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, 7 die Octobris.
PRAYERS, by Mr. Prophet.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ordinance to take off the Two per Cent. on Foreign Ballion exported.
Upon reading the Petition of the Merchants of Dover (fn. 1), concerning the Abuse of Bullion; which was wont to be brought into England, and now consigned into Holland: (Here enter it.)
It is Ordered, That the Rate of Two Pounds per Cent. be taken off: And an Ordinance for this Purpose to be brought in To-morrow Morning; and the Earls of Kent, Manchester, and Warwicke, do prepare and bring the same in.
Ly. Littleton, Sir F. Grevil, and Barrow, versus Smith, Awdley, &c.
Upon reading the Petition of Dame Awdrey Littleton, Sir Fulke Grevill Knight, and Maurice Barrow Esquire:
It is Ordered, That Hugh Awdley shall have a Copy of this Petition, who is to return his Answer thereunto within Seven Days after Notice; and that the forged Writings in the mean Time to be brought into this House; and Isabel Smyth to be kept close Prisoner in Newgate, until the further Pleasure of this House be known.
Message from the H. C. with Orders, &c.
A Message was brought from the House of Commons, by Sir Henry Mildmay Knight; who brought up divers Particulars, wherein their Lordships Concurrence is desired:
1. An Ordinance for Security to Sir John Wolleston and others, for the Loan of Thirty-two Thousand Pounds, for the Service of England and Ireland.
(Here enter it.)
2. An Order concerning the Isles of Guernsey, Sarke, and Alderny.
3. An Order for One Hundred and Fourteen Pounds due to Major Done. (Here enter it.)
The Answer returned was:
That this House agrees to the Ordinance for securing the Thirty-two Thousand Pounds, and the Ordinance for One Hundred and Fourteen Pounds due to Major Done: To the rest, their Lordships will send an Answer by Messengers of their own.
Ald. Fowkes and the E. I. Co.
Upon reading the Petition of Alderman Foukes:
It is Ordered, The Governor and Company of the East India Company shall bring their Books of Accompts to Mr. Hakewill and Doctor Heath, and make up their Accompts, by this Day Three Weeks; otherwise the Sum of Seven Thousand Pounds, charged by the Petitioner in his Petition of Appeal to be the Proceed of his said Adventures, shall be admitted; and the Governor and Company of the East India Company ordered to pay the same, with Damages since, and the Cost of Suit awarded to the Petitioner by this House.
Smith and Davies.
Ordered, That the Cause between Soloman Smyth and Davies, upon the whole Matter, shall be heard the First of November next, by Counsel on both Sides; at which Time the Judges shall be present.
Worsley's Goods to be restored.
Upon reading the Petition of Thomas Worseley, &c. It is Ordered, That their Goods shall be forthwith restored unto them; and it is referred to the Barons of the Court of Exchequer, to give such sitting Reparation for their Loss and Charge wrongfully sustained, by taking and detaining their Goods, as they shall think fit.
Author of Mercurius Pragmaticus to be discovered.
Ordered, That the Company of the Stationers shall endeavour to discover the Author and Printer of a scandalous Pamphlet, called "Mercurius Pragmaticus," that so he may be prosecuted according to the Ordinance.
Letters from Scotland.
Letters from the Commissioners of Scotland, were read, and ordered to be sent down to the House of Commons. (Here enter it.)
E. of Warwick, Leave to be absent.
Ordered, That the Earl of Warwicke hath Leave to go into the Country, to take Physic.
Propositions for Peace.
Ordered, That the Matter of the Propositions shall be the First Business To-morrow Morning.
Message to the H. C. with the Letters from Scotland Jones's Petition.
A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:
1. To deliver to them the Letters from the Commissioners of Scotland.
2. To recommend to them Captain Jones's Petition.
Order for 114 l. to Mrs. Done, due to her late Husband Major Done.
"Ordered, by the Lords and Commons in Parliament, That the Sum of One Hundred and Fourteen Pounds, certified to be due unto Major Done, stain in the Service of the Parliament, upon his Entertainment in the said Service in the Army under the Command of the Earl of Manchester, or so much thereof as shall be certified to the Treasurers at Gouldsmiths Hall to be due unto the said Major Done for the Service aforesaid, by Certificate under the Hands of Mr. Leman and Mr. Weaver, be charged upon the Moiety of the Receipts at Gouldsmiths Hall (not engaged for Security) in Course, and paid unto Mrs. Jane Done, Sister and Executrix to the said Major Done; and that the Acquittance of the said Mrs. Jane Done, or her Assignee, shall be a sufficient Warrant and Discharge to the said Treasurers at Gouldsmiths Hall, for the Payment of the said One Hundred and Fourteen Pounds, or so much thereof as, upon the Certificate of the said Mr. Leman and Mr. Weaver, they shall pay to the said Mrs. Jane Done in Pursuance of this Order."
Ordinance to secure 32,000 l. to Sir J. Wollaston, Warner, &c. lent for the Service of England and Ireland.
"Whereas the Lords and Commons in Parliament assembled, the Thirtieth Day of September, 1647, have declared, That it is most necessary for the Furtherance of the Service of England and Ireland, that the Sum of Eighty Thousand Pounds be forthwith borrowed, whereof Thirty Thousand Pounds hath been advanced, by Sir John Wollaston Knight, John Warner, Thomas Andrewes, and George Witham, Aldermen of the City of London, Francis Allein and John Dethicke Esquires, now Treasurers at War, to be re-paid with Interest; (videlicet,) Twenty Thousand Pounds thereof, with Interest, out of the First Money of the Third Month's Assessments; and the other Ten Thousand Pounds, with Interest, out of the First Money of the Fourth Month's Assessments, upon the Ordinance of Parliament of 23th of June, 1647; by virtue whereof, the Monthly Sum of Sixty Thousand Pounds is assessed, and to be assessed, levied, and collected, in the respective Counties, Cities, and Places, in England and Wales, according to the Proportion therein expressed, to continue for Twelve Months, and ending the 25th of March, 1648: And whereas Thomas Atkins Alderman, and Francis Allein Esquire, Thomas Arnold Deputy, and Randall Bascavill, with divers other Persons, out of their good Affection and Zeal to the said present Service both of England and Ireland, are willing to lend the several Sums of Money which they formerly lent, upon Security of the Excise, in Course, payable by Ordinance of Parliament, bearing Date the 2d Day of February, 1645; and whereas divers other well-affected Persons are willing to advance and lend de novo several Sums of Money, to make up in the Whole Thirty-two Thousand Pounds, for the present Service aforesaid: For the Securing and Re-payment whereof, or of so much thereof as shall be now lent, with Interest, at the End of Three Months, according to the Directions hereafter expressed, be it Ordained, and it is hereby Ordained, by the said Lords and Commons in Parliament assembled, That the respective Sums of Money by each of the said well-affected Persons to be advanced by Way of Loan as aforesaid, with Interest thereof after the Rate of Eight Pounds per Centum, shall be re-paid, by the said Sir John Wollaston Knight, and the rest of the said Treasurers at Wars, unto each and to every of the said Lenders, or to his or their Executors or Assigns, at the End of Three Months next ensuing from and after the Lending and Payment thereof, without any further Delay; and the said Sir John Wollaston Knight and the rest of the said Treasurers at Wars shall have Power, and they and every One of them are hereby authorized and required, to pay the said Thirty-two Thousand Pounds, or so much thereof as shall be advanced and lent as aforesaid, with the Interest thereof as aforesaid, to each and every of the said Lenders respectively, or to his or their Assigns as aforesaid, out of such Sums of Money as shall be taxed, levied, and paid, by virtue of the said Ordinance of the 23th of June last past, which shall first come to their or any of their Hands: And if there shall be a Failure of the Payment of the said Thirty-two Thousand Pounds, with Interest, or of any Part thereof, to the several Lenders aforesaid, out of the said Monthly Collections hereby appointed for Payment thereof at the Time aforesaid, it is hereby Ordained, That the said Thirty-two Thousand Pounds, or so much thereof as shall be so unpaid, shall be paid out of such other Receipts as shall be in the Power of both Houses of Parliament, who do hereby undertake the Provision thereof accordingly: And it is hereby further Ordained, That the said Treasurers at Wars, or any Two of them, shall subscribe every Receipt to such Person or Persons as shall lend any Sum or Sums of Money towards the said Thirty-two Thousand Pounds; and such Receipt shall entitle and interest every Person and Persons to whom the same shall be given, his and their Executors, Administrators, and Assigns, into the Security and Benefit of this present Ordinance, for the Repayment of the said Thirty-two Thousand Pounds, with the Interest thereof, as is before declared."
Dover Merchants Petition, to take off the Duty of Two per Cent. on the Exportation of Foreign Silver.
"To the Right Honourable the House of Lords now assembled in High Court of Parliament.
"The humble Petition and Remonstrance of the Merchants, English and Strangers, trading in and by the Port of Dover;
"Most humbly sheweth,
"That the Trade of this Town and Port hath been thought of so great Concernment, as well for the Advance of the Customs in general, as for the Employment of the Navigation of the Kingdom in particular, that all possible Care hath ever been expressed for the Encouragement and Maintenance thereof.
"That the primary and moving Cause of this great, Trade in the said Port was, the Importation of Foreign Silver, which brought all other Commodities along with it, and raised the Customs there from Four Thousand to above Forty Thousand Pounds per Ann.; in Consideration whereof, we the said Merchants had (at the first) Permission to export all such Silver as was imported, without Payment of any Duty thereupon: But, the Trade increasing, they were, by special Order, obliged to send but only One Third Part of what came in, and to pay for that Third One and a Half per Cent. This Order was observed for some Time; when the Merchants Strangers, finding themselves too much streightned thereby, procured an Order for the Exportation of Two Thirds of the Silver imported, for which they agreed to pay Two per Cent. the other Third being sent to London, and converted into Coin; by which also the Kingdom received very great Benefit from the Coinage.
"That, within these Four Years last past (by reason of the Height of the Exchange), there hath been exported but Forty-two Thousand Three Hundred Twenty-seven Pounds, or thereabouts, although many Millions have been imported; so that there hath been paid for this Duty of Two per Cent. but Eight Hundred Forty-six Pounds, Ten Shillings, or thereabouts; and that hath been within Four Months now last past, because of the Fall of the Exchange.
"That the States of Zeland, finding it a known Truth, That wheresoever the Silver is imported, the rest of the Trade must necessarily follow, and taking Advantage upon the present Lowness of the Exchange, have made an Order, of the 19th of July last past, a Copy whereof, (fn. 2) translated out of the Original, is annexed hereunto; by which they permit all the Silver to be brought into that Province, and to be carried thence into Brabant (their Enemy's Country) unmolested, and without Imposition of any Duty, provided that One Third of the said Silver be brought into the Mint of the County of Zealand, to be coined; and they further oblige themselves, That no Examination shall be made, to whom the Silver doth belong; but that it shall be entered in the Name of the Factor to whom it shall be consigned.
"The Premises considered, our most humble Suit to this High and Honourable Assembly is, That the Payment of the said Duty of Two per Cent. may be speedily taken off from the Two Thirds of such Foreign Silver as shall be exported; and that for these Reasons:
Reasons for it.
"1. The Merchant will certainly consign the Silver where it may be most free from Imposition, and consequently the whole Body of Trade will also go that Way; and how hard a Thing it would prove to re-call it, we humbly desire this Honourable Assembly to consider.
"2. The States of Zeland have taken the very Instant of Time, to invite the Trade thither; and they foresee so much Benefit by it, that they choose to serve their Enemies herein, and offer them also the same Composition for other Goods which is allowed Merchants Strangers at Dover.
"3. The Navigation trading for Spaine will be totally destroyed; whereby as very many Thousands will be undone, so the Trade itself will be wholly taken up by Hamburgers, Lubeckers, and others, who have been of late employed to carry almost all the Goods going for Spaine.
"4. The Nova Hispania Fleet is daily expected, some say arrived, in Spaine; and, if the Hollanders Design be not counterwrought, the Silver will be all carried thither; their said Order having had so great an Influence already, that at least One Thousand Five Hundred Bars of the last Fleet were carried thither.
"5. In case the Exchange should rise, this Deduction cannot prejudice the State at all; for then the whole Quantity of Silver imported will be converted into Coin within the Kingdom, as it hath been of late Years: Besides, it will be still in the Power of the State to impose the said Duty, whenever they shall see Cause.
"These are the Grounds of our present Request, which we most humbly offer to be weighed by this High and Honourable Assembly, being (as we with all Submission conceive) essential to the Restoration of the languishing Body of Trade, that of late is almost lost in this Part by reason of its many Distempers; and we can see no more speedy Means for its Recovery, than by procuring to ourselves (at least) such Immunities and Privileges here, as are freely offered us in other Places, especially when the real Benefit of the Kingdom by Customs and Navigation will be so much increased: But we very humbly submit all to your great Wisdoms.
"And shall ever pray, &c.
"Since the Draught of this our humble Remonstrance, The Angell of London, Tho. Perry Master, is arrived in The Downes, from Spaine, with above Three Hundred Bars of Silver, totally consigned for Holland.
Henry De Thosse.
Order of The States of Zealand, to allow the Imoortation of Bullion there.
"Extract out of the Register of The Honourable Estates of Zealand.
"The 19th July, 1647.
"Having heard the Report of the Committee, by Power of Relation from the Lords The Estates of Zealand, dated the 5th of the last Month; and having spoken with the Persons employed in the Business handled before their Lordships; and also understanding the Advice and Considerations of the forenamed Committee, what is to be done in the said Business, for the most Advantage of this Province: It is thought good, and we do give to understand, That we shall permit and suffer, and we do hereby permit and suffer, that such Silver as shall come out of Spaine by Water, in Ships, into this Province, shall be permitted, and may be brought in, and from thence may be carried unmolested through the Flote of Lillo, into Barbant: Provided, (fn. 3) That One Third Part of the said Silver shall be brought into the Mint of the County of Zeland, there to be converted into Coin, according to the general Course. And we give to understand, That no Examination shall be made unto whom the said Silver doth belong; but the same shall be entered in the Name of the Merchant or Merchants to whom the said Silver shall be consigned. And this is done by Provision, That in case any Alteration or Change should happen, the Merchants shall be in Time advertised thereof.
"This agrees with the Day Register Book, and was subscribed thus:
"Concordat Collatione factum.
"Witnessed by me, as Secretary of the Town of Middleburgh, in Zelande.
"Paulus Van De Perre."
Ly Littleton, Sir F. Greville, and Barrow, versus Awdley and Smith.
"To the Right Honourable the Lords in the High Court of Parliament assembled.
"The humble Petition of Dame Awdrey Littleton, late Wife of Sir Adam Littleton deceased, Sir Fulke Grevill Knight, and Maurice Barrow Esquire;
"That whereas your Lordships, after several Hearings, upon the 21th of September last, gave Judgement concerning a Copy of a pretended Act of Parliament, intituled, "An Act to enable and make good a Conveyance and Assurance of the Manors of Chipping Onger, Northokenden, Southokenden, and other Lands, in the County of Essex, Beaves Markes, alias Buryes Markes, in London, by James Morris Esquire, and Gabriell Pointz Esquire, to John Poyntz, alias Morris, and his Heirs, and to establish the said Manors upon the said John Poyntz, alias Morris, and his Heirs, according to the said Conveyance," and declared the same to be forged and counterfeit, and therefore to be for ever damned and canceled, and never to be pleaded, or given in Evidence, in any Court or Cause, there being no Record to warrant any such Copy; whereby your Petitioners and others, whose Inheritance was sought to be impeached by the said Forgery, did well hope they should have been in Peace: Yet there are further unlawful and indirect Courses taken, for the upholding and countenancing of the said Forgery, and vexing of your Petitioners, wherein Isabell Smith, One of the Persons sentenced by your Lordships, hath been a principal Actor, who, though she were committed (by your Lordships Order) to Newgate for the said Forgery, yet, notwithstanding this her Restraint, she hath been permitted to go at large, contrary to your Lordships Order, whereby she was enabled to put in Practice that which herself and others had subtily and wickedly contrived; for, having lately procured the said pretended Act of Parliament and the forged Fines and Pleading complained of before your Lordships to be written in Parchment (which, by some Sleight, are made to seem as if they had been written long since), she came to the Court of Wards Office (having the same private about her), pretending to search for something there, and was, contrary to the Duty of Hugh Awdley Esquire Master of the said Office (she being at that Time a Prisoner in Newgate for Forgery), admitted into the Treasury amongst the Records of the said Court, where (though an illiterate Woman) she was permitted to go up a Ladder, and to search, handle, and sling down, the said Records, whereby she had Opportunity given her to foyst and shuffle in some new Forgeries amongst other Writings which she threw down; and, the said Forgeries being then pretended to be by her there found, she the said Isabell Smith unduly procured the said Mr. Awdley, Clerk of the said Court, to make her Copies, and to attest them under his own Hand (hoping thereby to gain some Credit and Authority to the said Forgeries) as if they had been real Things, and anciently remaining there; whereas it hath been evidently made appear before your Lordships, that, they are gross and late Forgeries.
"Now, forasmuch as the said Mr. Awdley (contrary to the Trust reposed in him) hath admitted the said Isabell Smith (a notorious Delinquent, and at that Time committed to Newgate for Forgery) to come amongst the Evidences and Records (which so much concern the Estates of the Subjects of England) and there to make Search herself, and hath since given out Copies under his own Hand of certain forged Writings at the Time of her Search shuffled in, and hath likewise attested the said Writings to be Evidences and Records, which he never before saw, whereby your Petitioners Titles and Estates are like to be much scandalized, as also your Lordships Judgement concerning the said Act of Parliament:
"Therefore your Petitioners most humbly pray your Lordships, for vindicating of your own Honours, and righting of your Petitioners, that the said Mr. Awdley's unjustisiable Carriage in this Business may be examined; and that he may give a good Account, when and by what Means the said Forgeries came into the said Treasury of the said Court of Wards, and why the said Isabell Smith was permitted to have Access to the said Records; and likewise what Reason did induce him to affirm the said Writings to be Evidences and Records; and that, by your Lordships Order, the said forged Writings may be brought into this House; and that the said Isabell Smith may be kept close Prisoner, to prevent her like wicked Practices in some other Place; and that Reparations may be made to your Petitioners, whose Titles are traduced by this undue Carriage of the said Mr. Awdley.
"And your Petitioners shall ever pray, &c.
Miles to be instituted to Divas;
Ordered, &c. That Doctor Aylett, &c. give Institution and Induction to Henry Miles Clerk, to the Rectory of Divas, in the County of Pembrooke, now lawfully and of Right void; salvo Jure cujuscunque; granted by the Great Seal.
and Nichoson to Plumbland;
Ordered, &c. That Doctor Aylett give Institution unto Joseph Nicholson Clerk, Batchelor of Arts, to the Rectory of Plumbland, in the County of Cumberland, void by the Resignation of Lancelott Fletcher Clerk, the late Incumbent; salvo Jure cujuscunque; he taking the National Covenant; Richard Shelton Gentleman, Patron.
Letter from the Privy Council of Scotland, about the Resolution of the Houses for
"The Lords of His Majesty's Privy Counsell of the Kingdome of Scotland, haveinge received your Letter of the 4th of this Mon th, and alsoe haveinge
Discharge of the Scots Army in Ireland.
seene a Letter directed to the Lord Chauncellor, contayning the Resolution of both Houses of the Parliament of England, for Discharge of the Scotts Army in Ireland; and finding that, by Act of Parliament of this Kingdome, of the 19th of March last, the Care and Disposall of that Army is intrusted to the Committee of Parliament; they have comunicated your Letter unto them, who have retourned such an Answere as is most agreeable to Justice, and sutable to the due Observance of the Treaty made concerning that Army. This is that which the Lords of His Majesty's Privy Counsell have thought fitt should be retourned to your Lordships, and is by their Comaund signed by
Edenburgh, 27 Sept. 1647.
Affectionate Freind and Servaunt,
Letter from the Committee of Parliament there, on the same Subject.
"For the Right Honnorable the Lords and Commons in the Parliament of England, assembled at Westm'r.
"Your Letter of the 4th of this Moneth, contayning your Resolutions for Discharge of the Scotts Army in Ireland, upon the 12th and 13th Articles of the Treaty made in that Behalfe, being presented to His Majesty's Privy Councell of this Kingdome, and by them comunicated to us, to whome the Care and Disposall of that Army is intrusted be the Parliament of this Kingdome, according to our Commission of the 19th Day of March last; and wee, haveing tane the same into Consideration, are most willing that the Treaty mentioned therein concerning the Scotts Army in Ireland, and which were assented to by both Houses upon the 7th of July, 1642, be punctually observed in all the Articles thereof; which, being equally obligeing to reciprocall Performances, wee doe declare, in the Name of this Kingdome, That, the Kingdome of England makeing good what by Articles of the Treaty, especially the 6th and 11, their Publique Faith is engaged for, (videlicet,) That Payment shall be made to the Kingdome of Scotland and their Army of all Dues shall arise upon that Treaty, and that when the Scotts Army imployed in the Service of Ireland shal be discharged, they shal be disbanded by Regiments, and noe lesser Proportions, and soe many of them paid off as shal be disbanded, and the Residue kept in Pay till they be disbanded; and that the Scotts Army shall be entertayned by the English for Three Moneths from the 20th of June, 1642, and soe long after till they be discharged; and that they shall have One Moneth's Pay advanced when they are first mustered in Ireland, and thereafter shal be paid from Moneth to Moneth; and that there shal be a Mustermaster appointed by the English Muster-master Generall, to make strict and freguent Muster of the Scotts Army; and that, what Companyes of Men shal be sent out of Scotland, within the Compasse of Ten Thousand Men shal be paid upon their Musters in Ireland, though they make not upp compleate Regiments; and the Common Souldiers receiveing their 14 Dayes Pay at their Dismission to carry them Home; then the Army shal be forthwith disbanded, and retourned Home.
"And wee are consident that, when the Honnorable Houses shall remember what Misseryes that Army hath endured through not due Payment of what the Kingdome of England was obliged for to them, what Tentations they have withstood, and how constant and faithfull they have beene to this Caus, and to the Crowne of England, they will sinde it just that, as is promised in their Letter, Care be tane for their due Sattisfaction, before they be re-called from the Service, and that either upon Accompt of all the Particulers, or upon a generall Estimate to be agreed on for the Whole. This is the Expectation of this Kingdome, and is hereby, in the Name of the Committee of Estates thereof, signed by
Ed'r, 27 Sept. 1647.
Affectionate Freind and Servaunt,
"To the Right Honnorable the Lords and Commons in the Parliament of England, assembled at Westm'r."
House adjourned till 10a cras.