House of Lords Journal Volume 6: 10 July 1644

DIE Mercurii, 10 die Julii.

PRAYERS, by Mr. Pickeringe.

Domini præsentes fuerunt:

Ds. Grey de Warke, Speaker.

States Ambassadors to have Audience on Friday.

The Speaker reported to the House, "That The States Ambassadors were with him; and understanding that this House had appointed this Day to give them Audience, they desire it might be on the same Day as they were to have Audience by the House of Commons, because they were to deliver the same Thing to both Houses; which would be publicly known before they had Audience by the House of Commons, if they had not Audience the same Day."

Hereupon this House Ordered, That the Master of the Ceremonies shall let The States Ambassadors know, that this House will give them Audience on Friday next, at Ten of the Clock in the Morning, being the same Day that they are to have Audience by the House of Commons; and the Judges and Assistants are to have Notice to attend this House the said Time.

Deereham and Direxham released.

Ordered, That Ric'd Deereham (fn. 1) and Direxham, having submitted to the Order of this House concerning Sutton Marsh: It is Ordered, That they be released from their present Restraint.

Tooly and Hix for vending Bibles printed beyond Sea.

Upon reading the Petition of the Master and Wardens of the Company of Stationers, and the Affidavits of Ric'd Whittaker and John Partridge: It is Ordered, That Tooley and Hix shall be attached as Delinquents, (fn. 2) and brought before this House on Friday Morning next, to answer their Contempts to the Ordinance of Parliament, in selling and venting Bibles printed beyond the Seas, wherein are many erroneous Faults in the Printing it.

Monsieur La Ferte to export Horses.

Ordered, That Monsieur La Ferte, late Ambassador from France, shall have Leave to transport Six Horses into France.

Message from the H. C. to appoint a Church for solemnizing the Thanksgiving, and about the Preachers;

A Message was brought from the House of Commons, by Sir Rob't Harley Knight, &c.

They desire their Lordships would please to name some other Church for solemnizing the Day of Thanksgiving, because the Abby Church is too streight; and whereas Mr. Newcoman is named for One of the Preachers, in regard of his Indisposition of Health, the House of Commons have named Mr. Alexander Henderson to supply his Place, wherein their Lordships Concurrence is desired.

Ordered, That this (fn. 2) House agrees for Mr. Henderson to preach; and this House appoints St. Margerett's Church in Westm.

and with Ordinances.

2. To desire their Lordships Concurrence conce Colonel Stevens, High Sheriff of Gloucestershire.

(Here enter it.)

Read, and Agreed to.

3. To desire Concurrence in an Ordinance for cutting of Turfs for Fuel, for the Cities of London and Westm.

Read Once.

The Answer returned was:

Answer.

That this House agrees to the naming Mr. Alexander Henderson to preach, and to the Order concerning Colonel Stevens: To the rest, this House will send an Answer by Messengers of their own.

Letter giving an Account of the Victory at York.

The Earl of Northumb. reported to this House a Letter directed to the Committee of both Kingdoms, which was read, being an Account of the great Victory [ (fn. 3) gained over] the King's Forces near Yorke.

Hereupon this House Ordered, That Thursday come Sevennight shall be kept a Day of Thanksgiving, through all the Kingdom without the Line of Communication, for this Success, which is to be done by Ordinance. And this House thinks it fit that a Letter be written to the Generals, for their great Care in this Business.

Message to the H. C. that the Lords agree to the following Ordinances.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page;

To let them know, that this House agrees in these Ordinances following:

1. The Ordinance concerning Brewers.

2. The Order concerning Excise.

3. The Ordinance (fn. 4) concerning Leycester, with Amendments.

4. To the Ordinance concerning Taking of Accompts, with Amendments.

5. To the adding divers Persons to be Deputy Lieutenants to the County of Sussex.

6. To adding the Names to be Deputy Lieutenants for the County of Lyncolne, excepting Colonel Kinge, concerning whom this House will take some Misdemeanors into Consideration.

Mrs. Bickley's Cause.

Ordered, That the Cause of Mrs. Bickley shall be heard on Wednesday next; and her Husband to be heard, by himself or his Counsel.

Countess of Sussex's Possession of a Fishery quieted.

Upon reading the Petition of the Lady Elinor Countess Dowager of Sussex, complaining (fn. 5) that divers Orders of this House have been disobeyed: It is Ordered, That George Asser, Ric'd French, and Wm. Thompson, and all others, are hereby enjoined to permit the Petitioner to hold and enjoy the quiet Possession of the said River and Water, and Fishings there; and if any Man shall pretend any Title to the said River, Water, or Fishing, and shall commence any Action against the Petitioner, he may commence his Action at Law, and have a Trial, the Petitioner (fn. 6) voluntarily offering to wave her Privilege.

Mr. Weston's Possession in Whittlesea Meere quieted.

Upon reading the Petition of Mr. Weston, complaining, "That he cannot enjoy his Lands in Wittlesey Meere, according to the Orders of this House, by reason of the Tumults of People:" Hereupon it is Ordered, That all the Orders of this House are hereby ratified and confirmed; and the Deputy Lieutenants and the Justices of the Peace of the County shall assist in putting them into Execution.

Message from the H. C. with Ordinances for Concurrence;

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

To desire their Lordships Concurrence in divers Particulars:

1. An Ordinance concerning pressing of Men within the Line of Communication. (Here enter it.)

Read, and Agreed to.

2. An Ordinance concerning Forces of Lancashire; to pay Three Thousand Pounds, for paying those Forces.

(Here enter it.)

Read Thrice, and Agreed to.

3. To desire Expedition in these Ordinances following:

and to expedite the following.

1. The Ordinance for raising of a Standing Army out of several Counties.

2. To the Ordinance concerning the Isle of Wight.

3. To the Oath concerning the Servants of St. James.

The Answer returned was:

Answer.

That this House agrees to the Order concerning the pressing of Men within the Line of Communication, and to the Ordinance concerning paying the Forces in Lancashire: To the rest of the Particulars of this Message, their Lordships will send an Answer by Messengers of their own.

Answer from the H. C.

Sir Rob't Rich, &c. return with this Answer from the House of Commons:

That they agree to all the Particulars of the Message, saving to the Exception against Colonel King; concerning which, they will send an Answer by Messengers of their own. (Here enter the Ordinance of Accompts, and Ordinance for Leycester.)

Ordinance for raising a Standing Army out of several Counties.

The House took into Consideration the Ordinance for the raising of an Army out of several Counties for Two Months, which was read, with Amendments and Alterations; and it was Resolved, upon the Question, to pass with these Amendments.

And it was sent down, by Message, by Sir Rob't Rich and Mr. Page, to the House of Commons, to desire their Concurrence in the said Ordinance with the Amendments; and also to communicate to them, the Petition of Phillip Francis, late Mayor of Plymouth.

States Ambassadors Audience.

Ordered, That The States Ambassadors shall have Audience on Friday next, at Eight of the Clock in the Morning; and the Lords and Judges to have Notice to attend this House.

The Letter from the Generals.

Letter from the Generals of the Armies in the North, of the Victory obtained by the Forces under their Command near York.

"Right Honourable,

"Since our last to your Lordship, the Condition of our Affairs is not a little changed; for, on Monday last, upon Notice of Prince Rupert's March from Knaisburgh towards us, resolved and accordingly drew out the Armies to have met him, and for that End did march that same Night to Longmarston Moore, about Four Miles on the West Side of Yorke; but he, having Notice thereof, did pass with his Army at Borrowbridge, and so put the River of Ouse betwixt him and us, whereby we were disabled to oppose his Passage into Yorke; the Bridge we built on the West Side of the Town being so weak, that we durst not adventure to transport our Armies upon it. This made us resolve the next Morning to march unto Todcaster, for stopping of his Passage Southward; and the Armies being so far on their Way as the Van was within a Mile of it, Notice was sent us by our Horsemen who were upon our Rear, that the Prince's Army, Horse and Foot, were advanced the Length of Longmarston Moore, and was ready to fall upon them; whereupon we re-called the Armies, and drew them up on a Corn Hill upon the South Side of The Moore, in the best Way we could, so far as the Streightness of the Field and other Disadvantages of the Place could permit. Before both Armies were in Readiness, it was near Seven a Clock at Night, about which Time they advanced the one toward the other; whereupon followed a very hot Encounter for the Space of Three Hours, whereof, by the great Blessing and good Providence of God, the Issue was the total Routing of the Enemies Army, (fn. 7) the Loss of all their Ordnance to the Number of Twenty, their Ammunition, Baggage, about One Hundred Colours, and Ten Thousand Arms: There were killed upon the Place about Three Thousand of them, whereof many are Chief Officers; and Fifteen Hundred Prisoners taken, among whom there are above One Hundred Officers, in which Number is Sir Charles Lucas Lieutenant General to the Marquis of Newcastle's Horse, Porter General Major, and General Major Tillier, besides divers Colonels, Lieutenant Colonels, and Majors. Our Loss, God be praised, is not very great; being only of One Lieutenant Colonel, some few Captains, and about Two or Three Hundred Common Soldiers. The Prince, in great Distraction, with a few Horsemen and almost no Foot, marched the next Morning from Yorke Northward. We have lain down again, in our Leaguer before Yorke, which we are in Hope within a few Days to gain, and are resolved to send a great Part of our Cavalry after Prince Rupert. We have nothing to add, but that the Glory of all the Success belongs to God, and the Benefit, we hope, will redound to the whole Kingdom; and we have appointed this next Sabbath for a Day of Public Thanksgiving throughout these Armies; so your Lordships would appoint a Day for the same to be kept throughout the Kingdom, and Notice sent to us thereof, that we may altogether join in it; and we shall continue

"Your Lordship's
Affectionate Friends and Servants,

From The Leaguer before Yorke, 5th July, 1644.

Ordinance for Colonel Stevens, High Sheriff of Gloucester, to have Leave of Absence.

"Whereas Thomas Stephens Esquire is nominated and appointed High Sheriff of the County of Gloucester, and is enjoined and required, by a certain Clause in the Oath to be taken by him the said Thomas Stephens for the Execution of the said Office, that he shall reside and be dwelling, in his own proper Person, within his Bailiffwick, for the Time that he shall be in the said Office, unless he be otherwise licensed by the Lords and Commons in Parliament: Be it therefore Ordered and Ordained, by the Lords and Commons in Parliament assembled, That the said High Sheriff shall have, and hereby hath, full and free Leave and Licence, and is permitted, to be absent from his Bailiffwick, and to dwell and reside out of the said County of Gloucester, notwithstanding any Clause in the said Oath to the contrary."

Order for 500 Soldiers to be pressed, for Capt. Beale.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Committee of the Militia of London shall forthwith cause to be impressed Five Hundred able Soldiers, within the Line of Communication and Parishes mentioned in the Weekly Bill of Mortality, according to an Ordinance dated the Tenth Day of August, 1643; which Soldiers are to be under the Command of Captain Wm. Beale, for the Service of the King and Parliament; and to cause them to be shipped on such Ships as the said Captain shall appoint."

Ordinance to raise 3000 l. for the Forces in Lancashire.

"Whereas, by the additional Ordinance of Excise or new Impost, bearing Date the Eighth Day of this Instant July, it is Ordained, That the Moiety of One Third Part of all such Monies as shall be raised upon the said Ordinance shall be employed towards the Maintenance of the Land Forces in the Service of the Parliament; and whereas the Forces in the Service of the Parliament within the County of Lancaster are in great Want and Distress (fn. 8), and that County wholly spoiled and wasted by the Enemy: Therefore the Lords and Commons in Parliament assembled do Order and Ordain, That Three Thousand Pounds, out of the said Moiety of One Third Part of the said Ordinance for the Maintenance of the Land Forces, shall be paid unto Thomas Stone, Thomas Browne, James Waynwright, and Thomas Markland, Citizens of London, for the Use of the Forces within the said County of Lancaster (which said Sum of Three Thousand Pounds was formerly granted unto that County, upon a Contract with the Committee of the Safety); and an Acquittance under their Hands, or any Three of them, shall be a sufficient Discharge to the Commissioners of Excise for so much Money as they shall receive, so as the same do not exceed the said Sum of Three Thousand Pounds; and the said Thomas Stone, Thomas Browne; James Waynwright, and Thomas Markland, shall pay the said Sum of Three Thousand Pounds, or so much thereof as they shall receive, unto Humphrey Cheetome Esquire, Treasurer of the said County of Lancaster, who shall issue the same by Order of the Deputy Lieutenants, or any Six of them, unto such Forces of the said County as shall henceforth go on in the Service; and no Part of the said Sum of Three Thousand Pounds shall be paid for any Arrears for Time past to any Officer or Soldier within the said County."

"An Ordinance of the Lords and Commons in Parliament assembled, for the Explanation of a former Ordinance, for the taking and receiving the Accompts of the Kingdom.

Ordinance to explain the One for taking the Accompts of the Kingdom.

"Whereas, upon the former Ordinance of both Houses of Parliament for taking the Accompts of the Kingdom, some Doubt doth arise, whether there be sufficient Power given the Committee named in that Ordinance, by the express Words thereof, to determine any Accompts by them taken, and to receive and keep the Vouchers which concern the same Accompts; and whereas the Sub-committees to be appointed by them, by virtue of the said Ordinance, in any County, City, or Place, where they shall think meet, have the self-same Power given them, within their several Limits, as the said Committee hath, and are not appointed to receive any Directions from, or to return any Accompts unto them, which will prove inconvenient, and hinder the orderly taking of the said Accompts by the said Committee:

"Be it therefore Ordained, by the Lords and Commons in Parliament, That the said Committee, or any Five or more of them, shall have Power and Authority to determine the Accompts by them taken, to give Discharges in Writings under the Hands of any Five or more of them, and to receive and keep all Vouchers which concern the same; and that all and every Sub-committees appointed, or to be appointed, by virtue of the said Ordinance, shall pursue such Directions as they shall from Time to Time receive from the said Committee of Accompts for the better ordering and expediting of their Accompts, and likewise to return unto them all and singular Accompts which shall be taken by them, before the same shall be finally determined: And, because a true Accompt cannot be taken, of such Monies as are paid unto the Armies, Officers, and Soldiers, in the several Garrisons, Cities, and Counties of the Kingdom, except exact Musters be duly made and kept of the said Forces and Accompts taken of the Arms and Horse in the several Counties aforesaid, it is hereby further Ordained, That the several Committees of Parliament, or such or so many of them as have Power to execute the several Ordinances in the said Counties, Cities, and Garrisons, shall, from Time to Time hereafter, every Month at the least, or oftener if they shall see Cause, take particular Musters, and keep true Muster Rolls, of all the Officers and Soldiers by Name, now being, or hereafter to be raised, within the said several Counties, Cities, and Garrisons, where they are authorized as Committees of Parliament; and that all Colonels, Captains, and Officers, within the said Armies, Counties, Cities, and Garrisons, raised, or to be raised, shall from Time to Time make good all Horses and Arms under their several Commands, unto the said several Committees of Parliament, in the said several Counties, Cities, and Garrisons aforesaid, unless the same were lost in actual Service; and the said several Committees of Parliament shall return the said Muster Rolls, or true Musters aforesaid, and certify all the Defects therein, and of Arms and Horse aforesaid, unto the Committee for the Accompts of the Kingdom, or unto the several Sub-committees of Accompts in the several Counties of the Kingdom, which the said Sub-committees shall return up unto the said Committee of Accompts in Manner and Form aforesaid, to the End that Satisfaction may be made unto the Commonwealth for such Loss of Horse and Arms, out of the said Officers Pay; and that all Fines to be imposed by virtue of the said Ordinance of Accompts, and all such Sums of Money as the said Committee of Accompts, or any Two of them, shall certify to be due and owing by any Person or Persons upon their said Accompts determined by them, shall be paid into the Chamber of London, and shall not be issued out but by Orders of both Houses, which Orders shall be first entered with the said Committee of Accompts before any Money be paid upon the same, other than Arrears of such Monies as by particular Acts of Parliament and Ordinances are limited to particular Treasurers, nominated in the said Acts of Parliament and Ordinances, which shall be paid into the said Treasurers: And be it further Ordained, by the Authority aforesaid, That such Sum and Sums of Money as the said Committee, or any Five of them, shall find necessary for the paying and satisfying of the Registers, Accomptants, Clerks, Agents, and Ministers employed by them, or otherwise for defraying any Charges for taking the said Accompts, shall be paid out of the Chamber of London aforesaid, whensoever the said Committee, or any Five of them, shall require the same, for which they shall keep and give a true and perfect Accompt under their Hands in Writing; and that, according to an Order of the 13th of March, Two Hundred Pounds shall be forthwith paid unto the said Committee for Accompts."

Ordinance for the Defence of Leicestershire.

"Whereas the County of Leicester is in very great Danger, by the frequent Incursions of the Enemy's Forces and Garrisons in and near it, by reason whereof neither the Persons nor the Goods of the Inhabitants and well-affected to the Parliament are secure in any Part of the County: For Prevention of further Danger and Mischief, and for the better securing of that County, by reducing and putting the same into a better Condition and Posture of Defence, the Lords and Commons in Parliament assembled, taking the Premises into their serious Consideration, have thought fit to Order and Ordain, and be it (fn. 9) Ordered, Ordained, and Established, as followeth; That Thomas Lord Gray of Groby, Theophilus Grey Esquire, Sir Arthur Hasterigg, Sir Martin Lister, Sir Edward Hartopp Junior, Knights, Thomas Babington the Elder, William Bembridge, Peter Temple, Arthur Stanley, Henry Smith of Withcocke, Thomas Heselrigg, Francis Hacker, John Goodman, and William Hewett, Esquires, Wm. Stanley, Richard Ludam, and Edward Craddocke, all of them Inhabitants of the said County of Leicester, shall be, and are hereby appointed to be, a Committee for the Militia of the said County; and that the said Committee, or any Five or more of them, shall have Power from Time to Time, upon any emergent Occasion, as to them shall seem fit, to raise and continue such Forces of Horse and Foot, out of the respective Towns, Townships, Liberties, and Places, in the said County, as shall appear to be needful for the necessary Defence of the Town and County, and also for the suppressing and destroying of the Enemy; and further, the said Committee, or any Five of them, shall have Power to nominate and appoint Commanders, Colonels, Captains, and Officers, over the aforesaid Forces; and, further to enable them to raise, maintain, and pay such Forces, the said Committee, or any Five of them, are hereby authorized to assess or tax, or to nominate Assessors to rate, tax, or levy, upon the respective Towns, Townships, Liberties, Persons, and Places, within the said County, in an equal Way, according to their Faculties and Abilities, or according to the most usual Proportions of Rates in the last Weekly Assessments, there Weekly to be collected, or otherwise such Sum or Sums of Money as they shall judge fit and requisite for the said Forces, not exceeding the Sum of Six Hundred Pounds by the Week; and to nominate Collectors, and One or more Treasurer or Treasurers, which Collectors are by them to be appointed to levy the said Sums, together with the necessary Charges which shall be expended in the collecting thereof, by Way of Distress and Sale of the Goods of the Person or Persons so assessed, in case he or they refuse to pay the same within Three Days after Demand given or left in Writing at the usual Dwelling of him or them; and the said Collectors may call to their Assistance the Constables and Headboroughs, or any of the Companies of Voluntiers, or other Forces in the said County, and to pay them reasonable Allowance, not exceeding Twelve Pence in the Pound, out of the Offenders Estates, who are hereby required to be aiding and assisting to the said Collectors in the Premises, as they will answer the contrary thereof.

"And be it Ordained, That every Person shall be rated for the Estate he hath in the several Places in the said County; and if Land be let or set near the Value thereof, such Person or Persons to whom the Rent thereof belongeth to be solely chargeable therewith; but, if the same be let under Value, then the Sum taxed to be apportioned betwixt the Party and him who receives the Rent, as the Taxers shall think sit; and if they, or any of them, shall do Injury in making the said Assessments, the same to be rectified by the said Committee, or any Five of them, according to their Discretions; and if any Assessors, Collectors, or Constables, shall refuse the said Service, or prove negligent or faulty therein, the said Committee, or any Five of them, shall have Power to commit such Assessors, Collectors, or Constables, to Prison, for One Month, or to set a Fine upon him or them, as they shall think fit, not exceeding the Sum of Ten Pounds for every Offence, the said Fine to be levied by Distress and Sale of the Offenders Goods: And it is Ordained, That the Treasurers appointed by the said Committee shall keep a Registerbook of the Sums received and paid out of them, so that they may give a just and perfect Accompt thereof unto the said Committee, when they shall be by them required: And, for the better Encouragement of the said Collectors and Treasurers, it is Ordained, That Two Pence in the Pound shall be allowed unto the said Collectors, for every Sum of Monies collected and paid by them, to the said Treasurer or Treasurers; and One Penny in the Pound for the said Treasurer and Treasurers, for every Sum of Money received and disbursed by them according to this Ordinance: And it is also Ordained, 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 or Hereditaments held of them, the same Sums of Money shall be paid by their several respective Tenants, and they shall deduct and defalk the same out of the next Rents payable by them to their Landlords; and, for so doing, the said Tenants, their Heirs, Executors, Administrators, or Assigns, from any Grant, Covenant, Condition, or Writing, Obligation, or other Matter whatsoever, made to the contrary, shall, by virtue of this Ordinance, be fully discharged: And it is Ordered and Ordained, by the Authority aforesaid, That the said Forces raised, and to be raised, shall not be drawn forth, or kept or continued forth, upon any Service, without the Knowledge and Consent of the said Committee, or the major Part of them, or without particular Directions of Parliament: And be it lastly Ordained, That the said Committee, Treasurers, Collectors, Assessors, and every 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 8^a, Friday Morning next.