House of Lords Journal Volume 7: 26 May 1645

DIE Lunæ, 26 die Maii.

PRAYERS, by Mr. Seaman.

Ds. Grey de Warke, Speaker.

Committee of Cambridge desire Major Harrison's Horse may be called out of Quarters.

Upon reading the Petition of the Committee for the County of Cambridge; shewing, "That they have sent their Proportion of Men and Money to the Army of Sir Tho. Fairefax; and they desire that Major Harrison's Company of Horse may be called out of their Quarters, and their Quarters satisfied."

It is Ordered, To be referred to the Committee of both Kingdoms.

Message from the H. C. with Names of Governors and Officers;

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

To desire their Lordships Concurrence in these Particulars following:

1. Petition of the City of Coventry, and a Letter of Mr. Burgoyne's, and a Vote of the House of Commons thereupon, for Mr. Burgoyne to have Liberty to resign his Command of that City. (Here enter them.)

Agreed to.

2. That Colonel Walter Lloyd shall be Governor of Gloucester.

Agreed to.

3. That Captain Thomas Willoughby shall be Governor of Coventry.

Agreed to.

4. That Lieutenant Colonel Rob't Phipps shall continue in the Place of Lieutenant Colonel, as formerly he did, according to his Commission.

Agreed to.

and with an Ordinance.

5. An Ordinance concerning Newcastle, and the disfranchising divers of the malignant Officers there.

The Answer returned was:

Answer.

That to the Ordinance concerning Newcastle, their Lordships will (fn. 1) send an Answer by Messengers of their own: To all the rest of the Particulars, their Lordships do (fn. 2) Agree.

Ordinance concerning Newcastle.

Next, the Ordinance concerning Newcastle was read Thrice, and Agreed to.

(Here enter it.)

Ditto concerning Derby.

The Ordinance concerning the County of Derby was read Thrice, and Agreed to.

(Here enter it.)

E. of Denbigh's Complaint against Stone & al. Committees for Stafford.

Ordered, That there shall be a Fortnight's longer Time given, for the Hearing of the Cause concerning Captain Stone, beyond the Time already appointed. And the Earl of Essex is appointed to acquaint the Committee of both Kingdoms with it.

Committee of Warwickshire recommend Capt. Willoughby, to be Governor of Coventry, in the room of Major Burgoyne, who declines it.

"To the Honourable the Lords and Commons assembled in Parliament.

"The humble Petition of the Committee of Warwickshire;

"Sheweth,

"That, upon Major Burgoine's Appointment by these Honourable Houses to be Governor of Coventry, finding himself, by reason of his Age and the Indispositions accompanying it, to be unable to undergo so great a Burthen, he hath humbly refused the Place; and, that there may be a Choice made that may most promote the Service of the Parliament, and secure this City, we are bold to recommend Captain Willoughby, a Gentleman well known to us to have deserved such an Employment, for his many faithful Services, and able to undergo it; by whose Election into this Place, we, who are intrusted by your Honours with the Peace and Safety of this City and County, shall be the better enabled to discharge our Duties; for which Cause, we humbly pray our Request may be granted, being a Matter of so great Concernment to your Service and the Public Safety. So shall we have Cause to pray, &c.

"J. Hales.
John Barker.
Ri. Skeffington.
Tho. Basnett.
Godfrey Basseright.
Gamaliel Purefoy.
George . . . ott".

Major Burgoyne's Letter, begging Leave to decline the Government of Coventry.

"For the Honourable Mr. Lenthall Esquire, Speaker of the House of Commons. These, humbly present.

"Honourable Sir,

"I cannot but take Notice of a Report of my being appointed Governor of Coventry by both the Honourable Houses. In the First Place, to return my most humble Thanks for so high an Honour conferred upon me, whereby I am ever obliged to lay out myself, as hitherto I have done my best Endeavours, so hereafter in my heartiest Prayers for your Honours, and your good Successes in all your pious Counsels and Undertakings; for that I must needs become an humble Suitor to your Honours (as with much Favour you have conferred this Place upon me), so you will please to take into Consideration my ingenuous Acknowledgement of mine utter Insufficiency to undergo so great a Burthen and Charge, by reason of mine Age, and the Infirmities that of late have beyond Expectation (fn. 3) extraordinarily accompanied it; which, though it no Whit lessens the Vigour of my Will and Affections to the Cause and your Service, yet I must needs acknowledge my Disability of Body to be such, as that I am not only minded to beg Leave to resign this Employment newly conferred upon me; but am inforced, by the sensible Increase of my bodily Dispositions, to take my Ease, and very shortly to bid Farewell to all the Activity of Soldiery, though with my best Advice I shall still continue to serve the State, jointly with the rest of the Committee, for the Preservation of this Town and County, according to the Trust reposed in me; which is all I humbly pray may be expected from me, or imposed upon me; for which Favour I shall be yet further obliged to remain,

"Your Honour's humble

"and ever devoted Servant,

Covent. May 16th, 1645.

"Peter Burgoyne."

Ordinance for disfranchising the Mayor and others of Newcastle upon Tyne, and putting others in their Places.

"Forasmuch as the Town of Newcastle upon Tyne, and the County thereof, hath, by a malignant and wicked Party, ill-affected to the King and Parliament, and the true Protestant Religion, been brought to great Extremity and Misery; and for that the said Town cannot be reduced to due Obedience, and well governed, except the Delinquents therein be removed from the Offices and Places of Trust which formerly they held and enjoyed there, and have abused to the great Prejudice and almost Ruin of the said Town; and that others, of Fidelity to the King and Parliament, be put into their Rooms and Places; the which cannot be so speedily effected, in the ordinary and usual Way of Elections, by and according to the Charters of the said Town, as Necessity requireth: It is therefore Ordered and Ordained, by the Lords and Commons in this present Parliament assembled, That Sir John Marley Knight, the present Mayor of the said Town, be forthwith displaced, disabled, and disfranchised, and be removed from being Mayor, Alderman, and Freeman of the said Town; and that Henry Warmouth Esquire, Alderman of the said Town, and unduly removed by the said malignant Party, be restored to his Place of Alderman, and be the present Mayor of the said Town; and that he the said Henry Warmouth shall exercise the Power and Authority of the Mayor there, and shall have, receive, and take, all the Profits, and Advantages, and Emoluments, belonging, or in any Wife of Right appertaining, unto the Mayor of the said Town for the Time being, in as large, ample, and beneficial a Manner, as any Mayor of the said Town for the Time being heretofore had, used, or enjoyed the same: And the said Lords and Commons do hereby will and require all and every the Inhabitants and Townsmen of the said Town of Newcastle, and all and every other Person and Persons, that they give Obedience to the said Henry Warmouth, as to the Mayor of the said Town for the Time being: And it is further Ordained, by the said Lords and Commons, that Sir George Baker Knight, Recorder of the said Town, for his notorious Delinquency, be displaced and removed; and that Edmond Wright, of Greyes Inn, Esquire, be Recorder of the said Town; and that Sir Nicholas Cole Baronet, Thomas Lidell Esquire, Sir Francis Bowes Knight, Ralph Cole, and Ralph Cocke, Esquires, Aldermen of the said Town, and notorious Delinquents against the King and Parliament, be displaced, disabled, and disfranchised, and be removed from being Aldermen and Freemen of the said Town; and that John Blakiston Esquire, a Member of the House of Commons, and Burgess of the said Town, be Alderman in the Place of Sir Alexand'r Davison Knight, lately deceased; and that Henry Lawson, Henry Dawson, Thomas Legard, John Cosin, and Thomas Bonner, be Aldermen of the said Town; Sir Nicholas Cole, Sir Thomas Middell, Sir Francis Bowes, Ralph Cole, and Ralph Cocke; also that James Cole, now Sheriff of the said Town, who is a notorious Delinquent against the King and Parliament, be disabled and disfranchised, and be removed from the said Office of Sheriff, and from enjoying the Privilege and Benefit of Free Burgess of that Town; and that Robert Ellison be Sheriff of the said Town; and also that Edward Man be Town Clerk of the said Town, in the Place of Doctor William Greene, lately deceased; and also that Henry Marley, Clerk of the Chamber of that Town, who is also a notorious Delinquent against the King and Parliament, be displaced, disabled, and disfranchised, and be removed from being Clerk of the Chamber, and no longer enjoy the Privilege and Benefit of a Free Burgess of that Town; and that Edward Wood be Clerk of the said Town in his Place: And it is further Ordained, by the said Lords and Commons, That Yeldred Alvey, now Vicar of that Town, who is a notorious Delinquent, be displaced and removed from his Vicarage and Cure there; and that Doctor Robert Jenison be Vicar of the said Town in his Place, and have, receive, and enjoy, to his own Use, all Profits and Advantages belonging to the said Vicarage and Lecture, in as large and ample Manner as the said Mr. Alvey might or ought to have enjoyed the same; and that Mr. Christopher Love and Mr. William Struther, Two Ministers of God's Word, or some other learned Reverend Divines (in case the said Mr. Love or Mr. Struther cannot conveniently go thither), be sent to preach the Word of God there.

"Provided always, and it is hereby Declared and Ordained, That any Thing in the Premises done or suffered, in this present Ordinance, and the Matters and Things therein contained, are not, nor shall not, in any Sort, Matter, or Thing whatsoever, be (fn. 4) prejudicial, for the Time to come, to the Rights, Privileges, or Franchises, of the said Town of Newcastle, or any of the Charters heretofore granted to the said Town, but that, at all Time and Times hereafter, the Mayor and Burgesses of the said Town may have, use, exercise, and enjoy, all their antient Rights, Privileges, and Franchises, and Liberties, in as free and ample Manner, to all Intents and Purposes, as they have at any Time heretofore held, used, exercised, or enjoyed the same; any Thing herein contained to the contrary hereof in any Wise notwithstanding."

Ordinance for a Monthly Assessment in Derbyshire, to maintain their Forces, &c.

"An Ordinance of the Lords and Commons assembled in Parliament, for the raising of a Monthly Sum upon the County of Derby, for the Payment of their Forces, and other necessary Expences for the Public Service.

Whereas the County of Derby is frequently infested by Incursions of the Enemy, to the great Pre judice of the Inhabitants of the said County; and whereas the said County hath raised a considerable Number of Horse, Foot, and Dragooners, for their necessary Defence, and Service of the Public, and must be at great Charges in maintaining their Forces, and providing other Things requisite for the Defence and Safety of the said County, and, without the raising of Monies to desray the Charge, the Inhabitants of the said County cannot be preserved in such Safety as is necesiary: It is therefore Ordained, by the Lords and Commons in Parliament assembled, and by Authority of the same, That, for the Intents and Purposes aforesaid, there shall be Monthly charged, rated, taxed, and levied, upon the several Hundreds, Towns, Persons, Commodities, and Places, of and in the said County, in an equal, indifferent, and proportionable Way, according to their Estates, and according to the ancient and most usual and indifferent Rates, such a Monthly Sum as the Committee herein named shall think fit, for the Service aforesaid, not exceeding the Sum of Sixteen Hundred Pounds, over and besides the Rates formerly set, for the new Model, the Scotch Army, and for Ireland, to continue from the First of May, 1645, until the First of December following, if the War shall so long continue: The Lords and Commons assembled in Parliament, upon due Consideration of the Premises, do Order and Ordain, and be it hereby Ordered, Ordained, and Established, That Sir George Greasley and Sir John Curson, Knights and Baronets, Sir John Gell and Sir Edward Cooke, Baronets, Sir Edward Leech, Sir John Coke, and Sir Samuell Sleigh, Knights, Thomas Gell, Samuell Roper, Henry Wigfall, and John Wigley, Esquires, George Poole, Thomas Sanders, Edward Charleton, and Ralph Clarke, Gentlemen, Nathaniell Hallowes, Luke Whittington, and Robert Mellor, Aldermen of the Town of Derby, Francis Monday, Randolph Ashenhurst, Francis Revell, John Monday, and William Nolly, Esquires, Rowland Moorewood and Robert Willimott, Esquires, shall be, and are hereby appointed to be, a Committee for the Execution of this said Ordinance; and they, or any Five or more of them, shall have Power and Authority to assess and tax, by themselves, or by such Assessors as they or any Five or more of them shall nominate and appoint, the Monies hereby charged upon the said County; and shall have Power and Authority hereby to nominate and appoint Treasurer (fn. 5) or Treasurers, Collectors, and all other Officers necessary for Collection and Receipt thereof; and that the Monies levied as aforesaid, and all other Monies payable to the Use of the said Forces, shall be issued forth by such Treasurer or Treasurers, and be employed, disposed, and disbursed, for the Uses aforesaid, by the Consent of the major Part of the Committee herein named, or by Consent of any Five or more of the said Committee, by Order under their Hands, to the Officers and Soldiers, in an equal Way, and such other Uses as are herein mentioned, and shall be appointed by the said major Part of the said Committee, under their Hands, or under the Hands of any Five or more of them: And the said Lords and Commons do further Order and Ordain, That the said Collector or Collectors, appointed for collecting the said Monthly Tax or Assessment, shall have Power to levy the said Sum or Sums of Money imposed upon any Persons or Places within the said County, by Distress or Sale of the Goods of such as shall refuse or neglect the Payment of the Sum or Sums imposed upon them, together with reasonable Charges for their Travail and Pains of the Distrainers, not exceeding Six Pence in the Pound, for taking such Distress, and levying such Money: And be it further Ordered and Appointed, That the Rents of Lands let at an improved Rate shall be paid by the Tenants thereof, towards the Payment of the said Monthly Tax, and (fn. 6) the whole defaulked out of the Rent next payable to the Landlord; for Payment and Defalcation whereof, the said respective Tenants, their Heirs, Executors, and Administrators, shall be acquitted and saved harmless, by Authority of Parliament, against or from any Covenant, Condition, or Obligation, or other Matter to the contrary whatsoever: But where the Land is let at an Under-value, there the said Monthly Assessment shall be apportioned between the Landlord and the Tenant, as the Assessors shall think fit, the whole likewise to be paid by the Tenant, and the Landlord's Part to be defaulked; and the Tenant, his Heirs, Executors, and Administrators, to be acquitted and saved harmless, as aforesaid: And in case any Person or Persons appointed to be Assessors or Collectors, or any Constable, or other Officer for the Service, who shall be required to assist in the Assessment or Collection of such Monthly Tax or Assessment, shall refuse to perform, or prove negligent or unfaithful in performing the said Service, the major Part of the said Committee, or any Five or more of them, shall hereby have Power and Authority to commit such Officer or Officers, offending as aforesaid, to Prison for a Month, or to set a Fine upon him or them, as they shall think fit, not exceeding the Sum of Five Pounds for every such Offence, to be levied by Distress and Sale of the Offenders Goods: And it is also Ordered and Appointed, That the Collectors, Treasurers, and other Officers, appointed for the Service aforesaid, shall keep, and from Time to Time be ready to give, a true Accompt of their respective Proceedings in the Premises, which the said Committee are hereby required to examine Once every Two Months at the utmost; and in case the said Officers, or any of them, shall refuse or neglect to deliver in their Accompts as aforesaid, the major Part of the said Committee, or any Five or more of them, shall have Power to commit such Officer or Officers, till he or they shall honestly perform the same; and shall also have Power to displace any Officer or Officers whom they shall find negligent and faulty, and to elect and appoint others in the Room or Place of the said Person or Persons so displaced: And, to the End the said Officers may be encouraged the better to perform their Duty, it is Ordered and Appointed, That Two Pence in every Pound shall be allowed to the Collector, and a Penny in every Pound to the Treasurer, which shall be collected, received, and disbursed by them respectively, according to this Ordinance; and if the said Assessors shall do any Injury in making the said Assessments, or proportioning the same between the Landlord and Tenant as aforesaid, or to other Person, the Complaints shall be heard, and the Injuries shall be rectified, by the major Part of the said Committee, or any Five or more of them, who allowed the said Assessment, according to their Discretions: And the said Lords and Commons do further Order and Declare, That all Commanders, Officers, and Soldiers, maintained for Defence of the said County and Service aforesaid, shall duly and truly pay for their Billet and Quarters, and all other Necessaries which they shall use, and shall not take or have any Free Quarter (except in case of Necessity); which if they be constrained unto, the major Part of the said Committee, or any Five or more of them, are required to see as speedy Satisfaction made for the same as may be, out of their Pay; and that they shall not take any Horses, Money, or other Goods whatsoever, within the said County, without lawful Authority; and that the said Committee, or any Five or more of them, upon Complaint made of the taking of any Horses, Money, or other Goods, without Authority as aforesaid, shall order and see Restitution or Satisfaction to be made; and all Sheriffs, Justices of the Peace, Constables, Headboroughs, and all other Officers of State, as also all Commanders, Captains, Soldiers, Voluntiers; and others, that shall be thereto desired, are hereby required to be assistant to the said Collectors, and all other Officers employed in the said Service, in the due Execution of their Offices: And it is further Ordained, by the said Lords and Commons, That the Forces raised or maintained by this Ordinance shall, from Time to Time, observe such Orders and Directions as they shall receive from both Houses of Parliament, or the Committee of both Kingdoms; and shall not be drawn forth, or kept, or continued forth of the said County, without the Consent of the said Committee, or Five or more of them; or without particular Directions of Parliament, or of the Committee of both Kingdoms, or of Sir Thomas Fairefax.

"And be it lastly Ordained, That the said Commitee, Treasurer, Collectors, and every of them, and every other Person or Persons that shall aid or assist 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."