Journal of the House of Commons: Volume 6, 1648-1651. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Sabbati, 23 Septembris, 1648.
THE Lord Carre reports the Amendments to the additional Ordinance for raising the Revenue for the Prince Elector: The which were twice read; and, upon the Question, assented unto, leaving out the Estate of William Stoner Esquire, of Shiplack in the County of Oxford: And the Ordinance, with the Amendments, upon the Question, passed; and is ordered to be sent unto the Lords for their Concurrence.
Grant to Rolfe.
Ordered, That the Sum of Twenty Pounds, formerly ordered to be paid to Major Edmund Rolfe, be made up the Sum of an Hundred and Fifty Pounds; and be forthwith paid unto the said Major Rolfe, out of the Pay due to Major Gibbs, and payable unto the said Major Gibbs, by the Eastern Association: And the Committee of the Eastern Association are required to take Notice hereof; and to take Care and give effectual Order, That the said Sum of One hundred and Fifty Pounds be forthwith paid unto the said Major Rolfe, or his Assignee: And that the Acquittance of the said Major Rolfe, or his Assignee, shall be a sufficient Discharge for the Payment of the said Sum of One hundred and Fifty Pounds, accordingly.
Ordered, That a Declaration and Order, to the same Purpose as that which passed this House Yesterday; and was sent to the Lords for their Concurrence; do pass, and be published as the Declaration and Order of this House only, touching the Judges in the Admiralty, and the Judges Delegate, proceeding upon Causes comprehended within the Ordinance for settling the Admiralty, of 12 Aprilis 1648; viz.
Whereas, by an Ordinance of Parliament, intituled; An Ordinance of the Lords and Commons, assembled in Parliament, for settling the Jurisdiction of the Court of Admiralty, dated the Twelfth of April 1648, it is ordered and ordained, That all Causes which concern the repairing, victualing, and furnishing Provisions for the Setting of Ships or Vessels to Sea; and all Causes of Bottomry; and likewise all Causes of Contracts made beyond the Seas, concerning Shipping, or Navigation, or Damages, happening thereon, or other Damages arising at Sea, in any Voyage; and likewise all Causes of Charter Parties, in Contracts for Freight, Bills of Lading, Mariners Wages, or Damages in Goods laden aboard Ships, or other Damages, done by one Ship or Vessel to another, or by Anchors, or want of Laying of Buoys; be within the Cognisance and Jurisdiction of the Admiralty Court; and that the said Court may proceed therein, according to the Power and Directions in the said Ordinance given: Now, whereas there is a Question made, Whether the Causes now lying under Prohibitions still undetermined, notwithstanding they are of the same Nature with these asoresaid, and comprehended in the said Ordinance, shall be proceeded in, and finally determined, by the Judges of the Admiralty, or Judges Delegates, according to the true Intent and Meaning of the said Ordinance, as well as those Causes which are and shall be begun since the Date of the said Ordinance: It is Ordered and Declared, by the Commons, in Parliament assembled, That all Causes, which have now long lain under Prohibitions, by reason of the Unsettlement of that Jurisdiction, be proceeded in, and finally determined, and the Decrees and Sentences put in Execution, according to the Directions given in the said Ordinance, and true Meaning and Intent thereof, as well as those that are or shall be begun since the Making of the same: And that the Judges of the Admiralty, appointed in the said late Ordinance, and likewise the Judges Delegates, nominated under the Great Seal, or that, from time to time hereafter, shall be appointed and nominated, do and may proceed therein, and finally determine the same; and the Decrees and Sentences put in Execution, accordingly. And
It is further Ordered and Declared, by the Commons, in Parliament assembled, That those Causes that are or shall be begun, during the Three Years limited in the said Ordinance, be not molested or interrupted by Prohibitions, though not fully determined within the Three Years limited therein; being comprehended, as aforesaid, within the said Ordinance.
Answer from Lords.
Mr. Gurdon reports, That the Lords do agree to the Order for the Four thousand Pounds, for the Lady Brooke; to the Ordinance for continuing the Management of the Receipts of the Excise, in the Hands of the Commissioners of the Excise: As to the Ordinance for Discharge of the Commissioners Accompts, they will send Answer by Messengers of their own.
An Ordinance for providing the Maintenance of Seven hundred Pounds per Annum for Princess Elizabeth, Sister to the Prince Elector Palatine, was this Day read the First time; and ordered to be read the Second time, on this Day Fortnight, the first Business.
Message from Lords.
The Lords desire to put the House in mind of the Petition of William Hill, of London, Merchant, sent from their Lordships Three Months since; and do especially recommend his Sufferings, and sad Condition, to this House; his whole Estate having been laid out in their Service; and having suffered long imprisonment for want thereof.
Answer to Lords.
Message to Lords.
He likewise carried to the Lords, for their Concurrence, the Order for Mr. * Bethum to be Provost Marshal for the Safety of the Parliament: The Order for preventing the Transporting, Clipping, and Washing of Gold: And was to put them in mind of an Order formerly sent unto them concerning Lincolnshier.
Treaty with the King.
A Letter from the Committee of this House employed to the King, to the Isle of Wight, of 21 Septembris 1648, and Nine Papers, inclosed * * * * of the Eighteenth and Nineteenth, delivered by the Committee, to the King; and Three Papers, of the Eighteenth and Nineteenth, delivered by the King to the Committee, were all read.
Loan by the City.
Ordered, That Mr. Falconberge do forthwith pay the Sum of Four Thousand Pounds, Part of the remaining Eight thousand Pounds, assigned for defraying the Charges of the Treaty, or so much thereof as is in Cash, to Mr. Francis Cressett, or his Assignee: And that the Acquittance of the said Mr. Francis Cressett, or his Assignee, shall be a sufficient Discharge herein to the said Mr. Falconberge.
Ordered, That Sir Thomas Soame, Alderman Penyngton, and Mr. Vassal be desired to take especial and effectual Care with the Committee of the Common Council, that the Monies, behind appointed for defraying the Charges of the Treaty, may be brought in and paid to the Treasurer seasonably to comply with those Occasions.
Answer from Lords.
Mr. Pelham brings answer, that the Lords do agree to the Orders concerning a Provost Marshal; and concerning the Transportation of Gold; and to the Order he was to put that House in mind of, concerning the Committee of Lincolnsheire.
Treaty with the King.
Mr. Swynfen, Mr. Annesley, Mr. Wheler, Mr. Lisle, Mr. Prideaux, Sir Ben. Rudierd, Mr. Whitlocke, Mr. Dodderidge, Sir John Clotworthy, Colonel Copley, Mr. Hodges, Mr. Weaver, Colonel Birch, Mr. Scott, Colonel Strode, Mr. Ellis;
This Committee, or any three of them, are to meet this Afternoon at Three of Clock, in the Court of Wards, to consider of that Clause in the Committees Letter, employed to the Isle of Wight, that relates to the Declaration of both Kingdoms, and the Propositions concerning the Treaties: And are to deliver their Opinions upon Perusal of the said Declarations, Propositions, and Treaties, on Monday Morning next: and the Care of this Business is more particularly referred to Mr. Swynfen.
Ordered, That a Letter be prepared to be sent to the Committees employed upon the Treaty; to give them Thanks for their Care in the Proceedings upon the Treaty; and to acquaint them, What Care the House has taken for supplying them with Monies; and that their Papers are under Consideration.
Ordered, That it be referred to the Commissioners of the Great Seal, to take Course, by appointing and impowering such fitting and able Person or Persons, or otherwise, as they shall think fit, for the Assistance of the Judges in the Norffolke Circuit, upon the Gaol Delivery.
Duke of Bucks, &c. Estates.
Resolved, &c. That the Committee for Sequestrations in Westminster and Middlesex respectively, do forthwith make Sale of the Goods in their Hands, or under their Power, late belonging to the Duke of Bucks, or Earl of Holland, respectively; and pay over the Proceed thereof, and the Monies in their Hands, either of the said Duke of Bucks, or Earl of Holland's, into the Hands of the Committee usually fitting at Haberdashers Hall, for Advance of Monies; to the End the same may be forthwith paid and issued out according to former Orders and Directions, towards the Entertainment and Pay of the Horse Guards that attend the Parliament.
Treaty with the King.
An Ordinance for continuing the Ordinance for paying the Assessments for the Army for Six Months longer, from the Twenty-ninth of September 1648, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.
Arrears of Assessments.
Mr. Hodges reports the Amendments to the Letter, formerly reported from the Committee of the Army, touching the quickening the bringing in the Arrears of the Assessments for the Army: The which Letter is to be signed by the Members of this House, that serve for the respective Counties and Places mentioned in a Paper reported from the same Committee.
Ordered, That it be referred to the Care of the particular Members following, to take care for the Signing and sending away of the Copies of the Letters, for quickening the bringing in the Assessments, and Arrears of Pay to the Army, to the respective Commissioners or Committees, intrusted in that Affair, in the Counties following; viz.
It is Resolved, &c. That the Offer of the Commissioners for the Customs, in Forbearance of their Reimbursement out of the Receipts of the Customs, appointed to them for that Purpose, until the Sum of Eleven thousand Four hundred Pounds be raised out of the Moiety of the clear Receipts of the Customs, is accepted, by this House, as an acceptable Service to the Commonwealth: And
It is further Ordered, by this House, That the said Commissioners shall not, in any fort, be prejudiced by the Forbearance of their Reimbursement at this Time; but shall be at Liberty again to proceed to reimburse unto themselves the Monies owing to them by the Parliament, in such manner as by former Ordinances they are directed or enabled, so soon as the said Sum of Eleven thousand Four hundred Pounds, for Payment of the Yards, shall be raised out of the Moiety of the clear Receipts of the Customs.