House of Lords Journal Volume 7: 3 December 1644

Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 7: 3 December 1644', in Journal of the House of Lords: Volume 7, 1644, (London, 1767-1830) pp. 81-86. British History Online https://www.british-history.ac.uk/lords-jrnl/vol7/pp81-86 [accessed 21 April 2024]

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In this section

DIE Martis, 3 die Decembris.

PRAYERS, by Mr. Gibson.

Ds. Grey de Warke.

L. General.
L. Admiral.
Comes Pembrooke.
Comes Bolingbrooke.
Comes Suffolke.
Comes Rutland.
Comes Nottingham.
Comes Manchester.
L. Viscount Say & Seale.
Comes Sarum.
Comes Denbigh.
Ds. North.
Ds. Wharton.
Ds. Howard.
Ds. Bruce.
Ds. Willoughby.
Ds. Berkeley.
Ds. Mountague.

E. of Kent excused.

The Earl of Kent is excused for his Absence this Day, in regard of his ill Health. The Earl of Bolingbrooke acquainted the House herewith.

Message from the H. C. about a Pass for the Lords coming from the King;

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

To desire their Lordships Concurrence in divers Particulars:

1. To acquaint their Lordships with the Opinion of the Committee of both Kingdoms, concerning a safe Conduct for the Duke of Richmond and the Earl of South'ton. (Here enter it.)

Agreed to.

with Ordinances, &c.

2. An Ordinance for continuing the Ordinance for Martial Law.

3. An Ordinance concerning the County Palatine of Lancaster.

4. An Order for paying One Hundred Pounds to Mr. Haynes, and the Man that procured his Escape.

5. An Order to pay Two Hundred Pounds to the Speaker of the House of Commons.

The Answer returned was;

Answer.

That their Lordships do agree to that concerning a safe Conduct for the Duke of Richmond, &c. To the rest of the Particulars, their Lordships will send an Answer by Messengers of their own.

Answer from the H. C.

Dr. Aylett and Dr. Heath return with this Answer to the Message sent to the House of Commons:

That they agree to the Ordinances for Sixty-six Thousand Six Hundred Sixty-six Pounds, Thirteen Shillings, Four Pence, and concerning the Forts and Works about the City, with the Alterations; and concerning Mr. Sharpe's Business, they will send an Answer by Messengers of their own.

Message from thence; about Sheriffs and Justices of Peace in several Counties.

A Message was brought from the House of Commons by Sir John Potts, &c.

To desire their Lordships Concurrence, in Votes concerning High Sheriffs and Justices of Peace of several Counties:

That Thomas Lister Esquire be High Sheriff of the County of Lincolne.

Agreed to.

That Nicholas Denton Esquire be High Sheriff of the County of Bedford.

Agreed to.

That Sir Ric'd Everard be High Sheriff of the County of Essex.

Agreed to.

That Sir John Reyney Baronet be High Sheriff of the County of Kent.

Agreed to.

That John Bradshawe Esquire be High Sheriff of the County of Lancaster.

Agreed to.

Ordered, (fn. 1) That the Sheriffs already named and appointed, for the Counties of Cornwall, Devon, Som'sett and Dorsett, who have been scarce Half a Year in their Places, shall still continue till their Year be out.

Agreed to.

Ordered, That such Gentlemen as shall be named and appointed High Sheriffs by both Houses of Parliament, and shall refuse, upon Tender of their Commissions, to be sworn, and to execute thereupon, shall be sent up in safe Custody.

Agreed to.

Ordered, That such Justices of Peace as shall be appointed by both Houses, and shall, upon Tender of their Commissions, refuse to be sworn, and to execute, shall be sent up in safe Custody.

Agreed to.

That Sir Valentyne Pell be High Sheriff for the County of Norff.

Agreed to.

The Answer returned was,

Answer.

That this House agrees to all the Particulars of this Message.

Message to the H. C. for Committees to examine Griffith, concerning his Scandal against the Prince Elector and others;

A Message was sent to the House of Commons, by Mr. Serjeant Whitfield and Mr. Serjeant Fynch:

To let them know, that the House of Peers having Yesterday appointed a Committee of Four Lords, to join with a Committee of the House of Commons, for the Examination of a Scandal and Wrong, of a high Nature, put upon his Highness the Prince Elector Palatine, with other Persons of Honour, by John Griffith Esquire, which they hold fit for the Examination of both Houses; their Lordships do desire a proportionable Number of the House of Commons to join with them, this Afternoon, at Three of the Clock, in the Prince's Lodgings.

with Deputy Lieutenants Names.

2. To desire their Concurrence in the Names of the Persons to be added Deputy Lieutenants of the County of Northumb.

A Paper of the French Resident was read.

(Here enter it.)

Ordered, That Serjeant Whitfield is appointed to attend the Committee for Mr. Griffythe's Business.

Narrative of the Proceedings of the Committee who attended the King with the Propositions.

The Earl of Denbigh reported to the House, "That he having advised with the rest of the Committees, about the Particulars concerning their Delivery of the Propositions to the King, have drawn up a Narrative;" which he presented to this House, and was read. (Here enter it.)

E. of Denbigh to receive Thanks for this Business.

Ordered, That the Speaker of this House do give the Earl of Denbigh Thanks for his Carriage in this Business; which accordingly he did.

Examination of Col. Butler, concerning the Loss in the West.

The Lord Wharton brought in divers Papers from the Committee of both Kingdoms, concerning the Examinations of Colonel Butler, and the Business of the Loss in the West, which were read. (Here enter it.)

Ordered, That this House will take into Consideration this whole Business on Thursday Morning next.

Archbishop of Cant's Attainder.

Ordered, That the Business concerning the Archbishop of Canterbury shall be taken into Consideration To-morrow Morning the First Business; and the Speaker is to put the House in Mind of it.

Paper from Mons. Sabran the French Minister, concerning his Audience.

"A Monsieur,

"Monsieur le Chevalier de Flamin, Maistre des Ceremonies du Parlement d'Ang're, À Londres.

"Monsieur,

"J'ay veu par la v're que les Seigneurs du Parlement vous ont ordone de scavoir [ (fn. 2) de moy] aunet la Qualité et Caractere que je tients de sa Majeste très Chrestiene, pour se pouvoir regler selon, aut faict de mon Audience, et que vous estime necessaire que je vous le mande par Escrit. Il est malaise que je d'ruine le Subject de ce Doubte, puisq' les dits Seigneurs ont trois Escrits de part donnez au Nom du Roy mon Maistre accompagnez des Lettres que j'ay de sa Majeste et mesme le la derniere qui me presse pour la Resolucion des Choses que j'ay demandées ou il me met la Supres-scription mesme que vous me metez en la votre, de considerer en son Counsiel d'Estats & Resident pour son Service en Ang're, si cela doit À Droit en quelq' Chose a la Cogneissance qu'ilz en ont depuis sept Mois; je suis très aise que le Bill et les Satisfare sur quoy je demeure de tout mon Coeur.

"Monsieur,

A Londres, ce 3 Decem. 1644.

"V're très humble Serviteur,

"Sabran."

Letter to be wrote to the King's General, about a Pass for the Lords coming from the King.

"At the Committee of both Kingdoms at Derby House.

"Ordered, That it be reported to both Houses, as the Opinion of this Committee, That my Lord General be desired to write a Letter to this Effect, to the General of the King's Army.

"The Letter to begin thus:

"There being a Message sent from His Majesty, by the Committees of both Kingdoms that were lately at Oxford, concerning a safe Conduct for the Duke of Richmond and the Earl of Southampton, without any Direction; I am commanded, by both Houses of Parliament, to give your Highness Notice, that, if the King be pleased to desire a safe Conduct for the Duke of Richmond and the Earl of Southampton, with their Attendants, from the Lords and Commons assembled in the Parliament of England at Westm', to bring to the Lords and Commons assembled in the Parliament of England and the Commissioners of the Parliament of Scotland now at London an Answer to the Propositions presented to His Majesty for a safe and well-grounded Peace, it shall be granted."

Narrative of the Proceedings of the Committee who attended the King with the Propositions.

"Upon Saturday, 23th of November, being at Bensington, and having Notice from the Governor of Walling ford, that the King would be that Night at Oxford; we sent thence a Trumpeter, and some Servants with him, to provide our Lodgings at Oxford, and a Letter to the Governor there to that Purpose. Ourselves followed some Two Hours after; and when we came near the Town, we sent another Trumpeter, who sounding near the Guards, a File of Musketeers came to us, to desire us to tarry there till our Lodgings were ready. We staid some Two Hours. Then Mr. Killigrew came riding to us, and said, "His Majesty knew not that we were there, until He came into the Garden, and saw us where we stood upon the Hill, and was very angry we had staid so long; but that He had taken Order we should be admitted and provided for immediately; and that he was come to tell us so." Just at that Time came likewise the Lieutenant Governor of Oxford, who brought us into the Town, carried us to an Inn at the Sign of The Catherin Wheele, and told us, "He had provided some Chambers at another Inn, The Starr, for the Scotts Commissioners." That Night we sent to the Duke of Richmond, desiring him to acquaint His Majesty, "That we were a Committee sent from the Parliaments of both Kingdoms with Propositions of Peace, and to know when His Majesty would be pleased we should attend Him with them." He sent us Word, "The King had appointed next Day, Two of the Clock in the Afternoon, for us to attend Him at Christ Church;" which we did, and in the Garden there, after we had kissed His Hand, presented the Propositions to Him, which were read by the Earl of Denbigh, and were heard by His Majesty with a great deal of Patience, so as there being some Noise and Disorder among the Standers-by, upon mentioning the Names of the Two Princes Rupert and Maurice amongst the Persons excepted out of the General Pardon, His Majesty was angry at it, reproved them for it, and commanded them to be silent. They being read, He asked us, "If we had power to treat?" We answered, "We had not; that our Commission was, to present the Propositions, and desire his Answer in Writing." His Majesty replied, "We should have it as soon as He could." On Wednesday in the Evening, the Earl of Dorsett sent a Gentleman to us, to let us know, "That His Majesty was resolved upon His Answer, which we might receive that Night, or in the Morning, as we would." Unto which we answered, "We were ready to attend His Majesty at what Time He pleased to command us." The Messenger speedily returned, and brought us Word, "His Majesty was ready to give us His Answer presently." We forthwith attended Him at Christ Church, where His Majesty delivered a Paper to One that stood by, and commanded him to read it unto us; after the Reading whereof, His Majesty used these Words, as near as we can recollect, "That He had ever expressed His Desires of Peace, which did never more appear than by giving this Answer; and if He had not a great Desire to Peace, He would not have given it." Upon hearing the Paper read, the Earl of Denbigh, at our Desire, did move His Majesty, "That we might withdraw, and attend Him again presently;" upon which His Majesty demanded if we had Power to treat; and said, "He knew we had none, for we had told Him so; that we had received no Power from London since; and He did bid us answer as Persons of Honour, if we had received any. I know, said He, you have had no Post since." The Earl of Denbigh moved again, "That we might withdraw for a little while, or have the Liberty to attend His Majesty again before our Return, as conceiving our Instructions would engage us to some Reply to the Paper delivered unto us." Then His Majesty said, "I will hear any Thing that you have to deliver from London, but none of the Fancies and Chimeras taken up at Oxford, by your Favour;" and added, "You shall put no Tricks upon me." The Earl of Denbigh answered, "We were not Persons to put Tricks upon any, much less upon His Majesty." The King replied, "I mean it not to you." Then, by our Advice, the Earl of Denbigh desired of His Majesty to know to whom that Paper was directed. The King said, "That is My Answer; I give it to you; it is your Duty to take it; you may deliver it to them that sent you." The Earl of Denbigh pressing it the Second Time, the King replied, "You must take it, if it were a Ballad, or a Song of Robbinhood;" and said further, "You told me Twice, you had no lower to treat; My Memory is as good as yours; you were only to deliver the Propositions; a Postillion might have done as much as you." The Earl of Denbigh replied, "That was not our Condition, though he would be glad in these distracted Times to do to His Majesty and to the Kingdoms Service in any Condition." His Majesty replied, "I mean it not to your Persons. Then Mr. Hollis said to the King, "Sir, we had in Charge to bring the Propositions to You, and to desire Your Answer in Writing, which we have with all Humility done. The Reason why the Earl of Denbigh desired we might withdraw was, that we might consult with our Instructions, because the Paper delivered unto us hath no Direction; and therefore we beseech Your Majesty to let us know to whom it must be delivered." To which the King said, "I am not bound to answer that Question." Mr. Hollis replied, "If we can have no other Answer, we must carry this." Then Mr. Parpoint said, "Our Instructions are only to deliver the Propositions to Your Majesty, to desire Your Answer in Writing, and to return with it; but, in this Paper delivered by Your Majesty, there is (fn. 3) a Message." His Majesty to this said, "That is all one; this is My Answer; if it were a Song of Robbinhood, you must carry it." and, after a Pause, He added, "I desire you to further the procuring of the safe Conduct, than which you cannot do better Service to the Kingdom. I and these honest Men about Me are most desirous of Peace. There are Three Things I will not part with; the Church, My Crown, and My Friends; and you will have much ado to get any of them from Me. I will not press you to go presently; you may, if you will, stay some Time; but the sooner you send Me a safe Conduct the better." So we kissed His Majesty's Hand, and came away to our Lodgings. The next Morning, Mr. Ashburnham came to the Members of both Houses; said, he was sent from the King to every One of them severally, to deliver a Message, which was to this Effect, "That His Majesty was sensible, some Words might have fallen from Him suddenly in His Passion, which might give Discontent; that it was not so intended by Him; and He desired the best Construction might be made of it." To this they answered severally, and afterwards all of them together, "That they took this Message for a very great Honour; and desired him to express their humble Thanks unto His Majesty in the best Language he could." Afterwards, being ready to take Coach, another Message was brought us from His Majesty, "That we would tarry a little, till a Trumpeter might be ready to go along with us, who was sent by Him to bring the safe Conduct;" which we did, and accordingly he is come with us for that pose."

Report from the Committee of both Kingdoms, of the Examination concerning Col. Butler and the Loss in the West.

"Die 23 Septembris, 1744.

"At a Committee of both Kingdoms at Derby House; present,

E. of Northumberland.
E. of Warwicke.
L. Say & Seale.
L. Wharton.
Mr. Pierrepoint.
Sir Gilbert Gerrard.
Sir Hen. Vane Junior.
Mr. Crew.
Mr. Sollicitor.
E. of Loudoun.
Sir Charles Erskin.
Mr. Kennedy.
Mr. Barclay.

"Ordered, inter alia, N° 9,

"That a Sub-committee be appointed, to examine upon the Miscarriage of Colonel Butler, and the Buness of the late Loss in the West:

E. of Northumberland.
L. Say.
Mr. Pierrepoint.
Mr. Crew.
Mr. Sollicitor.
E. of Loudoun.

"Die Martis, 24 Septembris, 1644; present,

L. Wharton.
Mr. Pierrepoint.
Sir Gilbert Gerrard.
Mr. Crew.
Mr. Sollicitor.
Mr. Recorder.
E. of Loudoun.
Mr. Kennedy.

"That Mr. Deane be desired to be here To-morrow in the Afternoon, between Four and Five.

"That a Letter be written to my Lord General, to desire him to send up Colonel Butler in safe Custody, upon some Informations given to this Committee against him, of a very high Nature.

"That the Examinations touching the late Business in the West, so far as concerns Colonel Butler, be reported to both Houses.

"Die Jovis, 26 Septembris, 1644.

L. Wharton.
Mr. Pierrepoint.
Sir Gilbert Gerrard.
Mr. Crew.
Mr. Sollicitor.
Mr. Recorder.
E. of Loudoun.
Mr. Kennedy.

"That so much of Comptroller Deane's Examination, as concerns Colonel Butler, be reported to the House, together with the Instructions.

"That Major General Skippon and Comptroller Deane shall have Copies of their Examinations.

"Die Lunæ, 2 Decembris, 1644.

"At the Committee of both Kingdoms, at Derby House.

"Resolved upon the Question, &c.

"That it be reported to the Lords House, That the Sub-committee, that were appointed the 23th of September, to examine upon the Miscarriage of Colonel Butler, and the Business of the late Loss in the West, did nothing therein but in Pursuance of their Power given them from this Committee.

"By Command of the Committee, signed

"Gualter Frost,

"Secretary to the same Committee.

"Die Lunæ, 2 Decemb. 1644.

(fn. 4) "An Ordinance of the Lords and Commons assembled in Parliament, for the raising of Sixty-six Thousand Six Hundred Sixty-six Pounds, Thirteen Shillings, Four Pence, by Way of Loan, for the better enabling of our Brethren of Scotland for our Assistance and Defence in this common Cause of Religion and Liberty.

Ordinance for raising Money for the Scots Army.

"Whereas the Lords and Commons assembled in Parliament, for the better enabling of our Brethren of Scotland to assist us in this War, did think it fit to publish an Ordinance of the 16 of October, 1643, for the raising of the Sum of Two Hundred Thousand Pounds, by Way of voluntary Loan, to be paid unto them, towards the Maintenance of their Armies in England and Ireland; since which Time, the said Lords and Commons, taking Notice of the Refractoriness of many wealthy Persons, who have either refused to lend at all, or at least any competent Sum of Money, for the Purpose aforesaid, did likewise publish a Second Ordinance, of the 27 of the said Month of October, for the levying of the Sum of Sixty-six Thousand Six Hundred Sixty-six Pounds, Thirteen Shillings, Four Pence, being the One Third of the said Two Hundred Thousand Pounds, upon such backward and ill-affected Persons as did or should so refuse to contribute, as fearing that the whole Sum would not be raised by voluntary Loan; and whereas (notwithstanding the said Second Ordinance) a great Part of the said Two Hundred Thousand Pounds is yet uncollected, by Reason of the great Number of illaffected and wilful Persons, and likely to be delayed (if not altogether lost) unless some further Course be taken to constrain them to contribute in Proportion with the honest and well-affected Party:

"We, therefore, the Lords and Commons, considering our Engagements to our said Brethren of Scotland, and the present Necessities of their Army, by Means of the great Scarcity which must necessarily be in the Northern Parts, by reason of the Multitude of Soldiers so long Quartering there, and the extreme Oppression, Rapine, and Spoil, committed by the Enemy, as also the Extremities they may be driven to without seasonable Supplies from us, together with the dangerous Consequence that will thereupon arise; and for the better Ease of such Persons who are well-affected, and have, in this and other Services, expressed their Freeness, by lending very considerable Sums of Money; do hereby Order, Ordain, and Declare, That the like Sum of Sixtysix Thousand Six Hundred Sixty-six Pounds, Thirteen Shillings, Four Pence, another Third of the said Sum of Two Hundred Thousand Pounds, shall with all convenient Speed be raised, by Way of Loan, upon such able and wealthy Persons, as have not already, nor shall hereafter, voluntarily, and proportionably to their Estates and Abilities, lend any Sums of Money, for the Purpose aforesaid; the said Sum of Sixty-six Thousand Six Hundred Sixty-six Pounds, Thirteen Shillings, Four Pence, to be assessed and raised within the Cities, Towns, Counties, and Places respectively, according to their Proportions in the said Ordinance of the 27 of October aforesaid allotted and charged, upon every partilar City, Town, and County, therein expressed; the same to be ordered, levied, and collected, in Manner, and by such Persons and Means, and paid to such Men, as in the said Ordinance of the 27 of October is directed, and as hath been hitherto observed by the Persons intrusted with the managing of this Service.

"And it is hereby further Ordered, Ordained, and Declared, That the said Sum of Sixty-six Thousand Six Hundred Sixty-six Pounds, Thirteen Shillings, Four Pence, shall not be levied, but upon such Persons whose Estates are of the Value of Five Hundred Pounds, or upwards of that Sum.

"And it is likewise Ordered, Ordained, and Declared, That Seventy Thousand Pounds, out of the Rents, Issues, and Profits, that shall be received upon the Ordinances of Sequestration of the Estates of Papists, Delinquents, and other Malignants, shall be, and is hereby Ordered, for the Re-payment of the Sixty-six Thousand Six Hundred Sixty-six Pounds, Thirteen Shillings, Four Pence, to be raised upon this present Ordinance, with Interest after the Rate of Eight Pounds per Centum, in such Manner as in the said former Ordinance is mentioned.

"And it is hereby further Ordered, Ordained, and Declared, That if any Person, who shall not willingly contribute proportionably to his Estate, have any considerable Estate, Real or Personal, in any the Counties, Cities, great Towns, or Places, in the former Ordinance mentioned, and doth not inhabit there, where his said Estate shall be nevertheless subject to the Assessment, and he constrained to pay the same, unless he bring Certificate from some other Committee employed in the said Service elsewhere, that he hath paid proportionably to his whole Estate; and the Persons so assessed, in Case of Obstinacy and wilful Refusal, or Case of Want of sufficient Distress, shall be liable to such Forfeitures, Penalties, and Perils, as in the said Ordinance of the 27th of October are in that Case provided and expressed; and it shall be lawful for the Collectors of the Sums assessed, in any of the Cities, great Towns, and Counties aforesaid, for Want of other Distress, to seize the Rents, and Arrears of any Rents, Issues, and Profits whatsoever, due to such Person, however they shall grow due; for which, an Acquittance under the Hands of any Three or more of the Committee or Commissioners employed in this Service shall be a sufficient Discharge to the Tenant, for any Sum paid in to the Use aforesaid.

"Provided, That no Peers of this Kingdom, Member of either House of Parliament, or Assistant or Attendant of either of the Houses, be assessed by this Ordinance, but by the respective Houses whereof they be Members or Assistants or Attendants, and the other Peers by the House of Peers.

"Provided also, if any City, County, great Town, or Place, in the said Ordinance mentioned, already hath, or shall pay, into the Treasury at Goldsmiths Hall, the Proportion laid on them, over and above all necessary Charges and Disbursements, that is to say, Treble the Sum expressed in the said Ordinance of the Twenty-seventh of October last, either upon voluntary Loan, or upon Assessment, there shall be no more required of them, by virtue of this or any former or other Ordinance, towards the raising of the said Sum of Two Hundred Thousand Pounds.

"Provided also, That if any Person hath or shall subscribe or promise any Sum of Money, either in the Parish where such Person shall inhabit, or before any Committee appointed for the Dispatch of this Service, and hath or shall, after any such Promise or Subscription, refuse to pay the same, it shall then be lawful for the Collectors of the Money to be advanced for this Service, to distrain for such Sums of Money, and to claim their Fees thereupon, according to the Allowance made by the said last Ordinance, as if the same had been assessed on them.

"H. Elsynge,

"Cler. Parl. D. Com."

"Die Martis, 3 Decemb 1644

(fn. 5) "An Ordinance of the I ords and Commons assem bled in Parliament, for the raising of Money to pay the Charge of the Fortifications and Guards, and for other necessary Uses, for the Safety of the City and Parts adjacent, within the Lines of Communication, and Weekly Bills of Mortality

Ordinance to raise Money for maintaining of the Guards &c about London

"Forasmuch as the Fortifications and Guards within the Cities of London and Westminster, and Parts ad jacent, within the Lines of Communication and Weekly Bills of Mortality, are very necessary for the Safety and Defence of the said Cities and Places, and Preservation of the Parliament, in these Times of Distraction and Danger, and for that the Citizens and Inhabitants within the said Cities and Places have been, and are daily, at great Charges, in maintaining the same For raising of Money to pay the Charge of the Fortifications and Guards aforesaid, and for satisfying the great Debts thereby already incurred, and other necessary Uses, the Lords and Commons in Parliament assembled have Ordained, and be it Or dained by the said Lords and Commons, That there shall be Monthly charged and levied, upon the Cities of London and Westminster, the Hamlets of The Tower, and Borough of Southwark, and all other Parishes and Places within the Line of Communication and Weekly Bills of Mortality, the Sum of Six Thousand Nine Hundred Sixty two Pounds, Four Shillings, that is to say, upon the City of London, Five Thousand Four Hundred Eighty two Pounds, Ten Shillings, Three Pence, upon the City and Liberty of Westminster, Six Hundred Sixteen Pounds, Ten Shillings, Eight Pence Half penny, upon the Hamlets, Four Hundred Ninety three Pounds, Four Shillings, Seven Pence, upon the Borough of South wark, Three Hundred Sixty nine Pounds, Eighteen Shillings, Five Pence Farthing, for the Purposes aforesaid, for Six Months, to commence from the First Day of November last past

"And to the End the several Sums of Money may be duly raised, levied, and paid, as hereafter is di rected, be it further Ordained, by the said Lords and Commons, That the Lord Mayor and Aldermen of London shall be Committees for the City of Lon don and Liberties thereof, and the Lord Mayor and Aldermen of London, and Six such Persons of every of the Sub committees for the Militia, within the Lines of Communication and Weekly Bills of Mortality, as the said several and respective Committees shall nominate and appoint, for this Service, and the former Committees named in the Ordinance for the Two last Months Assessments, for the City of Westminster, Borough of Southwarke, Hamlets of The Tower, and other Places within the Line of Commu nication and Weekly Bills of Mortality, without the City of London and Liberties thereof, shall be Com mittees for the said City of Westminster, Borough of Southwarke, Hamlets of The Tower, and Places aforesaid, without the City of London and Liberties thereof, within their several and respective Divisions, which said Committees, in their several and respective Divisions, or any Two or more of them respectively, are hereby authorized and required to direct their Warrants to such Number of Persons as they shall think fit, within their several and respective Divisions, to be Assessors for the said Rates, which said Persons are hereby authorized and required to assess all and every Person and Persons, wheresoever they shall live and inhabit, either within the said Limits or without, having any Real or Personal Estate within the Limits, Circuits, and Bounds, of their respective Divisions, according to the Rate and Proportion in this Ordinance mentioned

"And be it further Ordained, by the Lords and Commons, That the several Sums which shall be here after assessed or taken, upon the several Cities and Places aforesaid, shall be assessed and taken, both for Lands and Goods, upon such Persons and Estates and in such Manner and Form, as is directed for the Weekly Assessments in an Ordinance of Parliament of the Fourth Day of March, 1642, intituled, "An Ordinance of both Houses of Parliament, for the speedy raising and levying of Money, for the Main tenance of the Army raised by the Parliament, and other great, Affairs of the Commonwealth, by a Weekly Assessment" And to the End the said Rates be equally and indifferently assessed, and the Monies duly collected, and true Accompt thereof made, the said Assessors are hereby required, within Six Days after such Assessment made, to deliver Two Copies of their respective Assessments, fairly written, and subscribed by them, unto the said respective Committees, or to any of them, whereof One to remain with the said Committee, and the other to be delivered to the Collectors, with Warrants to levy the said Monies, and the said several Committees, or any Three of them, are hereby respectively authorized, from Time to Time, to nominate One or more sufficient and honest Persons, in every Division or Allot ment, to be Collectors of the said Monies so assessed and rated, which said Collectors are hereby authorized and required to collect the said Monies so assessed, and the said respective Committees, or any Six of them, are hereby authorized to allow and pay unto the said respective Collectors Two Pence in the Pound, for their Pains in collecting the said Monies, and One Penny in the Pound to then Clerks, for then Pains in fair writing the said Assessments, and if any Person or Persons whatsoever shall resuse or neglect to pay any Sum or Sums of Money, whereat he or they shall be rated and assessed, that then it shall and may be lawful, to and for the said Collectors, or any of them, to levy the Sum so assessed by Distress and the Sale of the Goods of such Person or Persons so refusing or neglecting to pay, deducting the Sum assessed, and the reasonable Charges of distraining, and restore the Overplus to the Owner thereof, and likewise to break open any House, Chest, Trunks, Box, or other Thing, wherein any such Goods are, and to call to their Assistance any of the Trained Bands, Constables, Headboroughs, or any other Forces, within the Cities and Places where any Resistance shall be made, or any other Person or Persons whatsoever, which said Forces and Persons are hereby required to be aiding and assisting in the Premises, is they shall answer the contrary at then Pauls And if any Question or Difference shall happen to arise upon the taking such Distress, between the Parties distrained and distraining the same shall be ended and determined by the said Committees, or any Two of them, and the said several Committees, or any Two or more of them, are hereby authorized and required to use such other Ways or Means, for the speedy levying of the said Assessments, as to them shall be thought fit And if any Person or Persons shall purposely convey away his or their Goods, or any other Personal Estate, whereby the Sum of Money so assessed cannot be levied according to this Ordinance, then the said respective Committees, or any Two of them, are hereby authorized, by themselves or such other Persons as they shall appoint, to imprison the Persons, and the Sequestrators to sequester the Estates, of every such Person, for the Advance ment of the said Service And the Tenants of all Houses and Lands, which shall be rated by virtue of this Ordinance, are nereby required and authorized to pay such Sums of Money as shall be rated upon every such House and Lands, and to deduct out of their Rents so much of the said Rates as, in respect of the Rents of every such House and Lands, the Landlords should or ought to pay or bear; and the Landlords, both mediate and immediate, according to their respective Interests, are hereby required to allow such Deductions and Payments, upon the Receipt of the Residue of their Rents, and to give Acquittances for their whole Rents, as if no Deductions had been made; and if any Landlord refuse to make any such Deduction or Allowance, or to give such Acquittances, then the respective Committees for the Sequestrations, in the Cities and Places aforesaid, upon Proof thereof made before them, are hereby authorized, for every Time they shall so refuse, to seize and sequester, for the Service aforesaid, One full Half Year's Rent, payable to such Persons so refusing, allowing out of the same the Sum of Money so paid by that Tenant as aforesaid; and if any Difference shall arise between Landlord and Tenant, or any other, concerning the said Rates, the said several Committees, or any Two of them, in their several Divisions, have hereby Power to settle the same as they shall think fit; and the said Collectors, and every of them, are hereby required from Time to Time to pay such Sum and Sums of Money as shall be by them collected by virtue of this Ordinance, to such Treasurer or Treasurers for the City of London and Liberties thereof, as the Common Council of the said City shall appoint; and for the Lines of Communication, and within the Weekly Bills of Mortality, without the City and Liberties, to such Treasurer or Treasurers as the respective Sub-committees in their several Divisions shall appoint; and the said several Committees are hereby required to take special Care, that the said Monthly Assessments be constantly levied, collected, and paid, to the said Treasurer or Treasurers, Once in every Month, during the Continuance of the Term mentioned in this Ordinance.

"And be it further Ordained, by the said Lords and Commons, That if any Person or Persons shall wilfully neglect or refuse to take upon him any Office or Place herein mentioned, incident to this Service, or, having taken upon him such Office or Place, shall resuse or neglect to execute or perform the same, or if any other Person or Persons shall neglect or refuse to perform his Duty in the due and speedy Execution of this present Ordinance, the Lord Mayor of the said City for the Time being, or any Two of the Aldermen of the same City, for the City of London and the Liberties thereof; and the said respective Committees without the Liberties of the said City, and within the Lines of Communication and Weekly Bills of Mortality, or any Five of them; have hereby Power to commit such Person or Persons, so refusing or neglecting this Service as aforesaid, to Prison, there to remain without Bail until he shall conform himself; or otherwise to impose upon such Person or Persons so refusing or neglecting the said Service, or their Duties therein, such Fine or Fines as to them shall be thought fit, and cause the same to be levied by Distress and Sale of Goods, in Manner and Form aforesaid.

"Provided, That no Fine to be imposed upon any of the said Committees shall, for any One Offence, exceed the Sum of Five Pounds; and that no Fine to be imposed upon any Assessor, Collector, or any other Person to be employed by the said Committees in the said Service, or refusing to be employed therein, shall for any Offence exceed the Sum of Five Pounds; and that no privileged Place or Person, within the Cities and Places aforesaid, shall be exempted from the said Assessments and Taxes.

"And be it further Ordained, That the said several and respective Committees, and every of them, shall from Time to Time give a true and perfect Account of all their Doings and Proceedings, in the Execution of this Ordinance; (videlicet), the Treasurer or Treasurers for London and the Liberties to the Lord Mayor, Aldermen, and Common Council of the said City of London, or to such Persons as they shall appoint; and the said Sub-committees and their Treasurers to the Committee for the Militia of the said City.

"And be it further Ordained, That the Treasurers appointed to receive the Money by virtue of this Ordinance are appointed, and hereby authorized, to issue out the said Monies so gathered and received, for the Purpose aforesaid, and not otherwise, within the City and Liberties, as the Lord Mayor, Aldermen, and Commons, in Common Council assembled, or such Persons as they from Time to Time shall appoint for that Purpose; and without the said City and Liberties, and within the Line of Communication and Weekly Bills of Mortality, as the said Sub-committees within their several Divisions, shall appoint, for the Uses aforesaid, and not otherwise.

"And be it lastly, by the said Lords and Commons, further Ordained, That all and every the respective Committees, Assessors, Treasurers, and Collectors, of the respective Divisions aforesaid, and all that shall assist them in the Premises, shall be, by the Power of Parliament, protected and saved harmless, both for what according to the true Meaning of the Premises they have or shall do therein.

"Provided always, That such Rates and Assessments as shall be made, by virtue of this Ordinance, upon any Peers of this Kingdom, or Members, Assistants, or Attendants, upon either 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 present Ordinance to the contrary notwithstanding.

"Jo. Brown, Cleric. Parliamentorum.

"H. Elsynge, Cler. Parl. Dom. Com."

Adjourn.

House adjourned till 9a cras.

Footnotes

  • 1. Bis in Originali.
  • 2. Bis in Originali.
  • 3. Deest in Originali.
  • 4. This Ordinance is printed, and bound in with the Original.
  • 5. This Ordinance is printed, and bound in with the Original