House of Lords Journal Volume 10: 19 October 1648

DIE Jovis, 19 die Octobris.

PRAYERS, by Mr. Salwey.

Domini præsentes fuerunt.

Comes Manchester, Speaker.

French Merchants Ordinance.

The Ordinance concerning the French Merchants, was read Twice, and passed. (Here enter it.)

Order for Payment of Fees for Dedimus's.

The Order for Payment of Fees to Officers and Under Clerks, for Commissions and Dedimus Potestatems to Justices of Peace, out of the Hanaper, was read, and committed to the Considerations of these Lords following; and to report to the House:

To meet To-morrow Morning, at Nine of the Clock.

Ordinance for 50,000 l. for the Navy.

The Ordinance for charging the Sum of Fifty Thousand Pounds upon the Receipts at Goldsmithes Hall, in Course, for carrying on the Affairs of the Navy, was read, and passed. (Here enter it.)

Allen's Order.

The Order for One Hundred Pounds for Mr. Allen, was read, and passed. (Here enter it.)

Taylor's.

The Order for Twenty (fn. 1) Pounds to Taylor, out of Gouldsmithes Hall, was read, and passed.

(Here enter it.)

Letter, &c. from the Commissioners with the King.

Next a Letter from the Commissioners in the Isle of Wight, and Papers inclosed concerning the Treaty, were read: (Here enter them.) And ordered to be taken into Consideration To-morrow Morning; and the Lords that are to sit in Parliament are to have Notice to attend the House.

Blackmere and Paris' Complaint.

Ordered, That the Lord Mayor and the Justices of the City shall put in their Answer to the Complaint of Blackmere and Paris, the 2 of November next.

Letter from the Commissioners with the King; with the following Papers concerning the Treaty.

"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore, at Westm'r.

"My Lord,

"Since our last of the 14th Instant, we received your Lordship's of the 13th, with the Resolutions of the Two Houses upon the Propositions of the Church, wherewith we acquainted His Majesty Yesterday Morning; and we shall pursue our Directions therein, according to the Commands of both Houses. We herewith present your Lordship with an Account of our Proceedings upon the Proposition concerning Delinquents, and likewise with His Majesty's Propositions to the Two Houses, which we received from Him this Morning; the Copies of all which we send you here inclosed. We have, in Pursuance of our Directions from both Houses signified unto us by your Lordship's last Letter, as soon as we concluded upon the Proposition your Letter found us in, put in a Paper, to press the King to a full Answer to the Proposition concerning the Church, of which we send your Lordship a Copy inclosed; and we have this Night put in another Paper, expressing the Particulars wherein the King's Answer falls short of the Desires of both Houses in that Proposition; and shall proceed in the Treaty, upon the rest of the Propositions, according to our Instructions. We remain

"Your Lordship's

Newport, the 17th October, 1648.

"Humble Servants,

"A. Northumberland.
Middlesex.

"W. Say & Seale.

"For your Lordship."

**The Commissioners Paper, making known the Votes of the Houses upon the King's Answer to the Propositions of the Church.

"Newport, 16 Octobr. 1648.

"We have transmitted to the Houses Your Majesty's Answer to the Proposition concerning the Church, dated 9 Octobr. 1648; and are by them commanded to acquaint Your Majesty with their Votes and Resolution thereupon; which are as followeth:

"Die Veneris, 13 Octobr. 1648.

"Resolved, by the Lords and Commons in Parliament assembled, That this Answer of the King's, to the Proposition presented by the Commissioners to the King concerning the Church, is not satisfactory.

"Resolved, &c.

"That after the Commissioners shall have concluded upon the Proposition that this shall find them in, that then they do press the King to a full Answer to the Proposition presented by them to Him concerning the Church; and that they do proceed in the Treaty upon the rest of the Propositions, according to their former Instructions.

"Ex'r,

** The King's final Answer to the Propositions concerning Delinquents.

"CHARLES R.

"For a final Answer to you, as to your Proposition of the 13th of this Instant, concerning Delinquents, &c. His Majesty will consent,

"That all Persons who have had any Hand in the plotting, designing, or assisting the Rebellion of Ireland, shall expect no Pardon, as is expressed in the First Branch of this Proposition.

"As to all the rest of the said Propositions; His Majesty cannot consent thereunto as is proposed, otherwise than as is hereafter expressed; (videlicet,) As for all other Persons comprized in the said First Branch, His Majesty, for Satisfaction of His Two Houses, will give Way, that they may moderately compound for their Estates; and desires that they may be admitted to the same."

"And for removing Distrust, and Interruptions of the Public Settlement, His Majesty will consent as followeth:

"That such of them as the Houses of Parliament will insist on shall not be admitted to His Councils, and be restrained from coming to the Court, at such Distance as the Two Houses of Parliament shall think fit; and shall not have any Office or Employment in the State or Commonwealth, without the Consent of both Houses of Parliament; or shall absent themselves out of the Kingdom for some Time, if both Houses of Parliament shall so think fit.

"That all other Persons comprized in this Proposition shall submit to moderate Composition; and, for the Space of Three Years, shall not sit or serve, as Members or Assistants, in either House of Parliament, without Consent of both Houses of Parliament.

"Newport, the 17th of October, 1648.

"Ex.

** His Majesty's Propositions to both Houses of Parliament.

"CHARLES R.

"His Majesty's Propositions to His Two Houses of Parliament.

"1. That His Majesty may be settled in a Condition of Honour, Freedom, and Safety; and have the Faith of His Two Houses for the same.

"2. That His Majesty may be restored to the Possession of His Lands and Revenues.

"3. That He may have Compensation for those Revenues and Profits which His Majesty, for the Satisfaction of His Two Houses, in this Treaty, hath or shall consent to part withal.

"4. That an Act of Oblivion and Indemnity may be passed, to extend to all Persons, for all Matters, with such Limitations and Provisions as shall be agreed between His Majesty and His Two Houses.

"Newport, 17 Octobr. 1648.

"Ex.

** The Commissioners Paper, upon Receipt of the King's Answer to the Proposition concerning Delinquents.

"Newport, 17 Octobr. 1648.

"Your Majesty's Paper delivered unto us this 17th of October Instant, for a final Answer to ours of the 13th Instant concerning Delinquents, &c. we shall send to the Two Houses of Parliament; and, in Pursuance of their Directions, we shall go on with the Treaty.

"Ex.

** The Commissioners Paper, upon Receipt of the King's Propositions to both Houses.

"Newport, 17 Octobr. 1648.

"Having received your Majesty's Propositions to the Two Houses of Parliament, we shall forthwith transmit the same to the Houses, according to our Instructions.

"Ex.

** The Commissioners Paper, pressing the King for a full Answer to the Propositions of the Church.

"Newport, 17 Octobr. 1648.

"Whereas we have delivered a Paper to Your Majesty, of the 25th of September last, containing our Demands concerning the Church, and received Your Majesty's Answer thereunto the 30th of September; wherein we observed many Alterations, Omissions, and some Denials; and thereupon, by our Paper of the same Thirtieth of September, did humbly desire your full Answer; and having received Your Majesty's final Answer to us concerning that Proposition, we did transmit it to both Houses, whose Votes and Resolutions thereupon we made known to Your Majesty in our Paper given in Yesterday: In Pursuance thereof, we do again humbly desire Your Majesty's full Answer to the Proposition concerning the Church.

"Copia vera, ex'r,

Ordinance for a Duty on Goods to and from France, to pay the Expences of the Officers of the Company of French Merchants, Costs of Suits, &c. in recovering their Ships detained in France.

"The Lords and Commons assembled in Parliament, finding, as well by the Complaints of the Merchants commonly known by the Name of "The Governor and Company of Merchants of London trading into France," as otherwise, that several Arrests and Seizures have been of late unduly made, in the Dominion of the French King, on the Ships and Goods of English Merchants trading thither, upon private Mens Actions and Pretences, whereas in Truth the same are of general and public Concernment to this State; in which Cases, for Want of a public Stock, and Ministers to be thereon employed, the Trade of this Kingdom hath been much obstructed, and particular Mens Interests much prejudiced, to the very great Damage of the said particular Merchants, and their Discouragement in Trade and Commerce; do therefore hereby order and ordain, That all and every Person and Persons, as well Natives as Strangers, which shall, during the Space of Two Years now next ensuing, export out of this Kingdom of England, and Dominion of Wales, any Goods, Wares, or Merchandize, of any Nature or Kind whatsoever, into any the Parts of the Dominions of the French King without The Streights of Gibralter, or which shall import any Goods, Wares, or Merchandize, from thence, into this Kingdom, or Dominion of Walcs, shall pay Five Shillings upon every Hundred Pound Value of the said Goods which shall be so exported or imported, according to the Book of Rates established by Authority of this present Parliament (Wines only excepted), and Six Pence upon every Tun of Wine of the Growth of France, which shall during that Time be imported into this Kingdom, and Dominion of Wales; and that the Governor and Company of Merchants of London trading into France shall and may, for and during the said Space of Two Years now next ensuing, take, receive, and collect, of every Person and Persons, as well Natives as Strangers, that shall, during the said Space of Two Years now next ensuing, export out of this Kingdom of England, and Dominion of Wales, any Goods, Wares, or Merchandizes whatsoever, into any the Parts of the Dominions of the French King, or which shall import any Goods, Wares, or Merchandize, from thence, into this Kingdom, or Dominion of Wales, the said Duty of Five Shillings upon every Hundred Pounds Value of the said Goods, according to the said Book of Rates, and Six Pence upon every Tun of Wine of the Growth of France, which shall during that Time be imported into this Kingdom of England and Dominion of Wales; and that the said Governor of the said Company of Merchants of London trading into France for the Time being, or his Deputy or Deputies, shall and may, from Time to Time, nominate and appoint Collectors, who are hereby enabled to receive, at the several Custom-houses in the Port of London and Out Ports, all such Sums of Money as shall hereafter, during the Continuance of this Ordinance, be payable or paid, for and in respect of the said Duty: And it is further Ordained, That all such Sums of Money as shall be collected or received, for the Duty aforesaid, in the Port of London, shall be issued and disposed of, by the said Governor, his Deputy or Deputies, with the Advice and Consent of the major Part of the Assistants of the said Company for the Time being; and the Monies collected in the several Out Ports within this Kingdom of England and Dominion of Wales shall be issued and disposed of, by the said Governor, or his Deputy or Deputies, with the Advice and Consent of the Burgesses serving in Parliament for the said Out Ports, or any Four of them respectively, and not otherwise, for and towards the defraying of the Charges of Suits, and other Charges of like Nature, by reason of Arrests and Seizures heretofore made, or hereafter to be made, in France, of the Ships and Goods of the Merchants of this Kingdom trading thither, and for Payment of the Salaries of such Officers and Ministers as the said Governor and Company of Merchants of London trading into France have employed sithence the Year of our Lord 1640, or shall employ about those Affairs, in such Manner as in their Wisdoms shall be thought meet, for Maintenance and Support of their Trade and Commerce: And, that the said Duty may be duly collected and paid according to the true Intent and Meaning of this Ordinance, it is Ordained, That no Officer or Officers belonging to any Customhouse, in this Kingdom, and Dominion of Wales, [ (fn. 2) do, upon Forfeiture and Loss of his or their Places, pass any Warrant, Cocket, or Bill, or permit any Goods which shall be exported out of this Kingdom of England and Dominion of Wales] into any the Parts of the Dominions of the French King, or which shall be imported from thence hither, to pass, by any Warrant, Cocket, or Bill, unless the same be signified or subscribed by the Governor of the said Company of Merchants of London trading into France, his Deputy or Deputies, or by such Person or Persons as shall be by him or them authorized, by Writing under the Common Seal of the said Company, to collect and receive the said (fn. 3) Duty; who are hereby required to attend, at the several Custom-houses in the Port of London and Out Ports, at the usual Hours, between Nine and Twelve in the Morning, to receive the same, and to take such further Course for the Dispatch of the Service as he or they in their Wisdoms shall think fit: And it is further Ordered and Ordained, That if any Person or Persons, that are or shall be, according to the true Intent and Meaning of this Ordinance, liable to the Payment of the said Duty, shall refuse or omit to pay the same, that all and every such Person and Persons, so refusing or omitting to pay the said Duty, shall, upon Proof made thereof, pay Double the Value of the said Duty, for all such Goods, Merchandize, and Wines, for which he shall so refuse or omit to pay the said Duty in this Ordinance expressed, according to the Tenor thereof: Provided, That neither this Ordinance, nor any Thing therein contained, shall compel any Person of the Out Ports trading into France to pay this Duty, except they shall declare their Assent thereunto before the Five and Twentieth of May, which shall be in the Year of our Lord 1649, at the Assurance Office in London, to the Merchants commonly known by the Name of "The Governor and Company of Merchants of London trading into France."

Order for 200 l. for Allen.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Hundred Pounds be bestowed upon Mr. Wm. Allen, Servant to Lieutenant General Cromwell, that brought the Letters from him out of Scotland, purporting the good News of the Delivery of Berwicke, and concerning Carlile; and that the said Sum of One Hundred Pounds do issue, and be forthwith paid, unto the said Mr. Wm. Allen, or his Assignee, out of the First Monies that shall arise and be made of the Sequestrations of the Estates Real and Personal of the new Delinquents in the County of Northumberland, engaged in the late Insurrections and Invasion; and that the Committee of Sequestration in the County of Northumberland do take Care, and give Order, for the speedy Payment of the said Sum of One Hundred Pounds unto the said Mr. Allen, or his Assignee, accordingly; and that the Acquittance of the said Mr. Allen, or his Assignee, shall be a sufficient Warrant and Discharge to the said Committee of Sequestrations, their Treasurers and Solicitors, for Payment of the said Sum of One Hundred Pounds accordingly."

Ordinance for 50,000 l. for the Use of the Navy.

"Be it Ordained, by the Lords and Commons in Parliament assembled, That, for Supply of the pressing Occasions of the Navy, the Receipts of Fines and Compositions at Gouldsmiths Hall be hereby charged with the Sum of Fifty Thousand Pounds, to be paid in Course, after such Monies as are already charged on those Receipts be paid and satisfied; which said Fifty Thousand Pounds the Committee at Gouldsmiths Hall, their Treasurer or Treasurers, are hereby required to pay unto the Treasurer of the Navy, by Order of the Committee of Lords and Commons for the Navy and Customs, to be employed for carrying on the Affairs of the Navy: And this present Ordinance shall be (fn. 4) to the Treasurers of Gouldsmiths Hall, and all others whom it may concern, a sufficient Power and Authority to pay the said Sum unto the Treasurer of the Navy; and his Acquittance shall be a sufficient Discharge to the said Treasurers."

Order for 20 l. for Taylor, from Stafford.

"Ordered, by the Lords and Commons assembled in Parliament, That Mr. Tayler, the Messenger that brought the News of the good Success from Colonel Stone, Governor of Stafford, have the Sum of Twenty Pounds bestowed upon him, and paid unto him or his Assignee, by the Treasurers at Gouldsmiths Hall; and that the Acquittance of the said Mr. Tayler shall be a sufficient Warrant and Discharge to the Treasurers at Gouldsmiths Hall, for the Payment of the said Sum of Twenty Pounds accordingly."