House of Lords Journal Volume 6: 30 March 1644

DIE Sabbati, 30 die Martii.

PRAYERS, by Dr. Burges.

Lords present this Day:

Ds. Grey de Warke, Speaker.

Ordinance for paying Tithes to Ministers put in upon Sequestrations.

An Ordinance brought in by the Lord General, concerning the Payment of Tithes to Ministers put in upon Sequestrations by the Parliament; which being read Twice, it was committed to these Lords following:

Message from the H. C. to expedite Two Ordinances.

A Message was brought from the House of Commons, by Sir Rob't Pye:

To desire their Lordships to give Expedition to the Ordinance concerning Salt-petre, and the Ordinance concerning Sir W'm Waller.

The Answer returned was:

Answer.

That this House will send an Answer, by Messengers of their own, in convenient Time.

E. of Stamford to have 400 l. of the E. of Arundel's Assessment.

This Day the Order was read, for the Earl of Arundell to pay Five Hundred Pounds down, Part of the Thousand Pounds assessed upon him for his Twentieth and Fifth Part.

And this House Ordered, That Four Hundred Pounds of this Five Hundred Pounds shall be paid to the Earl of Stamford, in Part of his Arrears, upon Accompt.

Oath of Secresy.

Ordered, That this (fn. 1) House will take into Debate the Matter of the Conference with the House of Commons reported by the Lord Wharton, on Monday Morning next, the First Business.

Message from the H.C. with an Ordinance;

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

To desire their Lordships Concurrence in an Ordinance for paying Nine Thousand Pounds to the Lord General, for his Army.

and that they agree to the Necessaries being sent to the Queen.

Also to let their Lordships know, that the House of Commons do agree with their Lordships, in granting a Pass for sending the Particulars to (fn. 2) Oxford, for the Queen's Lying-in, according to the Desire of the Petitions sent down.

The Ordinance was read, and Agreed to.

(Here enter it.)

The Answer returned was:

Answer.

That this House agrees with the House of Commons in the Ordinance now brought up.

Hunt and Flory.

Upon reading the Petition of Rob't Hunt, Lieutenant Colonel, against one Flory: It is Ordered, in regard that the Business between [ (fn. 3) them is] in a Course of Law in the King's (fn. 4) Bench, that it be left to the Proceeding there.

Private Petitions not to be received.

Ordered, That no new Petitions concerning Private Business shall be received into this House until May-day next.

Sir William Waller's Ordinance.

Next, the Amendments in the Ordinance concerning Sir Wm. Waller (fn. 5) were read, and Agreed to. (Here enter it.)

Sutton Marsh.

The Order concerning Sutton Marsh was read, and approved of. (Here enter it.)

Commissioners of Excise to re-pay themselves 9,000 l. advanced for the Lord General's Army.

"Whereas John Towse Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of Nine Thousand Pounds, for the present Discharge of One Fourteen Days Pay unto his Excellency the Lord General's Army: Be it Ordained, by the Lords and Commons in Parliament assembled, That the said John Towse, and the rest of the Commissioners aforesaid, shall and may re-pay themselves the said Sum of Nine Thousand Pounds, out of the First Income and Receipts of the Excise, upon the Ordinance of Parliament of the Eleventh of September last; any Ordinance or Ordinances to the contrary notwithstanding."

Order concerning Sutton Marsh.

"Whereas, by an Order made by the Lords in Parliament, dated the 3d of May, 1642, it was, amongst other Things, directed, that Sir Jarvase Scroope and Sir John Jacob, Knights, shall have Power to receive the Rents of the Lands called Sutton Marsh, in the County of Lincolne, and the Arrearages thereof, of the Tenants there, and to dispose of the said Lands, and to repair the Banks and Sluices, until the Cause depending in this House between the Right Honourable the Lord Phillip Harbert and others, against the Right Honourable the Lord Duke of Richmond and others, should be determined in this House, or otherwise settled by Consent of Parties; which Power, by an After-order of this House, of the 10th of May, 1643, was settled wholly in the said Sir John Jacob, who, by reason of the Distractions of the Time, and Tumults of the Country (who have often essayed to destroy the said Marsh), hath not raised so much Money as will pay the Charges of repairing the Banks and Sluices, and, being little concerned in the Business, hath neglected the Receipts of any Profits to any considerable Value; and whereas one Thomas Welby, of Boston, under Pretence of a Sequestration as the said Duke's Lands (the same being formerly under Sequestration by this House, for the Benefit of the Party that shall have Right to the same), hath, under that Pretence, received of the Tenants in Money, and levied in Corn and otherwise there, to the Value of above One Thousand Pounds and upwards (as this House is informed), for which he hath produced no Warrant, nor yieldeth any Accompt thereof: It is this Day Ordered, by the Lords in Parliament, for the better securing the said Rents for the Benefit of those to whom the same shall fall out to belong, That the former Power, given and settled upon Sir John Jacob as aforesaid, is hereby wholly discharged; and the Sequestration and Receiving of the said Rents and Arrearages of Rents there committed to the Right Honourable Phillip Earl of Pembroke & Mountgom'y; who hath also Power hereby, by himself and his Assigns, to set and let the said Lands, and to maintain the Banks and Sluices, as also to give reasonable Allowance to the Tenants, of such extraordinary Charges as they have been, or shall be at, in defending the Possession; and the Tenants of the said Marsh Lands are hereby ordered and directed to pay the said Rents and Arrearages to the said Earl of Pembroke, or his Assigns, accordingly, for which the said Earl is to be accountable as this House shall order and direct: And it is hereby further Ordered, That the said Thomas Welby shall forthwith, upon a Copy of this Order delivered him, appear, and render an Accompt to this House of all the Money, Corn, and Profits, by him received and levied out of the said Marsh Lands, and pay the same unto the said Earl of Pembroke, or his Assigns: And lastly it is Ordered, That, in case of any Tumults or Riots, the Militia thereabouts shall be aiding and assisting to the said Earl of Pembroke, or his Assigns, as Occasion shall require; and if the said Welby shall not conform himself to this Order, and that the Tenants shall refuse to pay their Rents, upon Information thereof to this House, their Lordships will send for them, to answer such their Contempts."

An Ordinance for the raising, maintaining, paying, and regulating, of Three Thousand Foor, One Thousand Two Hundred Horse, and Five Hundred Dragoons, to be commanded by Sir William Waller, as Serjeant Major General of the said Forces under his Excellency the Earl of Essex Lord General, and of all other Forces raised, or to be raised, in the associated Counties of South'ton, Surrey, Sussex, and Kent.

Ordinance for raising an Army under Sir William Waller, in Hampshire, &c.

Whereas the associated Counties of South'ton, Sussex, Surrey, and Kent, are raising Three Thousand Foot, Twelve Hundred Horse, and Five Hundred Dragoons, to be under the Command of Sir Will'm Waller Knight, Serjeant Major General of all the Forces under his Excellency the Earl of Essex Lord General, raised, and to be raised, in the said Counties, a considerable Part whereof, both of Horse and Foot, are already raised; and whereas the said Counties have bought many Arms and Ammunition, and must buy more, and must be at great Charge in raising, maintaining, and recruiting the said Forces, making and erecting of Fortifications, Magazines, Courts of Guards, and other Things requisite and necessary for the Defence and Safety of the said Association against the Invasions and Insurrections of the Enemy; and whereas the Ordinance of both Houses of Parliament, for the seizing and sequestering of the Estates of Papists and other Delinquents, hath not been put into that due and speedy Execution as the Necessity and Urgency of the present Affairs do require: It is Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the Committees nominated in the said Ordinance for associating of the said Counties, of the 4th of November last past, or any Four of them, do forthwith take some effectual and speedy Course, in their several and respective Counties, for the better and present executing of the said Ordinance for Sequestrations; who shall have, and are hereby ordained to have, the same Power, to all Intents and Purposes, as the Committees mentioned in the said Ordinance for Sequestrations: And it is further Ordered and Ordained, That such Sum or Sums of Money as shall be had, levied, or received, of any Person or Persons, in Two of the said associated Counties, videlicet, in the Counties of South'ton and Sussex, by virtue of any Ordinance of both Houses of Parliament for the seizing and sequestering the Estates of Papists and Delinquents, shall, forthwith after the levying and receiving thereof, be paid to such Treasurer or Treasurers of the several and respective Counties, as the Committees of the respective Counties, nominated in the said Ordinance of the 4th of November, or any Four of them, shall nominate and appoint; and such Sum or Sums of Money as shall be had and levied, or received, in the other associated Counties, videlicet, in the Counties of Kent and Surrey, by virtue of any Ordinance of Parliament for sequestering the Estates of Papists or Delinquents; deducting Six Shillings Eight Pence in every Pound levied or received as aforesaid, for the better encouraging the said Two Counties and Committees thereof in the due Execution of the said Ordinance, shall forthwith be paid unto the Treasurer nominated in the said Ordinance for Sequestration; and the said Six Shillings Eight Pence, to be deducted out of every Pound levied or received as aforesaid in either of the said Counties of Surrey and Kent, shall be paid to such Treasurer or Treasurers of the said respective Counties of Surrey and Kent, as the respective Committees of the said Two Counties, nominated in the said Ordinance of the 4th of November, or any Four of them, shall nominate and appoint; which said Sums of Money, to be paid as aforesaid to such Treasurer or Treasurers of the said several and respective Counties of South'ton, Surrey, Sussex, and Kent, to be nominated as aforesaid, to the respective Committees of the said Counties nominated in the said Ordinance of the 4th of November, shall be employed and issued forth, by the said respective Committees of the said several and respective Counties, or any Four of them, towards the maintaining of such Forces raised, or to be raised, in the said associated Counties, by Authority of both Houses of Parliament, and towards the doing and providing such other Things requisite and necessary for the Defence and Safety of the said Association; and the said respective Committees, or any Four of them, have hereby Power given them to call all Collectors, Treasurers, or others that have, or shall be thought to have, any of the said Monies in their Hands to Accompt; and to cause the said Monies in their Hands to be paid unto the said Treasurer or Treasurers of the said respective Counties; and if any of the said Collectors, Treasurers, or others, shall refuse to account, or to pay in the Monies as aforesaid wherewith they are charged, then the said respective Committees, or any Four of them, shall set them double the Sum charged upon them; which if it be not paid within Six Days after the Sum set, and Notice thereof left at his or their Dwellinghouse, it shall be lawful to distrain for the same; and if there be no sufficient Distress wherewith to satisfy, then the respective Committees, or any Four of them, may imprison the Offender herein, and sequester his Estate, until the Money charged and the Sum set be levied and paid.

And be it further Ordained, 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 Propositions herein expressed, the same to be paid Weekly to the several Collectors, and by them to such Treasurer or Treasurers General of all the said associated Counties as shall be nominated by any Four of the said Committees of every of the said several and respective Counties, Two whereof of every of the said Counties shall be Members of the House of Commons; (that is to say,)

And the said Weekly Payment is to begin from the 10th of February, in the Year of our Lord God 1643; and so to continue Weekly, for Four Months next ensuing: And be it further Ordained, That every Person or Persons, that are to be assessed or charged by any former Ordinance of Parliament, shall be assessed and charged by this Ordinance, and shall be liable to as great Forfeitures and Penalties for not paying of the Sum or Sums hereby assessed, as they should have been if the same had been assessed by virtue of the said Ordinance for the associating the said Counties, of the 4th of November last past; and the said several and respective Committees, or any Four of them, are to take Care for the assessing, raising, or levying, of the Money mentioned in this present 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 Ordinance of the 4th of November; and the several Collectors shall pay the several Weekly Sums by them collected, at the Place or several Places where the Standing Committee nominated by virtue of the said Ordinance of the 4th of November shall order and direct, and to the said Treasurer General of the Association; which said Treasurer General is to issue forth the Monies received for the Purposes aforementioned, according to the Warrants or Directions of the said Standing Committee, or any Five of them: And be it Ordained, That all the Weekly Sums of Money that shall be raised and levied, in the said several and respective Counties, by virtue of this present Ordinance, shall be applied only to the Service and Maintenance of the respective Forces of those Counties wherein the said Money shall be so raised, the same to be issued forth and employed as abovesaid, according to the Warrant or Warrants of the said Standing Committee, or any Five of them: And be it further Ordained, That no Person or Persons whatsoever be admitted or allowed to be an Officer, or Commander, or Common Soldier, in the said Service of the said respective Counties, unless they shall first take both the late Solemn Vow and Covenant, and the National Covenant, ordained to be taken through the whole Kingdom by Ordinance of both Houses of Parliament.

And be it further Ordained, That all the said Captains, both of Horse and Foot, are to make good, from Time to Time, to the said Standing Committee all the Horses, and Horse-arms, and Foot-arms, that shall be lost or embezzled by them under their Commands, unless they can make it appear that they were lost in actual Service against the Enemy; and the said Captains are enjoined to appoint a List, under their Hands, to the said Standing Committee, of all Men, Horse, and Arms, raised or to be raised by the said associated Counties, and under their Commands. And it is likewise Ordained, That no free Quarter shall be taken in any of the said associated Counties; and if any Forces 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, 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 be it further Ordained, That all the Forces raised, and to be raised, in the said associated Counties, shall be kept entire, and not drawn forth out of the said Counties, or kept or continued forth upon any Service, without the Knowledge and joint Consent of the said Sir William Waller and the said Committee that shall be appointed by virtue of this present Ordinance to be continually in the Army with the said Sir William Waller, while they are together, or of One of them while they are distant One from another, or without particular Directions of Parliament, or of the Committee appointed for the ordering and directing all Matters concerning the War, by Ordinance of both Houses of Parliament.

And be it further Ordained, That every Captain both of Horse and Foot, and every other Superior and Inferior Officer, or other, in the said Army of the said Sir William Waller, belonging to the said associated Counties, whose Pay cometh to Ten Shillings a Day or above, shall take but Half the Pay due unto him; and shall respite the other Half upon the Public Faith, until this unnatural War 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 this unnatural War be ended; and when there is Three Months Pay due to any of them, or more, a Certificate thereof from the said Sir William Waller shall be a sufficient Warrant to demand the said Monies owing upon the Public Faith as aforesaid.

And be it further Ordained, that the said Standing Committee be hereby enabled, from Time to Time, to make Choice of and appoint such [ (fn. 6) Person or] Persons, nominated Committees by virtue of this present Ordinance to reside with Sir William Waller, in the Army raised in the Counties aforesaid; which Persons, so to be appointed and made Choice of, are at all Times to advise with the said Sir William Waller, in all Matters concerning the Good and Safety of the said Counties; and the said Standing Committee shall have Power hereby, at all Times, to re-call from the said Sir William Waller the said Persons appointed, or to be appointed, to reside with him as abovesaid, and to send others in their Places; and to give further Instructions unto them, for the promoting of the Service of the said Counties, as they in their Judgements shall think fit.

Provided always, and be it Ordained, by the Authority aforesaid, That, in the Absence of his Excellency the Earl of Essex Lord General, the said Sir Will'm Waller shall command, and have the full Power of a Commander in Chief, in the said associated Counties, over all the Forces raised, or to be raised, as aforesaid, notwithstanding any Expressions in this present Ordinance.

"And be it lastly provided, That the several Estates of Sir George Sandys in the County of Kent Knight of the Bath, and of Sir Edward Hales of the said County of Kent Knight and Baronet, sequestered and granted by Ordinance of Parliament for the Use of Plymouth and Gloucester, shall remain, continue, and be, to the said Uses; any Thing in this Ordinance contained to the contrary in any Wise notwithstanding."

Adjourn.

House adjourned till 9 ^a cras.