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 Jovis, 10 Aprilis, 1651.
ORDERED, by the Parliament, That Sir Richard Lucy, Mr. Dormer, Mr. Piggott, Mr. Herbert, Sir Thomas Wroth, Mr. Skinner, Sir Peter Wentworth, Mr. Darley, Mr. Boone, Mr. Henry Nevill, Mr. Baker, Mr. Hodges, Mr. Hay, Alderman Pennyngton, Mr. Oldsworth, Colonel Bossevile, Mr. Pury junior, Mr. Cawley, Mr. Brewster, Mr. Clement, Sir John Hippisley, be added to the Committee for removing of Obstructions.
Transactions with Portugall.
The Parliament this Day resumed the Debate upon the Report from the Council of State, touching their Transactions with the publick Minister from the King of Portugall.
The First Article of the Demands made by the Council of State was read; viz.
"That the Persons of all the English that are in Prison, or in any Restraint, under Bail, or otherwise, in any Part of the Dominions of the King of Portugall, be forthwith set at full and free Liberty:"
Together with the Explanation by the Council; viz.
"As to the First Article; our Meaning is, That the Persons of all the English that have been put under any kind of Restraint, either by Imprisonment, Bail, or Caution, or otherwise, in any Part of the Dominions of the King of Portugall, since the time that Rupert first arrived in the River of Lisbone, be set forthwith at full and free Liberty, and their Bail and Caution discharged; except such as are under Bail, or Caution, or in Prison, upon any Civil Action, for Debts justly due from them; or that are in Prison for Matters Criminal, which have not relation to any Acts of Hostility that have been between the Two Nations, since the said first Arrival of Rupert in the River of Lisbone."
Resolved, by the Parliament, That the Parliament doth approve of this Demand made by the Council of State, together with the Explanation thereof.
Resolved, That this Proposition, thus explained, be insisted on in the Treaty with the publick Minister of the King of Portugall.
The Second Article of Demands was likewise read, being as followeth;
"That all Ships, Money, and Goods, belonging to any of the English, that have been seized in any of the Dominions of the King of Portugall, be forthwith freely restored, and Reparation made, for all Damages that have accrued to the Proprietors thereby:"
Together with the Explanation of that Article, in these Words; viz.
"To the Second; our Meaning is, To have Restitution of all Ships, Monies, and Goods, wherein Debts also are intended to be comprized, belonging to any of the English, and seized in any of the Dominions of the King of Portugall: Which Restitution we intend to be of the Things in Specie, continuing of the same Value and Goodness as at the time of the Seizure; or, if not in Specie, or that they be impaired by occasion of Seizure, then that Satisfaction be to the true Value of them, as when they were seized: And, as to Reparation for Damages, we are contented to explain; and our Intention is, not to insist upon the greatest Extent thereof; but only so far as shall be found consonant with Equity and Reason, and may testify the Propension we have to Peace."
Resolved, That the Parliament doth approve of this Second Demand, together with this Explanation thereof: And that the same be insisted upon.
The Third Demand was likewise read; viz.
"That Justice be done upon those that murdered our Men in Portugall, being on Shore; and upon those that attempted the Burning of the Admiral's Ship in the River."
Together with the Explanation of that Article by the Council, in these Words;
"To the Third; if you assent to the Matter of it, for the Means of Execution, we offer, That such of the English Nation as were Actors in, or Accessories to, the Murdering of our Men on Shore, and are, or shall be at any time hereafter, found within any of the Dominions of the King of Portugall, be delivered to us, to be proceeded against here in Justice; and such as are guilty as aforesaid, being Subjects to Portugall, be proceeded against in Justice there: And that all Persons, guilty as aforesaid, and now withdrawn, who shall be hereafter nominated by the Parliament of the Commonwealth of England, be proceeded against to Proscription; and that they be executed whenever they shall return into the Dominions of the said King."
Resolved, That the Parliament doth approve of this Demand, together with this Explanation: And that the same be insisted on.
The Fourth Demand was likewise read, together with the Estimate of the Charge of fitting, setting forth to the Seas, and maintaining, several Fleets upon the Coast of Portugall, in the Years 1649, 1650, and Part of 1651; the Total whereof amounting to Two hundred Fourteen thousand Six hundred and Forty Pounds:
"That Reparation be given to this Commonwealth, and Repayment made of all those Charges they have been at in setting out the several Fleets that have been sent to Portugall, for reducing the revolted Ships that were protected by the King of Portugall, or for doing Right to the People of this Nation, for the Losses sustained by them from that King or People, according to an Estimate herewith delivered:
Together with the Explanation of that Article by the Council, in these Words;
"That we do understand the Satisfaction therein desired, to be towards Reimbursement of this Commonwealth their great Charge and Expence in Default of Right and Justice from the King your Master, of which we have formerly given you an Estimate; towards the Payment of which we are content the Goods seized here, if any be, and the Reprisals taken by us, shall be, upon Account, towards the Satisfaction thereof."
The Question being propounded, That the Parliament doth approve of this Demand, insisting only on One hundred and Fourscore thousand Pounds;
And the Question being put, That that Question be now put;
It passed with the Affirmative.
And the main Question being put;
It was Resolved, That the Parliament doth approve of this Demand, insisting only on One hundred and Fourscore thousand Pounds.
The Question being propounded, That the net Value of the Ships, Sugars, and other Goods taken from the Portugall, shall go, upon Account, towards Satisfaction of the said One hundred and Eighty thousand Pounds;
The Question being put, That these Words, "the Mariners Allowance being deducted," be added to the former Question;
It passed with the Negative.
Resolved, That the net Value of the Ships, Sugars, and other Goods taken from the Portugall, shall go, upon Account, towards Satisfaction of the said One hundred and Fourscore thousand Pounds.
The Fifth Demand was read; and was in these Words;
"That Restitution be made of, or Reparation for, all Goods belonging to any of the English, that, being taken by Rupert, or Maurice, or any Ship under their Command, have been brought into Portugall, and disposed of, or remaining there:"
Together with the Explanation of that Article, by the Council, in these Words;
"As to the Fifth Article; which, your Answer faith, is so abstruse and difficult; we conceive the Demand exceeding plain and clear; that Restitution be made of, or Reparation for, all Goods belonging to any of the English, that, being taken by Rupert, or Maurice, or any Ship under their Command, have been brought into Portugall, and disposed of, or remaining there, or, by them, or their Order, carried away: Which Restitution or Reparation ought to be made by the King of Portugall; for that, although Demand was made of Justice, yet there could be no Civil Process obtained against Rupert, nor would the said King suffer our Ships there to do Justice themselves."
Resolved, That the Parliament doth approve of this Fifth Demand, thus explained; and that the same be insisted upon.
Resolved, That in the Explanation of the Fifth Article, these Words; viz. "or, by them, or their Order, carried away;" be inserted.
The Sixth Demand was read, with the Explanation, in these Words:
Transactions with Portugall:
"That the Ship the Convertine, and all or any other Ship or Ships belonging to the Commonwealth of England, or any other Ships belonging to any of the People of this Nation, which were brought into Portugall by Rupert, or any of his Fleet; and are, or have been, in the Hands of the King of Portugall, or of any of his Subjects, and have been disposed of by them; be re-delivered, with all their Apparel, Guns, and all other Equipage to them belonging; and all due Satisfaction given for the unjust Detainer of them."
"As to the Sixth, our Meaning therein is clear and apparent; and, for the Reason next before given, we demand Restitution and Satisfaction as therein is expressed, whether the Ships were disposed of by the King of Portugall, or any of his Subjects, or whether sold by his Consent or not."
Resolved, That the Parliament doth approve of this Sixth Demand: and that the same be insisted upon, accordingly.
The Answer of the Council of State, to the Three preliminary Demands of the publick Minister of Portugall, contained in the Two last Paragraphs of the Fifteenth Paper, was now read, in these Words;
"And to the end there may nothing remain with us, which may longer detain you from giving your clear and full Answer unto the Fourth Demand, whereby the Parliament may know what Satisfaction they may expect in that Particular; we do further declare, That, as to the Demands preliminary unto the Treaty to be made on our Part, we do conceive, they are, and will be, comprehended in the Six Articles in our first Paper delivered in: Nor is it our Intention to make, or insist upon, any new preliminary Demands: unless upon Report made of our Proceedings herein unto the Parliament, we receive their express Order concerning the same: or that further Evidence, than is yet before us, of the Injuries done to this Nation, by Portugall, and the People thereof, shall occasion the same, before the Articles preliminary on both Parts be signed."
"And, for Answer to your Three preliminary Articles, we say, That, by the Narrative of the Fact, formerly delivered unto you by our Committee, it doth appear; that the Parliament, for righting themselves, and the People of this Nation, for the Injuries done unto them by the Portugall, have proceeded no otherwise than in the Way of Justice, according to the Laws of Nations, with Care not to interrupt, or give any just Occasion of Interruption, of the former Amity: Whereas the Seizures, and other Acts of Force, and Denial of Justice, by the Portugall, have been contrary to common Right, and the Articles of Alliance that were between the Two Nations; and therefore it ought not to be expected, that there should be any Cessation, nor Renewal of Commerce, until the Satisfaction demanded be given to this Commonwealth, that hath sustained the Wrong: Yet, to shew our continued Propension to Peace, we do make this particular Reply unto your Three preliminary Desires:"
"That, from the time that the King of Portugall shall actually, according to the Purport of the Two first Articles of our first Paper of Demands, set at Liberty, as well the Persons, as the Goods, of all the English restrained or seized, and absolutely discharge and acquit both them and their Bail, or Sureties; and likewise give Caution or Security for the Performance of the other Four Demands; they are contented there shall be a Cessation and Suspension of Arms; and a Continuance of mutual and free Trade, and no further Seizures, upon any Pretence whatsoever, either of Persons or Goods, for the Space of Three Months: And they limit the ending of the time, as aforesaid, to the end that, within that time, the Treaty of a full Peace may proceed: In the managing whereof Consideration may be had of the former Articles of Peace, and of such other Articles as shall be thought fit; and upon the making thereof the Freedom of Trade and Commerce, and all other Fruits, may ensue, and take their Effect, not upon Cessation temporary, but upon a plenary League and Amity."
Resolved, That the Parliament doth approve of this Answer, with this Amendment; viz. "The Two first Articles being performed, and Caution or Security for Performance of the rest of the Demands unperformed;" and the Time to be "Six" Months, instead of "Three."
Resolved, That the Answers given in by the publick Minister of Portugall, to the several Demands made by the Council of State, with their Explanations, are not satisfactory.
Resolved, That the publick Minister of the King of Portugall do give in his positive and express Answer to the Demands, with their several Explanations, and other Proposals of the Council of State, as the same are approved of . . . the Parliament, within Six Days after they are delivered to him.
Resolved, That it be referred to a Committee, to peruse these Votes, and the several Demands and Explanations aforesaid; and put them into Order; and to consider of what else they shall think fit to be offered to the Parliament, to be further insisted upon:
Alderman Penington, Mr. Boone, Sir Henry Vane, Mr. Robinson, Mr. Love, Colonel Thompson, Mr. Nevill, Lord Commissioner Whitlock, Mr. Allein, Mr. Edward Ash, Mr. Pury, Mr. Martin, Mr. Bond, Mr. Holland; or any Three of them: And this Committee are to meet at Seven of the Clock To-morrow Morning, in Mr. Speaker's Chamber; and to report the same to the House To-morrow.