House of Lords Journal Volume 9
12 October 1647

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1767-1830

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'House of Lords Journal Volume 9: 12 October 1647', Journal of the House of Lords: volume 9: 1646 (1767-1830), pp. 477-481. URL: http://www.british-history.ac.uk/report.aspx?compid=37138 Date accessed: 21 September 2014.


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DIE Martis, 12 Octobris.

PRAYERS, by Mr. Good.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Kent.
Comes Pembrooke.
Comes Mulgrave.
Comes Sarum.
Viscount Say & Seale.
Ds. La Warr.
Ds. Grey.
Ds. Howard.
Ds. North.
Ds. Dacres.

E. of Warwick excused.

Earl of Warwicke excused for Two or Three Days.

Castle to be instituted to Woodhamwater.

Ordered, That Doctor Heath give Institution and Induction unto Edmund Castle Batchelor of Divinity, to the Rectory of Woodhamwater, in the County of Essex, void by the Death of Robert Brooke Clerk, the last Incumbent; salvo Jure cujuscunque; Mr. Charles Fitch Esquire, Patron.

Ordered, That it be recommended to the House of Commons, the next Message, that Sign. Amerig. Salvetti (fn. *) be eased of Excise for his own Provision.

Add. Ordinance for the Westm. Militia.

An additional Ordinance to the Militia of Westm'r, read the First and Second Time; and to be sent to the House of Commons, for their Concurrence.

Plant to be instituted to Lockington.

Ordered, That Dr. Heath give Institution unto William Plante, to the Vicarage of the Parish Church of Lockington, in the County of Leicester, void by the Resignation of Jo. Moore Clerk; salvo Jure cujuscunque; William Bambridge Patron.

Raule versus Johnson, in Error.

Ordered, That the Cause between Jo. Raule and John Johnson, upon a Writ of Error depending in this House, shall be argued, at this Bar, on the 29th of this Instant October, at Ten of the Clock in the Morning; at which Time the Parties, by their Counsel, are to attend accordingly.

E. of Shrewsbury tenders himself.

The House was informed, "That the Earl of Shrewsbury was lately come into England, and desired to understand the Pleasure of this House."

Letter from Col. Jones.

A Letter was read, from Colonel Jones, in Ireland. (Here enter it.)

Symonds, a Pass.

Ordered, That Mr. Symonds, Clerk, shall have a Pass, into France.

Forster, Mayor of Sandwich, and Elgar, to be attached.

An Affidavit of Hope Sherward, was read.

Ordered, That the Gentleman Usher attending this House, or his Deputy, shall attach the Bodies of Henry Foster Mayor of Sandwich, and John Elgar One of the Churchwardens of St. Clements there; and forthwith bring them before the Lords in Parliament, to answer such Matters as they stand charged with before their Lordships: And this to be a sufficient Warrant.

Owen ap Hugh, & al. to be attached.

Upon reading an Affidavit of Henry Pewe Clerk: Ordered, That the Gentleman Usher shall attach Morrice Owen Clerk, William John ap Hugh, Owen app Hugh, Griffith Lloyd, Richard Hampton, and Humfrey Owen, and bring them before the Lords, to answer their Contempts.

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

A Message was sent to the House of Commons, by Doctor Aylett and Mr. Sadler:

1. To put them in Mind of a Supply for Colonel Jones's Army before the Winter.

2. To desire their Concurrence in an Ordinance for Repair of Churches.

3. An Ordinance for the Militia of Westm'r.

4. To put them in Mind of Mr. Pennye's Ordinance.

5. To put them in Mind of Sign. Amer'g. Salvetti, to be exempted from Excise.

6. That Burroughes shall have a Pardon, without Fees.

7. (fn. *) With Lewis De Moulen's Ordinance, for to be History Professor in Oxon.

8. To put them in Mind of Colonel Manwareing's Ordinance.

Message from the H. C. with an Ordinance, &c.

A Message from the House of Commons, by Sir Rob't Pye and others:

1. To desire Concurrence in an Ordinance for the bringing in the Arrears for Sir Tho. Fairefaxe's Army, read the 1° and 2° Time; committed to the whole House.

(Here enter it.)

The said Ordinance was read the Third Time, and passed.

Two Orders concerning the Committee of the Army, were read, and passed. (Here enter them.)

Answer returned was:

Answer.

That the Lords do agree to the said Orders and Ordinance now brought up.

Sir H. Mildmay and Sir T. Cheek, about the Barony of Fitzwalter.

A Petition of Sir Henry Mildmay, of Mowsham, was read.

Ordered, That the Cause between the Petitioner and Sir Thomas Cheeke shall be heard the Tuesday Sevennight after the next Term.

Message from the H. C. with an Ordinance.

A Message from the House of Commons, by

To desire the Lords Concurrence in an Ordinance for the settling of Lands upon Sir Peter Wentworth, and his Heirs and Assigns; read the 1° and 2° Time, and passed. (Here enter it.)

E. of Portland to bring in his Patent, as Governor of the Isle of Wight.

The Earl of Portland is by this House permitted to send in his Patent, by which he was Governor of the Isle of Wight: And Ordered, That he bring it in Tomorrow Morning accordingly.

Propositions for Peace.

Ordered, That the Propositions shall be first (fn. †) proceeded in, before all other Things.

Ordinance to settle Warner's Lands, in Marston and Wolston, in Warwickshire, on Sir Peter Wentworth and his Heirs.

"Whereas, the Tenth of July, 1646, it was ordained, by the Lords and Commons in Parliament assembled, That Five Thousand Pounds should be allowed and granted to the Committee before Litchfeild Leaguer, upon Accompt, for Discharge of their Engagements, and the better carrying on of that Service; and that the said Five Thousand Pounds should be raised out of the Sales of the Estates of Sir Robert Wolsely and George Warner, of Wolston, Esquire, and employed in the Service aforesaid; and that the Committee was thereby authorized to make Sale of so much of the Estates of the said Sir Robert Wolseley and George Warner as should raise the said Five Thousand Pounds: And whereas the said Committee hath, according to the said Order, contracted and agreed with Sir Peter Wentworth Knight of the Bath, for the Sale of all the Manors, Messuages, Cottages, Closes, Lands, Tenements, and Hereditaments, with their and every of their Appurtenances, of the said George Warner, situate, lying, and being, in Wolston and Marston, in the County of Warwicke, or either of them, for the Sum of Two Thousand Thirty-eight Pounds, Six Shillings, Eight Pence, to be paid upon the granting and assuring to him the said Sir Peter Wentworth and his Heirs the said Manors, Lands, and Premises, in Wolston and Marston aforesaid: The Lords and Commons, taking the same into Consideration, and that the said George Warner hath deserted his Dwelling at Wolston, within the Parliament's Quarters, and hath been resident and abiding in the King's Quarters, and hath given Aid and Assistance unto those that have taken up Arms against the Parliament of England in this unnatural War, have adjudged and ordained, and be it Adjudged and Ordained by the said Lords and Commons assembled in Parliament, and by Authority of the same, That the said George Warner and his Heirs, for his said Offences, shall forfeit and lose all his Manors, Messuages, Cottages, Closes, Lands, Tenements, and Hereditaments, with their and every of their Rights, Members, and Appurtenances, situate, lying, and being, in Wolston and Marston aforesaid, in the said County of Warwicke, or either of them, whereof he the said George Warner, or any other in Trust for him, were seised the 20th Day of May, in the Year of our Lord God 1642, or any Time since.

"And be it Ordained, and it is hereby Ordained, by the Authority aforesaid, That the said Sir Peter Wentworth, his Heirs and Assigns, shall have, hold, and enjoy, the Manor or Manors of Wolston and Marston, in the Parish of Wolston, in the County of Warwicke, with all and singular the Rights, Members, and Appurtenances, thereunto belonging, and all Court Leets, Court Barons, Jurisdictions, Privileges, Profits, Immunities, Commodities, and Hereditaments, to the said Manors, or either of them, belonging, or appertaining, or with the same used, occupied, or enjoyed; and all that Manor-house, or Capital Messuage, with the Appurtenances, and all those Seven Yard Land of Arable, Meadow, and Pasture, with the Appurtenances, to the said Manor-house or Capital Messuage belonging, or with the same occupied or enjoyed, now or heretofore in the Tenure of Silvester Warner and John Sherrington, or One of them, their Assigns or Under-tenants; and all that Messuage, with the Appurtenances, situate, lying, and being, in Marston aforesaid, and now or late in the Tenure or Occupation of the said John Sherrington, or his Assigns; and all that Messuage, or Tenement, with the Appurtenances, in Marston aforesaid, and Three Little Closes, and Three Yard Lands and an Half of Arable, Meadow, and Pasture, with the Appurtenances, situate, lying, and being, in Wolston and Marston aforesaid, or One of them, to the said Messuage, or Tenement, belonging or appertaining, or with the same occupied or enjoyed, now or heretofore in the Tenure or Occupation of William Drought, or his Assigns; and all that Messuage, or Tenement, with the Appurtenances, and all those Three Yard Lands, with the Appurtenances and Closes, in Wolston and Marston aforesaid, or One of them, to the said Messuage or Tenement belonging or appertaining, or with the same occupied or enjoyed, now or heretofore in the Tenure or Occupation of Edward Warner, or his Assigns; and all that Messuage, or Tenement, and One Close near thereunto adjoining, with the Appurtenances, in Marston aforesaid; and all those Two Yard Lands of Arable, Meadow, and Pasture, with the Appurtenances, to the said Messuage belonging or appertaining, or with the same used or enjoyed, situate in Wolston and Marston aforesaid, or One of them, now or late in the Tenure of Zachary Elkington, or his Assigns; and all those Two Closes of Pasture, with the Appurtenances, and all that Two Yard Lands, now or heretofore in the Tenure or Occupation of John Clarke, or his Assigns; and all that Cottage, or Tenement, and One Little Close near adjoining, with the Appurtenances, and all that One Quartern of One Yard Land, with the Appurtenances thereunto belonging, or with the same used or enjoyed, now or heretofore in the Tenure or Occupation of Ellen Johnson Widow, or her Assigns; and all that Messuage, or Tenement, and a Little Close near thereunto adjoining, with the Appurtenances, and One Yard Land and Quartern, with the Appurtenances thereunto belonging, or therewith used or enjoyed, now or heretofore in the Tenure or Occupation of Jahleel Handinge, or his Assignees; and all that Messuage, or Tenement, and One Close thereunto adjoining, with the Appurtenances, and all that Yard Land and Half, with the Appurtenances, now or late in the Tenure or Occupation of George Viccars, or his Assigns; and all that Messuage, or Tenement, with One Little Close, with the Appurtenances, and all that Two Yard Land and Quartern, with the Appurtenances thereunto belonging, or with the same used or enjoyed, now or heretofore in the Tenure or Occupation of James Staples, or his Assigns; and all that Messuage, or Tenement, and One Little Close thereunto adjoining, with the Appurtenances, and One Yard Land, with the Appurtenances thereunto belonging or appertaining, or with the same used or enjoyed, now or heretofore in the Tenure or Occupation of William Herbert, or his Assigns; and all that Messuage, or Tenement, with the Appurtenances, and One Yard Land and Half, with the Appurtenances thereunto belonging, or with the same used or enjoyed, now or late in the Tenure or Occupation of Thomas Darby, or his Assigns; and all that Water Mill and Mills, with a Little Meadow thereunto belonging, with the Appurtenances, now or heretofore in the Tenure or Occupation of Nicholas Everton, or his Assigns; and all that Cottage, or Tenement, with a Little Close thereunto adjoining, with the Appurtenances, now or heretofore in the Tenure or Occupation of William Checkley, or his Assigns; and all that Cottage, or Tenement, with the Appurtenances, now or heretofore in the Tenure or Occupation of Henry Boulton, or his Assigns; and all that Cottage, or Tenement, with the Appurtenances, now or heretofore in the Tenure or Occupation of Francis Clarke, or his Assigns; and One Piece of Meadow, called The Haywards Hooke, lying in Mickle Meadowe, in Wolston aforesaid; and all that Cottage, or Tenement, with a Little Close thereunto adjoining, with the Appurtenances, now or heretofore in the Tenure or Occupation of Joane Clarke Widow, or her Assigns; and all that Cottage, or Cottages, with One Little Close thereunto adjoining, with the Appurtenances, now or heretofore in the Tenure or Occupation of John Mason, or his Assigns; and all that Cottage, or Cottages, and One Little Close adjoining, with the Appurtenances, now or heretofore in the Tenure or Occupation of William Role the Elder, or his Assigns; and all that Cottage, or Cottages, with One Close thereunto adjoining, with the Appurtenances, now or late in the Tenure or Occupation of William Role the Younger, or his Assigns; and all that Cottage, or Tenement, with the Appurtenances, now or heretofore in the Tenure or Occupation of Austin Fretter, or his Assigns; and all that Cottage, or Tenement, and One Little Close near adjoining, with the Appurtenances, now or heretofore in the Tenure or Occupation of John Oakeley, or his Assigns; and all that Cottage, or Tenement, with the Appurtenances, now or heretofore in the Tenure or Occupation of Robert Pebody, or his Assigns; and all that Cottage, or Tenement, with the Appurtenances, now or heretofore in the Tenure or Occupation of John Bosworth or his Assigns; and all that Cottage, or Tenement, with the Appurtenances, now or heretofore in the Tenure or Occupation of Annis Aslen Widow, or her Assigns; and all that Cottage, or Tenement, with the Appurtenances, now or heretofore in the Tenure or Occupation of Thomas Aslen, or his Assigns; and all that Cottage, or Tenement, with the Appurtenances, now or heretofore in the Tenure or Occupation of Tymothy Smith, or his Assigns; all which said Messuages, Cottages, Mills, Yards, Lands, Closes, Meadows, Pastures, Tenements, and Premises, are situate, lying, and being, in Wolston and Marston, or One of them; and all those several Closes of Meadow or Pasture, called by the several Names of Trimlands, Walnutt Tree Close, Bridge Meadowe; all those Three Little Closes, or Pingles of Pasture Ground, now or heretofore in the Tenure or Occupation of Silvester Warner, or his Assigns; all those Three Closes lately put into One, now or heretofore in the Tenure or Occupation of Zachary Elkington, or his Assigns, with their and every of their Rights, Members, and Appurtenances, situate, lying, and being, in Marston aforesaid; and all that Meadow called The Hall Meadow, all that Close or Pasture called The Rush Close, and all that Close or Pasture called The Conegrey, and all that Meadow called Small Meadowe, all which are situate, lying, and being, in Wolston and Marston aforesaid, or One of them, and are now, or heretofore, in the Tenure or Occupation of John Sherrington, or his Assigns; and all the Manors, Messuages, Cottages, Closes, Meadows, Pastures, Lands, Tenements, and Hereditaments, whereof the said George Warner, or any other to his Use, or in Trust for him, was upon the said 20th Day of May, Anno Domini 1642, or any other Time, seised, lying and being in Wolston and Marston aforesaid, or either of them; to have and to hold the said Manors, Messuages, Cottages, Closes, Meadows, Pastures, Lands, Tenements, Hereditaments, and Premises, with their and every of their Rights, Members, and Appurtenances whatsoever, and the Revertion and Reversions, Remainder and Remainders thereof, unto the said Sir Peter Wentworth, his Heirs and Assigns for ever, to be held of the King, as of his Manor of East Greenw'ch, in the County of Kent, in Free and Common Soccage, and not in Capite, nor Knights Service; and that the said Sir Peter Wentworth, his Heirs and Assigns, shall and may have, hold, take, and receive, the Rents, Issues, and Profits, of all the said Manors, Messuages, Lands, and Premises, for and notwithstanding any Sequestration upon the same, or any Part thereof, and for and notwithstanding any Ordinance or Ordinances of Sequestration, or any other Ordinance of Parliament, to the contrary: Saving to all and every Person and Persons, Bodies Politic and Corporate, and their Heirs and Successors, lawfully claiming, or that may claim, any Estate, Right, or Title, of, in, or to, the Premises, or any Part thereof, other than the said George Warner, and Silvester Warner Brother of the said George Warner, and George Warner and William Warner Sons of the said Silvester Warner, or any of them, claiming by, from, or under, the said George Warner, and other than such Person and Persons as have or claim any Estate in the Premises, to the Use in Trust for the said George Warner, Silvester Warner, George Warner, and Will'm Warner, Sons of the said Silvester Warner, or any of them, and other than any Popish Recusant in Arms against the Parliament, or any Delinquent within the Ordinance or Ordinances of Sequestration, who have not yet compounded for the same, or any other Person or Persons that claim any Estate by, from, or under, the said George Warner, by any Conveyance made or executed since the 20th Day of May which was in the Year of our Lord God 1642, all such lawful Right, Title, Interest, and Estate, as they, or any of them, had, or might claim to have had, of, in, or unto, the said Manors and Premises, or any Part thereof, the said 20th Day of May, 1642; this Ordinance, or any Thing therein contained to the contrary, in any Wise notwithstanding.

"And it is further Ordained, That if the said Sir Peter Wentworth, his Heirs or Assigns, shall hereafter be evicted out of the said Manors and Premises, or any Part thereof, by virtue of any eigne Right, Title, or Interest, in or unto the same; that in such Case the said Sir Peter Wentworth, his Heirs and Assigns, shall have full and due Satisfaction, Recompence, and Allowance, made to him and them, for the said Lands so evicted, and that in such Manner as both Houses of Parliament shall think fit.

"And His Majesty's Attorney or Solicitor General for the Time being are hereby authorized and required, upon the Desire of the said Sir Peter Wentworth, his Heirs or Assigns, to prepare a Bill, in usual Form, containing a Grant of the said Manors and Premises unto the said Sir Peter Wentworth, his Heirs and Assigns, according to the Tenor of this Ordinance, with such further Clauses and Non Obstantes as may be necessary for the Security of the said Sir Peter Wentworth and his Heirs in the Premises; which Grant, so prepared, the Commissioners of the Great Seal of England are likewise required and authorized to pass under the said Great Seal of England accordingly: For all which, this Ordinance, or a Duplicate thereof, shall be a sufficient Warrant.

"Ex'r."

Letter from Col. Jones in Ireland, that he will send over Preston's Papers —with a State of the Rebels Forces there;—and desiring Supplies for his Army.

"To the Right Honourable the Earl of Manchester, Speaker of the Lords House. These present.

"My Lord,

"According to the Commands on me laid, I have given the Acknowledgement of the Houses to the Officers here, who had all of them in their respective Commands very well merited of the Public in the late Service at Dunganbill; with which your Lordships Sense of that their Service they rest very well satisfied. However, some of them had before resented something there being passed over, while some were remembered, in the Rewards of that Service dispensed by the Houses.

"Preston's Papers, commonly called The Cabinett (though with no Cabinet), shall be sent by the First sure Hand. I gained them in a scattered Way from several Hands, as they were snatched up in the Field. It was expected they might have given us other Discoveries than upon Perusal I find in them; so as, had it not been in Obedience to the Commands therein laid on me, I should not value them worthy the so great taking Notice of them.

"I have sent a Ship to Munster, with those Letters thither directed, and appointed to be hence transmitted to the Lord of Inchiquin. In Colonel Sterling's Letter to Major General Monroe (which, among other intercepted Papers, I have formerly sent thither), there was Mention made of a Vessel which was to attend the Return of his Servant Downing, the Bearer of those Letters. That Vessel being (as is probably conceived) The Charles Frigott, belonging to the Lord of Inchequin, but in the Parliament's Pay, I made Stay of; wherein I desire to understand your Lordships Pleasure. I had before intimated my Resolutions for taking the Field; but hitherto I could not compass the doing of it; partly, in the Unseasonableness of the Weather, wherein the naked and barefooted Soldier had been endangered; partly, observing the Enemy's Motion, whereby I might find how to direct my Course; and partly, expecting the Advancing of the Northern Forces, commanded by Colonel Moncke. Now I find the Rebels drawn to an Head, under the Command of their Ulster General Owen Roe (as for Preston, he is drawn out of the Field, for the securing of Kilkenny and Waterford, of both which Places he is made Commander). The Strength of the Ulster Rebels is given to be about Eight Thousand Horse and Foot, with whom are joined about Eighteen Hundred Foot and Five Hundred Horse of the Lemster Forces, Part of Preston's Command. Yesternight I had Intelligence from Colonel Moncke, of his marching with Fifteen Hundred Foot and Five Hundred and Fifty Horse, and that this Night he will be at Dundalke. On Saturday next (God willing) I shall set forward with the Forces here: The Lord of Hosts go along with us!

"Very great are the Discouragements of this Soldiery, in their Want of all Things; the Store and Treasure here being wholly exhausted more than Ten Days since; so as I am put to the utmost of my Shifts for Provisions and Pay for the Army, which cannot hold out long, if not thence, and that speedily, supplied. It would be to Matter of exceeding great Discouragement, should I through Want be forced from out the Field, as formerly I have been, after the Fight at Dunganhill. I failed in my Duty to the Service, should I not thus represent to your Lordship the Necessities of the Army; and I should be very much wanting to the Trust by the Houses reposed in me, in sitting down under any Discouragements less than Impossibilities, which, I assure your Lordship, I shall never do; resolving, notwithstanding all these Difficulties, to let slip no Opportunity for promoting this Service to the utmost of my Power; relying on your Lordship's Care of supplying us as fully, and as speedily, as may be possible. So, humbly taking Leave, I remain (my Lord)

Dublin, Sept. 29, 1647.

"Your Lordship's devoted Servant,
Mic. Jones."

Some of the Committee of the Army to go to it:

Ordered, by the Lords and Commons assembled in Parliament, That the Committee of the Army, or such of them as they shall agree among themselves to send thither, do go to the Army forthwith.

Power for them to treat with the General, &c.

"Ordered, by the Lords and Commons in Parliament assembled, That the Committee of the Army, or such of them as shall go down to the Army, shall have the same Power to confer with the General, or such as he shall appoint, as the Commissioners formerly appointed to reside with the Army had, and upon the same Matters; and that it be referred to the Committee of the Army, or such of them as shall go thither, to perfect those Matters which by the said former Commissioners were left unperfected, and to report them to the Houses; and that the Committee of the Army do take Care to defray the Charges of such as shall be employed in this Service."

Ordinance to bring in the Arrears of the Assessments for Sir Thomas Fairfax's Army.

"Whereas, by an Ordinance of Parliament, bearing Date the 15th of February, 1644, several Sums of Money were to be taxed, levied, and paid, for the Maintenance of the Army under Sir Thomas Fairefax, by a Monthly Assessment, to continue for Ten Months, upon the City of London, the Liberties thereof, and the several Counties therein mentioned, from the said 15th of February, unto the First of December, 1645; and whereas, by another Ordinance, of 13th of August, 1645, the said recited Ordinance of 15 Februarii, and the several Taxes and Payments therein expressed, were ordained to endure and have Continuance for Six Months longer, from the said First Day of December, 1645, until the First Day of June next following, 1646, unto all Intents and Purposes therein mentioned; and whereas, by an Ordinance of the 16th of April, 1646, the said Ordinance of 15 February, 1644, with all the several Taxes and Payments therein expressed, were ordained to continue for Four Months longer, from the said First Day of June, 1646, until the First Day of October following; and whereas very great and considerable Sums of Money remain in Arrear, and yet unpaid, upon those several Ordinances, within the Cities of London and Liberties, and other Cities and Counties, especially through the Default and wilful Neglect of Assessors, Collectors, and others appointed for that Service, to the Discouragement of those that have willingly paid, very evil Example of all others, and great Hindrance of the Payment of the Army: The Lords and Commons in Parliament assembled do therefore hereby ordain and declare, and be it Ordained and Declared, That all the said several Sums of Money, being arrear and unpaid, upon any of the said recited Ordinances, be forthwith assessed, collected, and paid, according to the said Ordinances: And to the End there may be no longer Delay in a Matter of so great Concernment for the present Service of the Kingdom, the said Lords and Commons do further declare and ordain, That all Persons nominated and appointed, by the said several recited Ordinances, to assess, collect, or pay, or authorized to cause to be assessed, collected, or paid, the said Sums of Money in those Ordinances mentioned, do forthwith take Care for the full and speedy assessing, collecting, and paying in, thereof.

And it is further Ordained, That the Committee of the Army, appointed by an Ordinance of the 23th of September last, or any Five of them, for the more speedy and effectual bringing in of the Money so in Arrear, shall and may exercise and use all such Powers and Authorities as are thereby given, mentioned, expressed, and declared, for the bringing in of the said Assessments upon the Ordinance of Three and Twentieth of June last past; and shall have further Power and Authority to take and set down such Order and Orders as they shall think fit, for the full assessing and due collecting of the several Sums in Arrear as aforesaid, and for the levying of the same, with the Charges and Expences thereof, by Distress and Sale of the Goods of any Person or Persons, and Bodies Politic and Corporate, refusing or neglecting to make Payment, according to the said Ordinance: And if any Person or Persons, and Bodies Politic and Corporate, that are or shall be assessed, and are in Arrear, upon the said Ordinances, do refuse to pay or satisfy such Sum or Sums of Money as he or they shall be or are assessed unto, and are in Arrear, do not, within Ten Days after Publication of this Ordinance, or Demand made by the Collector, pay unto the respective Collectors the several Sum and Sums of Money assessed and taxed upon them, so as the said Monies must of Necessity be levied by Distress; that, in such Case, every Person or Persons, and Bodies Politic and Corporate, that thereupon shall be distrained, shall forfeit and pay Double the Proportion whereat he first was assessed, with Charges incident thereunto, the same Penalty and Charges to be levied by Distress.

"And it is further Ordained, That the said Committee, or any Five of them, shall have Power, and are hereby authorized, by their Agents, or Persons employed by them, to seize and secure, to the Use of the State, all Money, Goods, Chattels, and Personal Estate, of every Assessor, Collector, or other Person or Persons, (fn. *) making Default, in refusing to distrain, or otherwise to do their Duty, concerning the assessing, collecting, and levying of the said Money, by Distress or otherwise; and if, for the Space of Ten Days after the said seizing and securing of the said Personal Estate of the Parties aforesaid, they, or any of them, shall continue in their Neglect or Refusal to do their Duties, the said Committee, or any Five of them, shall have Power, and are hereby authorized, to sequester, sell, and dispose of, the Personal Estate of such Person or Persons, so seized and secured, for the Payment of the Army and Forces under the Command of Sir Thomas Fairefax: And be it lastly Ordained, That the Forces under the Command of Sir Thomas Fairefax, Committee of the Militia of London, and the Trained Bands within the said City, and other Cities and Counties, and all Mayors, Sheriffs, Justices of Peace, and Committees, and all other Officers and Persons whatsoever, are to be aiding and assisting, and are hereby required to be aiding and assisting, unto the said Committee, and such as shall be employed by them, in the Service abovesaid."

Adjourn.

Adjourned to 10a, To-morrow.

Footnotes

* Origin. to be.
* Origin. that.
Origin. proceed.
* Origin.make.