DIE Jovis, 22 die Februarii.
PRAYERS, by Mr. Marshall.
Lords present this Day:
Ds. Grey de Warke, Speaker.
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Comes Pembrooke.
Comes Sarum.
Comes Kent.
Comes Lyncolne.
Comes Bolingbrooke.
Comes Rutland.
L. Viscount Say & Seale.
Comes Stamford.
L. General.
L. Admiral.
Comes Nottingham. |
Ds. Dacres.
Ds. Howard.
Ds. Bruce.
Ds. Wharton.
Ds. Hunsdon. |
Mrs. Rogers's Petition, for an Allowance out of the Living of St. Buttolph's, sequestered from her Husband.
Upon reading the Petition of Ann Rogers; shewing,
That her Husband being by Judgement of this House
sequestered from his Living at St. Buttolp without
Bishoppgate, shewing she is in great Want for Maintenance: Therefore she humbly prays, that their
Lordships would take her Condition into Consideration, and allow her some Maintenance out of the
said Living.
Hereupon this House Ordered, That a Certificate
of the Value of the Profits of the Living shall be presented unto this House; and then this House will take
into Consideration what Allowance to make her.
Message from the H. C. for a Conference about the Ordinance for taking the Accompts;
A Message was brought from the House of Commons, by Sir Rob't Pye and others:
1. To desire a present Conference, if it may stand
with their Lordships Conveniency, touching the Ordinance concerning the taking of the Accompts of the
Kingdom.
to expedite the Oath of Secrecy;
2. To desire their Lordships would expedite the Oath
for Secrecy, to be taken by the Committees of both Kingdoms.
and Sir Walter Erle's Orders.
3. To give Expedition to the Order concerning making Sir Walter Earle Lieutenant of the Ordnance.
The Answer returned was:
Answer.
That their Lordships will give a present Conference,
in the Painted Chamber, as is desired; to the other
Particulars of this Message, their Lordships will send
an Answer by Messengers of their own.
Letter from the Parliament's Agent in Holland, in Favour of the Prince Elector.
Next was read, a Letter from Mr. Walter Strickland,
Agent for the Parliament in Holland, dated the 15 / 25 January, 1643, which was sent down to the House of
Commons at a Conference: And because there is an
Expression in the Letter of the good Affections of the
Prince Elector to the Parliament, to acquaint the House
of Commons, "That the Opinion of this House is,
That whereas Prince Rupert, and Prince Maurice,
deserves ill from this Kingdom, for (fn. *) their Activeness in this War against the Parliament, so they think
it fit that the Prince Elector may have Expression
from the Parliament, to acknowledge the same, he being in Want for Maintenance."
Message from thence, about Sir Walter Erle.
A Message was brought from the House of Commons,
by Sir Rob't Pye Knight, and others:
To desire that, at the next Conference, they may communicate something to them concerning Sir Walter
Erle.
The Lord Admiral, and the Lord Viscount Say &
Seale, and the Lord Wharton, are to report the next
Conference.
The Answer returned was:
Answer.
That this (fn. †) House will receive, at the next Conference, what they shall offer concerning Sir Walter Erle.
Ordinance for Importation of Bullion.
The Lord Admiral presented to this House an Ordinance concerning bringing in of Bullion into this
Kingdom; which was commanded to be read.
Which Ordinance was read Twice, and ordered to be
committed to these Lords following:
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L. Admiral.
Comes Pembrooke.
Comes Sarum.
Comes Lyncolne.
Comes Rutland.
Comes Kent.
L. Viscount Say & Seale. |
Ds. Howard.
Ds. Bruce.
Ds. Wharton. |
Their Lordships, or any Three, to meet To-morrow
in the Afternoon, at Three of the Clock.
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And Mr. Derick Host,
Mr. Kilvert,
Sir John Nulls.
Mr. Jo. Lemott.
Mr. Avery.
Mr. Nathan Wright, and
Mr. Lentall, |
Spanish Merchants, |
Are to have Notice to attend the said Committees, that so Merchants on both Sides may be heard concerning the Conveniencies and Inconveniencies of the Ordinance. |
Sir Walter Devereux's Cause.
Ordered, That the Cause of Sir Walter Devereux
shall be heard in this House, by Counsel on both Sides,
the Third of April next.
Sir John Conyers, Leave to stay in Holland.
Ordered, That Sir John Conyers, Lieutenant of The
Tower of London, hath Leave to continue still in (fn. ‡)
Holland, where now he is, until Midsummer-day next.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Report of the Conference on the Ordinance for taking the Accompts of the Kingdom;
And the Lord Wharton reported the Effect of this
Conference:
That it was delivered by Mr. Crewe, that the
House of Commons received from their Lordships the
Ordinance concerning the taking of Accompts of the
Kingdom; and to Two Alterations they cannot agree to:
1. Concerning Mr. Prynn, they desire he may stand
in the Ordinance.
2. Concerning the Speaker of their House to give
an Oath, they desire those Words may stand; for,
It is a Power allowed him in the Ordinance for
the Excise.
2. 'Tis an Ordinance in Nature of a Law, not a
Power claimed, but given; and they do not
challenge it as a Right, but granted by an
Ordinance.
3. 'Tis in an Act of Naturalizations granted.
and concerning Sir Walter Erle being Lieutenant of the Ordnance.
Further Mr. Hollis delivered, "That, upon the Death
of Mr. Pym, the House of Commons voted Sir Walter
Erle to be Lieutenant of the Ordnance on the 11th
of December last, and desired their Lordships Concurrence therein; but the 3 of January last [ (fn. *) their
Lordships], without (fn. †) giving any Answer herein, sent
to recommend to the House of Commons Lieutenant
Colonel Davys for that Place, who is a Person the
House of Commons values very much, and will be
ready upon any Occasion to express their Affection to
him, for the good Service he hath done to the State;
and they shall be ready to concur with their Lordships
in any Thing else, whereby he may receive a Testimony of their Sense of his Sufferings for the Public:
And because Sir Walter Erle
(fn. ‡) is a Person every
Way deserving for that Place, they desire that their
Lordships would please to concur with the House of
Commons in the Ordinance formerly brought up.
Ordinance for taking the Accompts.
The House taking this Conference into (fn. ||) Consideration; Ordered, To agree to the Ordinance for taking
of the Accompts of the Kingdom, as it came from the
House of Commons. (Here enter it.)
Sir Walter Erle's Ordinance.
Ordered, That this House agrees to the Ordinance
for nominating and appointing Sir Walter Erle to be
Lieutenant of the Ordnance, as is desired by the House
of Commons. (Here enter it.)
Message to the H. C. that the Lords agree to them.
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Doctor Aylett:
To let them know, that this House agrees to the Ordinance concerning Sir Walter Erle to be Lieutenant of
the Ordnance; and do likewise agree to the Ordinance
for taking the Accompts of the Kingdom, as it came
from them.
And to desire their Concurrence in an Order for instituting Mr. Salusbury to be Parson of . . . . . . . . .
in the County of Suff.
An Ordinance of the Lords and Commons assembled in Parliament, for taking and receiving of the Accompts of the whole Kingdom.
Ordinance for taking the Accompts of the whole Kingdom.
Whereas divers Sums of Money and other Goods
have been raised, levied, and taken, by divers Persons,
partly by virtue of several Acts of Parliament, Ordinances, and Orders of both or One of the Houses
of Parliament, and partly by Pretence and Colour
of the said Acts, Orders, and Ordinances, or some of
them, and by other Persons without any Authority
at all, upon Pretences nevertheless for the Use or
Service of the Commonwealth: The Lords and Commons in Parliament think it very necessary, and do
Ordain, That all and every the Receivers of such
Sums of Money, Goods, and other Things, shall
make a perfect Accompt of all and every the said
Sums and Goods, and for that Purpose have appointed
a Committee hereafter named; and whereas the Lords
and Commons hold it fit that no Person liable to any
such Accompts shall be of the said Committee, or of any
Sub-committee, for taking the said Accompts; and,
for the more speedy taking of the same Accompt,
have Declared, That no Member or Officer of either
House of Parliament, or Assistant of the Lords House,
or Officer of the Army or other Forces raised by the
Parliament, shall be of the said Committee, or any
the Sub-committees: Be it therefore Ordained, by
the Lords and Commons in Parliament, That the
Persons hereafter named, that is to say, William Cockaine and William Methold Merchants, John Glover,
John Stevens, and William Prynne, Esquires, Thomas
Hodges and Henry Hunter Merchants, Edmund Cason,
Samuell Elliott, and Walter Boothby, Gentlemen, John
Langley, John Gregory, Oliver Clowbery, Thomas Hutching, Anthony Bidolph, and Robert Ellis, Merchants,
Edward Meade, Thomas Andrewes, Nicholas Gold,
Christopher Packe, Daniell Hudson, George Witham,
Lawrence Brinsley, Andrewe Kendrick, and Will'm Collins,
Gentlemen, shall be a Committee, for the taking of
the said Accompts of all and every the Treasurers,
Receivers, Collectors, or Agents for the Parliament,
Members, or Officers of either House of Parliament,
or Assistants of the Lords House, Officers of the
Army, or other Forces raised by Authority of both
Houses of Parliament, or other Person or Persons
whatsoever, which have taken, received, or issued out,
or shall receive or issue out, or shall be otherwise
chargeable with, any the said Monies, or other Goods
raised, levied, or taken, or that shall be received, issued out, raised, levied, or taken, as aforesaid; and
to enquire of all Frauds, Deceits, or Misdemeanors,
concerning the Premises, as also of the Sums of Money that are rated and assessed upon any Person or
Persons, and not yet paid, or which shall not at the
Time of such Accompt be paid, and to certify the
same to both or either of the said Houses, or to any
Committee by both or either of the said Houses in
that Behalf to be appointed; and every Person of the
said Committee hereby ordained, before he enter
upon the said Service, shall take an Oath before the
Speaker for the Time being of either of the said
Houses, for the due Execution of the said Service;
which Oath the several Speakers for the Time being
of both the said Houses shall have Power, and are
hereby authorized, to administer; the Tenor whereof shall be as followeth; videlicet,
1 A. B. do swear, that, according to my best Skill
and Knowledge, I shall faithfully, diligently, and
truly demean myself, in taking the Accompts of
all such Persons as shall come before me in Execution of an Ordinance of both Houses of Parliament,
intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for taking and receiving of the Accompts of the whole Kingdom,"
according to the Tenor of the said Ordinance; and
that I shall not, for Fear, Favour, Reward, or Affection, give any Allowance to conceal, spare, or discharge any: So help me God.
And the said Committee, or any Five or more of
them, shall have Power, and are hereby authorized,
if they shall see Cause, to make and ordain Sub-committees, in any County, City, or Place, where they
shall think meet; who shall have the like Power
and Authority within their several Limits, as the said
Committee before named is authorized to have by
virtue of this present Ordinance, and shall take the
said Oath before any Two or more of the said Committee, or such as they shall appoint, who shall have
Power, and are hereby authorized and required, to
administer the same; the said Oath to be taken before they take upon them the Execution of the (fn. *) same.
And the said Committee herein named, and every
such Sub-committee as aforesaid, or any Two or more
of them respectively, shall have Power, and are hereby authorized and required, to call before them all
and every the Persons chargeable as aforesaid, and
to cause them to accompt (fn. *) for all and every such Monies and Goods for which they or any of them shall
be so chargeable and accountable as aforesaid, which
Accompt shall be given in upon Oath; and the said
Committee, or Sub-committees, or any Two or more
of them, are hereby authorized to administer the said
Oath, the Tenor whereof shall be as followeth; videlicet,
I. A. B. do swear, that I shall, according to the
best of my Knowledge, give in to this Committee
(or Sub-committee) a just and true Accompt of all
and every the Monies or other Goods by me, or any
other by my Appointment, or to my Use, received
or issued out, levied, or taken, by virtue of any
Act of this present Parliament, Order, or (fn. †) Ordinance
of both or One of the Houses of Parliament, or by
Colour or Pretence of any such Act, Order, or Ordinance, or for which I am any Way chargeable or
accountable by force or virtue of a late Ordinance of
both the said Houses, intituled, "An Ordinance of
the Lords and Commons assembled in Parliament,
for taking and receiving of the Accompts of the
whole Kingdom;" without any Fraud or Concealment whatsoever: So help me God.
And shall (fn. ‡) have likewise Power, and are hereby
authorized, to direct the Manner of the said Accompts, and to examine as well the Persons accountable, as any Witnesses or others that can inform or
testify any Thing material touching the Premises,
upon their Corporal Oaths (which they are hereby
authorized to administer); and to send for any Person or Persons whom they shall think fit, and to
cause them to bring in and produce any Books of
Accompts, Writings, Papers, Inventories, Appraisements, Rentals, and other Things necessary touching
the Premises; and if any Person or Persons, in whose
House or Custody any such Books, Writings, Accompts, or Papers concerning the said Accompts,
shall be supposed to be, shall refuse to shew and produce them, then the said Committee or Sub-committees respectively, or any Two or more of them, may
cause any Doors, Locks, Bolts, Chests, Trunks, or
other Places, of or belonging to any such Person or
Persons (being no Member of either House of Parliament), to be opened, whereby Search may be made
for any such Things; and if any Person or Persons
shall refuse to come or appear before the said Committee or Sub-committees, or any Two or more of
them respectively, upon convenient (fn. ||) Summons, or
shall otherwise wilfully disobey or withstand their
Command in or concerning the Premises, then they,
or any Two or more of them respectively, shall have
Power to grant out their Warrants for the apprehending of every such Person (being no Member of either
House of Parliament), and to punish him by Fine
and Imprisonment, and to break open any Doors,
Locks, Bolts, Chests, Trunks, or other Places of or
belonging to such Person, whereby Search may be
made as aforesaid; and if any such Person so refusing
to deliver in the Books, Papers, or Writings aforesaid, or disobeying notwithstanding their Commands,
be a Member of either House of Parliament, then to
certify his Name and Offence to both or either of
the said Houses, or to such as they shall appoint to
receive the same.
And shall have Power, and are hereby authorized
and required, to examine all and every the said Person and Persons chargeable as aforesaid, by what
Warrant or Warrants they or any of them have received or issued out, or shall receive or issue out, any
such Monies or Goods, and to use all fitting Means
for the Discovery of the Truth in and concerning the
Premises, as Occasion shall require; and shall certify
their Proceedings and Doings therein to both or either of the said Houses of Parliament, or such as
they shall appoint from Time to Time, when and as
oft as they shall be thereunto required.
And the said Committee and Sub-committees, or
any Two or more of them respectively, shall have
Power to appoint Clerks, Registers, and other Agents
and Ministers under them, for the better expediting
of the said Service, as they shall think fit, and to
keep One or more Office or Offices for that Purpose,
in such Place or Places as they shall think most convenient, and to do all such other Acts and Things
which shall necessarily conduce to the Execution of
the said Service; and they, and all others that shall
be employed in and about the said Service, shall be
therein protected and saved harmless, by the Power
and Authority of both Houses of Parliament; and
the Lords and Commons will in due Time take
Consideration of the Pains of the Committees beforenamed; and the said Clerks, Ministers, and other
Agents, shall have such Recompence for their Charges,
Pains, and Travel in this Behalf, as by the said Committee, or any Five or more of them, shall be thought
fit, and shall be approved of by both Houses of
Parliament; and those that shall make Discovery to
the said Committee or Sub-committees, or any Two
or more of them respectively, of any such Monies or
Goods as aforesaid, concealed or detained by any
other Person who is or ought to be accountable for
the same, shall have Six Pence in every Pound for
his Service therein, and such further Recompence
as shall be thought fit by both Houses of Parliament,
or such as they shall appoint.
And be it further Ordained, That all and every
Person and Persons chargeable or accountable with
any such Money or Goods as aforesaid, by virtue of,
or according to this present Ordinance, shall bring
in his and their Accompts to the said Committee or
Sub-committees for this Service, within their respective Limits, within Ten Days after they shall be
thereunto required by the said Committee or Subcommittee, Four or more of them, unless the said
Committee or Sub-committee shall think fit, in regard of the Length of the same Accompt, or otherwise, to give unto them further Time; under Pain
of Sequestration of their Estates, and such other
Punishments as shall be thought fit by both Houses
of Parliament.
And the said Lords and Commons do further ordain
and command all Sheriffs, Mayors, Bailiffs, Constables, Headboroughs, and other Officers whatsoever, to be attendant, assistant, and obedient, to the
Commands of the said Committees and Sub-committees respectively, under such Penalty of Sequestration or otherwise as aforesaid.
Ordinance for Sir Walter Erle to be Lieutenant of the Ordnance.
It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Sir Walter Erle
Knight shall be Lieutenant of the Ordnance, and
shall execute the said Place in all the Duties thereof, and shall receive all the Profits and Advantages
thereunto belonging, in as ample Manner as any
other Lieutenant of the Ordnance formerly had,
might, or ought to have done.
Adjourn.
House adjourned till 9a, Saturday next.