House of Lords Journal Volume 6: 20 January 1644

DIE Sabbati, 20 die Januarii.

PRAYERS.

Lords present this Day:

Ds. Grey de Warke, Speaker this Day.

Message to the H. C. with Ld. Howard's Petition.

A Message was sent to the House of Commons, by Serjeant Whitfeild and Serjeant Fynch:

To deliver the Lord Howard's Petition to them, with a special Recommendation.

Bp. of Durham freed from the Assessment in Durham House.

Upon reading the Petition of Tho. Bishop of Durham; shewing, "That he being appointed to appear at Three Days Warning, and he not as others obtaining Leave to go into his Country, hath all this while contained himself in a Corner of Durham House, where he hath received of late an Intimation of Cessments to be imposed upon him: He presuming his Case to be thus far different from any others, doth most humbly beseech their Lordships to grant him an express Protection, for himself and his small Family about him."

Hereupon it is Ordered, in regard that the said Bishop liveth in Durham House but by Permission of the Earl of Pembrooke, who pays all Taxes for that House, That the said Bishop of Durham shall be discharged from the Payment of the Assessment of the Fourteen Thousand Pounds, for the Magazine, &c.

Baron Trevor exempted from the Assessment of the Twentieth Part.

Ordered, That Mr. Baron Trevor shall be exempted from being rated for his Twentieth Part, in regard of his diligent Attendance upon this House, and his Readiness to serve the Parliament.

The Queen's Impeachment.

Ordered, That the Committee concerning the Queen's Impeachment shall meet this Afternoon, at Four of the Clock.

Ordinance concerning the Officers of the King's Revenue.

Ordered, That the Committee appointed to consider of the Ordinance concerning Officers of the King's Revenue shall meet this Afternoon, at Two a Clock; and also to take into Consideration the Ordinance of the 21 September 1643, that a Committee may be named for the Revenue.

Petition of the King's Servants.

Upon reading the Petition of His Majesty's Littermen, Footmen, Coachmen, Sumptermen, and Grooms of His Majesty's Stables: (fn. 1)

Conference to be had about the Lords Commissioners of the Great Seal having a Double Vote.

The Earl of Kent, One of the Lords Commissioners of the Great Seal of England, informed this House, That there was some Question amongst the Commissioners of the Great Seal, whether the Lords Commissioners should have a Double Vote or not; which their Lordships thought fit to acquaint this House withall, to receive further Directions therein."

Hereupon this House Ordered, To have a Conference with the House of Commons on Monday Morning next, that if they are in Nature of Committees, that the Lords may have an equal Vote in Behalf of the Lords House; but, if they are in Nature of Commissioners, as other Persons might be which are not of the Houses, then that more Lords may be nominated.

Archbishop of Canterbury to be brought up on Monday.

Ordered, That the Lieutenant of The Tower shall bring the Archbishop of Canterbury before the Lords in Parliament on Monday Morning next, at Ten of the Clock, to put in his Answer.

Lord General to compose the Differences in Lincolnshire.

This House was informed, "That the County of Lyncolne was in Disorders and Distractions, by reason of the Variety of Commands; for the Earl of Manchester and the Lord Fairefax have Ordinances from the Parliament."

Hereupon this House referred to the Lord General, to compose and settle the Disorders of that County.

Answer from the H. C.

The Messengers sent to the House of Commons return this Answer:

That they have referred the Desires of the Lord Howward, in this Petition, to the Committee of Lords and Commons for Sequestrations.

Earls of Lincoln and Manchester and Lord Willoughby, the Thanks of the House.

The Speaker, in the Name of the House, gave the Earl of Lyncolne, Earl of Manchester, and the Lord Willoughby of Parham, Thanks for the great Service done to the Public.

Message from the H. C. with an Ordinance and Orders;

A Message was brought from the House of Commons, by Sir Walter Earle Knight, and others;

To desire their Lordships Concurrence in these Particulars following:

1. An Ordinance for the recruiting, maintaining, and regulating, of the Forces of the Seven associated Counties, under the Command of Edward Earl of Manchester. (Here enter it.)

And it being read;

It was Resolved, upon the Question, to pass.

2. An Order for a Thanksgiving To-morrow, for (fn. 2) the Discovery of the late Plots, &c. (Here enter it.)

Agreed to.

3. An Order to give Thanks to the City of London, for their Entertainment; and Thanks to Mr. Marshall for his Sermon, &c. (Here enter it.)

Agreed to.

4. An Order to pay Three Hundred Pounds to the Mayor of North'ton. (Here enter it.)

Agreed to.

5. An Order to pay Three Pounds a Week to Mr. Hotham.

Ordered, To be referred to the Committee for the Ordinance concerning the Officers to be nominated for the receiving the King's Revenue.

and to sit a while.

6. To desire their Lordships would please to sit a while.

Ordered, To sit a while.

The Answer returned was:

Answer.

That their Lordships do agree in all the Particulars now brought up, excepting to that concerning Mr. Hotham, to which this House will send an Answer by Messengers of their own.

Message from thence, with an Order.

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

To desire their Lordships Concurrence, for advancing Ten Thousand Pounds out of the Excise, for the Lord General's Army. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees in the Order now brought up.

Complaint against Spratt.

Ordered, That Spratt shall be brought on Tuesday Morning to this House, at which Time this House will hear the Complaints against him; and the Witnesses formerly appointed shall then attend.

Order for a Thanksgiving for Discovery of Plots.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the 21th Day of January next, being the Lords-day, be kept as a Day of Public Thanksgiving, for the great Deliverances which God hath given to the Parliament and City, from the several Plots and Designs against them, and more particularly in discovering the late Design; and that the Vote of both Houses upon the late Design be then read in the several Parishes."

Thanks to the City of London, for their Entertainment.

"It is this Day Ordered, by the Lords and Commons, That Thanks be returned to the City, for their great Entertainment: And likewise to give Thanks to Mr. Marshall, for (fn. 3) the great Pains he took in the Sermon preached at the Meeting of the Lords and Commons, City, and Assembly, at Christ Church, January 18; and to desire him to print his Sermon."

Order for 300 l. to Captain Gifford.

"It is this Day Ordered, by the Lords and Commons, That Captain Gifford, late Mayor of Northampton, who advanced Five Hundred Pounds for the State, be satisfied the Three Hundred Pounds Arrear thereof, and yet due unto him, out of the Sequestration-monies, or the Monies brought in upon the Twentieth Part, next after the former Ordinances already made be satisfied, out of those Monies raised upon the said Ordinances."

Order for the Commissioners of Excise to re-pay themselves 10,000 l. advanced for the Lord General's Army.

"Whereas John Towse, Tho. Foote, John Kendricke, and Thomas Cullum, Esquires, Aldermen of the City of London, Symon Edmonds, John Lamott, and Edward Claxton, of London, Esquires, Commissioners of the Excise and new Impost, have advanced Ten Thousand Pounds, for the present Supply of his Excellency the Lord General's Army: Be it hereby Ordained, by the Lords and Commons in Parliament assembled, That the said John Towse, and the rest of the Commissioners of Excise beforenamed, shall be hereby authorized to reimburse themselves of the said Ten Thousand Pounds, together with Interest after the Rate of Eight per Cent. out of such Monies as shall come in upon the Receipts of the Excise appointed by Ordinance of the 11th of September last, next after the Merchant Adventurers shall have received their Ten Thousand Pounds, now due upon former Assignments of Parliament; and so afterwards to proceed in such Intervals of Time as shall fall between the next Payment assigned to the said Merchant Adventurers, until the whole Sum of Ten Thousand Pounds, and the Interest aforesaid, be fully received and reimbursed; and the said John Towse and the rest of the Commissioners aforesaid are hereby further authorized to pay the said Ten Thousand Pounds by them now advanced, into the Hands of Sir Gilbert Gerrard Baronet, Treasurer at Wars, upon Accompt, for the Army under the immediate Command of his Excellency the Lord General."

"An Ordinance of the Lords and Commons assembled in Parliament, for the recruiting, maintaining, and regulating, of the Forces of the Seven associated Counties, under the Command of Edward Earl of Manchester.

Ordinance for recruiting and regulating the Forces under the Command of the E. of Manchester, in the Seven associated Counties of No folk, Suffolk, &c.

"Whereas the Counties of Norff. Suff. Essex, and the other associated Counties, out of their loyal Respect to His Majesty, their pious Disposition to the Peace and Happiness of this Kingdom, in Obedience to the Orders of the Parliament, have raised and maintained to the Number of Fourteen Thousand Horse, Foot, and Dragoons, or thereabouts, and with them within Five Months last past have done many Services against the common Enemy, tending much to the Safety of the Kingdom, and intend to raise a far more considerable Force both of Horse and Foot; and have also bought many Arms and Ammunition, and must buy more, whereby to furnish themselves with a Train of Artillery; and have been, and must be, at great Charges in maintaining and recruiting the said Forces, and in keeping several Garrisons, making and erecting of Fortifications, Magazines, Courts of Guard, and other Things requisite and necessary for the Defence and Safety of the said Association against the Incursions of the Enemy; by all which Means the said Association is become much indebted, and, without the speedy raising of large and considerable Sums of Money proportionable to their vast Expences, cannot long subsist in a Condition to keep themselves from Ruin, and to advance the Public Safety: It is thereupon Ordained, by the Lords and Commons in Parliament assembled, and by Authority of the same, That, for the Intents and Purposes aforesaid, the several Weekly Sums of Money hereafter in this Ordinance mentioned shall be charged, rated, taxed, and levied, upon the several Counties, according to the Proportions herein expressed, the same to be paid in Weekly to the several Collectors, and by them to the Treasurer or Treasurers appointed by this Ordinance for the receiving hereof; that is to say, upon the County of Essex, the Weekly Sum of One Thousand Six Hundred and Eighty-seven Pounds, Ten Shillings; upon the County of Suff. the Weekly Sum of One Thousand Eight Hundred and Seventy-five Pounds; upon the County of Norff. and the City of Norwich, the Weekly Sum of One Thousand Eight Hundred and Seventyfive Pounds; upon the County of Hertf. the Weekly Sum of Six Hundred and Seventy-five Pounds; upon the County of Cambridge, the Weekly Sum of Five Hundred and Sixty-two Pounds, Ten Shillings; upon the County of Hunt. the Weekly Sum of Three Hundred and Thirty Pounds; upon the County of Lincolne and City of Lincolne, the Weekly Sum of One Thousand Two Hundred and Eighteen Pounds, Fifteen Shillings; and upon the Isle of Ely, the Weekly Sum of Two Hundred and Twenty-one Pounds, Five Shillings: And the said Weekly Payments are to begin from the First Day of January Instant, and so to continue Weekly for Four Months next ensuing from the said First Day of January: And be it further Ordained, That every Person or Persons that were to be assessed or taxed by any former Ordinance of Parliament shall be assessed and taxed by this Ordinance, and shall be liable to as great Forfeitures and Penalties for not paying of the Sum or Sums to be assessed, as they should have been if the same had been assessed by virtue of the last Ordinance for the Weekly Payment for the said Association, made the 20th of September last: And the several and respective Deputy Lieutenants and Committees, named and trusted within the said Association, or any Part thereof, by the said recited Ordinance, to take Care for the assessing, collecting, or levying of any Monies, are named and intrusted by this Ordinance, and have as full Power and Authority given them by this Ordinance to nominate and appoint Collectors and Assessors, and to distrain, fine, imprison, or sequester, as they or any of them had by virtue of the said recited Ordinance in all or any Part of the said associated Counties; and the several Collectors shall pay the several Sums by them collected, at the Place or several Places where the Earl of Manchester and the Committee for the Association attending the said Earl shall appoint, and to the Treasurer or Treasurers to be by them named; which Treasurer or Treasurers are to issue out the Monies received for the Purposes aforementioned, according to the Warrants or Directions of the said Earl of Manchester, and of any Two of the said Committees for the said Association which shall be appointed thereunto by the said Earl, and a full Committee, consisting of One of every County at least, and of the Commissary General for the Time being of the said Earl of Manchester; and that no Monies be issued out without Orders under the Hands of the said Earl, such Two of the said Committee, and the said Commissary General, nor yet without the Privity of the whole Committee attending the said Earl: And be it further Ordained, That all the Forces raised, or to be raised, under the Command of the said Earl, shall be kept entire, and not drawn forth, or kept or continued forth, upon any Service, without the Knowledge and joint Consent of the said Earl and the said Committee while they are together, or of One of them while they are distant one from another, or without particular Directions of Parliament; and that every Captain both of Horse and Foot, and every other Superior or Inferior Officer, or other, in the Army of the said Earl of Manchester, or belonging to the said associated Counties, whose Pay comes to Ten Shillings a Day or above, shall take but Half the Pay due to him, and shall respite the other Half upon the Public Faith, until these unnatural Wars be ended; and every Officer, or other, that is to have Five Shillings a Day or above, and under Ten Shillings, shall accept of Two Thirds of the Pay due to him, and shall respite One Third Part upon the Public Faith, until these unnatural Wars shall be ended; and when there is Three Months Pay due to any of them, or more, a Certificate thereof from the said Earl, such Two of the said Committee, and Commissary, as may give out Warrants for the issuing out Monies, shall be sufficient to demand the said Monies owing upon the Public Faith as aforesaid: And be it further Ordained, That all the said Captains, both of Horse and Foot, are to make good to the said Committee all the Horses, and Horse Arms, and Foot Arms, that shall be lost or imbezzled by them, or under their Commands, unless they can make it appear that they were lost in Service against the Enemy; and the said Captains are enjoined to give a List under their Hands, to the said Committee for the Association, of all Men, Horse, and Arms, under their Commands: And the said Lords and Commons do further Ordain, That all the Monies collected and not disposed of, or to be collected, upon the Fifth and Twentieth Part of Mens Estates, or of the last Three Months Pay, and all the Monies or other Benefit arising by virtue of any Ordinance for the Third Part of the Sequestration, settled upon the Earl of Manchester, shall be paid unto the Treasurers appointed as aforesaid; and from thence to issue out again for the Intents and Purposes aforementioned: And it is likewise Ordained, That if any of the said associated Forces have taken, or shall take, Free Quarter within the said Association, every Officer is then to have but One Third Part of the present Pay due to him by his Ordinance, for so long Time as he or they have had, or shall have, Free Quarter; and every common Foot Soldier but Half Pay, and every common Horseman or Trooper Fourteen Pence a Day; and the Residue of their Pay is to be reserved for the Payment of their Quarters, and to be employed for the Purposes aforementioned.

"And they further Ordain, That the County of Lincolne and the County and City of Lincolne shall send One or Two of their Deputy Lieutenants, or Committees trusted by the Parliament with the Affairs of the said County and City, to the Committee for the said Association to Cambridge, who shall have hereby equal Power with any other of the said Committee at Cambridge, while they sit there, or any other Place; and the said Earl and Committee for the said Association have hereby Power given them, to call all Collectors, Treasurers, or others that have, or are thought to have, any of the said Monies in their Hands, to an Accompt; and to cause the said Money in their Hands to be paid unto the Treasurers appointed by this Ordinance; and if any Collectors, Treasurers, or others, shall refuse to accompt, or to pay in the Monies wherewith they are charged, then the said Earl and Committee shall fine them Double the Sum charged upon them; which if it be not paid within Six Days after the same is set, and Notice thereof left at his or their Dwelling-house, it shall be lawful to distrain for the same; and if there be not sufficient Distress wherewith to satisfy, then the said Earl and Committee may imprison the Offender herein, and sequester his Estate, until the Money charged and the Fine set be levied and paid: And it is Ordained, That Six Pence in the Pound shall be allowed for every Sum of Money which shall be collected and paid to the said Treasurer, whereof Three Pence shall be for the Collectors, and Three Pence for the Treasurer; and the said Treasurer shall keep a Register-book of the several Sums received and paid out by them, and shall render an Accompt thereof unto the said Earl and Committee Once every Month at least.

"And be it lastly Ordained, That the said Earl, Deputy Lieutenants, Committees, Collectors, Assessors, and every One of them, and every other Person that shall be aiding and assisting to them, or any of them, in doing any Thing by virtue of this Ordinance, shall be defended and saved harmless therein by Authority of both Houses of Parliament."

Adjourn.

House adjourned till 10^a, Monday next.