Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Saturni, 28 die Augusti.
PRAYERS, by Mr. Sallawey.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Declaration concerning the Excise.
The Declaration concerning the Excise, brought Yesterday from the House of Commons, was read, and Agreed to. (Here enter it.)
Ordered, That this Declaration shall be printed and published.
Mountague's Liberty prolonged.
Ordered, That Mr. Walter Mountague shall have his Liberty for Three Months longer, for his Health, upon the same Bail as formerly he entered into; and the Concurrence of the House of Commons to be desired herein.
And a Message was sent to the House of Commons, by Mr. Page and Doctor Aylett.
Message from the H. C. with Ordinances.
A Message was brought from the House of Commons, by Mr. Knightly, &c.
To desire Concurrence in these Particulars:
1. An Ordinance for a Collection for the poor Irish Protestants, on the Thanksgiving-days. (Here enter it.)
2. An Order for One Hundred Marks to be bestowed upon Captain Thelwall and Captain Peirce.
(Here enter it.)
The Answer returned was:
That this House agrees to all the Particulars now brought up.
Tuckington Inhabitants to have their Chapel.
Upon reading the humble Petition of the Inhabitants of Tuckington: (Here enter it.)
It is Ordered, They shall enjoy their Old Chapel, as formerly they did; and the Profits of the Vicarage of Tuckington to be paid and enjoyed by the Minister that shall officiate in the said Cure.
E. of Holland to have Possession of Windsor Great Park.
Ordered, That the Sheriff of the County of Berks shall put into Execution the Order of this House, of the 23 June last, for putting the Earl of Holland into quiet Possession of the Great Park and Lodge at Windsor, without further Delay.
Order for Money to Capt. Thelwal and Piers, for bringing up Hamilton.
"Resolved, by the Lords and Commons assembled in Parliament, That the Sum of One Hundred Marks be bestowed upon Captain Thelvall and Captain Piers, that brought up Mr. Alexand'r Hamilton Prisoner, Forty Pounds to Captain Thelvall, and the Remainder to Captain Piers; and that the Lords and Commons for Advance of Monies at Habberdash'rs Hall do issue out and pay the said Monies to the said Captain Thelvall and Captain Piers accordingly."
Tuckington Inhabitants Petition, for the Use of their Chapel.
"To the Most High Court, the Lords assembled in Parliament.
The humble Petition of the Inhabitants of Tuckington, in the County of Southampton;
"That whereas your Lordships Petitioners are situate in Tuckington aforesaid, which is within the Parish and Hundred of Wherwell, which said Parish Church of Wherwell is distant from your Petitioners some Four Miles and upwards; by reason whereof, your Lordships Petitioners and their Ancestors have long sithence had the Conveniency of a Chapel of Ease, which hath been very convenient to your said Petitioners: And whereas it hath lately been ordered, by the Committee of plundered Ministers, That your Petitioners should be joined to the Parish of Whitechurch, which said Parish lieth in another Hundred:
"The Premises considered, your Petitioners humbly desire your Lordships, that you will be pleased to grant them the Use of their Ancient Chapel.
"And your Petitioners, as in Duty bound, shall daily pray, &c.
Declaration for the due Payment of the Excise.
The Lords and Commons in Parliament assembled, by the late taking off the Excise wholly from Flesh, and discharging all Salt made in this Kingdom from Payment of Excise, were confident they had given so full a Testimony to the whole Kingdom of their Readiness to ease all People, so far as might stand with the Purport of the Public, that they expected that all Persons would have with Patience attended the Time of the Parliament for the Removal of the rest, and in the Interim have duly paid the several Duties of Excise upon all other Commodities, and submitted unto all Ordinances of Parliament in that Behalf: But being daily informed of the general Opposition which (fn. 1) is made against the Collections of those Duties of the Excise which they have thought fit for some Time to continue, and the many Violences, Injuries, and Abuses, that are offered to the Commissioners, Sub-commissioners, and other Officers and Receivers thereof, in many Cities, Towns, Counties, and Places, of the Kingdom: The said Lords and Commons do therefore hereby declare, That, as they have not taken off any Part of the Excise, but only from Flesh and Salt made in the Kingdom as aforesaid; so they cannot yet, in respect of the great Debt and many Payments for which these continued Receipts of the Excise are engaged and designed, neither in Justice or Honour, nor with the Safety of the Kingdom, surcease the rest; but must expect, and if they be put unto it must require, Obedience and Conformity, from all Persons whatsoever, unto the due Payment of all and every of them, according to the Ordinances of Parliament in that Behalf made. What Causes did enforce the Parliament at first to resolve upon this Imposition, and for what Reasons they are necessitated to continue the same, are fully set down in the Declaration of both Houses of Parliament, of the 22th of February, 1646, upon Occasion of the Tumults and great Riots which then lately before had happened, and were primely fomented in several Parts of the Kingdom against the Receipts of the Excise: And the same Necessity for Continuance thereof lying still upon the Parliament, and the Tumults and Riots in Opposition thereunto rather being increased than suppressed; the said Lords and Commons cannot but deeply resent the great Neglect of the Authority of Parliament amongst the People; and, if they shall continue in this Obstinacy, shall be enforced upon such Remedies as shall speedily bring the Contemners thereof unto condign and exemplary Punishment: But they do hope all well-affected Persons will, after Publication of this present Declaration, and upon Review of the said Declaration of the 22th of February, 1646, beforementioned, which therefore they have ordered to be re-printed and published herewith, be so sensible of their own past Miscarriages, and so fully satisfied of the Parliament's Intentions in the Continuance of these Receipts, that they will presently conform unto the Payment of all Duties of Excise due or payable by all and every of them, according to the Ordinances of Parliament, and not divert the Parliament from those great Affairs for the Settlement of the Peace of the whole Kingdom upon which they are at present engaged, by enforcing them to such Course for vindicating the Authority of their Ordinances, as must needs hinder the Parliament in this great Work, but will also be severely accounted for, with the Causes thereof: For, as this Duty is by Experience found to be the most easy and equal Way, both in relation to the People and to the Public, so the Lords and Commons are resolved, through all Opposition whatsoever, to insist upon the due Collection thereof. But when it shall please God to enable them to settle the Peace of the Kingdom, and to overcome the Engagements and Occasions thereof in some good Measure, they do hereby again declare, That they will then make it appear to the whole World, how much more ready they are to ease the People of this Charge, than they ever could be willing to impose the same.
"And for the speedy Re-establishing of this Receipt according to the Ordinances of Parliament, or the more vigorous carrying on thereof, the said Lords and Commons do hereby require and enjoin the Commissioners of Excise, their Sub-commissioners, Collectors, and Officers, forthwith to apply themselves, in all Parts throughout the Kingdom, to the due Collection of the Excise by the several Ordinances continued; wherein as they are hereby required to provide, as far as conveniently may be, for the Ease of the People, in their Repair and Travel unto such Places as they shall through every Hundred or Wapentake appoint for the bringing in of this Duty, so, in case of Neglect of Appearance, all Persons are to take Notice, that, if any further Charge or Trouble befal them, it ariseth from their own Default, and so must expect no other Relief, but to be proceeded against according to the Ordinances of Parliament; in the due and vigorous Execution whereof, if any Tumults, Riots, and other Opposition, shall be hereafter attempted or acted against the said Commissioners of Excise, their Sub-commissioners, Collectors, Officers, or others in their Aid and Assistance, it is hereby further Ordained, That all Sheriffs, Justices of the Peace, Deputy Lieutenants, Mayors, Bailiffs, Constables, Headboroughs, and all other His Majesty's Officers, in their several Counties, Liberties, and Jurisdictions, are also hereby strictly enjoined to be aiding and assisting in the Collections of the Excise, and suppressing of all Tumults and Riots raised in Opposition thereunto, according to the several Ordinances of Parliament in that Behalf made, as they and every of them will answer the contrary at their utmost Peril.
"And Sir Thomas Fairefax, General of the whole Forces of the Kingdom, is hereby desired to order and enjoin all Colonels, Captains, Officers, and Soldiers, under his Command, upon Application made to them, speedily to suppress all such Tumults, Riots, and unlawful Assemblies, and to apprehend all such Rioters and tumultuous Persons, that they may be proceeded against according to Law.
"And forasmuch as such as are disaffected to the Service of the Public have and do give out, as if the Charge of the Collection of the Excise were so great, as that Half the Receipt and Income were consumed upon Officers; the said Lords and Commons do hereby declare, That, upon an exact Examination, it doth clearly appear unto the Parliament, and they are well satisfied (whereof they assure the Kingdom), that, until these late Obstructions and Oppositions, the Charge in collecting the Excise hath never amounted upon the whole Receipt to full Two Shillings upon every Twenty-Shillings received.
"And that the whole Kingdom may be fully possessed of what great Service the Receipts of the Excise have been to the Commonwealth, the said Lords and Commons do hereby declare, That, towards the Relief of Ireland, Satisfaction of their Brethren of Scotland, Maintenance of their Navy, and several Armies and Garrisons which they were necessitated to raise and keep up in divers Parts of the Kingdom, for the Preservation thereof, and in disbanding and discharging of several Armies, Forces, and Garrisons, and for the Relief of wounded and maimed Soldiers, and the Widows and Children of such as have lost their Lives in the Service of the Commonwealth, and for other necessary Occasions for the Defence of the Parliament and Kingdom, there hath been clearly received and convented to these Public Services only, and to no Private Use whatsoever, the Sum of One Million Three Hundred Thirty-four Thousand Five Hundred Thirty-two Pounds, Ten Shillings, and Eleven Pence Halfpenny; and, by the Credit of this Receipt, there hath been taken up, and stands assigned, divers very great Sums of Money; all which must be discharged before this Receipt can in Justice or Honour be laid down; and, if the Kingdom do duly submit unto the Payment of the Excise, will in short Time be very well overcome and paid off. And from hence it will be clearly apparent of what great Benefit the same hath been to the Kingdom, and Ease also to the People, of whom these great Sums must otherwise necessarily have been raised, although with much Difficulty and (fn. 2) Inconveniency, and in a far more burthensome Manner.
"And lastly the said Lords and Commons do hereby Ordain and Declare, That as well the said Commissioners of Excise, their Sub-commissioners, and Under Officers, as all other Persons whatsoever, who shall be aiding and assisting to them, or any of them, in the executing of the Ordinances of Parliament for Collection of the Excise, shall be defended, and saved harmless, and indemnified, by Authority of both Houses of Parliament; and in case any Person or Persons whatsoever shall be sued, indicted, prosecuted, or molested, for any Act or Acts, Thing or Things, done in Pursuance of this Declaration, or any other Declaration or Ordinance of Parliament, touching Excise: It is hereby Declared and Ordained, That, in every Action, Suit, Indictment, Information, or Prosecution whatsoever, wherein or whereby they are or shall be so sued, indicted, prosecuted, or molested, as aforesaid, it shall be lawful to and for all Persons, their Heirs, Executors, and Administrators, to plead the general Issue, and to give this or any other Ordinance of Parliament for Excise in Evidence, in any of His Majesty's Courts of Justice, or other Courts: And the Judges of all the said Courts are hereby strictly required and enjoined to allow and admit of the same accordingly."
Ordinance for a general Collection on the Thanksgiving-day, for the poor Irish Protestants in and near London.
"The Lords and Commons assembled in Parliament, taking into Consideration the (fn. 3) sad and miserable Condition of divers distressed Protestants, who have been stripped of their Estates, and (fn. 4) forced to fly from the Kingdom of Ireland, by those barbarous and bloody Rebels, and do now remain about the Cities of London and Westm'r and Places adjacent mentioned in the Weekly Bills of Mortality, do order and ordain, and be it hereby Ordered and Ordained, That there be, upon Tuesday the last of this present August, being the Day of Public Thanksgiving for God's great Goodness, in giving so glorious a Victory over the bloody Rebels, by the Forces under the Command of Colonel Michaell Jones, in the Province of Lymster, in the Kingdom of Ireland, a Collection for the Relief of the said distressed Protestants, in all Churches and Chapels, within the Cities of London and Westm'r, and Places adjacent mentioned in the Weekly Bills of Mortality; and the Monies so collected are to be paid in, by the several Churchwardens or Collectors, unto Mr. John Pocock, William Greenhill, John Randall, and Hutinson, Treasurers at Christ Church, London: And it is further Ordered and Ordained, by the Authority aforesaid, That there be a Collection in all other Churches and Chapels, within the Kingdom of England and Dominion of Wales, upon Tuesday Sevennight next following, being the Day of Public Thanksgiving for the Blessing aforesaid; and the Monies so collected are to be paid in to the Sheriffs of every County respectively, who are speedily to pay in the same unto the Treasurers abovementioned, and are to receive an Acquittance from the said Treasurers, signed under their Hands, or the Hands of any Two of them; and the said Treasurers are to issue out the Money to such distressed Protestants, and in such Sums, as they shall receive Warrant for from such Committee as shall be appointed by both Houses of Parliament; and especial Care is to be taken, that such only have Warrants granted, who are real Protestants, and have constantly opposed the horrid Rebellion, who are to have Certificate or Certificates of their Quality and Losses, under the Hands of Three Persons of good Quality at the least, who have had Public Employment under the Parliament within the Kingdom of Ireland: And it is likewise Ordered and Ordained, That such Warrant, with an Acquittance under the Hand of the Party or his or her Assigns that receive any Sum, shall be a sufficient Discharge to the Treasurers, for any such Sum so paid and received: And lastly it is Ordained, That the Lord-Mayor of the City of London and the Sheriffs of London and Midd. do send to each Church and Chapel, within the Cities of London and Westm'r and Parts adjacent, expressed in the Weekly Bills of Mortality, One printed Copy of this Ordinance; and the Knights and Burgesses serving in Parliament shall send into their respective Counties, within the Kingdom of England and Dominion of Wales, such Number of printed Copies, to the Sheriffs of their Counties, as shall be sufficient for every Church and Chapel, who is to dispose them to every Church and Chapel; and the Ministers of every Church and Chapel are to publish, or cause to be published, this Ordinance in the Church or Chapel on the said Days, and are to exhort the People to contribute hereunto: And in case this Ordinance be not timely brought to any Minister, so that it may be published as abovesaid, then shall the Minister, the next Lord's-day after the Receipt of it, publish, or cause to be published the same, in the Church or Chapel, and exhort the People to contribute to this so pious and charitable Work."
House adjourned till 10a, Wednesday next.