Journal of the House of Commons: Volume 7, 1651-1660. Originally published by His Majesty's Stationery Office, London, 1802.
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Friday, the 9th of January 1651.
High Court of Justice.
Resolved, That Mr. Hill do, on Thursday next, make his Report from the Committee to whom Mr. Prymate's Petition is committed: And that the House do then take further Consideration, touching the undue Printing of Petitions and Papers.
A Prisoner committed.
Resolved, That the Serjeant at Arms attending the Parliament do deliver Thomas Elsliott, who was committed unto him by Order of the Committee of Indemnity, unto the Prison of Newgate, under that Charge which is now upon him from that Committee; and that the Keeper of Newgate be required, by virtue of this Order, to receive the said Thomas Elsliott into the said Prison; and to the end he may be liable to such legal Charges and Prosecution as shall be had against him.
Alderman Pennyngton reports, from the Council of State, Four Narratives, containing the State of the Cases of the Eastland Merchants; of Mr. Samuel Mico; of the English Merchants trading to Bordeaux; and of Wm. Anderson; as the same have been sworn before the Council.
ABOUT the 12th of September last, the said William Anderson set sail from Berwick in the Ship Fortune, of New-Castle, George Cook Master, bound for Roterdam, where, being arrived about the Eighth of October, and having laden the said Ship with several Goods and Merchandizes, set sail from thence the 18th of October, bound for Berwick aforesaid; but in her Voyage thither was on the 19th of October, taken near Yarmouth Roads, as Prize, by a Man of War, who had Commission from the late Scotts King; and by her carried to Callice, where both Ship and Goods were adjudged Prize.
The said Wm. Anderson redeemed the said Ship and Goods at Calice, paying for the same Eight thousand Holland Gilders; and from thence, caused her to come for Berwick, her first intended Port; where she is arrived.
The said Ship having in her certain Goods which are prohibited by the late Act, are, both Ship and Goods, seized upon; although she would, in all Probability, have arrived at Berwick a Month before the said Act took Place, had not the said Accident befallen her.
Stephen Jackson of London, Merchant, offereth to depose, That the several Particulars above mentioned hath been, by the said Wm. Anderson, from time to time, advised him by Letters; and also, by Letters from Wm. Johnson, English Merchant, Resident at Rotterdam; and from Henry Booth, Merchant at Callice.
The said Stephen Jackson further offereth to depose, That he accepted and paid Bills of Exchange to Henry Reginer, Merchant, for Four hundred and Ten Pounds Sterling, drawn by the said Wm. Anderson upon him from Callice; which was towards Payment of the abovesaid Eight thousand Gilders, for Redemption of the said Ship and Goods.
Henry Reginer of London, Merchant, offereth to depose, That he received Advice, by Letter from the aforesaid Henry Booth, that the said Ship was brought Prize into Callis, and redeemed by the said William Anderson; and likewise that he received 410£. Sterling of the said Stephen Jackson, which was drawn upon him by the said Wm. Anderson.
Resolved, That the Commissioners for the Customs be authorized and required to take off the Seizure of the Ship Fortune of New-Castle; George Cook, Master, bound from Roterdam, and the Lading of the said Ship, made by Virtue of the Act of Parliament, intituled, An Act for Increase of Shipping, and Encouragement of the Navigation of this Nation: And that the Ship and her Lading be restored unto the Owners, freed and discharged of and from any Seizure or Confiscation by Force of the said Act, as if the same had come in before the First of December last: And that all Officers, and other Persons concerned, do take Notice hereof and yield Obedience thereunto.
That he sent a great Quantity of those Manufactures to Alicant in Spaine that lies within the Streights of Gibrallar; in ordering his Factor Aaron Mico in March last, to send him Returns the Beginning of this Vintage, in Raisins, Anniseeds, Almonds, Figs, and some Wines, &c.
That in Pursuance thereof his said Factor, not finding any English Ship in those Parts to get Tonnage in, on the Tenth of September last, was necessitated to freight the Ship Hope, John Van, Linen Master of Hamborough, to bring for England his said Returns: And sent them a Copy, in Spanish, of the Charter-Party, dated the 20th, which is the 10th of September, English Style.
That in the same Month of September, and some Part of October, his said Factor laded the said Ship with those Commodities in Denia, Shauia and Alicant; but the just Quantity of each he knows not yet, for want of some Letters not yet come to hand.
That those Commodities are for him, the said Samuel Mico, his proper Accompt; save some small Part for Accompt of his Brother-in-Law, Nathaniel Wythers, an English Merchant now beyond the Seas: And no Part of the Ship's Lading that he knoweth of, belongeth to the People of any other Nation.
That the said Ship came away from Alicant, her last Port of Lading, as he hath heard by Letters, the Twentyfifth Day of October 1651, having been so crossed by Winds, that she arrived not in the Downes till the 28th of this present Month of December.
That he believeth the said Factor had no Notice of the Publication of the Act forbidding the Importation of Goods in Foreign Bottoms after the First of December, before such her Departure; nor that it was possible he should have it so soon; nor hath he written him the said Samuel, to this Hour, of any Knowledge of it; so it was not possible for him, the said Samuel Mico, to give his Factor Notice of it, to prevent the Lading of Goods in Foreign Bottoms, before the coming away of the said Ship.
Resolved, That the Commissioners for the Customs be authorized and required, to take off the Seizure of the Ship Hope, John Van, Linen-Master of Hamborough, and the Lading of the said Ship, made by Virtue of the Act of Parliament, intituled, An Act for Increase of Shipping, and Encouragement of the Navigation of this Nation; and that the said Ship and her Lading be restored unto the Owners, freed and discharged of and from any Seizure or Confiscation, by Force of the said Act; as if the same had come in before the First Day of December last: And that all Officers, and other Persons concerned, do take Notice hereof, and yield Obedience hereunto, accordingly.
THE Eastland Merchants having been necessitated, before Publication of the late Act of Prohibition, to employ several Foreign Ships (a particular List whereof is adjoined) they do, in Obedience to an Order this Day received from your Honors, severally, according to their respective Interest in each of the said Ships, declare and depose:
2. That most of the said Ships being freighted by the Factors in the East Country, the Deponents do not certainly know, whether all of them were agreed withal by Charter-Party, or no; but if they were, the Charter-Parties are, according to Custom in the Hands of the respective Masters of Ships; who are not yet arrived: Only by Letters received from their Correspondents there, they have Information when the said Ships were freighted; as is particularly expressed in the said List.
3. As to the Quantity and Quality of the Goods laden upon the said Ships, the Deponents, not being the only Proprietors thereof, but some Part belonging also to their Correspondents, English Merchants, beyond the Seas; they are not able, directly and certainly, to express the same until the Ships Arrival: Which yet they have, as near as they can, set down in the said List.
4. That all the said Ships were freighted and employed before the Factors in the East Country, or Norway, could have Notice of the Act of Prohibition: And that, altho' the Deponents writ by the first Conveyance after the Publication thereof, yet they could not give timely Notice to prevent the Employment of the said Ships; neither were any English Ships there, at the Time, to be freighted in Case it had been possible.
Resolved, That the Commissioners of the Customs be authorized and required, to take off the Seizure of the Ship Gerechtigheit of Staverne, Dave Jacobson, Master, freighted by Samuel Travell and John Collins at Danske, and of her Lading made by Virtue of the Act of Parliament, intituled, An Act for Increase of Shipping, and Encouragement of the Navigation of this Nation; and that the said Ship, and her Lading, be restored unto the Owners, freed and discharged of and from any Seizure or Confiscation, by Force of the said Act, as if the same had come in before the first Day of December last: And that all Officers and other Persons concerned, do take Notice hereof, and yield Obedience hereunto, accordingly.
That at or upon the 6th of September last, Joseph Hieron, Henry Potkin, Robert Collins, and George Toriane of London, Merchants, did take Freight for One hundred Tons in the Bay-tree of Flushing, Bowdwin Philips Master: And upon Promise of the rest of his Loading by others of us, (according to the usual Custom, for this Place, in Lieu of Charter-Party) he did immediately proceed in his Voyage: In the like Manner, and about the same Time, Elizabeth Camby, by Order from her Husband Samuel Camby, Thomas Fincham, Richard Fuller, Edward Young, Arnola Beak, and others, Merchants of London, hired and took to freight the Arms of Flushing, Master, Cornelius Dronkeart; who also immediately proceeded, in Company with the former, for Burdeaux; and so to return to London: And Joseph Butelier and Henry Shelbury, Merchants . . London, by their Factors abroad, took their full Freight and Tonnage, long before Publication of the Act here; as by their Affidavit, already made, doth appear.
Now so it is, that the Act for Increase of Shipping was published the Tenth of October; upon which divers of us gave Notice the next Post after, concerning the said Act, to countermand the Lading of our Goods; which our Advice could not possibly arrive soon enough to that Effect; nor our Factors remedy the same, or load them in any English Vessels; the said Ships being dispatched, and gone thence to Sea: And of the Truth hereof, we have already, before Dr. Aylett, made Oath in Part; and are again ready, sincerely, to swear the same.
2. As for the Quantity of our Goods, we have herewith noted so much as we know, and do conceive to be all, or the most Part of the Lading; for each Man having several Factors, we cannot make Oath directly for all.
4. All the said Goods do really belong to Merchants of London, and the People of this Nation; excepting some few Goods belonging unto Merchants and Citizens of Burdeaux, and consigned unto some of us here; upon which we have long since disbursed the Value of the Goods, by their valuing themselves on us, without other Means to reimburse ourselves, but by the Produce of the said Goods: All this we are ready, without any Fraud or indirect Meaning, to make good, as the honourable the Council of State shall appoint us.
The Question being put, That the like Order be made for the Ship Bay-tree of Flushing, Bawdwin Philips Master, and her Lading; and for the Ship Arms of Flushing, Master, Cornelius Drunkaert, and her Lading; as in the former Cases;
|Lord Comm. Whitelock,||Tellers for the Yeas:||20.|
|Mr. Attorney-General,||With the Yeas,|
|Lord Commis. Lisle,||Tellers for the Noes:||39.|
|Mr. Solicitor,||With the Noes,|
Lord Herbert's Estate.
Resolved, That the Houses and Lands conveyed by Act of Parliament unto Mr. Pennoyer and Mr. Hill, were, by Indenture, dated 3"°"; Caroli, conveyed by Edward then Earl of Worcester, unto the Petitioner and his Heirs, after the Decease of Edward now Earl of Worcester, who is but Tenant for Life thereof.
Resolved, That it be humbly presented to the Parliament, as the Opinion of this Committee, That the several Manors and Lands, the Inheritance whereof is by this present Parliament settled upon the Petitioner and his Heirs, and are of the yearly Value . . 1,700£.; that the present Possession thereof be granted unto the Petitioner, he paying to the Trustees for Sale of Delinquents Lands, the Sum of 800£.
Resolved, That it be presented to the Parliament, as the Opinion of this Committee, That the Trustees and Contractors for Sale of Delinquents Lands, do convey the said Manors and Lands to the said Petitioner, during the Life of Edward Earl of Worcester; the said Petitioner paying to them therefore the said Sum of 800£.
Resolved, by the Parliament, That in Satisfaction and Discharge of the Title and Claim of the Lord Herbert of Ragland unto the Houses and Lands settled by Ordinance of Parliament on Mr. Pennoyer and Mr. Hill, the Trustees for Sale of several Lands and Estates forfeited to the Commonwealth for Treason, be authorized and required to convey unto the said Lord Herbert of Ragland, and his Assigns, all the Manors and Lands, the Inheritance whereof is, by this present Parliament, by an Act, intituled, An Act for Sale of several Lands and Estates forfeited to the Commonwealth for Treason, settled on the said Lord Herbert, and his Heirs, during the Life of Edward Earl of Worcester: The said Lord Herbert paying for the same, to the Treasurers of that Receipt, the Sum of Eight hundred Pounds: And that the present Possession of the said Manors and Lands be thereupon delivered unto the said Lord Herbert: And that the Commissioners for Compounding be authorized and required, upon a Certificate of the said Treasurers, to take off the Sequestration thereof.
Regulating the Law.
Lord Commissioner Lisle reports, from the Committee appointed to consider of Persons out the House, to consider of the Inconveniences in the Law, &c. a List of the Names of several Persons; viz. Matthew Hales, Wm. Steele, Recorder, Charles George Cock, Thomas Manby, John Sadler, Sam. Moyer, Josias Bernars, Alderman Foulk, Tobias Fryer, Sir Wm. Roberts, Arthur Barnardiston, Major-General Disborow, Mr. Hugh Peters, Colonel Thomlinson, Major Parker, Robert Jermy, Sir Anthony Ashley Cooper, Mr. Hickman, Mr. Wm. Methold, John Sparrow jun. Mr. Graves, Mr. Mansell, Colonel Blunt, Robert Horsman, Francis Rivett, William Berry, Mr. Leech.