Petition.

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

1. To desire their Concurrence in the Ordinance for making Christopher Vernon a Baron, in Mr. Leake's Place.

2. To desire Concurrence in the Ordinance for Peter Cannon to have the Benefit of his Invention of making of Guns.

3. To deliver the Petition of the Reduced Officers of the Army to them, with Recommendations.

Jennings and Dawes.

Ordered, That the Cause between Jennings and Sir Thomas Dawes shall be heard, by Counsel, at this Bar, on Thursday come Fortnight, upon the Prayer of the last Petition and Answer.

Ordinance for Covent Garden Church to be Parochial.

Ordered, The Earl of Northumb. Earl of Pembrooke, Earl of Sarum, Earl Manchester, and the Lord Howard, are added to the Committee for the Ordinance concerning The Covent Garden Church; and the Committee to meet To-morrow Fortnight.

Ordinance for Norfolk to be a Serjeant at Arms.

This Day John Powell signified his Consent to assign over his Place of Serjeant at Arms to James Northfolke.

Hereupon the House read the Ordinance the Third Time, and Agreed to it.

Message from the H. C. with Names of Tryers for the Classis of London;

A Message was brought from the House of Commons, by Sir Rob't Harley Knight, &c.

To desire their Lordships Concurrence in these Particulars:

1. A List of the Names of such as are to be Tryers of such as are to be chosen of the Classis for London.

Agreed to; with an Addition, That all Peers of this Realm Members of Parliament, shall be Tryers within that Classis whereof the Parish wherein they live is a Part; and the Assistants of this House.

and with Ordinances, &c.

2. An Ordinance for Five Hundred Pounds, out of Haberdashers (fn. †) Hall, to Sir John Merricke.

(Here enter it.)

Agreed to.

3. An Ordinance for granting a Lease to Mr. Holland, of Creslowe, in Buckinghamshire.

4. An Ordinance for paying Ten Thousand Pounds pro Chester. (Here enter it.)

Agreed to.

5. An Order for Sir John Trevor, &c. to be put into the Collection of Twelve Pence the Chaldron upon Coals at Newcastle. (Here enter it.)

Agreed to.

6. Votes concerning the Government of the Church. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That concerning the Names for the Tryers of the Classis, and the Ordinance concerning Mr. Holland, their Lordships will take them into Consideration, and send an Answer by Messengers of their own.

Answer from the H. C.

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

That they will send an Answer, by Messengers of their own, to the several Particulars of the last Message.

Mr. Holland's Ordinance for a Lease of Creslowe.

The Ordinance concerning Mr. Holland was read Twice, and referred to this Committee following:

Comes Northumb.
Comes Kent.
Comes Pembrooke.
Comes Denbigh.
Comes Warwicke.
Ds. North.
Ds. Willoughby.
Ds. Mountague.
Ds. Robertes.

Any Three, to meet on Wednesday Morning next, at Nine a Clock.

Message from the H. C. with a Letter from Col. Poyntz, giving an Account of his Victory;

A Message was brought from the House of Commons, by Sir Rob't Pye:

1. To present to this House a Letter from Colonel Pointz, concerning the Fight with the King's Forces near Chester; which was read. (Here enter it.)

Also another Letter was read.

and with an Amendment to the Ordinance for appointing a Cursitor Baron.

2. Whereas an Ordinance was this Day sent down to the House of Commons, for making Christopher Vernon Baron Cursitor of the Exchequer; and in the Fourteenth Line, they desire that ["Richard Tomlins"] be put in, and ["Christopher Vernon"] omitted; and in the Twentieth Line to omit these Words ["during Pleasure of both Houses"], and to insert these Words ["quam diu se bene gesserit"].

Agreed to.

The Answer returned was:

Answer.

That this House agrees to (fn. *) the Alterations now brought up.

Message to the H. C. about the following Particulars.

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

To let them know, that this House agrees in the appointing of Tryers for the Classis in London, with the Addition.

2. To deliver the Petition of Colonel Thompson to them, desiring it may be referred to the Committee of Lords and Commons for Sequestrations.

3. To desire their Concurrence in the Ordinance for making James Norffolk a Serjeant of the Mace.

4. To put them in Mind of the Petition of Major Grey's Brother.

Order for 500 l. to Sir J. Merrick, Part of his Arrears.

Ordered, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons for Advance of Monies at Habberdashers Hall do pay unto Sir John Merrick Knight, a Member of the House of Commons, the Sum of Five Hundred Pounds, upon Accompt, in Part of his Arrears, or out of such Delinquents Composition as he shall name to the said Committee."

Order for 10,000 l. for the Forces in Chester, &c.

"It is this Day Ordered and Ordained, by the Lords and Commons assembled in Parliament, That Ten Thousand Pounds be paid in Course, out of the Receipts of Excise, for the Payment of such Forces as shall be drawn together about Chester or in North Wales, unto John Bradshawe Esquire, and Richard Worrall Gentleman, whose Receipt shall be a sufficient Discharge unto the Commissioners of Excise, and every of them, for the said Ten Thousand Pounds, and Interest for the same, after the Rate of Eight Pounds per Cent. per Annum, for so long Time as the same, or any Part thereof, shall be forborn, before it become due in Course as aforesaid: And it is further Ordered and Ordained, That all Forces that shall be drawn together, from any County or Place, upon this Design, shall be paid out of the said Ten Thousand Pounds, for so long Time as they shall continue upon the said Service; and that a Warrant, under the Hand of Sir William Brereton and the particular Commanders of any such Forces, shall be a sufficient Discharge unto the said John Bradshawe and Richard Worrall, for so much Money as they shall pay unto the Forces employed against Chester as aforesaid, who are hereby required to issue the same accordingly."

Order for Sir J. Trevor, &c. to be added to the Collection of the Duty on Coals at Newcastle.

"Ordered, by the Lords and Commons in Parliament assembled, That Sir John Trevor Knight, Lancelott Lake Esquire, and Abraham Perrott Gentleman, be put into the Collection of the Twelve Pence the Chaldron upon Coals at Newcastle, due and payable to the King, according to their Lease from the King of that Duty; and that the said Lessees shall have the Benefit of the Covenant in their Lease, for Abatement of Rent, in Reference to their Losses."

Ordinance for Mr. Tomlins to be Cursitor Baron of the Exchequer.

"Whereas Thomas Leeke Esquire, commonly called Cursitor Baron of the Exchequer, hath left the Parliament and Court of Exchequer, where he ought to have attended: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Thomas Leeke be, by virtue of this Ordinance, discharged of the said Place and Office, and of all Benefits thereunto belonging; and whereas there is a present Necessity of the Sitting of One of the Barons of that Court on Tuesday next, being the last of this present Month, for the Dispatch of sundry Affairs of the said Court; and whereas Baron Trevor is so sick that he cannot attend the said Court: Be it Ordained, by the Lords and Commons in Parliament assembled, That Richard Tomlyns Esquire be, by virtue of this Ordinance, invested in the Place of Baron Cursitor of the said Court of Exchequer, in the room of the said Thomas Leeke, and in all Profits and Benefits thereunto belonging, which said Office he shall hold quam diu se bene gesserit; and that a Patent presently pass the Great Seal for the Purpose aforesaid; for which, this Ordinance shall be a sufficient Warrant to the Commissioners of the Great Seal, who are, by virtue of this Ordinance, to give him his Oath."

Letter from Col. Poyntz, giving an Account of his Victory over the King's Forces near Chester.

"For the Right Honourable Wm. Lenthall Esquire, Speaker of the House of Commons.

"Poynts.

"SIR,

"In the Conclusion of a hard March, it hath pleased God to deliver the Enemy into our Hands, wherein He hath sufficiently manifested His Providence. Yesterday we discovered the Enemy on Miller's Heath, within Three Miles of Chester; whereupon I sent to Chester for some Foot, which was very seasonably sent me; and in my Advance towards them, we unawares met a Body of them in a narrow Pass, on the Top of the Heath, where we had a very violent Encounter, wherein we cut off many of the King's Life-guard, and routing the rest. Then we (fn. *) retired to our main Body; and towards Four of the Clock in the Afternoon we advanced towards them; and finding the Enemy ready for Battle, we presently fell upon them, killed, took, wounded, and routed, the whole Army; and I am confident they never received a greater Blow.

"I have only a Catalogue of few; the rest, being sent to Tarvin and other Garrisons in these Parts, cannot as yet be collected: These Colonels, Sir Thomas Glembam, Sir Thomas Dacres, Sir Phillipp Musgrave, Sir Thomas Dawbridgcourt, Sir Thomas Gower, Colonel Thomas Weston Son to the Earl of Portland, and Colonel Cromwell, James Martin Quarter-master General, Colonel John Gifford, Lieutenant Colonel Edward Hatton, and Lieutenant Colonel Constable, Captain Wyvill, Captain Cotterill, Captain Morgan, Captain Mountaine, Captain Lestrange, Captain Swinbo, and Captain Constable: It is reported, Sir Marmaduke Langdale is either killed or taken. You shall with all Conveniency receive a compleat List from me. There was killed the Earl of Litchfeild Brother to the Duke of Lenox, and Sir Brian Stapleton, a notorious Papist, and was lately in Ireland His Majesty's Solicitor for Ten Thousand Men. In this Tender of my Service, I desire it may be forthwith communicated to the House, from whom I desire to receive further Orders. In the mean Time, I shall continue hereabouts, using my Endeavours in reducing this City; wherein, and in all other my Endeavours, I shall ever rest,

"Sir,

Miller's Heath, Sept. 25, 1645.

"Your most humble and faithful Servant,

"Sednham Poynts.

Gerrard is deadly wounded, if not already slain.

"This Gentleman Colonel Parsons, having the Charge of bringing up the Reserves, has done very good Service in the Discharge thereof.

"I desire the House may think of some further Encouragement for the Yorkesheir Horse.

"Colonel Bethell and Colonel Greves deserve very much for this Service."

Further Account of the Action.

About the 18th of August last, the King, with about Four Thousand Horse and Dragoons, advanced into Yorkesheir. The 19th, Colonel Rossiter's Horse came up to General Poynts. The One and Twentieth, they joined with the Scotts and Chesheir Horse. A Day's Rest the Scotts Horse would have. The next Day, all marched; but the King got by that Means a Day's Retreat before; whom General Poynts, according to his Order from the Committee of both Kingdoms, through many Difficulties, pursued above Three Hundred Miles, not resting above a Day in any Place. The Knowledge of the King's Advance for the Relief of Chester being the only certain Intelligence he received of His Motion, he marched Day and Night to be there before Him, and took in a strong House with a Draw-bridge moated (which stood in the Way of His March, and opposed Him) in less than an Hour's Space; and, after a very hard March, all Night, on the 25th of this Instant in the Morning, his Van Carriers discovered the Enemy on a Moor, within Two Miles of Chester, called Rowten Moore, whereupon immediately he drew into Order, and advanced upon them (though all his Forces were not then come up); for he supposed to take the Enemy at unawares, it being probable they could have no Intelligence of his being so near; though it proved otherwise, for his Letters (written that Night to the Commander within the Outlines of Chester, giving Notice of his Advance) were intercepted; and the Enemy, being possessed of the Advantage of Ground, and in Order, confronted our Van, led by Colonel Hugh Bethell, in the Midst of a Lane, betwixt Two Moors, covered with the armed Men of both Battalias, where was given a very sharp and gallant Charge by both Parties; for, after Pistols were discharged at Half Pike's Distance, they disputed the Matter with their Swords a full Quarter of an Hour, neither yielding Ground to other, till at Length the Enemy were forced to retreat; whom our Men pursuing, were reincountered by a fresh Reserve at the Lane's Mouth, and they were likewise discomfited; and a Third; but, being over-powered, were in the End forced to retreat through the Lane, uncapable of receiving a Reserve to second them. Here we had some Loss; the Enemy pursuing to the Lane's End, but were beaten back, for there was Space for our Reserves to advance. Colonel Bethell and Colonel Greaves were then fore wounded. After this, the General, perceiving the Enemy lay upon his Advantage, only skirmished him with some flying Parties, while he held Correspondence with his Friends in Chester Suburbs, whose Sign was the Discharge of Two Pieces of Ordnance, when they would issue out with Horse and Foot to join with him; upon whose appearing, the Enemy quitted their Station; and the General, with a Party, advanced to take the most convenient Ground, giving Command to Colonel Parsons, Quarter-master General of the Army; Colonel Sandys, who performed the Duty of Commissary General of the Horse during the foresaid March, being then employed to the Committee of both Kingdoms, to order up the rest; which was opportunely done, for they joined with the Auxiliary Forces of Horse and Foot in the Enemy's Ground, and were drawn into many small Divisions and Reserves, being much over-numbered by the Enemy, who accounted themselves Five Thousand Horse, and General Poynts not above Two Thousand Five Hundred Horse, besides Two small Bodies of Foot, who were disposed in the Two outmost Intervals of Horse. Upon the very Instant of this Juncture, the Enemy advanced with their whole Body; and the General, (leaving the Charge of the Reserves to Colonel Parsons), took Care of, and led up, the Van Divisions, with which, after a round Volley of Shot from the Foot, he joined Battle, charging the Enemy in Front and Flank, where his Horse was deeply wounded on the Head, being continually seconded with Reserves as often as there was Occasion; the rest, being kept entire, followed at a due Distance the prevailing General, who put the Enemy to a total Rout; and although the Pursuit was as hot as could be expected from such wearied Horse, through narrow dirty Lanes, and over Ditches, the Enemy rallied in a great Moor wide of Chester, in Two vast Bodies, a great Distance asunder: The First (not without some Dispute) were again routed, and the other likewise, who retreated upon the Warrick Regiment with such Violence, as bore them away, confusedly intermixed with the flying Enemy, up to the Outworks of the Suburbs. The Musketeers within were nevertheless liberal of their Gunshot; but the Divine Providence appeared much to the Distribution of the impartial Bullers, few or none lighting upon our Men, though many of the Enemy were found there expiring. A Body of Horse, all the while of these last Disputes, appeared fixed on the Top of a Hill, a little Distance on that Side Chester, wherein the King was very confidently reputed to be; for confronting whereof, a Party of Foot, winged with Colonel Lydcott and Colonel Bethell's Regiments, were drawn into a convenient Close in the Bottom, as a grand Reserve: But the Night by this Time falling, the Body on the Hill appeared not; and those in the Bottom returned to their Comrades, satiated with the Slaughter, Prisoners, and Booty, of the vanquished Enemy. While these Things were thus agitated in the Field, the Remainder of Foot left with Colonel Lowthian in the Suburbs were not idle; for the Enemy made a strong Sally upon them out of the City, and were more strenuously repulsed. The Number of the slain of the Prisoners, and Horse taken, is not yet known; but is generally conjectured Eight Hundred slain; Fifteen Hundred Men and Two Thousand Horse taken. There was brought in that Night the underwritten List of the considerablest Men taken and slain in the Fight. The King, with a Party of about Five or Six Hundred, was seen going to the Walls.

Prisoners taken by Col. Poyntz, and Officers slain.

"Prisoners taken:
Sir Tho. Glemham.
Sir Thomas Dacres.
Sir Phillip Musgrave.
Sir Tho. Dabridgcourt.
Sir Tho. Gore.
Sir Tho. Weston, Son to the Earl of Portland.
Colonel Cromwell.
James Martin, Quarter-master General.
Colonel Gifford.
Lieutenant Colonel Edward Hatton.
Lieutenant Colonel Constable.
Lieutenant Colonel Wigmore.

"Captains:

Wivell.
Cotterill.
Morgan.
Mountaine.
L'Strange.
Swinnoe.
Constable.

"It is reported, Sir Marmaduke Langdale is slain.

"The Earl of Litchfeild, Brother to the Duke of Lenox, slain.

"Sir Bryan Stapleton, the King's Agent for Ten Thousand Men in Ireland, slain."

Votes concerning the Power of the Eldership.

"Caution:

"That the Presbytery, or Eldership, shall not have Cognizance of any Thing wherein any Matter of Payment, Contract, or Demand, is concerned; nor of any Matter of Conveyance, Title, Interest, or Property, in Lands or Goods.

"That it shall be in the Power of the Eldership to suspend from the Sacrament of the Lord's Supper all Worshipers of Images, Crosses, Crucifixes, or Relics, appearing to be such upon just Proof.

"That it shall be in the Power of the Eldership to suspend all Makers of Images of the Trinity, or of any Person thereof, appearing to be such upon just Proof.

"That it shall be in the Power of the Eldership [ (fn. *) to suspend] all religious Worshipers of Saints, Angels, or of any meer Creature, appearing to be such upon just Proof.

"Caution:

"That no Use shall be made, at the Trial of any Person for any Offence, of any Confession or Proof made before the Eldership.

"That it shall be in the Power of the Eldership to suspend any Person from the Sacrament of the Lord's Supper, who shall before the Eldership profess himself not to be in Charity.

"That it shall be in the Power of the Eldership to suspend any Person that shall challenge any other Person to fight, by Word, Message, or Writing; or that shall accept such a Challenge, and agree thereunto.

"That it shall be in the Power of the Eldership to suspend any Person that shall knowingly carry any such Challenge, by Word, Message, or Writing, be he Minister or other.

That it shall be in the Power of the Eldership to suspend any Person that shall, upon the Lord's-day, use any Dancing, Gaming, Masking, Wake, Shooting, Bowling, Playing at Foot-ball or Stool-ball, Wrestling; or that shall make or resort unto any Plays, Interludes, Fencing, Bull-baiting, or Bearbaiting; or that shall use Hawking, or Hunting, or Coursing, Fishing, or Fowling; or that shall publicly expose any Wares to Sale, otherwise than is provided by an Ordinance of Parliament of the Sixth of April, 1644.

"That it shall be in the Power of the Eldership to suspend any Person that shall travel upon the Lord'sday without reasonable Cause.

"That it shall be in the Power of the Eldership to suspend any Person that shall repair for Advice unto any Witch, Wizzard, or Fortune-teller.

"That it shall be in the Power of the Eldership to suspend any Person that shall assault his Parents, or any Magistrate, Minister, or Elder, in the Execution of his Office.

"That it shall be in the Power of the Eldership to suspend from the Sacrament of the Lord's Supper any Person that shall be legally attained of Barretry, Forgery, Extortion, Perjury, or Bribery.

That there be [ (fn. *) a Standing] Committee of both Houses of Parliament, to consider of Causes of Suspension from the Sacrament of the Lord's Supper not contained in the Ordinance, which is to be framed, and brought into the House, for that Purpose; unto which Committee, any Eldership shall present such Causes, to the End that the Parliament, if Need require, may hear and determine the same."

"Die Sabbati, 27 Sept. 1645.

(fn. †) "An Ordinance of the Lords and Commons assembled in Parliament, for the further Supply of the British Army in Ireland.

Ordinance for the further Supply of the British Army in Ireland, by Mr. Davies.

"Whereas the Lords and Commons in this present Parliament assembled have, by an Ordinance published the Eighteenth Day of October, One Thousand Six Hundred Forty and Four, Ordained and Declared, That, for the Support and Supply of the Brittish Forces of Horse and Foot, in the Provinces of Ulster, Munster, and Connaught, in the Kingdom of Ireland, several Weekly Sums of Money, in the said Ordinance expressed, should be charged, rated, taxed, and levied, upon all and every the several Counties, Cities, Towns, Liberties, and Places, of the Kingdom of England, and Dominion of Wales, to begin from the First of September then last past, and to continue for the Space of Twelve Months, which Monies were to be issued, for the Service aforesaid, in such Manner as the Committee of both Kingdoms, or such Persons as should be by them authorized by their Order, should direct; in which Ordinance, a special Proviso is had and made, that no Part of the Money which should be levied or paid in by virtue of, or according to, the Tenor thereof, should be employed to any other Purpose, but only for providing and sending Supplies for the said Brittish Forces, and carrying on of that War, until the Sum of Fourscore Thousand Pounds had been levied, collected, and paid in to the Treasurers appointed by that Ordinance, to be disposed of for that Purpose, as therein is experessed; and then Ordained and Declared, That whatsoever Monies should be levied, raised, and paid to the said Treasurers, by virtue of that Ordinance, over and above the before mentioned Sum of Fourscore Thousand Pounds, such Overplus of Money should be disposed of in such Manner as should be further Resolved and Ordained by the Lords and Commons in Parliament, as in and by the said Ordinance, amongst other Things, more at large doth appear.

"And whereas the Committee of both Kingdoms, in Pursuance of the said Ordinance, and of other Directions from the Houses of Parliament, hath already disposed of, or else designed, for the Payment of the Commanders, Officers, and Soldiers, and for the providing, sending over into Ireland, and paying for, Victuals, Cloaths, Arms, Ammunition, and other Things necessary for Supply and Maintenance of the said Brittish Forces, and other necessary Occasions incident thereunto, the aforesaid Sum of Fourscore Thousand Pounds, which is to be paid according to the Engagements, Contracts, and Agreements, by them for that Purpose made and to be made, and not to be otherwise diverted.

"And forasmuch as there is now required, for the Use of the Scotish Army in Ireland, Sixteen Thousand Bolls of Oatmeal, Seven Thousand Cassocks and Breeches, Seven Thousand Shirts, Seven Thousand Pair of Shoes, Seven Thousand Pair of Stockings, Seven Thousand Caps for the Common Soldiers, and Four Thousand Pounds-worth of Cloth, and other Necessaries, for the Officers of the said Scottish Army; and that Mr. John Davies, of Carrickfergus, in Ireland, hath propounded and contracted to furnish the same, at certain Rates and Prices, and upon such Conditions as are agreed on betwixt the House of Commons and him the Three and Twentieth of April last, the whole Charge thereof amounting to the Sum of Four and Twenty Thousand Seven Hundred and Fifty Pounds, so that he may receive Payment and Satisfaction in Manner following; (that is to say,) by Advance unto him of the Sum of Three Thousand Pounds within One Month, Three Thousand Seven Hundred and Fifty Pounds more within One Month after that, and by receiving the Residue, being Eighteen Thousand Pounds, out of the Ordinance of Parliament for Ireland, of the Eighteenth of October, One Thousand Six Hundred Forty and Four, before- mentioned, after the said Fourscore Thousand Pounds, by that Ordinance limited, and by the Committee of both Kingdoms either disposed, or to be by them disposed of, for the Brittish Forces in Ireland, shall be paid or satisfied; and upon Condition that he may, out of the Remain of the Money that shall come in by the said Ordinance of the Eighteenth of October, One Thousand Six Hundred Forty and Four, for Ireland, after the aforesaid Sums of Fourscore Thousand Pounds and Eighteen Thousand Pounds are paid, receive Satisfaction of the several Sums of Nine Thousand Forty and Five Pounds, which appears, by his Accompt made the Tenth of April, One Thousand Six Hundred Forty and Three, to be due unto him above Two Years since, for Provisions delivered unto the British and Scottish Regiments in Ulster, by Direction of the Parliament, and Contract made with Mr. Nathaniel Fiennes, Sir Philip Stapleton, and Mr.John Hampden; and of Three Thousand One Hundred and Fifty Pounds, which he standeth engaged for to Mr. Maximilian Beard and Mr. Thomas Brown, of Cheapside, London, for Provisions delivered in Ireland to that Value, and for which they received Warrants to be paid out of the Adventurers-money, but have not received any of the same, the said Warrants nevertheless being charged upon him in his Accompts: And in case he shall not receive full Satisfaction out of the said Ordinance, in the Way propounded, of the before mentioned Eighteen Thousand Pounds, and the Twelve Thousand One Hundred Ninety and Five Pounds, so due unto him upon his Accompt, and to Mr. Beard and Mr. Brown, within Six Months next after his Delivery of that Quantity of Oatmeal at Carrickfergus, and the shipping of the other Goods from hence, Certificates being returned of the same, some other Course and Way may be found out, to satisfy unto him so much thereof as shall be behind and cannot be raised by that Ordinance:

"The Lords and Commons in this present Parliament, resolving to pursue the aforesaid Contract, made the Three and Twentieth of April last past, with the said Mr. Davies, for supplying the Scottish Army in Ireland, with the Oatmeal, Cloaths, and other Necessaries now by them so required, and that Payment be made unto him in the Manner and within the Time limited; and also to give Satisfaction unto the said Mr. Davies for the Debt already due unto him, and for his other Demands, in the Way propounded; as may be for his Indemnity and future Encouragement to undergo the like good Services; they have already taken Order, That the Sum of Three Thousand Pounds is paid or secured unto him the said Mr. John Davies, or his Assigns, in Lieu and Satisfaction of the First Three Thousand Pounds by him required in his Proposition, to be advanced within One Month; and for the same Purpose, have also settled the Payment of Three Thousand Seven Hundred and Fifty Pounds more, in Lieu and Satisfaction of so much propounded to be paid unto him and his Assigns within another Month next after the First: And for his further Satisfaction and Payment of the Residue of the Monies, that, according to the Rates and Prices before expressed, shall become due unto him the said John Davies, for the Oatmeal, Cloaths, Cloth, and other Necessaries, which, in Performance of this Contract, he shall deliver at Carrickfergus in Ireland, or ship from hence for the Use of the Scottish Army in Ireland, such Residue amounting to Eighteen Thousand Pounds; the said Lords and Commons have thought fit to Ordain and Declare, and be it hereby Ordained and Declared, That the same shall be paid unto him, or his Assigns, out of the First of such Monies as shall come to the Treasurers Hands, out of all the Counties, Cities, Towns, and Places, of the Kingdom of England, and Dominion of Wales, by Virtue and Means of the before mentioned Ordinance of Parliament of the Eighteenth of October last, for Relief of the Brittish Armies in Ireland, next and immediately after the beforesaid Sum of Fourscore Thousand Pounds, intended by the said Ordinance, and already disposed or designed by the Committee of both Kingdoms, for Relief of those Brittish Armies, is accordingly satisfied and paid.

And it is hereby further Ordained and Declared, That when, and as soon as, the before mentioned Sum of Fourscore Thousand Pounds shall be satisfied and paid as aforesaid, for the Relief of the British Armies in Ireland, and Eighteen Thousand Pounds as aforesaid towards the Supply of the Scottish Armies in that Kingdom, out of the Monies arising and coming in by Means and Virtue of the Ordinance of Parliament of the Eighteenth of October last; then Payment and Satisfaction shall be made and given, out of the Remainder of those Monies, unto the said John Davies and his Assigns, of the before mentioned Sum of Nine Thousand Forty and Five Pounds, due unto him upon his Accompt, for Provisions delivered to the Scottish and Brittish Regiments of Horse and Foot in Ulster in Ireland above Two Years since, by Direction of the Parliament, and Contract made as aforesaid with Nathaniel Fines Esquire, Sir Philip Stapleton Knight, and John Hampden Esquire, and of Three Thousand One Hundred and Fifty Pounds more, unto him or his Assigns, for Disengagement of him to Master Maximilian Beard and Master Thomas Brown, of Cheapside, of the respective Sums as aforesaid, of Fifteen Hundred Pounds, and Sixteen Hundred and Fifty Pounds, he procuring them, upon Payment of the said Monies, to deliver up to be cancelled the Warrants and Orders which they formerly had for the Payment of the same; and the present Committee of both Kingdoms, who have now the Power of issuing out the Monies arising and coming in by the aforesaid Ordinance of Parliament of the Eighteenth of October last, or any other Committee that shall be hereafter authorized thereunto, are not to divert or dispose of those Monies, or any Part of them, to any other Use, or to any other Person whatsoever, but for the Payment and Satisfaction of the said John Davies and his Assigns the before mentioned Sums of Money, hereby ordered to be respectively paid unto them: But the said Committees are hereby authorized and required, as it shall be made appear unto them by the Certificate of such Person as is intrusted to receive the same, that the said John Davies, or his Assigns, shall ship away from London the Cloth, Suits of Cloaths, Shirts, Stockings, Shoes, and Caps, according to the Contract before mentioned, for the Use of the Scottish Army in Ireland, and that he shall deliver for their Use, at Carrickfergus in Ireland, the Oatmeal as is before expressed, to grant and issue forth their Orders and Warrants, unto the Treasurers appointed by that Ordinance, for Payment of the several and respective Sums of Money unto the said John Davies, or his Assigns, in the Course and Order herein prescribed; which Orders and Warrants the said Treasurers are hereby required to observe accordingly, and to discharge the same: And it is hereby recommended to the said Committee of both Kingdoms, to use all good Means for the speedy levying and bringing in, out of the several Counties, Cities, Towns, and Places of this Kingdom, and the Dominion of Wales, the Monies required by that Ordinance; who hereby are authorized to send forth such Letters and Warrants, for the better effecting thereof, as they shall think meet.

"And it is hereby also further Ordained and Declared, by the Lords and Commons in this present Parliament assembled, That they will, from Time to Time, as Occasion shall require, nominate Committees, in such Places and Counties within this Kingdom, and Dominion of Wales, as have been hitherto omitted in the aforesaid Ordinance of the Eighteenth of October last; and will also add to the present respective Committees of any Counties, City, Town, and Place, such Persons as shall be recommended and be for the better Advancement of the Service.

"And whereas there are not any Persons specially named for the Isle of Wight, and some other Places and Counties in this Kingdom of England, and Dominion of Wales, as Committees, to execute the Powers in the said Ordinance of the Eighteenth of October; and in some other Counties and Places, some Persons of eminent Note are omitted; whereby the Service therein is neglected: Be it further Ordained, That,

"For the Isle of Wight,

"Sir Henry Worsley and Sir Robert Lisle, Knights, Robert Dillington, John Lisle, William Bowreman, Edw. Dennis, Thomas Bowreman, William Maynard, Edward Cheek, John Worsley, and John Bunkley, Esquires, Robert Mathews Alderman, Thomas Kerne Colonel, Captain Man, and Henry Ringwood Gentleman, Mr. Legg, Mr. Oglander:

"For the County of Hereford,

Sir Robert Harley Knight of the Bath, Colonel Edward Harley, James Kirle Esquire, Colonel Edward Broughton, John Flacet Junior, Henry Jones Gentleman, Captain Thomas Blaney:

"For the County of Monmouth,

"Herbert Esquire Knight of the Shire, Thomas Hughes Esquire, John Walter Esquire, Rumsey Gentleman, Christopher Catchman and William Jones, Gentlemen:

"Be respective Committees, for the Purposes in the said Ordinance mentioned; and are required to do and execute all such Powers, Authorities, and Things, within the said Isle and Counties to be done, as fully as any other Persons are authorized by the said Ordinance for any other Place in that Ordinance mentioned: And that there shall be added to the present respective Committees, in the said recited Ordinance named, of the Counties and Places hereafter mentioned; videlicet,

"To the Committees for the County of Middlesex, John Hicks Gentleman.

"To the Committees for the County of Essex, Joachim Mathews Esquire, Edward Pickrell Gentleman.

"To the Committees for the County of Sussex, William Freeman, Nicholas Shepherd, Richard Gates, Henry Avery, William Waterfield.

"To the Committees for the County of Leicester, Cradock Gentleman.

"To the Committees for the County of Hertford, George Smith Esquire.

"And to the Committees for the County of Bedford, Sir William Butler Knight.

"To the Committees of the County of Devon, Christopher Savorey of Strilson Esquire, in the County of Devon, Philip Crooker and Richard Wood, Esquires.

And to the respective Committees of the several Counties of Glo'cester, Wilts, Dorset, Somerset, Devon, and Cornwall, and Counties of the City of Glocester, and City of Exon, Colonel General Massey, and Colonel Nicholas Devereux.

"And the said Persons so added to the said Committees as aforesaid, and every of them, are hereby authorized and required to do and act in every respect as if they had been originally named and appointed of such Committees by the same Ordinance.

"And because it will much concern the said John Davies to have the Monies arising by that Ordinance duly levied, collected, and brought in to the Treasurers Hands, within the Time limited by the Contract made with him: It is hereby thought fit, and Declared, That the said John Davies shall have Power to nominate and employ such Persons as he shall make Choice of, and for whom he will answer, to carry the Letters, Warrants, and Instructions, of the Houses of Parliament, and of the Committee of both Kingdoms, to the several Parts of this Kingdom, and Dominion of Wales, and to solicit the Committees of the Counties, Cities, Towns, and Places, and the Collectors and other Officers employed for the levying, collecting, and bringing in of those Monies, and to bring from Time to Time their respective Answers and Proceedings.

"And for the defraying of the Charges of such Persons and Messengers: It is hereby Ordained and Declared, That an Allowance of Six Pence upon every Twenty Shillings to be brought in by Means or Virtue of that Order, after the before mentioned Sum of Fourscore Thousand Pounds already disposed of, or designed, by the Committee of both Kingdoms, for the Brittish Army in Ireland, shall be satisfied and paid, shall be made and given unto the said John Davies, or his Assigns; and the Committee of both Kingdoms are hereby authorized and required to give Order to the Treasurers for Payment and Allowance thereof, who are, according to such Orders, to pay and allow the same out of those Monies so coming in by the said Ordinance.

"And it is hereby further Resolved, Ordained, and Declared, by the Lords and Commons in this present Parliament assembled, That in case the said John Davies, or his Assigns, shall not, by and out of the Monies coming in by the said Ordinance, receive full Satisfaction of the several Sums hereby Ordained to be respectively paid unto them, within the Space of Six Months next after the Delivery of the full Quantities of Oatmeal at Carrickfergus, and the shipping of other Goods from hence (due Certificate being made, and returned to the Speaker of the House of Commons for the Time being, or the Committee of both Kingdoms, concerning the same, by the Commander in Chief of that Army for the Oatmeal, and by such as shall be intrusted to receive the other Goods here); and the said John Davies, or his Assigns, making it appear how much at that Time is unpaid and due unto him; that then, and in such Case, the said John Davies, his Executors and Assigns, shall be allowed and paid Damage, after the Rate of Eight Pounds per Centum per Annum, from the Failure of Payment, at Six Months End as aforesaid, of so much of the said Monies as shall be unpaid and unsatisfied; and that some further and fit Way and Course for Satisfaction thereof shall be taken by both Houses of Parliament.

"And whereas some Doubt hath been conceived by some, whether the said Ordinance be to continue One full Year, by reason of some Expressions which they conceive to be doubtful: It is hereby Ordained and Declared, That the same is to have Continuance for the Space of One full and entire Year; (that is to say,) from the First Day of September One Thousand Six Hundred Forty and Four, until the Second Day of September One Thousand Six Hundred Forty and Five, in those Counties, Cities, and Places, where the said Monies have been already taxed, rated, and assessed; and in those Counties, Cities, and Places, where no Assessments have as yet been made by virtue of the said recited Ordinance, by reason of the present Distractions, to begin and have Commencement from such Time as they shall be reduced to the Obedience of the Parliament, and to continue for the Space of One entire Year likewise; to the End all Places may pay their respective Shares and Proportions towards so good and profitable a Work.

"And whereas divers Sums of Money, to be raised by virtue of the said recited Ordinance, may, after the collecting thereof, peradventure lie and remain in the Collectors Hands some Space of Time, before the same can with Conveniency and Safety be brought to London, which may prove very prejudicial to the said Mr. John Davies, by occasioning Delay in the Payment of such Monies as are or shall be assigned unto him out of the Money to be raised by Virtue of the said Ordinance, in case he might not receive the same until it be first brought up and paid in to the said Treasurers at Grocers Hall: Be it therefore Ordained and Declared, That if the said Mr. John Davies shall, at any Time or Times hereafter, be willing and desirous to receive and take any Part of the Monies to him assigned, or to be assigned, of any of the Collectors, in the several Counties or Places where the same shall be collected, and shall to that End deliver unto the Treasurers at Grocers Hall, in the said Ordinance named, a sufficient Acquittance for the same, as for so much Money by him received of them, that then the said Treasurers shall, upon Receipt of every such Acquittance, deliver unto the said Mr. John Davies Acquittances to the several Collectors, for such Monies, in like Manner as if the said Collectors had paid in the same to the said Treasurers at Grocers Hall, in London; any Thing in the said recited Ordinance to the contrary notwithstanding.

"Joh. Brown, Cleric. Parliamentorum.
"H. Elsynge, Cler. Parl. D. Com."

Adjourn.

House adjourned till 9a cras.

Footnotes

* Origin. Message.
Origin. do.
Origin. these Things were.
|| Deest in Originali.
§ Origin. appointed.
* Origin. with.
Deest in Originali
* Deest in Originali.
9 Origin. received.
* Deest in Originali
* Origin. Standing a.
This Ordinance is printed, and bound in which the Original.