House of Lords Journal Volume 9: 24 December 1647

Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 9: 24 December 1647', in Journal of the House of Lords: Volume 9, 1646, (London, 1767-1830) pp. 605-612. British History Online https://www.british-history.ac.uk/lords-jrnl/vol9/pp605-612 [accessed 19 March 2024]

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In this section

DIE Veneris, 24 die Decembris.

PRAYERS, by Mr. Ash.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Kent.
Comes Salisbury.
Comes Mulgrave.
Comes Rutland.
Comes Northumb.
Comes Stamford.
L. Viscount Say & Seale.
Ds. La Warr.
Ds. Wharton.
Ds. Grey.
Ds. North.

L. Cromwell's Petition.

A Petition of the Lord Crumwell, was read, and Ordered to be recommended to the House of Commons.

Letter, &c. from Sir T. Fairfax.

A Letter from Sir Thomas Fairfax, with Results of the General Council of the Army, were read. (Here enter them.)

Message from the H. C. with Orders and Ordinances, &c.

A Message was brought from the House of Commons, by Mr. Swinfen, &c.

To desire Concurrence in several Particulars:

1. An Order, That the Sheriff of the County of Stafford may have Liberty to live out of the County during his Sheriffalty. (Here enter it.)

Read, and Agreed to.

2. An Ordinance for paying, (fn. 1) out of the Excise, Two Thousand Pounds to Colonel John Birch. (Here enter it.)

Read, and Agreed to.

3. An Order to give One Hundred Pounds to Sir Edward Povey, upon Accompt.

(Here enter it.)

Read, and Agreed to.

4. To desire their Lordships would please to appoint a Day when the Committee for settling the Classis may meet.

Committee to settle the Classis.

Ordered, The Committee for settling the Classis shall meet on Thursday next.

The Answer returned was:

Answer to the H. C.

That this House agrees to the Orders and Ordinances now brought up: To the rest, they will send an Answer by Messengers of their own.

Message from thence, with Ordinances, Orders, &c.

A Message was brought from the House of Commons, by Mr. Pierrepont, &c.; who brought up divers Ordinances, wherein their Lordships Concurrence is desired:

1. An Ordinance concerning Free Quarter. Agreed to.

2. An Ordinance for Pay of the Soldiers Arrears. (Here enter it.)

Agreed to.

3. An Ordinance for Payment of the Soldiery out of Bishops Lands remaining not engaged. (Here enter it.)

Agreed to.

4. An Ordinance for Payment of the Soldiery, out of Delinquents Estates, &c. (Here enter it.)

Agreed to.

5. An Ordinance for stating and auditing the Accompts of the Officers and Soldiers to be now disbanded. (Here enter it.)

Agreed to.

6. An Ordinance for Payment of the Soldiery out of the Moiety of the Receipts of Excise. (Here enter it.)

Read, and Agreed to.

7. An Ordinance for stating the Army's Accompts. (Here enter it.)

Agreed to.

8. An Ordinance for Power to the Committee of Indemnity to put in Execution the Ordinances concerning Apprentices Freedoms. (Here enter it.)

Agreed to.

9. An additional Ordinance for the more effectual Relief of maimed Soldiers. (Here enter it.)

Agreed to.

10. An Ordinance for the several Commissioners in the several Counties to take a Collector for the Monthly Assessment of Sixty Thousand Pounds. (Here enter it.)

Agreed to.

11. An Ordinance for Power to the Committee for Indemnity. (Here enter it.)

Agreed to.

12. An Ordinance for impowering a Committee in Kent, concerning the Matter of Indemnity.

13. An Order and Addition of Commissioners for the County of Pembrooke, for the Monthly Assessment of Sixty Thousand Pounds. (Here enter it.)

Agreed to.

14. An Addition to the Commissioners of Glo'ster, for the Weekly Assessments. (Here enter it.)

Agreed to.

Ordinance to raise Money, to prevent Free Quarter.

The Ordinance concerning Free Quarter, was read Twice, and Ordered to be committed to the Committee of the whole House.

And accordingly the House was adjourned during Pleasure, to consider of it.

The House being resumed;

The said Ordinance was read the Third Time, and Agreed to, and Ordered to be printed and published. (Here enter it.)

The Answer returned was:

Answer to the H. C.

That touching the Ordinance for improving the Committee in Kent concerning the Matter of Indemnity, they will take it into (fn. 2) Consideration, and return an Answer by Messengers of their own: To all the rest of the Ordinances now brought up, their Lordships do agree.

Delinquents who are compounding to stay in Town.

The Lord Howard presented an Order to this House, concerning Leave to those that are compounding at Haberdashers Hall to stay in Town; which was read, but nothing done in it.

Ordered, That the Lord Howard do bring in the Names of such Persons as are actually compounding at Haberdashers Hall, that so they may be allowed of by both Houses.

Message from the H. C. with Ordinances, &c.

A Message was brought from the House of Commons, by Sir Wm. Masham; who brought up divers Ordinances, wherein their Lordships Concurrence is desired:

1. An Order for Five Hundred Pounds apiece to be paid to Mr. Marsham and Mr. Nye. (Here enter it.)

Agreed to.

2. An Ordinance for declaring the Commissioners of the Customs.

3. An Ordinance for reimbursing the Commissioners of the Customs the Monies by them advanced out of the Moiety of the Receipts of the Customs, together with the Interest due for the same.

The Answer returned was:

Answer.

That the Lords agree to the Ordinance concerning Mr. Marshall and Mr. Nye: To all the rest, this House will send an Answer by Messengers of their own.

Message to the H. C. for an Answer to the Vote to prevent Colonel Rainsborough from commanding the Winter Fleet.

A Message was sent to the House of Commons, by Doctor Heath and Mr. Eltonheade; with this Message:

That the Lords, upon Receipt of a Letter from Sir Thomas Fairfax, by which he gave an Account to this House, "That the Carriage of Colonel Raynsborough at the Rendezvous tended much to the Disturbance of the quiet and orderly Government of the Army;" the Lords sent down to the House of Commons a Vote, to which they desired their Concurrence, That Colonel Raynsborough might not be sent to Sea as Commander of this Winter's Guard; to which their Lordships have had no Answer as yet. They again press the House of Commons for their Concurrence to that Vote; conceiving it of most dangerous Consequence, that a Person who hath had such a Character from the General and the Army should be employed in a Place of so great Trust and Importance to the Kingdom.

(fn. 3) "Several Ordinances of the Lords and Commons assembled in Parliament, for the Disbanding of all supernumerary Forces within this Kingdom, under the Command of Sir Thomas Fairfax; and that no Officer or Soldier, after the 15 Day of January, 1647, shall have any Free Quarter; also their Accompts to be speedily audited, with Security for all their Arrears, and full Indemnity for all their Actions in relation to the late War.

"Die Veneris, 24 Decemb. 1647.

"An Ordinance concerning Free Quarter.

Ordinance to bring in Assessments for the Army, to prevent their taking Free Quarter.

"Whereas an Army and many other great Forces have of Necessity been raised and kept up, for the Security and Service of this Kingdom; and, for Want of Payment of the said Army and Forces in due Manner, they have been necessitated to take and live upon Free Quarter, in the several Places and Counties of this Kingdom, to the great Charge and Burden of the said Places and Counties, where they have been so quartered for many Months last past; and though the Parliament, for the Prevention of that and other Inconveniencies, and paying the said Forces, did think fit to lay an Assessment of Sixty Thousand Pounds per Mensem, to have Beginning at the 25 of March last past, which said Assessment is now Nine Months behind and in Arrear, so as the Forces unnecessarily kept up could not be disbanded, nor the Standing Army paid, which hath for a long Time enforced and caused the Taking of Free Quarter: The Lords and Commons in Parliament assembled, taking into their serious Consideration, how for the present the Kingdom may be eased of so great a Burden, and that Free Quarter may be prevented for the Time to come, have thought it necessary that a proportionable Sum of Money be presently raised and paid, for the Paying of those Forces that are to be disbanded, and the future Provision of the Army, that no more Free Quarter may be hereafter taken by them; and do therefore order and declare, That, for the Purposes aforesaid, the full Sum of Six Months Assessment of the Sixty Thousand Pounds per Mensem, of the Nine Months now behind and in Arrear, be levied and paid, by the Fifteenth Day of January next, in Ready Monies, to the Treasurers at Wars, without any Defalcation: And upon the speedy Payment thereof, the said Lords and Commons do further order and declare, That the last Three Months of the said Nine Months now in Arrear shall be, and is hereby ordered and declared to be, remitted and taken off, and the said Charge of that Monthly Assessment to proceed on from the 25 of December Instant, for the constant Pay of the continuing Army: And the said Lords and Commons do further order and declare, That the said several and respective Places and Counties shall, from the Time of the Payment of the said Six Months Assessment, be forthwith discharged of Free Quarter, by Disbanding of those Forces which are not to be kept up, and by the Withdrawing of all other Forces into Towns and Garrisons; so as for the future it may be, and it is hereby, Provided and Ordained, That no Officer or Soldier shall enter into the House of any Person or Persons, who shall duly pay their Assessments, within the Kingdom of England or Dominion of Wales; without his Consent, except Inns, Taverns, Victualinghouses, or Ale-houses; nor shall take any Monies, Victuals, or other Provisions, for Horse or Man, without Consent of the Owner, and due Satisfaction given unto him for the same; but that the said Officers and Soldiers do make their own Provisions out of their Pay allowed to them by the State: And the said Lords and Commons, upon the Consideration of the Orders and Declarations aforesaid, do expect a ready Compliance hereunto, by all and every the respective Counties, Cities, and Towns, within this Kingdom and Dominion of Wales, in regard they find it impossible to discharge them of the Burden of the Forces remaining upon them that exceed the Establishment of the Army, and to ease the People of that pressing Grievance of Free Quarter, without a Performance of the Payment of the Sums and Assessments as aforesaid."

"Die Veneris, 24 December. 1647.

"An Ordinance for the Payment of the Soldiery, out of the Moiety of the Receipts of Excise.

Ordinance for 600,000l. for Payment of the Army.

"The Lords and Commons in this present Parliament assembled, taking into Consideration the great Arrears of Pay due to the Army that is to be kept up in this Kingdom, and of the Supernumeraries that are now to be disbanded, and being resolved to give Security for the same, do ordain, and be it hereby Ordained by the said Lords and Commons, That, towards the Payment thereof, the Sum of Six Hundred Thousand Pounds, out of the Moiety of the Receipt of the Excise, in Course, shall be paid to the Treasurers at Wars, to be employed for the Uses aforesaid, in such Manner as both Houses of Parliament shall hereafter appoint."

"Die Veneris, 24 Decemb. 1647.

"An Ordinance for Payment of the Soldiery out of Delinquents Estates.

Ordinance for Money out of Delinquents Estates, for paying the Army;

"The Lords and Commons in this present Parliament assembled, taking into Consideration the great Arrears of Pay due to the Soldiery who have faithfully served the Parliament, and being resolved to give Security for the same, do ordain, and be it hereby Ordained by the Lords and Commons, That, towards the Payment thereof, Two Third Parts of all the Lands and Hereditaments of all the Delinquents mentioned or comprehended in the Three First Qualifications of the Proposition for Delinquents sent to the King into the Isle of Wight, not formerly disposed of, or the Fines that shall be set upon those Delinquents by the said Houses, shall be paid in to the Treasurers at Wars, to be disposed of for the Purposes aforesaid, in such Manner as both Houses of Parliament shall think fit."

"Die Veneris, 24 Decemb. 1647.

"An Ordinance for Payment of the Soldiery, out of Bishops Lands remaining not engaged.

and for Money out of the remaining Part of the Bishops Lands.

"The Lords and Commons in this present Parliament assembled, taking into Consideration the great Arrears of Pay due to the Soldiery who have faithfully served the Parliament, and being resolved to give Security for the same, do ordain, and be it hereby Ordained, by the said Lords and Commons, That, towards the Payment thereof, the Money arising out of the remaining Part of all the Lands and Revenues of all the late Archbishops and Bishops of the Realm of England, and Dominion of Wales, late belonging to their Archbishoprics and Bishoprics, appointed to be sold by several former Ordinances for that Purpose, after such Engagements satisfied as are already charged thereupon, shall be paid over to the Treasurers at Wars, to be employed for the Uses aforesaid, in such Manner as both Houses of Parliament shall hereafter appoint."

"Die Veneris, 24 Decemb. 1647.

"The Lords and Commons in this present Parliament assembled, taking into Consideration the great Arrears of Pay due to the Soldiery that have faithfully served the Parliament, and being resolved to secure the same, have, by an Ordinance of both Houses of Parliament, of the 24th of this Instant December; ordained, That the Money arising out of the remaining Part of the Lands and Revenues of all the late Archbishops and Bishops of the Realm of England, and Dominion of Wales, late belonging to the Archbishoprics and Bishoprics, appointed to be sold by several Ordinances of Parliament (after such Engagements as are charged thereupon shall be first satisfied), shall be employed for the Payment of the Soldiery; and by another Ordinance of Parliament, of the Date aforesaid, Two Third Parts of all the Lands and Hereditaments of all the Delinquents mentioned or comprehended in the Three First Qualifications of that Proposition for Delinquents lately sent to the King, to the Isle of Wight, not formerly disposed of, or the Fines that shall be set by the said Houses upon those Delinquents, are appointed to be and enure to the Use aforesaid; and further, by an Ordinance of Parliament of the same Date, the Sum of Six Hundred Thousand Pounds is charged to be paid, out of the Moiety of the Receipts of the Excise, in Course, towards Payment of the Arrears of the Army that is to be kept up, and the Supernumeraries that are to be disbanded, as by the said several Ordinances may appear: It is now Ordained, by the Lords and Commons in Parliament assembled, That the said Sum of Six Hundred Thousand Pounds be, and is hereby, charged upon all and every the Securities aforesaid, for and towards Satisfaction of the Arrears of the Soldiers that are to be kept up in this Kingdom, and of the Supernumeraries that are now to be disbanded, and shall be in the First Place satisfied: And it is further Ordained, by the Lords and Commons aforesaid, That all and every such Sum and Sums of Money as shall be received and come in upon any the Securities aforesaid shall be from Time to Time paid unto the Treasurers at Wars at Guildhall, London; and shall be issued and paid forth, by the said Treasurers at Wars, to such Person and Persons, for the Uses aforesaid, in such Manner as the Committee of Lords and Commons for the Army, or any Five of them, shall from Time to Time, under their Hands, limit and appoint."

"Die Veneris, 24 Decemb. 1647.

Ordinance for taking the Accompts of Officers and Soldiers, and to defaulk for Free Quarters from their Arrears.

"Be it Ordained, and it is Ordained, by the Lords and Commons now assembled in Parliament, That the Committee of Lords and Commons for the Army, or any Three of them, shall have Power and Authority, and are hereby authorized and enabled, by themselves and such as they shall appoint, and by such Ways and Means as they or any Three of them shall think fit, to cause the Accompts of all the Officers and Soldiers of the Army now or late under the Command of Sir Thomas Fairfax, as well due to them upon Public Faith as for their present Pay, to be stated, audited, and cast up, during their Service in this Army, or in any other Service of the Parliament; and to allow and determine of such Accompts, and to give out Debentures accordingly unto the said Officers and Soldiers; and to cause a Register to be kept of such Debentures, by such Person or Persons as they shall appoint: And it is further Ordained, That for such Debentures as shall be thereupon given out and signed by the said Committee, or any Three of them, and shall be registered as aforesaid, the State shall be liable to the Payment thereof, and shall be paid and satisfied respectively, by Warrant from the said Committee, or any Five of them, out of such Monies and other Securities as the Parliament hath or shall ordain for those Uses: And it is further Ordained and Declared, That the said Committee shall deduct and defaulk for Free Quarter, out of the Arrears due to the Officers and Soldiers for their Service in this Army, according to the Proportions following; videlicet,

"From every Horseman and Non Commission Officer of Horse, 12d. per Diem.
"From every Dragooner and Non Commission Officer, 9d. per Diem.
"From every Foot Soldier and Non Commission Officer of Foot, 4d. per Diem.

"From the Officers of the Train of Artillery, and Artificers and Attendants thereunto, as followeth; videlicet,

d.
"At Two Shillings per Diem, Gunners, 9 per Diem.
Matrosses, 4
Firelocks, 4
At Eighteen Pence per Diem, Carters, 6 per Diem to be deducted.
Quarter-master, 12
At Three Shillings per Diem, Gentlemen of Ordnance, 12
At Two Shillings Six Pence per Diem, All Officers and Artificers with Horse, 12
At Two Shillings Six Pence per Diem, Artificers of Foot, 9

"From all Officers in Commission, according to the Proportions following; videlicet,

Officers in Commission of Foot and Train, ¼ Part.
Officers in Commission of Horse and Dragoons, for themselves and Horse, ⅓ of the Pay due to them.
From the Gentlemen of the Life Guard, and other Persons, as Deputies, Clerks, Assistants, Chirurgeons Mates, ¼ Part.

"Provided always, That if any Officer or Soldier can prove that he hath paid Quarter for more Time than the Space he hath been paid for, he shall have proportionable full Pay for so much Time over.

"And it is further Ordained and Declared, That the said Committee may employ such Persons under them in this Service, and may reward and pay them, for their Pains and Travel herein, out of the Receipts appointed for the Army, as they shall think fit: And it is further Ordained, That the said Committee may, if they shall think fit, administer an Oath to such Persons as they shall employ under them in this Service, for their due and faithful Execution of the Business they shall be employed in, according to their best Skill and Judgement; and, in Cases of Doubt, to examine upon Oath, if they see Cause: And it is lastly Ordained, That the Treasurers at Wars and Commissioners of Musters, their Deputies and Clerks, shall be aiding, assisting, and obedient to the said Committee, in the Execution of the Premises.

"Provided always, That if any Surcharge can be brought upon any particular Accompt within Two Years after the Debentures are given, that Defalcation shall be made for so much accordingly."

"Die Veneris, 24 December. 1647.

Ordinance for the supernumerary Forces to be disbanded;—for their Accompts to be audited; and to defaulk from their Arrears for Free Quarter.

"Be it Ordained, and it is Ordained, by the Lords and Commons now assembled in Parliament, That all the Forces within this Kingdom, and Dominion of Wales, above the Establishment of the Army, shall be forthwith disbanded, by Order and Warrant from the General; and such of them as have been entertained since the Sixth of August last shall be disbanded without any Money; and the rest shall be paid Two Months Pay at their Disbanding, towards their Arrears; and shall have their Accompts audited, and Debentures given for the Remainder, or shall be paid off by a gross Sum, as the Commissioners hereafter mentioned can agree for.

"And to the End the same may be done with all convenient Speed, the Lords and Commons do further ordain, That the respective Commissioners for the Monthly Assessment of Sixty Thousand Pounds, within the several Counties, Cities, and Places of this Kingdom, and Dominion of Wales, or any Three of them, shall have Power and Authority, and are hereby authorized and required, to state, audit, and cast up, or cause to be stated, audited, and cast up, by such Persons as they shall appoint for that Purpose, the Accompts of such Officers and Soldiers, as well due on Public Faith as for their present Pay, as are to be disbanded in their respective Counties and Cities; and of such Officers as had the Command of such Regiments, Troops, or Companies, since the First of August last past, and give Debentures accordingly; and that the said respective Commissioners, in their several Counties, shall cause a Register to be kept of such Debentures, and shall certify a Duplicate thereof under their Hands to the Committee of the Army: And it is further Ordained, That, for such Debentures as shall be thereupon given out, and signed by the said Commissioners, or any Three of them, and shall be registered and certified as aforesaid, the State shall be liable to the Payment thereof, and shall be paid and satisfied respectively, by Warrant from the Committee of the Army, or any Five of them, out of such Monies and other Securities as the Parliament hath or shall ordain for those Uses; and also the said Two Months Pay, or the Sum in Gross above-mentioned, shall be paid, by Warrant from the said Committee, or any Five of them, out of the said Assessments.

"And it is further Ordained and Declared, That the said Commissioners shall deduct and defaulk for Free Quarter, out of the Arrears due to the Officers and Soldiers for their Service, according to the Proportions following; videlicet,

"From every Horseman and Non Commission Officer of Horse, 12d. per Diem.
"From every Dragooner and Non Commission Officer, 9d. per Diem.
"From every Foot Soldier and Non Commission Officer of Foot, 4d. per Diem.

"From the Officers of the Train of Artillery, and Artificers and Attendants thereunto, as followeth; videlicet,

d.
At Two Shillings per Diem, Gunners, 9 per Diem to be deducted.
Matroses, 4
Firelocks, 4
At Eighteen Pence per Diem, Carters, 6 per Diem to be deducted.
Quarter-master, 12
At Three Shillings per Diem, Gentlemen of Ordnance, 12
At Two Shillings Six Pence per Diem, All Officers and Artificers with Horse, 12
At Two Shillings Six Pence per Diem, Artificers of Foot, 9

"From all Officers in Commission, according to the Proportions following; videlicet,

Officers in Commission of Foot and Train, ¼ Part.
Officers in Commission of Horse and Dragoons, for themselves and Horse, ⅓ Part of the Pay due to them.
From the Gentlemen of the Life Guard, and other Persons, and Deputies, Clerks, Assistants, Chirurgeons Mates, ¼ Part.

"Provided always, That if any Surcharge can be brought upon particular Accompt, within Two Years after the Debentures are given, that Defalcation shall be made for so much accordingly."

"Die Veneris, 24 Decemb. 1647.

"An Ordinance for the several Commissioners in the respective Counties to make a Collector for the Monthly Assessment of Sixty Thousand Pounds.

County Committees to appoint Receivers for the Monthly Assessment of 60,000l.

"Be it Ordered and Ordained, by the Lords and Commons assembled in Parliament, That Power be given to the Commissioners nominated in the several Counties, in the Ordinance for the Monthly Assessments of Sixty Thousand Pounds, to nominate in each particular County a General Receiver, who shall receive the Assessments of the said County from the particular Collectors and Sub-collectors; and that the said General Receiver of each particular County do transmit the Monies by him received unto the Treasurers at Wars; and that the said Treasurers at Wars do allow unto the said Receiver General, in each County, a Salary for his Pains, not exceeding One Penny in the Pound, upon his Accompt."

"Die Veneris, 24 Decemb. 1647.

"An Addition of Commissioners for the County of Pembroke, for the Monthly Assessment of Sixty Thousand Pounds.

Additional Commissioners for Pembroke;

"Ordered, by the Lords and Commons assembled in Parliament, That Sir Richard Phillips Baronet, James Lewis, Griffith White, Roger Lort, John Elyot, Thomas Bowen, Herbert Perrot, Samson Lort, Esquires, be added to the former Commissioners for the Monthly Assessments of the Sixty Thousand Pounds, for the County of Pembroke."

"Die Veneris, 24 Decemb. 1647.

"An Addition to the Commissioners of the County of Gloucester, for the Monthly Assessment.

and Gloucester.

"Ordered, by the Lords and Commons assembled in Parliament, That John Kytee, Thomas Chamberlaine, Richard Ayleworth, Georg Kenne, John Dorney, Robert Kyrle, Will. Cooke, Thomas James, William Selwyn, Walter Nourse, Esquires, John Brayn, Thomas Ayleway, Robert Waterworth, John Barnard, John Clarke, Jeremy Bucke, and Richard Yate Junior, Gentlemen, be added to the Commissioners for the County of Gloucester, for the Monthly Assessment of the Sixty Thousand Pounds."

"Die Veneris, 24 Decemb. 1647.

"An Order giving further Power to the Committee of Indemnity.

Committee for Indemnity, to put in Execution the additional Ordinances;

"The Lords and Commons assembled in Parliament do Declare, That the Committee of Lords and Commons for Indemnity have as full Power, to all Intents and Purposes, to act upon, and put in Execution, the additional Ordinance of Indemnity, as they have to act upon, and put in Execution, the First Ordinance of Indemnity."

"Die Veneris, 24 Decemb. 1647.

"An Ordinance giving Power to the Committee of Indemnity, to put in Execution the Ordinances concerning Apprentices Freedoms.

and to put in Execution those for Apprentices Freedoms, who have served in the Army.

"Be it Ordered and Ordained, by the Lords and Commons assembled in Parliament, That Power be given to the Committee for Indemnity, to put in Execution the several Ordinances concerning Apprentices Freedoms, that have served the Parliament in this late War, and to receive all Complaints made upon them; and to give Redress to the Party grieved, and to allow Costs, Charges, and Damages, as they shall see Cause, according to the Power given them in Cases of Indemnity."

"Die Veneris, 24 Decemb. 1647.

"Additional Ordinance for the more effectual Relief of maimed Soldiers.

Additional Ordinance for Relief of maimed Soldiers.

"Whereas, by the Statute of 43 Eliz. Provision is made for Relief of maimed Soldiers, by a Tax laid on every Parish within the Kingdom of England, &c. for Relief of maimed Soldiers, which Money hath been for the most Part paid by the several Parishes, and the Pensioners then appointed to receive the same are many of them dead, so that much of that Money remains in the Hands of several Private Persons, that have been Treasurers or Justices of Peace, who have taken Accompt of the Treasurers; and whereas, by a late Ordinance of Parliament, bearing Date 28th Day of May, 1647, it is ordained, That the Justices of Peace of each County do call all such Persons to an Accompt as have received any of the said Monies, that the Necessities of maimed Soldiers, and of Widows and Orphans that have lost their Parents or Husbands in the Service of the Parliament, may be relieved; and also by another Ordinance, bearing Date the Tenth Day of August, 1647, a further Power is given to the Justices of Peace, for enlarging the said Taxes, for the Purposes aforesaid, in Case there shall be Need: Of all which said Ordinances, notwithstanding the especial Care taken therein by the Parliament, for the timely Relief of the necessitous Persons aforesaid, there hath not been an answerable Effect, through the Neglect and Default (as is complained) of the Justices of Peace, in their several Counties, not putting their Power by the said Statute and Ordinances into speedy Execution: It is therefore Ordained and Declared, by the Lords and Commons assembled in Parliament, That all Justices of Peace do forthwith cause all Officers, within their several Counties and Divisions, that have had any Hand in receiving any of the said Monies, to appear before any Two or more Justices, whereof One to be of the Quorum, they not being accountable themselves; and that they take Accompt what Money is in their Hands, or that any of them may make to appear to be in the Hand of any Justice of Peace, High Treasurer, Under Treasurer, or other Officer whatsoever; and that, at the next General Quarter Sessions for the Peace, and so at every Session, they take an Accompt thereof; and that the Treasurers do issue out at present, by Warrant under the Hands of Two Justices of the Peace, what Sums of Money they shall think fit, to any maimed Soldier, Widow or Orphans of Soldiers slain or dead in the Service of the Parliament, that are in present Want; and at the next Quarter Sessions following, the said Justices shall make known the same to the Sessions, that so the same may be continued or determined, as they shall judge necessary: And the said Lords and Commons do further Order and Ordain, That the Clerk of the Peace for each County respectively do keep a Book, for the entering and issuing out of all such Monies as aforesaid, to whom such Monies are paid; and that all Justices of Peace take especial Care that no Part of the said Monies be converted to any other Use.

"Jo. Browne, Cler. Parliamentorum."

"Die Veneris, 24 Decemb. 1647.

"Ordered, by the Lords assembled in Parliament, That these Ordinances be forthwith printed and published.

"Joh. Brown, Cler. Parliamentorum."

Letter from Sir F. Fairfax, with the following Results of the Council of War.

"For the Right Honourable Edward Earl of Manchester, Speaker of the House of Peers pro Tempore.

My Lord,

"At a General Council this Day held, the inclosed Particulars were agreed upon, to be presented to your Lordship; which I humbly desire may be taken into Consideration, and remain

Windsor, 23 Decembris, 1647.

"Your Lordship's Humble Servant,

T. Fairfax."

"The Results of the General Council of the Army, held at Windsor, the 23th Day of December, 1647.

Their Resolutions concerning the late Ordinance to prevent the taking of Free Quarter.

"Upon the late Resolutions in Parliament, concerning the taking away of Free Quarter and disbanding of Supernumeraries, we find divers Things which require a further Consideration, in order to the more secure and effectual Dispatch of that Work; wherein we shall shortly offer our humble Advice and Desire.

But at present we find an immediate Necessity to take Notice of what hath passed on Tuesday last, the 21th Instant, in an Ordinance prepared for the bringing in Six Months Arrears of Assessments by the 15th of January next, and for the taking away of Free Quarter thereupon; wherein we observe,

1. It is Provided and Ordained, That no Officer or Soldier shall enter the House of any Person or Persons who shall duly pay their Assessments, without his Consent, except Inns, Taverns, Victualing-houses, or Ale-houses.

"2. Nor shall take any Provisions for Horse or Man, without Consent of the Owner, and due Satisfaction given to him for the same.

"As to the First of these; we must desire the Houses to consider, That, if the Soldiery must not have so much as Lodging or Stable-room but at Inns and Ale-houses, without the Owners Consent, it will follow,

"1. That it is like to fall out oft-times, and in many Towns, that there will be more Men or Horses to quarter than the Inns or Ale-houses have Room for.

"2. That Soldiers must either pay for their Victuals and Horse-meat at such Rate as the Inn where they quarter will reckon (as to other Guests), or else give large Satisfaction to the Inn-keepers for their Lodging and Stableroom, so as they may have Liberty to take their Victuals and Horse-meat (fn. 4) at other Places, where they can agree for it at cheaper (fn. 4) Rates; otherwise an Inn-keeper where the Lodging or Stable-room is taken up by Soldiers will lose the whole Benefit of his Inn, which is his Livelihood: And if the Soldiers must pay the Inn-keepers at the Rate of other Guests, or satisfy him for his Lodging and Stableroom at such Rates as to countervail his ordinary Gain; it is most evident, that the Soldier's whole Pay, nor scarce the Double of it, would not satisfy at such Rates: And unless either the Pay or the Way of Quarter be such as that the Soldier may, above the Charge of his Victual or Horse-meat, save something for other Uses, we believe few Soldiers will be found to serve that intend to be honest.

And we fear the Soldiery that shall consider the Consequence of these Limitations of Quarter may be too apt to misunderstand it, as if those that shall not have the Benefit of Disbanding now as Supernumeraries should be left to be worse than disbanded; (even) to be necessitated to a sudden Dissolution, without any Benefit of Condition at all.

"For our Parts, (if it be found that the Safety and Quiet of the Kingdom will admit it) we shall be as ready to disband all as any: But, whilst the Parliament finds Cause to continue any Forces in the Kingdom, we must earnestly desire they may have that Allowance of necessary Billet which is allowed in all Nations where any Soldiers are kept; and particularly that they may still be allowed Lodging and Stableroom at such Houses where they shall by Order be duly and equally billeted.

To the Second Particular in the Ordinance aforementioned; we are well satisfied, and presume all Soldiers will be content (when they shall be duly supplied with Pay in Hand wherewithal) to pay for their Victuals and Horse-meat at such Rates as they can agree upon: Only we must desire these Cases may be provided for;

1. That, for the First Fortnight after the Soldiery shall be drawn into Towns and Garrisons, and until the Parliament shall there supply them with Pay (as in our late Proposition to the Commissioners), they may have Horse-meat and Man's-meat, at the Places where they shall be billeted, at the Rates allowed for the Army; which the Officers are to undertake to see paid.

2. That, upon all Occasions of Marching, where any Soldiers shall by Order be billeted (not lying above Two Nights in a Place), they may have their Diet at the same Rate, and Horse-meat also, if the Landlord have it of his own.

Windsor, 23 Decembris, 1647.

"By the Appointment of his Excellency Sir Thomas Fairefax, and the General Council of the Army.

Jo. Rushworth."

Chetwyn, Sheriff of Staff. Leave to reside out of the County.

"Ordered, by the Lords and Commons assembled in Parliament, That Walter Chetwyn Esquire, appointed by both Houses Sheriff of the County of Stafford, shall have Liberty to reside out of the said County, during the Time of his Sheriffalty; any Statute or Ordinance to the contrary notwithstanding."

Order for 4907l. 7s. 4d. to Col. Birch.

"The Lords and Commons assembled in Parliament, taking Notice of the faithful Services performed by Colonel John Birch, for the Parliament and Kingdom; and that there is due to him, for Monies by him lent, and for his Services, Four Thousand Nine Hundred and Seven Pounds, Seven Shillings, and Four Pence, appearing upon his Accompt certified by the Com mittee of Accompts for the whole Kingdom, and allowed by both Houses the 16th of June last past; do ordain, and be it Ordained by the Lords and Commons assembled in Parliament, That Two Thousand Five Hundred Pounds, Part of the aforesaid Sum, be paid and secured unto him, out of the Excise, in Course, with Interest for the same every Six Months, after the Rate of Eight Pounds per Centum, from the 23th of December Instant, so long as the Whole or any Part thereof shall be forborn; and that the Acquittance of the said Colonel John Birch, or his Assigns, shall be to the Commissioners of Excise their sufficient Discharge for the Payment of the said Sum, with Interest, as aforesaid."

Order for 100 l. for Sir Ed. Povey.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Hundred Pounds be forthwith paid, upon Accompt, unto Sir Edward Povey Knight, for Relief of his present Necessities, by the Committee of the Revenue."

Order for 500 l. apiece, for Messrs. Marshall and Nye.

"It is Ordained, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons for Advance of Monies, sitting in Habberdashers Hall, shall and do pay unto Mr. Marshall and Mr. Nye Five Hundred Pounds apiece, by Way of Remuneration and Satisfaction for their great Pains they have taken, and for the great Expence they have been at, in the Service of the Parliament; to be paid unto them out of such Personal Estates, Debts, or Monies belonging to the State, that are concealed or detained, or not yet sequestered, and shall hereafter be made known to the said Committee of Lords and Commons, for or on the Behalf of the said Mr. Marshall and Mr. Nye, or either of them: And for the better Encouragement of any such Discovery to be made as is aforesaid, it is Ordained, That the said Committee shall and do pay, unto any such Discoverer or Discoverers, One Moiety thereof: Provided, That the said Moiety be paid towards the Satisfaction of a just Debt due to such Discoverer or Discoverers by the Parliament."

Marshall to be instituted to Trusthorpe;

Ordered, That Doctor Aylett give Institution and Induction unto Mr. Robert Marshall Clerk, Master of Arts, to the Rectory of Trusthorpe, in Com. Lincolne, void by the Death of Edward Halden Clerk, late Incumbent; salvo Jure cujuscunque: Wm. Maddison and John Prescott Gentlemen, Patrons.

Ball to Hornmead Parva;

Ordered, &c. That Doctor Aylett give Institution and Induction unto Samuell Ball Clerk, Master of Arts, unto the Rectory of Hornmead Parva, in Com. Hertford, void by Death last Incumbent; salvo Jure cujuscunque: Granted by the Great Seal.

Ward to Liddington;

Ordered, &c. That Doctor Aylett give Institution and Induction unto John Ward Clerk, Batchelor of Arts, to the Vicarage of Liddington, in Com. Rutland, void by Death last Incumbent; salvo Jure cujuscunque: Granted by Great Seal.

Cordell to Althallowes;

Ordered, &c. That Doctor Aylett give Institution and Induction unto John Cordell Master of Arts, to the Rectory of Alhollowes Lumsber-streete; salvo Jure cujuscunque: Granted by Great Seal.

Toldervy to Mardyn;

Ordered, &c. That Doctor Heath give Institution and Induction unto John Toldervy Clerk, to the Vicarage of Mardyn, in Com. Heref'd, void by Death; salvo Jure cujuscunque: Granted by Great Seal.

and Strickland, to Lancaster.

Ordered, &c. That Doctor Heath give Institution and Induction unto John Strickland Batchelor of Divinity, unto the Vicarage of Lancaster, in the County Palatine of Lancaster, void by Death; salvo Jure cujuscunque: Geo. Tolnson, Patron.

Adjourn.

House adjourned till 10 a cras.

Footnotes

  • 1. Deest in Originali.
  • 2. Origin. considerable.
  • 3. These Ordinances, ending Page 610, are printed, and bound in with the Original.
  • 4. Deest in Originali.