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 Mercurii, 3 die Novembris.
PRAYERS, by Mr. Valentine.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ds. La Warr.
Sutton, L. Craven's Servant, arrested.
Upon reading the Petition of Roger Sutton, Servant to the Lord Craven; complaining, "That he is arrested, by Joseph Augustine, Serjeant at Mace, at the Suit of Wm. Smith:"
Augustine and Smith sent for.
It is Ordered, That the said Roger Sutton shall be released from his present Restraint, and have the Privilege of Parliament allowed him; and that the said Augustine and Smyth be sent for, as Delinquents, to answer the same.
Merchants Strangers Remonstrance against extraordinary Taxes.
An humble Remonstrance, on the Behalf of the Merchants Strangers, was read; complaining against illegal Taxes. (Here enter it.)
It is Ordered, To be referred to these Lords, to call some of the Petitioners before them, and examine the Matter of Fact; and report the same to this House:
L. Viscount Say & Seale.
Any Three; to meet when they please.
Message from the H. C. to reduce the Quorum of the Committee for drawing up the Propositions.
A Message was brought from the House of Commons, by Mr. Swinfen:
To desire their Lordships Concurrence, that the Quorum of the Committee for drawing up the Propositions into Form may be reduced to a less Quorum; that they have reduced the Quorum of their Committee to Six.
Ordered, That the Quorum of the Lords of this Committee shall be reduced to Three.
The Answer returned was:
That this House hath reduced the Quorum of the Lords of this Committee to Three.
E. of Northumb. desires to be repaid Monies expended for the King's Children, and for otheir Allowance to be duly paid.
The Earl of Northumb. presented a Paper to this House, which was read; (videlicet,)
Some Months since, the Earl of Northumb. was a Suitor to the Houses, That an effectual Course might be taken, for the Payment of those Monies that are assigned him for the Expences of the King's Children; and likewise (if the Houses thought fit) that some One or more Persons might by them be appointed to receive and issue the said Monies: Since that Time, no effectual Order hath been given therein; for he is at present in Arrear for this Year near Three Thousand Pounds, which his private Fortune is not in a Condition to spare; nor will it be thought reasonable (he assures himself) that he should be always put to disburse such Sums of Money out of his own Purse, to supply the King's Children's Occasions.
"Wherefore he, not having Means longer to defray this Charge, now desires in the First Place,
"That he may receive the Money in Arrear unto him, with which he must satisfy sundry Creditors: That what is intended for the Maintenance of the King's Children may for the future be more duly paid, and some Persons chosen by the Houses to receive and issue the same, that so he might be freed from meddling with those Monies: Or, if a more certain Course for those Payments be not settled, that the Houses would then please to think of disposing the King's Children into such other Way as shall be most agreeable to them."
Message to the H. C. about it.
Ordered, That this be sent down to the House of Commons; with special Recommendations, "That some speedy Course may be taken, for Provision for the King's Children."
And accordingly it was presently sent down, by Mr. Sadler, &c.
That, having sent formerly to them about this Business, whereof no Answer hath been returned, to deliver this Paper to them; with special Recommendation, "That some speedy Consideration may be taken, as is desired in the Paper."
Capt. Wilkinson's Petition, for Money expended.
Upon reading the Petition of Captain Thomas Wilkinson; desiring "Reparations for the Sums of Money he hath disbursed for the Use of the State:"
It is Ordered, To be recommended to the House of Commons.
Edisbury's Petition, for the Prothonotary's Place for Denbigh and Mountgom.
Upon reading the Petition of John Edisbury Esquire, concerning a Grant which he hath of the Prothonotary and Clerk of the Crown of the Counties of Denbigh and Mountgomery, upon the Death, Forfeiture, Surrender, or other Determination, of Kenrick Eaton, who hath compounded for his Delinquency; and forasmuch as, by an Ordinance of Parliament, of 25 Dec. 1643, the Right, Title, and Interest, of the said Kenricke Eyton and Richard Lloyd is determined and become void by the said Ordinance, humbly desires this House would give Order for his Admittance to the said Office:
It is Ordered, That this House leaves the Petitioner to try his Title by due Course of Law.
Corbett and Hunt.
Upon hearing the Cause between Corbett Plaintiff, and Hunt Defendant, by Counsel on both Sides; and upon a mature Consideration of the whole Business contained in the Petition and Answer:
It is Ordered, [ (fn. 1) by the Lords] in Parliament, That this Cause is hereby dismissed out of this House; and the Plaintiff shall pay to the Defendant Ten Pounds Costs.
Alford and Smith.
Ordered, That the Cause in the Writ of Error depending in this House shall be argued, between Alford and Smith, by Counsel on both Sides, To-morrow Morning.
Clark and Cole.
Ordered, That the Errors in the Writ of Error between Clarke and Cole shall be argued To-morrow Morning, at this Bar, by Counsel on both Sides.
Message to the H. C. about the following Particulars.
A Message was sent to the House of Commons, by Doctor Aylett and Mr. Sadler:
1. To desire Concurrence in an Addition in the Order for Approbation of the Articles of Exeter.
2. To desire that they would give Concurrence for taking off the Sequestration of Colonel Brandlinge.
3. To recommend to them the Petition of Major Ormsbie.
4. To deliver to them the Earl of Ormond's Letter; and desire that some Course may be taken to perform the Articles made with him.
5. To put them in Mind of Captain Hawkeridge's Petition.
Bragg to be Minister of Thorncombe.
Upon reading the Petition of the Inhabitants of Thornecombe, desiring Mr. Bragg may be their Minister:
It is Ordered, That an Ordinance be brought in for that Purpose.
Remonstrance from the Merchant Strangers, against paying extraordinary Taxes; and that they may enjoy their Privileges.
"To the Right Honourable the House of Peers assembled in Parliament.
"An humble Remonstrance, on the Behalf of the Merchant Strangers;
"That the ensuing Reasons may be taken into Consideration; and that no excessive Taxes, or Customs, may be laid or imposed upon their Merchandizes, contrary to the Statutes, Privileges, and Grants, hereafter mentioned.
"By Statute of 22th H. VIII. it is Enacted, That Tables shall be set up in Ports, by which the Certainty and very Duty of every Toll and Duty, or Sum of Money to be demanded and required, of Wares and Merchandizes, shall and may plainly appear and be declared; to the Intent that nothing be exacted otherwise than in old Time hath been used and accustomed.
"And by divers other Statutes, and by Magna Charta, That no Taxes, or Customs, be imposed upon Aliens, otherwise than in old Times have been accustomed.
"And by Charta Mercatoria, in Consideration of Three Pence in the Pound advanced more than their due Custom, it is Declared, That no Exaction, Prize, nor Borrowing, or any other Taxes, be imposed upon the Merchants Strangers, their Merchandizes or Goods, against the express Form granted above; and this Charter confirmed in divers Kings Reigns, and lastly by this present Parliament.
"And by divers Statutes Declared, That all Strangers here shall be well used, and as the English Natives are used in Foreign Parts.
"And by the Eighth Article of the Peace with Spaine, it is Accorded, That the Condition of the Foreigners be equal and like unto the Natural Subjects.
"And by the Tenth Article, That English, Scottish, and Irish Merchandizes may be transported to Spaine, paying only the Customs and Tolls usually required.
"And by the Eighteenth Article, If any Subjects shall complain that more Grievances (fn. 2) and Burthens than were accustomed are imposed on them, there shall be Deputies appointed, which may treat, and restore such Things as are found to have slipt out of Course; or to have changed, by Injury of Time, or by corrupt Custom and Use.
"The Merchant Strangers humbly shew, That they never were compelled till now, in Time of War, to pay more Custom than the English Natives, otherwise than what is comprehended in Charta Mercatoria; and that, if they should be charged with Double Customs, and by this Example the like be imposed upon the English Merchants in Foreign Parts, it would be Ten Times more Damage to this Kingdom than the Custom thus advanced by Strangers can countervail.
"And humbly pray, That a due Consideration may be had of their great Sufferings and Loss by the long Payment of the Arger and Plymouth Duties, and of their Payment of Double Customs, and such like; and that they may enjoy the Benefit of the Laws and Privileges formerly granted unto them, for their Safety and Encouragement to trade."
(fn. 3) Col. Brandling's Sequestration taken off, passed at H. C. according as it is dated.
"Die Jovis, 4 Novembris, 1647.
"It is this Day Ordered and Ordained, by the Lords and Commons in Parliament assembled, That the Sequestration of the Estate Real and Personal of Colonel Robert Brandling, which he hath, either in his own Right, or in the Right of his Wife, be fully and clearly taken off and discharged: And all Committees, Sequestrators, their Officers, and others whom it may concern, are to take Notice hereof, and yield Obedience hereunto."