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 Jovis, 30 die Septembris.
PRAYERS, by Mr. Ash.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Answer from the H. C.
Doctor Aylett and Doctor Heath return with this Answer from the House of Commons:
That they agree to the Ordinance, with the Alteration, for preventing Printing of Pamphlets, &c.
(Here enter it.)
Mabbot to license the Weekly Papers.
Ordered, That Gilbert Mabbett is hereby appointed to be Licencer of such Weekly Pamphlets as shall be printed.
Warner, Lord Mayor of London Elect, presented for Approbation.
This Day the Aldermen and Common Council of the City of London presented to this house (fn. 1) the new lord Mayor elect: And Mr. Proby, One of the City Counsellors, made a (fn. 2) Speech, to this Effect:
"That the Citizens of London, by divers Ancient Charters, have Liberty of themselves to chuse Yearly a Mayor for themselves; and it is not their least Comfort that they have Freedom to chuse their own Governor. They have now made Choice of Mr. John Warner, to be their Mayor for the Year ensuing, who (fn. 1) is a Person well known in the City, a Man full of Integrity and Faithfulness, and qualified according to their Charters. And it hath been the Custom, upon the chusing of their new Mayor, to present to the King, or in His Absence to the Lord Keeper, for Approbation. And seeing the King is absent, and there being no Lord Keeper at this Time, the City make their Application to this High and Honourable House, as the Highest Court of Judicature in this Kingdom; and humbly pray the Approbation of this House for Mr. John Warner."
And further he said, "That an Ordinance of Parliament was made, the 27th of this Instant (fn. 3) September, appointing the Lord Mayor now chosen presently to act, till the 29th of October, or until Sir John Gayer Knight, being accused of High Treason, be sentenced or acquitted: They humbly desire Directions from this House, for swearing the said Mr. John Warner, both in the Exchequer and in the City of London, according to the usual Manner."
Then the Aldermen and other Citizens (fn. 4) withdrew.
And the House, upon Consideration of the whole Business, ordered them to be called in again; and that the Speaker should return them this Answer to their Desires; videlicet,
The Lords in Parliament have commanded me, in their Names, to declare unto you, That they do well approve and confirm the Choice of Alderman John Warner, to be Lord Mayor Elect of the City of London: And their Experience of his great Fidelity to the King, Parliament, and Kingdom, and the Confidence they have of his Abilities for the Discharge of so high a Trust, gives them a just Occasion to be glad that such an eminent Stamp of Authority is so fitly placed.
"I am commanded further, by the Lords, to return Thanks to the Court of Aldermen, and to the City of London, for the orderly, chearful, and ready Observance of that Ordinance of the 27th Instant; and they have ordered, that he shall be sworn, both in the Exchequer and in the City, according to your Desire."
Order for him to be sworn.
The Lords in Parliament, well approving of the Election of John Warner, Alderman, to be Lord Mayor of the City of London for the Year ensuing, do order, That the Barons of the Exchequer, or any One or more of them, shall give unto the said Lord Mayor Elect such Oath as hath been accustomed to be given to the Lord Mayor of London, in the Court of Exchequer; and that the Court of Aldermen of the said City shall likewise administer unto him the (fn. 5) Oath usually given to the Lord Mayor of London, according to their usual Manner; to enable him to execute the Place of Mayor, to all Intents and Purposes, in Pursuance of an Ordinance of Parliament, bearing Date the 27th of this Instant September, 1647.
Message from the H. C. about a further Application to the King;— with an Ordinance;—for the Members of the Committee of both Kingdoms to meet;—and to sit To-morrow, &c.
A Message was brought from the House of Commons, by Sir Rob't Pye Knight; who brought up divers Particulars, wherein they desire their Lordships Concurrence:
1. Resolved, That the Houses will Once again make Application to the King, for those Things which the Houses shall judge necessary for the Welfare and Safety of the Kingdom.
2. An Ordinance for securing to the Treasurers for the Army Thirty Thousand Pounds, advanced by them.
(Here enter it.)
3. To desire that the Members of the Houses that are of the Committee of both Kingdoms may meet this Afternoon.
4. To desire their Lordships would please to sit Tomorrow, Saturday and Monday next.
Agreed to sit.
The Answer returned was:
That this House agrees to the Vote and the Ordinance now brought up: That this House intends to sit Tomorrow, Saturday, and Monday next; and that the Lords have appointed some of their Members to meet this Afternoon, at Derby House.
Propositions for Peace.
Ordered, That this House will fall upon the Propositions To-morrow Morning.
Vote for a further Application to be made to the King, to be communicated to the Scots Commissioners.
Ordered, That the Vote brought up this Day from the House of Commons, concerning making further Application to the King, be communicated to the Scotts Commissioners, and these Lords following are appointed to draw up what is fit further to acquaint them withal:
L. Viscount Say & Seale.
Any Two; to meet when they please.
Smith and Davis.
Ordered, That the Cause of Solomon Smyth shall be heard this Day Sevennight.
Col. Rainsborough's Order.
The Ordinance for paying One Thousand Pounds to Colonel Thomas Raynsborough, was read, and Agreed to.
(Here enter it.)
Ordinance to secure 30,000 l. to the Treasurers at War, advanced by them; and to continue to them the usual Allowances.
"Whereas, by an Ordinance of Parliament of the Three and Twentieth of June last past, intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for the raising of Money, to be employed towards the Maintenance of Forces within this Kingdom, under the Command of Sir Thomas Fairefax Knight, and for the speedy Transporting and Paying the Forces, for the carrying on of the War of Ireland, the Monthly Sum of Sixty Thousand Pounds is assessed," or to be forthwith assessed, on the respective Counties, Cities, and Places therein mentioned, within the Kingdom of England and Dominion of Wales, to continue for Twelve Months, from the Five and Twentieth of March, 1647, until the Five and Twentieth of March, 1648; and whereas, by another Ordinance of Parliament, bearing Date the 23th of September, 1647, Sir John Wollaston Knight, Thomas Adams, John Warner, Thomas Andrews, and George Witham, Aldermen of the City of London, Francis Allein and John Dethicke Esquires, are appointed and ordained Treasurers at Wars, for the receiving and issuing forth of all the Money assessed, or to be assessed, levied, and paid, by virtue of the said Ordinance of the 23th of June and 23th of September, 1647, for the Purposes, and according to the Directions, therein expressed: And forasmuch as that the said Monthly Assessment cannot be so soon levied, and paid into the Treasury at Guildhall, London, as the present Service of the Public doth require, and that it is necessary, for the Furtherance of the Service both of England and Ireland, that the Sum of Eighty Thousand Pounds be forthwith borrowed, whereof the said Sir John Wollaston Knight, John Warner, Thomas Andrews, and George Witham, Aldermen, Francis Allein and John Dethicke Esquires, now Treasurers at Wars, have, in order to the Public Service, proportionably undertaken forthwith to advance, by Way of Loan, the Sum of Thirty Thousand Pounds: For the securing and reimbursing of the said Thirty Thousand Pounds, be it Ordained, and it is hereby Ordained, by the Lords and Commons assembled in Parliament, That the respective Sums of Five Thousand Pounds, by each of the said Treasurers advanced as aforesaid, to make up the Sum of Thirty Thousand Pounds, with the Interest thereof, after the Rate of Eight Pounds per Centum, from the Time of the Lending thereof, to the Times of the Re-payment thereof, to the several Lenders of the same, their Executors, or Administrators, or such other Person or Persons to whom the said Lenders, their Executors, and Administrators, shall, under their respective Hands in Writing, appoint the same or any Part thereof to be paid, shall be reimbursed and paid proportionably to each Lender, or to his or their Executors or Assigns, according to the Sum they have respectively advanced, in Manner and Form following; videlicet, Twenty Thousand Pounds, with the Interest thereof, at One entire Payment, out of the First Money to be taxed, levied, and paid, for the Collection of the Third Month, by virtue of the said former Ordinance of the Three and Twentieth of June; the other Ten Thousand Pounds, with the Interest thereof, at One entire Payment, out of the First Monies taxed, or to be taxed, levied, and paid, for the Fourth Month Collection, by virtue of the said former Ordinance; the said several Sums of Twenty Thousand Pounds and Ten Thousand Pounds, with the Interest thereof, to be by the said Treasurers reimbursed and paid each to other, out of the First Money to be received in or for the said several and respective Third and Fourth Months Collection, by Force of the said recited Ordinance of the Three and Twentieth of September, 1647: And in case there be not sufficient rased out out of the Third and Fourth Months Levy, Tax, or Receipt, that then the said Treasurers shall have Power, and they are hereby enjoined and required, to reimburse and pay the said Thirty Thousand Pounds, with Interest as aforesaid, or the Remainder thereof, to each other respectively, or his or their Assigns as aforesaid, out of such other Sums of Money as shall be taxed, levied, and paid, by virtue of the said Ordinance of Three and Twentieth of June last, which shall first come to their Hands: And if there shall be a Failure of the Payment of the said Thirty Thousand Pounds, with Interest thereof at the Rate aforesaid, or any Part of the same, out of the said Monthly Collections hereby appointed for the Payment thereof, it is hereby Ordained, That so much thereof as shall be unpaid, out of such other Receipts as shall be in the Power of both Houses of Parliament to dispose of, or by some other Ways or Means to be provided for by both Houses of Parliament, who do hereby undertake the Provision thereof accordingly.
"And it is further Ordained, That the said Sir John Wollaston Knight, John Warner, Thomas Andrewes, and George Witham, Aldermen, Francis Allein, and John Dethicke Esquires, are from henceforth continued Treasurers at Wars, to all Intents and Purposes, as are expressed and ordained in the fore recited Ordinance of the Three and Twentieth of September Instant; and are to receive all such Allowances as are therein expressed, as also Three Pence per Pound as well for all such Sum or Sums of Money by them received, or shall hereafter be by them received and paid, for the Service of the Public, as for the Monies by them received, or to be received and paid, by virtue of the fore recited Ordinances; the said Allowances to be defaulked Monthly."
Order for 1000 l. to Colonel R insborough, in Part of his Arrears.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Thousand Pounds be charged upon the Moiety of the Receipts at Gouldsmiths Hall (not engaged for Security) in Course, and advanced and paid unto Colonel Thomas Rainsborough, upon Accompt, to be accounted in Part of the Arrears due unto him upon his Entertainment in the Service of the Parliament; and that the Acquittance of the said Colonel Thomas Rainsborough, or his Assignee, shall be a sufficient Warrant and Discharge to the Treasurers at Goldsmiths Hall, for Payment of the said Sum of One Thousand Pounds accordingly."
(fn. 6) "An Ordinance of the Lords and Commons assembled in Parliament, against unlicensed or scandalous Pamphlets, and for the better Regulating of Printing.
Ordinance to prevent the publishing of scandalous Pamphlets.
"The Lords and Commons in Parliament assembled, taking Notice of the many seditious, false, and scandalous Papers and Pamphlets daily printed and published in and about the Cities of London and Westminster, and thence dispersed into all Parts of this Realm, and other Parts beyond the Seas, to the great Abuse and Prejudice of the People, and insufferable Reproach of the Proceedings of the Parliament, and their Army: For the better Suppression thereof, and Prevention of the like Inconveniences in Time to come, do order and ordain, and be it Ordered and Ordained by the said Lords and Commons, That what Person soever shall make, write, print, publish, sell, or utter, or cause to be made, written, printed, published, sold, or uttered, any Book, Pamphlet, Treatise, Ballad, Libel, Sheet or Sheets of News whatsoever (except the same be licensed by both or either House of Parliament, or by such Person or Persons as shall be thereunto authorized by One or both Houses of Parliament) with the Name of the Author, Printer, and Licenser thereunto prefixed, shall, for every such Offence, suffer, pay, and incur, the Punishment, Fine, and Penalty hereafter mentioned; that is to say, the Maker, Writer, or Composer, of any such unlicensed Book, Pamphlet, Treatise, Ballad, Libel, Sheet or Sheets of News, shall forfeit and pay Forty Shillings, or be imprisoned in the Common Gaol for the County or Liberty where the Offence is committed, or the Offender shall be found, until he shall pay the same, so that the said Imprisonment exceed not Forty Days; the Printer to forfeit and pay Twenty Shillings, and suffer the like Imprisonment until he pay the same, the said Imprisonment not exceeding Twenty Days, and likewise to have his Press and Implements of Imprinting seized, and broken in Pieces; the Bookseller, or Stationer, to forfeit and pay Ten Shillings, or be imprisoned in like Manner until he pay the same, the Imprisonment not exceeding Ten Days; and the Hawker, Pedlar, or Ballad Singer, to forfeit and lose all his Books, Pamphlets, and Printed Papers, exposed to Sale, and also to be whipt as a Common Rogue, in the Liberty or Parish where the said Offender shall be apprehended, or the Offence committed.
"And it is farther Ordained, by the said Lords and Commons, That the several and respective Members of the Committees for the Militia, in London, Middlesex, and Surrey, and all Mayors and other Head Officers of Corporations, and all Justices of the Peace of the several Counties, Cities, and Liberties, within this Kingdom of England and Dominion of Wales, and every of them, in their respective Liberties and Jurisdictions, be hereby authorized and required to put this Ordinance in Execution; and all Constables, Headboroughs, and other Officers and Ministers, are hereby authorized and required, together with such Assistants as they shall call unto them, to enter into any Shop or House where they shall be informed, or have good Cause to suspect, any such unlicensed Pamphlets and Papers are printed, sold, or uttered; and to take and seize the same, and likewise all Presses and Implements of Printing, and to bring them, together with the Offenders, and all other Offenders against this Ordinance, before the said Members of the Committees, Mayors, Head Officers, and Justices of the Peace, or any One of them, that the Fines, Pains, and Penalties, before-mentioned, may be imposed and inflicted upon the same Offenders, according to the Intention and Meaning of this Ordinance: And it is also Ordained, by the Authority aforesaid, That the View of any One Justice of the Peace, Head Officer, or Member of the Committees aforesaid, or the Oath of One credible Witness (which Oath, in such Cases, they and every One of them are hereby authorized to administer), shall be a sufficient Conviction of any Offender, in the Cases before recited; and the same Justice of the Peace, Mayor, or other Head Officer, or Member of the Committees aforesaid, have hereby Authority to dispose One Moiety of the Fine paid by virtue of this Ordinance to the Collectors for the Poor of the Liberty or Parish where the Offence is committed, and the other Moiety to the Person or Persons who shall discover and prosecute the said Offenders: And finally it is Ordained, That all Persons acting any Thing by virtue of this Ordinance shall be saved harmless and indemnified, by Authority of both Houses of Parliament.
"Provided always, and it is hereby Declared, That the Penalties in this Ordinance expressed shall not extend to acquit any Person or Persons, that shall make, write, print, publish, sell, or utter, or cause to be made, written, published, sold, or uttered, any Book, Pamphlet, Treatise, Ballad, Libel, Sheet or Sheets of News, that shall contain any seditious, treasonable, or blasphemous Matter; but the Offenders in that Kind shall be liable to such farther Penalties, as by the Laws of this Land are provided, or by Authority of Parliament shall be adjudged, according to the Penalty of such Offences.
"H. Elsynge, Cler. Parl. D. Com.
"28 Septembr. 1647.
"Ordered, by the Commons assembled in Parliament, That this Ordinance be forthwith printed and published.
"H. Elsynge, Cler. Parl. D. Com."
House adjourned till 10a cras.