Journal of the House of Lords: Volume 8, 1645-1647. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 22 die Januarii.
PRAYERS, by Mr. Dury.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Comes (fn. 1) Warr.
Viscount Say & Seale.
Ds. Howard de Escr.
Colonel Thompson and Mrs. Robinson, &c.
Upon reading the Petition of Colonel Thompson; shewing, "That he is arrested, contrary to the Protection of this House of the 23th of October last, at the Suit of Mrs. Robinson, by Serjeants who knew he had a Protection from this House."
And also the Petition of Mrs. Robinson was read; shewing, "That though the said Colonel Thompson hath received some Part of his Arrears, yet he refuses to pay her a Debt of Forty-six Pounds."
It is Ordered, That the said Colonel Thompson be released; and that he, and Mrs. Robinson and the Serjeants shall attend this House To-morrow Morning.
Message from the H. C. with an Ordinance about the Great Seal;
A Message was brought from the House of Commons, by Denzell Holles Esquire:
That they have drawn up an Ordinance concerning the Great Seal of England, in Pursuance of a Vote sent down to them.
for the Commissioners to be sworn;
2. To desire that the Commissioners of the Great Seal may be speedily sworn, in the Presence of both Houses.
Agreed to be sworn.
for Judges to be appointed;
3. To desire to appoint a Committee, to consider of filling the Places of the Judges in the Courts of Westm. Hall that are wanting; and the House of Commons will appoint a proportionable Committee to join with them.
and Circuits settled;
4. That the Commissioners of the Great Seal of England do consider of and present the Names of the Judges that are to go the several Circuits of this Kingdom this next Vacation unto both Houses, for their Approbation.
5. That there shall be Circuits, as formerly hath been used, through the Kingdom of England, and Dominion of Wales.
and with Orders.
6. An Order for a Commission to issue to the Judges, to hear Causes in Chancery, in the Absence of the Commissioners. (Here enter it.)
7. An Order for Two Hundred Ninety-four Pounds to be paid to Mr. Smyth, out of the Sequestrations at Guildhall, London. (Here enter it.)
Commissioners of the Great Seal to be sworn.
Ordered, That the Commissioners of the Great Seal shall be sworn this Afternoon, at Three of the Clock, in the Presence of both Houses.
Committee to meet with Out of the H. C. to consider of Persons fit to be Judges.
The House nominated these Lords following, to join with a proportionable Number of the House of Commons, to consider of the filling the Places of the Judges in the Courts of Westm. Hall that are wanting:
L. Viscount Say & Seale.
Any Five to meet on Monday next, at Three of the Clock in the Afternoon, in the Painted Chamber; and to adjourn themselves afterwards from Time to Time as they shall think fit.
Commissioners to hear Causes in Chancery.
Ordered, That Mr. Edwin Rich and Mr. Wm. Hakewill shall be added and put into the Commission for hearing the Causes in Chancery; and the Concurrence of the House of Commons to be desired herein.
The Answer returned was:
Answer to the H. C.
That this House agrees to all the Votes, Orders, and Ordinances, now brought up.
Upon reading the Petition of Thomas Geere: It is Ordered, That it be sent to the House of Commons, with a Desire that it may (fn. 2) be referred to the Consideration of the Committee of Lords and Commons for Sequestrations.
Col. Thompson to satisfy his Creditors.
Ordered, That a Habeas Corpus shall be issued out, for the bringing Colonel Thompson before this House on Tuesday next, Corpus cum Causa; and that he shall assign over his Arrears to his Creditors, for their Satisfaction of such Debts as are justly due to them. And,
Upon reading the Petition of Michaell Baker: It is Ordered, That he shall have allowed him the Privilege of this House, as a Servant attending this House under the Gentleman Usher attending this House.
Upon reading the Petition of James Love: It is Ordered, To be sent down to the House of Commons, that it may be referred to the Consideration of the Committee of Lords and Commons for Sequestratrations.
Ordinance concerning the Plantations in America.
Next, the Ordinance for the Foreign Plantations was read, with the Alterations as came from the House of Commons, and Agreed to with those Alterations. (Here enter it.)
Ordered, That this Ordinance shall be printed and published.
Ordinance for Ministers at Bath.
Next, an Ordinance for providing and settling a competent Maintenance for Two godly preaching Ministers in the City of Bath, was brought in, and read Twice; and Ordered to be committed to that Committee as was appointed for the Free School in Cardiganshire.
Ordered, That this House will hear further the Counsel between Mrs. Stapilton and the Court of Wards and Liveries, the next Tuesday after the next Term; whereof all Parties are to have Notice hereof.
Ordinance to disable Watkins and Castle, Clerks of the Privy Seal.
An Ordinance was brought in, for disabling such Clerks of the Privy Seal as have deserted the Parliament; and read Twice, and Ordered to be referred to these Lords Committees following, to call before them the Persons therein mentioned, and hear what they can say for themselves:
L. Viscount Say & Seale.
Paul's Ordinance to be Vicar of Berkley.
An Ordinance was brought in, for making of Mr. Nic. Paul to be Vicar of Berkeley, in the County of Gloucester; and read Twice, and the Third Time; and it was Agreed to, and Ordered to be sent down to the House of Commons for their Concurrence.
L. Baltimore's Cause concerning Maryland.
Ordered, That the Cause of the Lord Baltimore shall be heard the 23th of February next; and that the Examination of Witnesses taken in the Admiralty concerning the Business of Maryland be read, and allowed at the Hearing of the Lord Baltimore in the Lords House; and that Tho. Stagg and James Baldridge, and Captain Francis Pott, be commanded to attend this House, as Witnesses, the 28th of February, being the Day of Hearing.
Ordinance concerning the Plantations in America.
Whereas the several Plantations in Virginia, Bermudas, Barbados, and other Places of America, have been much beneficial to this Kingdom, by the Increase of Navigation; and the Customs, arising of the Commodities of the Growth of these Plantations imported into this Kingdom, have been and are beneficial, that all such as have traded there (for their better Encouragement) have used to transport from hence thither Merchandize, Goods, and Necessaries, for the better carrying on of the said Plantations, without paying any Custom for any Goods so exported from hence thither: The Lords and Commons assembled in Parliament, for the better Advancement of the said Plantations, and Encouragement of the Adventurers to the same, have Ordained, and be it Ordained by the said Lords and Commons, That all Merchandizes, Goods, and Necessaries, which shall be for the Supportation, Use, and Expence, of the said several Plantations, shall or may be exported thither, from this Kingdom, by any of the Subjects thereof, without paying or yielding any Custom, Subsidy, Taxation, Imposition, or other Duty, for the same, the Duty of Excise excepted, during the Space of Three Years, except unto the Plantations in Newfoundland: Provided, That from Time to Time, as any such Merchandize and Goods be endeavoured to be exported for the Use aforesaid, Security be first given to the Commissioners and Officers of the Customs where such Goods shall be laden, that the said Merchandizes and Goods, so to be exported by virtue of this Ordinance, shall be really transported to the said Foreign Plantations, and to no other Place, and there to be employed for the only Use of the Plantations; and that Certificates shall be returned from thence, within One Year after the Landing thereof, of the Ship's Arrival and Discharge in the said Foreign Plantations.
And for that there is great Want of Servants in-the said Plantations, as well for the raising of Commodities apt to be produced there, as for Defence of themselves from being made a Prey to the Natives or Foreign Enemies; be it further Ordained, by the said Lords and Commons, That it shall be lawful for any Person or Persons, Subjects of this Kingdom, to entertain and transport from hence, into the said several Plantations, such Persons, being fit to serve or advance the Trade there, as shall be willing to serve or be employed in the said several Foreign Plantations: Provided, That the Names of all such Persons, so to be transported to serve in the said Plantations, be first registered in the Custom-house; and that neither Force be used to take up any such Servants, nor any Apprentices enticed to desert their Masters, nor any Children under Age admitted without express Consent of their Parents: And Provided also, That Certificate within One Year be returned, from the Governor or other Chief Officer of such Plantation where such Persons shall be put on Shore, of the Arrival of the said Persons there, that no Fraud be used to carry any such Persons to any other Place.
Provided always, That none of the said Plantations do suffer or permit any Ship, Bark, or Vessel, to take in any Goods of the Growth of the said Plantations from any of their Ports, and carry them to any Foreign Parts and Places, except in English Bottoms: And in case any of the said Plantations shall offend herein, then the Plantation so offending shall be excluded from the Benefit of this Ordinance, and shall pay Custom as other Merchants do to France, Spaine, Holland, and other Foreign Parts."
House adjourned till 10a, Monday next.
Book and Webbin Error
Ordered, That the Errors in the Writ of Error between Broole, &c Plaintiffs, and Webb, &c Defen dants, shall be ugued, at this Bar, by Counsel on both Sides, on the 13 Feb next
Ordered, That the House of Commons be put in Mind of Mr Jeremy Becke, of Norff being sequestered in Lynn at the Time it was taken by the Earl of Man chester, contrary to the Articles made at the Surrender thereof, and the Lords having sent down an Ordinance to the House of Commons to clear him of that Delinquency, and free him of his Sequestration
Steward and De Franch.
The Question being put, "Whether the Protec tion granted to Captain Walter Stewart shall be continued till Tuesday next?"
It was Resolved in the Negative
Ordered, That this House will take the Report of the Judges into Consideration, concerning Mr Stewart's Business, on Monday next, and that the Counsel on both Sides shall be heard, if it be desired
Speakers sworn as Commissioners of the Great Seal
This Day Edward Earl of Manchester Speaker of the House of Peers, and Wm Lenthall Esquire Speaker of the House of Commons, were sworn in this House, in the Presence of the House of Commons, Commissioners of the Great Seal of England, and had these Oaths following administered to them, in the same Manner as formerly
1. The Oath for due Execution of the Place
2 The Oath of Supremacy
3 The Oath of Allegiance
4 The Oath enjoined by the Act for the Triennral Parliament
House adjourned till 10a cras.