Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 9 die Julii.
PRAYERS, by Mr. Taylor.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
The Earl of Warwicke reported from the Committee of both Kingdoms, as follows:
Col. Rossiter to have Power of Martial Law in Lincolnshire, and to displace Officers, &c.
"Die Lunæ, 7 Julii, 1645.
"At the Committee of both Kingdoms.
"Ordered, That it be recommended to both Houses, that Colonel Rosseter may have Power of Martial Law in Lyncolnshire, and of displacing of Officers according to the Rules of War."
Ordered, That this House approves of this Recommendation; and that an Ordinance be drawn up to this Purpose by the King's Counsel, and present the same to this House.
Ld. Maynard and Sir Rob. Banister.
Upon reading the Petition of Sir Rob't Banister; shewing, "That he being served with an Order of this House, to return his Answer to the Petition of the Lord Maynard, the 9th of this Instant, of which Petition he never had a Copy:"
It is Ordered, That he shall have a Copy of it, and return Answer within Ten Days after he hath received it.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:
That they agree to the Alterations in the Ordinance concerning the Bonds which have been taken for the releasing of the Captives of Algier. (Here enter it.)
2. That they have appointed their Committee to meet at Three a Clock; but that the said Committee should draw up an Instruction concerning Carlile, they will send an Answer by Messengers of their own.
French Minister to be received by the Committee for Foreign Affairs:
The Speaker acquainted the House, "That the Master of the Ceremonies informed him, that he had acquainted the French Agent with the Order of both Houses, concerning his Admittance; and he desires he may be received by the Committee of both Houses for Foreign Affairs."
Hereupon it is Ordered, That the Lords of that Committee do meet on Friday next, in the Afternoon; and to send to the House of Commons, that their Members of that Committee may meet likewise.
The Earl of Warwicke reported as follows:
Garnett to be Boatswain of The Leopard;
"Die Sabbati, 5 Julii, 1645.
"At the Committee of Lords and Commons for the Admiralty and Cinque Ports.
"On Certificate from the Commissioners of the Navy, of the Sufficiency and Fitness of John Garnett, to be Boatswain of The Leopard; Ordered, That the said John Garnett be presented to both Houses, for their approving him to that Place, that, thereupon their Approbation declared, he may be entered thereinto by Warrant from this Committee.
Fowler to be Muster-master of the Irish Squadron.
"On Recommendation from Mr. Thomas Smith; Ordered, That Mr. John Fowler be presented to both Houses of Parliament, for their approving him to be Muster-master of the Irish Squadron, that, upon their Approbation declared, he may be entered thereunto by Warrant from this Committee."
Ordered, That this House approves of this Report from the Committee; and that the Concurrence of the House of Commons be desired herein.
Declaration to The States General.
Next, the Declaration to be sent to The States of the United Provinces was read, and Agreed to.
(Here enter it.)
Message to the H. C. that the Lords agree to it; about Garnet and Fowler; and to remind, them of Askittle's Petition.
A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:
1. To acquaint them, that this House agrees to the Declaration which is to be sent to The States of the United Provinces, concerning Shipping.
2. To desire their Concurrence, that John Garnett may be made Boatswain of The Leopard.
3. To desire Concurrence, that Mr. John Fowler may be made Muster-master of the Irish Squadron.
4. To put them in Mind of the Petition of Askittle.
Appeal from the Court of Wards; Stapilton versus Boynton.
Ordered, That the Answer of the Lord Viscount Say & Seale, Master of the Court of Wards, &c. to the Petition of Mrs. Stapilton, shall be read on Saturday next; and then this House will give further Directions concerning that Business.
Reward to the Messenger from Sir T. Fairfax.
Ordered, That the Committee of Lords and Commons for Advance of Monies at Haberdashers Hall do forthwith pay, unto the Messenger that brought up the Colours from Sir Thomas Fairefax's Army, One Hundred Marks, as a Gift and Recompence from the Parliament.
Walsingham and Baker.
This Day the Counsel of Sir Tho. Walsingham were to make it appear, that Polhill is apparently descended to the Title of Moulton, and the proper Person that is grieved by the Decree, and who should desire the Reversal of the said Decree: To this Purpose, divers Witnesses were produced; but there being not a full Proof, the Counsel of Sir Tho. Walsingham desired some further Time, to make further Proof thereof:
And it is Ordered, That they shall have Time for this till Tuesday after Michaelmas next; and then the Deeds are to be perused, and the King's Counsel heard, if they shall desire it.
Paper from the Scots Commissioners, about supplying the Scots Army with Provisions, and sending down a Committee to them.
Next, a Letter was read, presented from the Scotch Commissioners from the Earl of Leven; and another Paper from the Scotch Commissioners was read; desiring, "That some Course may be taken, for (fn. 1) supplying that Army with Provisions, and that Committees may be sent down to reside in the Scotch Army."
Ordered, That these Letters be communicated to the House of Commons.
Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:
That they have appointed their Committee to meet on Friday, to give Audience to the French Agent; that they concur in the Business for Garnett and Fowler: As to the Petition of Askittle, they will send an Answer by Messengers of their own.
Message from the H. C. with an Ordinance.
A Message was brought from the House of Commons, by Mr. Whitlocke:
To desire Concurrence in an Ordinance for paying Four Hundred Pounds to the Garrison of Windsor, out of the Excise. (Here enter it.)
Read, and Agreed to.
The Answer returned was:
That their Lordships do agree to this Ordinance now brought up.
Message to the H. C. with the Paper from the Scots Commissioners.
A Message was sent to the House of Commons, by Sir Edw. Leech and Mr. Page:
To communicate to them the Letter and Paper now read, concerning the Supplies of the Scotch Army, and the sending Commissioners to reside in that Army.
Capt. Temple's Arrest.
Ordered, That the Parties that arrested Captain Temple shall appear before this House To-morrow Morning, at which Time this House will hear the Business.
Capt. Blyth's Arrest.
Upon reading the Petition of Captain Blyth; shewing, "That the State owes to him Four Hundred Pounds for his Arrears, and he is arrested at the Suit of Edward Harwicke:"
It is Ordered, That the Petitioner and the Party shall appear before this House To-morrow Morning; and then this House will consider further of the Business.
Col. Huddleston's Exchange for Dr. Bastwicke.
Upon reading the Petition of Doctor Bastwicke, in Behalf of Colonel Huddleston, "That he may be restored to his Liberty, being exchanged for the Petitioner; in the mean Time, that he may be in the Custody of the Petitioner, who will engage Body for Body, and Life for Life, for him:"
It is Ordered, To be communicated to the House of Commons; and desire their Concurrence therein.
Ramsey sent for, for printing some Parts of the King's Letters.
Upon Information to this House, "That some Particulars of the King's Letters are printed, contrary to the Command of the Houses:"
It is Ordered, That the Printer shall be sent for, to appear before this House To-morrow Morning, to answer the same.
Order for the Commissioners of Excise to repay themselves 400 l. advanced for Windsor Garrison.
"Whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of Four Hundred Pounds, for and towards the Relief of the Garrison of Windsor, under the Command of Colonel Whitchcott: Be it Ordained, by the Lords and Commons in Parliament assembled, That the said Commissioners of Excise, their Executors and Assigns, shall and may satisfy and reimburse themselves the said Four Hundred Pounds, together with Interest for the same, after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts as shall happen when other Payments already assigned upon the Office of Excise shall not happen to fall due, or, for Want of such Intervals, then as the same shall follow in Course; and shall not, by any other Order or Ordinance of One or both Houses of Parliament, be secluded from reimbursing themselves accordingly; and that the said Commissioners shall pay the said Four Hundred Pounds unto the said Colonel Whitchcott, for the Use of the said Garrison at Windsor, whose Receipt shall be their sufficient Discharge in that Behalf."
Ordinance concerning the Bonds taken for the Imposition of One per Cent. for releasing the Captives at Algiers.
"Whereas, by an Act made this present Parliament, intituled, "An Act for the Relief of the Captives taken by Turkish, Moorish, and other Pirates, and to prevent the taking of others in Time to come," a Subsidy of One per Cent. was imposed on all Goods and Merchandize exported out of, or imported into, this Kingdom of England, and Dominion of Wales, which was to be One Fifth Part more than the Customs and Subsidy of Tonnage and Poundage, according to the Book of Rates; since the passing of which Act, the House of Commons, by Order of the Tenth of March, 1641, for divers Reasons, did Order, That Bonds should be taken by the Collectors of that Duty, to stand to the Order of Parliament; and whereas both Houses of Parliament, intending to carry on that good Work, did, on the 24th of October, 1644, Order, That One Fourth Part of the Monies due by the said Bonds, being One Shilling in every Twenty Shillings Custom, should be paid by the respective Merchants of the City of London, having by their Petition set forth the great Inconveniency that might happen, as well in relation to the Advancement of the Work, as to the unequal Burthen that might rest upon the well-affected Merchants, in regard sundry Persons ill-disposed to that Work, and disaffected to the Parliament, did, during the Time of the said Act, make ill Use of the Favour of the Parliament, and did fraudulently make Entry of their Goods in the Names of insolvent and unknown Persons, by whom Bonds were likewise sealed, and, the Duty being now required, no such Persons appear, nor Monies can be collected for the carrying on of that Work; yet the said well-affected Merchants, being desirous that the Work might go on, are ready, not only, by Way of Advance, forthwith to pay in all such Monies as they themselves owe upon those Bonds, but likewise willing to discover the Fraud in those ill-affected Persons, and to use their best Endeavours to recover in the Monies due upon such Bonds, so as they might be enabled, by an Ordinance of Parliament for Continuance of that Duty of One Fourth per Cent. for another Year, to reimburse themselves, out of the One Moiety of the Collections of that Duty, or otherwise, all such Monies as they shall pay in and advance as aforesaid: It is therefore Ordained, by the Lords and Commons assembled in Parliament, That Samuell Avery Esquire Alderman of the City of London, Walter Pell, Robert Lowther, Rowland Wilson Senior, Thomas Hodges, Wm. Methold, Edmond Cason, Robert Abdy, Samuell Micho, Charles Snelling, Richard Legg, Thomas Rich, Jonathan Andrews, Nathaniell Wright, Richard Hill, Benjamine Dellannoy, Wm. Vincent, Henry Hunt, and Hugh Wood, or any Three of them, shall be a Committee, and have Power to receive from the Chamberlain of London, who is hereby required to deliver all such Bonds of Merchants heretofore taken for the satisfying of that Duty, by virtue of the said Order of the Tenth of March, 1641; and shall have further Power to receive all Monies due upon the said Bonds, from the several Merchants, according to the Rule following; that is to say, of all such Merchants that shall, before the 24th Day of July next, voluntarily pay in the One Fourth Part of the One per Cent. in Obedience to the Ordinance of the 24th of October, 1644, upon their said Bonds, they shall accept thereof, and deliver up their Bonds cancelled to the respective Merchants; but of all others which shall refuse to accept of the Benefit of this Ordinance, and to pay in their Monies on their Bonds by the Day prescribed, or any others that they shall discover fraudulently to have made their Entries in unknown Names, to elude the Ordinance of Parliament, they shall have Power to require and receive the whole Duty of One per Cent. or the whole Penalty of the said Bonds, as they shall think fit; and if any shall refuse, upon Demand, to make such Payment, then to levy the same by Distress upon the Goods and Estates of such Persons, and the same to sell and dispose of for the Satisfaction of the said Bonds; and the Overplus, if any shall be, to return it to the Parties so refusing; and, for the better Execution of this Service, they shall have Power to send for Parties, Witnesses other than Peers, Papers, and Records, at a certain Time and Place, where they shall constantly fit.
"And it is further Ordained, That, after the Sum of Ten Thousand Pounds shall be raised and collected upon the said Bonds, for carrying on the said Work, such Merchants as shall, on or before the said 24th Day of July, pay in their said Monies in Obedience to this Ordinance, shall be re-paid the same, out of the Surplus of such Monies as shall arise upon the said Bonds, in Turn as they did pay in their Monies; and what Part shall be wanting for the full Reimbursement of every particular Merchant, shall be paid out of the One Moiety of the Receipts that shall be collected in the Port of London, on an Ordinance of Parliament passed this present Day, for the Continuance of the said Duty of One Fourth of One per Cent. from the Tenth of December next inclusive: Provided, if any Merchant shall not pay in the Money due by his Bonds on or before the 24th of July as aforesaid, (fn. 2) he shall not enjoy the Benefit of this Clause, or any Thing in this Ordinance contained.
"And it is further Ordained, That this Committee shall have Power to appoint a Treasurer, to receive and issue out all such Monies as shall be collected on the said Bonds, as he shall receive Order from Time to Time from the Committee of the Navy appointed by Parliament, which shall be to him a sufficient Discharge; and to employ such other Person or Persons in the Execution of this Service, and to give such Reward for their Care and Pains, as to them, with the Approbation of the Committee of the Navy, shall be thought fit.
"Lastly it is Ordained, That if, after the said 24th Day of July, any Person or Persons shall be discovered eluding of the said Ordinance of Parliament for the Payment of that Duty, to have made fraudulent Entries, and to cause Bonds to be given in the Names of unknown or insolvent Persons, such Persons so discovered shall be liable to the Penalty of the said Bonds, and to such further Punishment as shall be thought fit by Parliament to be due to Offences of that Nature; One Moiety of the said Fine and Penalty shall be to such Person or Persons that shall make such Discovery, and the other Moiety to the State, to be employed to and for the Redemption of the said distressed Captives; and the Committee of the Navy are to take Care for the putting this Ordinance in Execution, and to give such further Instructions from Time to Time as shall be needful for the better carrying on of this Service."
House adjourned till 9a cras.