House of Lords Journal Volume 6: 17 February 1644

DIE Sabbati, 17 die Februarii.

PRAYERS, by Mr. Channell.

Lords present this Day:

Ds. Grey de Warke, Speaker.

Message to the H. C. for Committees to meet, to peruse a Letter from the Earl of Forth.

The Lord General acquainted this House, "That he hath received a Letter from the Earl of Foorth, by a Trumpeter:" And his Excellency moved, "That the Committee of both Houses that formerly were appointed to open the Letter from the Earl of Foorth may presently meet, and peruse it."

Hereupon this House Ordered the same accordingly; and a Message was presently (fn. 1) sent to the House of Commons, by Serjeant Whitfield and Sir Edward Leech, to desire the Committee of their House may meet with the Committee of Lords presently, to open it, and peruse it.

Sir Thomas Walsingham versus Sir J. Baker.

Upon reading the Petition of Sir Tho. Walsingham, against Sir John Baker: It is Ordered, That a Copy of (fn. 2) this Petition (fn. 3) be shewed to Sir Jo. Baker, who is to make Answer thereunto within Five Days after Notice given.

Answer from the H. C.

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

That they have appointed their Committee to meet presently, as is desired.

Message to them, with the Ordinance for raising Forces in Middlesex;

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

To deliver unto them the Ordinance concerning Midd. To which their Lordships have (fn. 4) Agreed with an Amendment, wherein their Concurrence is desired.

and about abating the E. of Middlesex's Assessment.

2. To deliver to them the Earl of Midd's Reasons, upon which their Lordships think fit to abate him Four Hundred Pounds of the Thousand Pounds formerly assessed on him for the Twentieth Part; but their Lordships think it fit that the Four Hundred Pounds be made good unto the Earl of Stamford some other Way.

Bickley and Dixon.

Upon the reading the Petition of Bickly, and the Affidavit of James Symes; shewing, "That as well by virtue of an Order of this House of the 9th September last, as also by Warrant from Sir John Nulls, this Deponent, in the Month of September and October last, did demand of Wm. Dixon the Debt (fn. 5) he owes to Bickley, and shewed unto him the Order of this House, and offered him up this Bond, upon Payment of Twenty-six Pounds: Whereupon the said Dixon, in a contemptuous Manner, did cast the said Order from him; uttering these Words, "That he would have better Security than this Order, or the Bond before he would part with his Money, or Words to the like Effect:"

It is Ordered, That the said Dixon shall be sent for, to attend this House presently, to shew Reason why he hath refused to pay the Six and Twenty Pounds.

The House was adjourned during (fn. 6) Pleasure; and the Committee went to peruse the Letter sent to the Lord General.

The House was resumed.

Answer from the H. C.

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

That they agree in the adding the Proviso to the Ordinance concerning Midd. (Here enter it.) And they likewise agree to the abating Four Hundred Pounds in the Assessment of the Earl of Midd. and they will take into Consideration how to supply the Earl of Stamford in any other Way for the Four Hundred Pounds.

Message from thence, with Orders;

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

To desire their Lordships Concurrence in these Orders following:

1. For adding divers Persons to the Committee of Sequestrations for the County of Yorke. (Here enter it.)

Read, and Agreed to.

for the E. of Arundel and Ld. Craven to be assessed.

2. To desire that the Earl of Arrundell and Surrey, and the Lord Craven, Members of this House, may be assessed for their Twentieth and Fifth Part; and that, out of their Assessments, the Earl of Stamford may have Four Hundred Pounds, to make up the Thousand Pounds formerly granted by Order of both Houses.

Agreed to, and Ordered accordingly.

3. An Order to pay Five Hundred Pounds for Hurst Castle and Lymington Fort, and Two Hundred Pounds for the Garrison of Newport Pagnell. (Here enter it.)

Read, and Agreed to.

4. An Order for appointing Part of Derby House to be for the Commissioners of both Kingdoms to sit in.

(Here enter it.)

Agreed to.

5. An Order concerning Sir Francis Willoughbye's Estate, Six Hundred Pounds out thereof to be paid for the Garrison of Gloucester. (Here enter it.)

Read Thrice, and Agreed to.

The Answer returned was:

Answer to the H. C.

That this (fn. 7) House agrees to all the Orders and Ordinances now brought up.

Persons added to the Committee for Sequestrations for York.

Resolved, &c.

"That Sir William Constable Baronet, Sir Will'm St. Quintin Baronet, Sir Richard Darley Knight, and Francis Thorpe Esquire, be added to the Committee for Sequestrations in the County of Yorke, for the East Rideing; and John Lambert Esquire, and Captain Edward Biggs, for the West Riding, and Sir Henry Cholmely for the North and West Riding."

Order for 500 l. for Hurst Castle and Limington Fort, and 200 l. for Newport Pagnel.

Whereas there is a present Necessity for the Use of Five Hundred Pounds for the Castle of Hurst and Lyminton Fort, and Two Hundred Pounds for the Garrison at Newport Pagnell; these are to will and authorize John Towse Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise, to advance or deliver, or cause to be delivered, the Sum of Seven Hundred Pounds, to Sir Gilbert Gerrard Treasurer of War, Five Hundred Pounds thereof to be by him paid to Mr. Exton and Mr. Gallopp, for the Service of Hurst and Lyminton, and the Residue to Major General Skippon; and a Receipt under the Hand of the said Sir Gilbert Gerrard shall be a Discharge to the Commissioners of Excise, who are to reimburse themselves out of the Excise, upon the Ordinance of the 11th of September."

Order for Part of Derby House, for the Commissioners of both Kingdoms to sit in.

It is this Day Ordered, by the Lords and Commons in Parliament, That Derby House, or so many Rooms of it as shall be useful and necessary, shall be assigned for the Committees of both Kingdoms to meet and sit in; and that it be referred to the Gentlemen mentioned in the late Ordinance for furnishing Worcester House, to furnish Derby House with all Things necessary for the Accommodation of that House for the Committees, out of the King's Wardrobes, Stores, or otherwise, in like Manner as it is referred unto them for Worcester House.

Order for 600 l. out of Sir Francis Willoughby's Estate, for the Garrison of Gloucester.

Whereas it is evident, that Sir Francis Willoughby Knight is a Delinquent to the Parliament, and hath been active in procuring and subscribing the Cessation of the War against the Rebels in Ireland: The Lords and Commons now assembled in Parliament do Order, Ordain, and Declare, That the Real and Personal Estate of the said Sir Francis Willoughby shall be seized and sequestered, according to a late Ordinance made for Sequestration of Delinquents Estates: And be it further Ordered, Ordained, and Declared, by the Authority aforesaid, That the Wardens and Commonalty of the Mystery of Goldsmiths, London, shall forthwith pay, or cause to be paid, unto Nathaniell Stevens, Thomas Hodges, and Thomas Pury, Esquires, Members of the House of Commons, for the Use of the Garrison of Gloucester, upon Accompt, the Sum of Six Hundred Pounds, with the Interest due and in Arrear for the same, owing or remaining by or with the said Wardens and Commonalty of the Mystery of Goldsmiths, London, as Part or Parcel of the Estate of him the said Sir Francis Willoughby; they, the said Wardens and Commonalty, taking an Acquittance or Receipt for the same, under the Hands and Seals of the said Nathaniell Stephens, Thomas Hodges, and Thomas Pury, which shall be to the said Wardens and Commonalty of the Mystery of Goldsmiths aforesaid, and their Successors, and to every Member of the said Company of Goldsmiths, a sufficient Discharge in that Behalf, against any Bond, Specialty, or other Assurance, made, given, sealed, or entered into, by the said Wardens and Commonalty, or by any the Members of the said Corporation or others, to him the said Sir Francis Willoughby, or to any other Person or Persons whatsoever, in Trust for him, or for his Use and Behoof; and, for Payment thereof as aforesaid, shall be protected and saved harmless, by both Houses of Parliament."

An Ordinance of the Lords and Commons assembled in Parliament, for the raising of a new Loan and Assessment in the County of Midd. for the Maintenance of the Forces for the Defence of the Cities of London and Westm. and County of Middlesex, and for the future Preservation and Safety of the Town of Uxbridge, and preventing of the Incursions of the Enemy hereafter.

Ordinance for raising Forces, and a new Loan in Middlesex.

Whereas the Town of Uxbridge, within the County of Middlesex, hath been lately plundered by some of the Forces raised by the King against the Parliament, to the great Impoverishment of the Inhabi tants of the said Town, and to the great Terror and Danger not only of them and the rest of the said County, as also of the City of London; for the preventing of the like Incursions hereafter, and for the mutual Defence and Safety each of other, divers well-affected Persons within the said County are willing and ready to send in both Horse and Foot, that a convenient Force may be raised and maintained for that Purpose, in such a Way and Manner as may probably, by God's Blessing, the better assure the said County and City for the future: The Lords and Commons in Parliament assembled, taking the Premises into their serious Consideration, do Ordain, and be it hereby Ordained by the said Lords and Commons in this present Parliament, That William Bridges Esquire, Sir Gilbert Gerard, Sir Edward Barkham, Sir Thomas Fowler, Sir Richard Sprignall, Baronets, Sir John Danvers, Sir John Francklyn, Sir John Hippesley, Sir Robert Pye, Sir William Ashton, Sir Will'm Roberts, Sir James Harrington, Knights, John Glynn Recorder of the City of London, Lawrence Whittacre, William Wheeler, John Huxley, Colonel John Browne, Thomas Wilcocks, Robert Woolrich, John Morris, Richard Downton, John Wroth, Gilbert Gerard, Edward Claxton, James Hawley, John Alford, Tobias Massey, Robert Hampton, Richard Graves, Thomas Hubbart, Francis Zachery, Abraham Woodroff, Thomas Falconbridge, John Harvey, Esquires, John Brigham, Thomas Norwood, William Lane, Thomas Weeks Junior, John Jackson, Richard Clerke, Thomas Treswallen, Will'm Munsey, Thomas Hogsflesh, John Offley, Edward Prescott, Mathew Coleburne, Thomas Paltocke, William Greenhill, Paule Nicholl, Thomas Stapeley, Leonard Welsted, Henry Arundell, Samuell Edlyn, Henry Haley, Richard Nicholls, Stephen Ewer, Thomas Fletcher, Edward Nicholls, Ralph Johnson, John Cornish, Christopher Hill, Robert Curtis, Thomas Bolton, Robert Moorton, John Francklyn, Peter Nicholls, Robert Stanbrough, Joseph Downer, Daniell Enderby, Henry Finch, William Warren, John Smith, John Haley, Daniell Browne, John Nicholl of Cooks Senior, John Rowse, John Reading, John Hill, John Brigginshawe, Francis Childe, John Peirce, William Smith, William Maynard, Robert Cromwell, Ezekiell Tanner, William Turner, John Finch, Ralph Marsh, William Finch, William Atlee, Roger Nicholl, Richard Owen, Thomas Crechley, Thomas Moore, Richard Pigg, Reyghnold Beecham, John Norwood Junior, William Arnold, Henry Proctor, John Arnold, Henry Dewell, William Earsby, John Lacy, John Clever, John Nuttmaker, Robert Goodall, William Combes, John Stephens, Thomas Fletcher, and Richard Nicholl, Gentlemen, all of them Inhabitants of the County of Midd. shall be, and are hereby appointed and ordained to be, a Committee for Volunteers of the said County, and such other Forces as are or shall be raised and employed for the present Defence of the said County and City, by the Order and Direction of the Deputy Lieutenants of the said County; and that the said Committee, or the major Part of them, shall and may, with all convenient Speed, by Warrant under their Hands, or of any Seven or more of them, summon to appear, in some convenient Place or Places within the said County, the Freeholders and other Inhabitants of the said County, who are able to bear or find Arms, or to contribute towards the same, and there to propound unto them the present and imminent Danger the whole Kingdom, and in particular this County, is reduced unto, by the wicked and traiterous Attempts and Conspiracies of Papists, and other Conspirators about His Majesty; and to take the voluntary Subscriptions for Men, Arms, Horse, and Monies, of such well-affected Persons as shall be willing to contribute towards the same, and come into this Employment; and to convert such Contributions to the Use and Defence of the said County and City; and to list, train, exercise, and put in Readiness, such Persons as shall be so subscribed; and them well and sufficiently, from Time to Time, to cause to be arrayed and armed, and to muster them in Places most sit for that Purpose, under such Commanders, Colonels, Captains, and other Officers, as shall be appointed by the Lord Lieutenant or Deputy Lieutenants of the said County; and shall have Power, by these Commanders and Officers, to lead, conduct, and employ, the Persons aforesaid, armed and weaponed as aforesaid, for the Suppression of all Rebellions, Insurrections, Invasions, or Incursions, that may happen within or into the said County; and shall likewise have Power to punish by Fine or Imprisonment such Officers and Soldiers under their Command, as shall not upon Summons appear, or shall absent themselves from this Service without Leave of the Officer for the Time being commanding over them in Chief, or that shall embezzle or wilfully spoil their Arms, or be disorderly in this Service, so that such Fine exceed not the Sum of Twenty Shillings for any Offence, to be levied by Distress and Sale of the Offender's Goods, to the Use herein mentioned, and so as such Imprisonment exceed not the Space of Ten Days for every Offence: And for the doing of all Things else, needful for the Preservation, Defence, and Safety of the said County, and for the better raising and procuring of Money for the levying and maintaining of such Forces as shall be raised for the County aforesaid, it is further Declared and Ordained, That the said Committee, or any Seven or more of them, shall have Power, and are hereby authorized, to assess and tax, or to nominate Assessors to rate, tax, and levy, upon the several and respective Towns, Townships, Hamlets, Liberties, Places, Persons, and Inhabitants, within the said County, in an equal Way, according to their Estates and Abilities, and according to the most usual Proportion of Rates in the last Weekly Assessment there, such Sum and Sums of Money as shall be by them judged convenient and necessary, for the raising, arming, arraying, disciplining, and maintaining, of the said Forces; provided that (fn. 8) it exceed not the Sum of Two Hundred and Fifty Pounds by the Week; and also that a special Care and Respect be had (in all such Rates) of such as, according to their Ability and Power, do voluntarily contribute Horse, Money, or Arms, or that shall voluntarily list themselves, or otherwise advance the Employment aforesaid: And the said Committee, or any Seven or more of them, with the Approbation and Consent of Two or more of the Deputy Lieutenants of the said County, shall have Power and Authority to nominate and appoint Collectors for the Monies so assessed and rated as aforesaid, according to this Ordinance; which said Collectors shall collect the said Monies Weekly or otherwise, and pay the same unto such Person or Persons whom the said Committee as aforesaid shall appoint Treasurer or Treasurers thereof, and at such Times and Places as they shall receive Direction from the said Committee; which Treasurer or Treasurers shall [ (fn. 9) pay and] issue forth the said Money as he or they shall receive Warrants from the said Committee, or any Seven of them, Two whereof to be Deputy Lieutenants of the said County; and if any of the said Assessors or Collectors shall refuse the said Service, or prove negligent therein, the said Committee or Number as aforesaid shall have Power to set such Fine upon him or them as they shall think fit, not exceeding Ten Pounds upon an Assessor, and Five Pounds upon a Collector, to be levied by Distress and Sale of such Offender's Goods, to the Uses herein mentioned; and if any Person or Persons who is or are chargeable by this Ordinance shall refuse to pay the Sum or Sums upon him or them assessed by virtue of this Ordinance, or shall not pay the same upon Demand made by the respective Collectors thereof at the Place of his or their Abode, or where such Assessment shall be made, that then the several Collectors shall return the Names of all such Persons unto the said Committee as aforesaid; who shall have Power, and are hereby authorized, to grant forth Warrants in Writing under their Hands unto any Constables or other Officers (whom they shall conceive most meet), for the levying of the said Sums (taxed and set by them, refused or neglected to be paid as aforesaid) by Way of Distress and Sale of the Goods of the Person or Persons so refusing, wherever the same shall be found, and selling so much as may satisfy and pay the Assessment, and restoring the Overplus to the Owner and Owners thereof respectively; and if any Person or Persons so distrained, or others, shall make Resistance, it shall and may be lawful to and for the said Constables, or other Officers, or any of them, as they shall see Cause, to call to their Assistance any of the Trained Bands, Voluntiers, or other Forces, within the said Place or Places where such Resistance shall be made, who are hereby required to be aiding and assisting unto them in the Premises, as they will answer the contrary thereof; and in case no Distress is or may be found, whereby to satisfy and pay the Sums assessed as aforesaid, then the said Committee, or any Seven or more of them, with Approbation and Assent as aforesaid, shall have Power, and are hereby authorized, to sequester the Rents and other Estates of all such Person and Persons so refusing or neglecting to pay the same, until such Time as the said Rates and Assessments shall be fully satisfied and paid; and also that their Arms be taken away and seized, by the said Committee or their Agents, for the Use and Defence of the said County: And be it further Ordained and Declared, That if any Person or Persons shall find him or themselves aggrieved, and can make it truly and justly appear that he or they is or are over-rated, such Person or Persons, (fn. 10) at any Time before Distress taken of his or their Goods, may complain to the Committee for the Weekly Assessments of the said County, or any Two of them, who are hereby invested with Power and Authority to relieve them, as they shall see Cause: And be it further Ordained and Declared, That whatsoever Sums of Money are or shall be set or imposed, by virtue of this Ordinance, upon any Landlords, for or in respect of any Lands, Tenements, or Hereditaments, held of them by any Tenants, the same Sums of Money shall be paid by their several and respective Tenants (for and on the Behalf of the said Landlords); which said Sums of Money being paid by the said Tenants, they shall deduct and defalk out of the next Rents payable by them unto their Landlords; and for so doing, the said Tenants shall be (by Force of this Ordinance) saved harmless: And be it further Ordained and Declared, by the said Lords and Commons in Parliament, That the said Committee, and Treasurers by them appointed, by this Ordinance, shall from Time to Time give an Accompt of all such Sums of Money as shall by them be levied and raised by virtue of this Ordinance, and how issued forth, unto the Committee for the Weekly Assessments for the said County, or any Two or more of them, whereof One to be a Deputy Lieutenant, when and as often as they shall be by them called thereunto: And it is further Ordained and Declared, That the said Committee appointed by this Ordinance, or the major Part of them, shall have Power and Authority to add unto themselves such other trusty Persons to be of their Committee, as shall be nominated by them, and approved of by both Houses of Parliament; and shall have Power to appoint and make out of themselves such Sub-committees as unto them shall seem expedient; every of which Sub-committees shall and may exercise and execute such Power and Authority as shall be delegated unto them by the said Committee, or the major Part of them, for the better Expedition and Execution of the Premises: And it is further Ordained and Declared, That the said Inhabitants of the County of Middlesex may associate themselves with any Hundreds, Towns, Parishes, or Places, within the Counties of Bucks, Essex, Hertford, or Berks, as will associate with them, for the mutual Defence and Preservation of themselves, and of the said associated Places, against Papists, Malignants, and other the common Enemies of the King, Parliament, and Kingdom; and also to admit into their Committees aforesaid such Persons of the said City, Counties, Hundreds, Parishes, and Places, as shall be by them nominated, and approved of by both Houses of Parliament; and such Persons which shall be nominated and approved as aforesaid shall, after such Approbation, have the same Power and Authority, to all Intents and Purposes, within the several and respective Places, which, according to this Ordinance, shall consent to such Association, as the Committees for the County of Middlesex have granted and allowed to them by this present Ordinance: And it is lastly Ordained and Declared, by the said Lords and Commons in this present Parliament assembled, That the said Forces raised by virtue of this Ordinance shall be ordered, governed, exercised, and disposed of, by the said Committee, or the major Part of them, by the Advice and Direction of the Lord Lieutenant or Deputy Lieutenants of the said County of Middlesex, or any Three of them, for the Defence and Safety of the said County, and shall not at any Time be drawn out of the same without their Consents as aforesaid.

Provided always, That such Rates and Assessments as shall be made by virtue of this Ordinance, upon any Members, Assistants, or Attendants, upon either of the Houses of Parliament, shall, before the same be levied, be presented to the respective Houses whose Members, Assistants, or Attendants, shall be concerned therein respectively, and by such respective House allowed and approved of; any Thing in this Ordinance contained to the contrary notwithstanding."

Adjourn.

House adjourned till 9^a, Monday Morning next, Dominis sic decernentibus.