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 Veneris, 17 die Decembris.
PRAYERS, by Mr. Corbett.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ds. La Warr.
Answer from the H. C.
Dr. Aylett and Mr. Eltonheard return with this Answer from the House of Commons:
That they agree to the Alteration in the Ordinance for Tonnage and Poundage. (Here enter it.)
Message to them, about the following Particulars.
A Message was sent to the House of Commons, by Doctor Aylett and Mr. Eltonheade:
1. To desire their Concurrence in the Ordinance concerning Dorchester Minister.
2. To desire Concurrence for releasing Colonel Bard, according to the Report.
3. To desire Concurrence in the Ordinance concerning a Ship of the (fn. 1) Isle of Providence' Company, taken by the Dunkerkers.
4. To desire Concurrence in the making of Mr. Herle Vice Admiral in the North of Cornwall.
5. To desire Concurrence, that Mr. Marshall and Mr. Nye may attend the Commissioners that are to go to the Isle of Wight.
Ordinance to confirm all Institutions, &c. by Order of this House.
Ordered, That Mr. Baron Trevor, Mr. Justice Pheasant, and Mr. Justice Roll, do appoint Counsel, to draw and prepare an Ordinance, for confirming of all Institutions and Inductions that have been given by Order of this House, and for providing for the settling of it for the future.
Ordinance to add Lords to the Navy and Customs Committee.
The Ordinance for Addition of Lords to the Committee of the Navy and Customs, was read, and Agreed to.
(Here enter it.)
Ordinance to improve sequestered Lands.
The Ordinance for improving sequestered Lands, and for giving Accompt of the Values thereof, was read, and Agreed to. (Here enter it.)
Ordered to be printed.
Committees for Accompts, Ordinance for their Salaries.
The Ordinance for defraying the Salaries and Charges of the Committee and Sub-committees of Accompts, was read, and Agreed to.
(Here enter it.)
Message from the H. C. with Ordinances and Orders.
A Message was brought from the House of Commons, by Sir Anthony Irby Knight, &c.
To desire their Lordships Concurrence in divers Particulars:
1. An Ordinance for putting Papists and Malignants out of the Lines of Communication.
2. The Ordinance concerning the Election of Officers in the City of London, which they have sent up with some Amendments, wherein their Lordships Concurrence is desired. (Here enter it.)
3. The Ordinance for setting the Poor on Work, which they have sent up with some Amendments, wherein their Lordships Concurrence is desired.
(Here enter it.)
Read, and Agreed to, with the Alterations.
4. An Order for adding Major Sallawey to be added to the Committee of Indemnity.
5. An Order concerning Captain Jeremiah Abercromie.
6. An Order for Five Thousand Pounds to be paid to the Executors of Mr. John Hampden.
7. An Order for Mr. Perigrine Pelham to have a Debt paid him out of the Sale of Arrundell Woods, the said Debt being owed to him by the Earl of Arrundell.
Read, but nothing now Resolved.
Order for sending Papists, &c. without the Lines.
The Order for putting Papists and Delinquents to go out of the Lines of Communication, was read; and the House was put into a Committee of the whole House, to consider of it.
The House being resumed;
It was Agreed to, upon the Question. (Here enter it.)
Ordered, That this be printed and published.
The Answer returned was:
Answer to the H. C.
That this House agrees to the Ordinance concerning the Election of Officers in the City, with the Alterations; and also to the Ordinance, with the Alterations, for setting the Poor on Work; and also to the Ordinance for putting Papists and Delinquents out of the Lines of Communication: To all the rest, they will send an Answer by Messengers of their own.
Hampden, a Pass.
Ordered, That Mr. Richard Hampden, with One Servant and Four Horses, shall have a Pass, to go into France.
E. of Shrewsbury, a Pass.
Ordered, That the Earl of Shrewsbury shall have a Pass, to go to The Spawe, with Ten Servants.
Priest, &c. convicted at The Old Baily, who were reprieved.
Mr. Serjeant Greene gave Account to this House, from the Lord Mayor, of the Grounds of reprieving the Three Prisoners.
But the House, being not satisfied with the Grounds for reprieving the Priest, would give no Directions in the Business; but left it to the Consciences of the Lord Mayor and Justices that reprieved.
Paper from the Scots Commissioners.
A Paper from the Scotts Commissioners, was read.
(Here enter it.)
Answer from the H. C.
Doctor Aylett and Mr. Eltonheade return with this Answer from the House of Commons:
That they agree to the making Mr. Herle Vice Admiral of the North of Cornwall; and also to the Ordinance (fn. 2) concerning the Minister of Dorchester: (Here enter them.) To all the rest, they will send an Answer by Messengers of their own.
"An Ordinance for the Relief and Employment of the Poor, and the Punishment of Vagrants and other disorderly Persons.
Ordinance to establish Corporations for Employment of the Poor.
"Whereas the Necessity, Number, and Increase of the Poor is very great, within the City of London and Liberties thereof, for Want of the due Execution of such wholesome Laws and Statutes as have been formerly made: For Remedy thereof, and for other the Purposes herein after specified, be it and it is Ordained, by the Lords and Commons in this present Parliament assembled, That from hence forth there be, and shall be, a Corporation, within the said City of London and Liberties thereof, consisting of a President, Deputy to the President, a Treasurer, and Forty Assistants, whereof the Lord Mayor of the said City for the Time being to be the President, Eight of the said Assistants to be of the Aldermen of the said City for the Time being, and the other Thirty and Two to be Freemen of, and Inhabitants in, the said City, chosen out of the several Wards of the said City equally; and that John Warner, Sir George Clarke, John Foulke, Wm. Gibbs, Samuell Avery, John Bide, George Witham, Thomas Vine, Aldermen of the said City, shall be the First Eight Aldermen of the present Assistants; and that Francis Waterhouse shall be the present Deputy to the said President; and that Maurice Gething shall be the present Treasurer; and that John Osfeild, Richard Morrall, James Russell, Walter Pell, Ralph Hough, Robert Manwareinge, Anthony Webster, Wm. Adams, Richard Glide, Will'm Jesson, Tempest Milner, Thomas Arnold, Wm. Rendall, Toby Lesly, Nathaniell Hall, Humphry Hawley, Wm. Antrobus, John Greene, Edmond Whitwell, John Cook, Robert Mead, Robert Dallison, Wm. Bromw'ch, John Everat, Thomas Clowes, John Jones, John Bellamy, Abraham Chamberlaine, John Babbington, Richard Garforth, John Perin, and Stafford Clare, shall be the other Thirty-two Assistants; and that the Deputy and Treasurer from henceforth shall be eligible by the Common Council of the said City, Yearly, on the 25th of June, or at the next Common Council following, or within Eighteen Days next after the said 25th of June; and that such Two of the Eight Aldermen being Assistants, and Eight of the other Thirty-two Assistants, as the said Common Council shall think fit, shall fall off or be amoved Yearly, at the said Day and Time of Election; and that Two other Aldermen and Eight other Commoners, Citizens of, and Inhabitants in, the said City, shall be Yearly elected by the said Common Council, on the Day and Time aforesaid, to be Assistants, in the Place of such as shall so fall off, or be amoved.
"And it is further Ordained, That the said President, Deputy, Treasurer, and Assistants, for the Time being, shall for ever hereafter, in Name and Fact, be One Body Politic and Corporate, in Law, to all Intents and Purposes, and shall have a perpetual Succession, and shall be called by the Name of "The President and Governors of the Poor of the City of London and Liberties thereof," and by that Name shall and may, without Licence in Mortmaine, purchase or receive any Lands, Tenements, or Hereditaments, not exceeding the Yearly Value of Two Thousand Pounds, of the Gift, Alienation, or Devise, of any Person or Persons, who are hereby without further Licence enabled to give the same, and any Goods, Chattels, or Sums of Money whatsoever, to the Use, Intent, and Purpose, hereafter limited and appointed, and sue or plead, and be sued or impleaded, by the Name aforesaid, in all Courts and Places of Judicature within this Realm; and the said Corporation, or any Nine of them, whereof the said President, or any of the said Aldermen, or the Deputy to the President, or the said Treasurer, to be One, shall have hereby Power and Authority, from Time to Time, to meet and keep Court, for the Ends and Purposes herein expressed, at such Time and Place as the said President or his Deputy shall appoint; and shall have hereby Authority, from Time to Time, to make and appoint a Common Seal for the Use of the said Corporation, and to choose such Officers, and them or any of them from Time to Time to remove, as they shall see Cause; and, upon the Removal or Death of them, or any of them, to choose others in their Places, for the carrying on of this Work; and to make and give such reasonable Allowance to them, or any of them, out of the Stock and Revenue belonging to the said Corporation, as they shall think fit; and shall have hereby full Power and Authority to do and execute all such other Acts and Things as are hereby ordained and appointed, for the effecting the Work hereby intended to be done and executed.
"And be it Ordained, by the Authority aforesaid, for the further Relief and Employing of the said Poor, within the said City and Liberties thereof, That the said Corporation, or any Nine of them, whereof the said President, or any of the said Aldermen, or the Deputy to the President, or the said Treasurer, to be One, shall have Power to erect One or more Work-houses, for receiving, relieving, and setting the Poor on Work, and One or more Houses of Correction, for punishing of Rogues, Vagabonds, and Beggars, as they shall think fit.
"And be it further Ordained, by the Authority aforesaid, That, in regard of the great Inequality in the Ordering and Relieving of the Poor, through the different Abilities of the several and respective Wards in the City of London and Liberties thereof, the said Corporation, or any Nine of them, shall hereby be authorized, with Consent of the Common Council of the said City, to divide the several Wards, with the Poor and Stock to them belonging, into Four equal Parts or Proportions, for the more effectual and indifferent Relief of the Poor, and the avoiding future Differences and Dissentions between the Rich and the Poor Parishes: Provided, This Division of the said City and Liberties thereof shall not be any Prejudice to the Relief of those Parts or Parishes which lie without the Liberties of the City, which Parishes lie Part within the Liberties and Part without; but that those Parts which lie without the Liberties of the City shall and may have such Relief from Parishes within the City as formerly they have had.
"And be it Ordained, by the Authority aforesaid, That, for the further Relief and Employing of the said Poor, within the said City and Liberties, if the said Corporation shall find that the Annual Rates and Levies, or other Stock come to their Hands, shall not be sufficient for the effecting the Purposes aforesaid; that then, and from Time to Time, it shall and may be lawful for the said President and Governors, to certify such Want of Stock, and what Sum or Sums of Money they think fit will supply the same, under their Common Seal, to the Common Council of the said City, and the same to be levied by them equally and indifferently upon the several Wards respectively; and the said President and Governors, or any Nine of them, whereof the said President, or any of the said Aldermen, or the Deputy to the President, or the Treasurer, to be One, shall have Power, from Time to Time, to make and constitute Orders and Bye Laws, for the better relieving, regulating, and setting the Poor on Work, and the apprehending and punishing of Rogues, Vagabonds, and Beggars, within the said City and Liberties, that have not wherewith honestly to maintain themselves, and for other the Matters aforesaid; which said Orders and Bye Laws shall be presented to the Lords and Commons, for Confirmation, before the End of this Session of Parliament; and shall have hereby Power to put forth and bind such Children Apprentices as shall be under their Charge.
"And it is further Ordained, by the said Lords and Commons, That the said Treasurer to the said Corporation for the Time being shall, Once in every Year, between the Four and Twentieth of June and the 29th of September, or oftener if Need require, give a true and perfect Accompt, in Writing, of all the Receipts, Charges, and Disbursements, in and about the Premises, unto the Auditors for the Time being, appointed for taking the Accompts of the Chamberlain and Bridge-master of the said City; and the said Accompt to remain in the Custody of the Chamberlain of the said City.
"And be it further Ordained, by the Authority aforesaid, for the better effecting the Premises, That the President, the Eight Aldermen, the Deputy President, and Treasurer for the Time being, shall be Justices of the Peace, and the Four Eldest Aldermen shall be of the Quorum.
"And it is further Ordained, by the Authority aforesaid, That if any Action, Suit, or Plaint, shall be commenced or prosecuted, by any Person or Persons, in any Court whatsoever, against the said President and Governors, or any of them, or against any Person or Persons for doing or executing any Thing by their or any of their Order, Command, or Direction, or coming in to their or any of their Aid and Assistance, in, about, or concerning, the Premises; it shall and may be lawful to and for the said President and Governors, and Officers, or any of them, and every Person against whom any such Action, Suit, or Plaint, shall be so commenced or prosecuted, to plead thereunto the General Issue, That he or they be not guilty; and to give such special Matter in Evidence to the Jury that shall try the same; which Matter, being pleaded, had been sufficient Matter in Law to have discharged every such Person so prosecuted as aforesaid.
"And be it further Ordained, by the Authority aforesaid; That it shall and may be lawful to and for any County, or Corporation or Boroughs in any County, of this Kingdom, or Dominion of Wales, to make Choice of a fit Number of able and sufficient Persons, for the like effectual Relieving and Regulating of the Poor in their respective Places, and in like Manner to draw up and present Orders and Bye Laws, best suiting to those Counties and Places, for Confirmation, as aforesaid, and for the Ends and Purposes herein above expressed."
Ordinance to prevent Persons from being elected to Offices in the City, who were concerned in the late Engagement there.
"Be it Ordained, by the Lords and Commons in Parliament assembled, and by the Authority of the same, That no Person whatsoever, that hath been imprisoned, or hath had his Estate sequestered, for his Malignancy against the Parliament, that hath adhered to the King against the Parliament, at any Time during this unnatural War, or who hath contrived, abetted, persuaded, or who hath entered into, that late Engagement in or about the City of London, adjudged treasonable by both Houses of Parliament, which preceded that horrid Force of the 26th of July last against the Houses of Parliament, by the Prentices, Reformadoes, and others who hath had a Hand in the said Force, or gave Encouragement thereunto, or who hath contrived, abetted, persuaded, or entered into that Engagement, intituled, "The Agreement of the People," declared to be destructive to the Being of Parliaments and fundamental Government of this Kingdom, shall, for the Space of One whole Year, to be accounted from the 15th of December, 1647, be elected, chosen, or put into, the Office and Place of Lord Mayor of the City of London, or of Alderman, Sheriff, Deputy of a Ward, or Common Council Man of the said City, nor shall have Voice in Election of any such Officer; and all such Persons are hereby made uncapable, and declared so to be, of any of the said Places; and if any such Election shall be made of any such Person, the same is hereby ordained to be null and void; and the Lord Mayor of the City of London for the Time being is from Time to Time to give special Order, that this Ordinance be published at all Elections, and that the same be strictly and punctually observed."
Lords added to the Committee of the Navy and Customs.
"It is Ordained, by the Lords and Commons assembled in Parliament, That the Earl of Northumberland, Earl of Kent, Earl of Rutland, Earl of Pembrooke, Earl of Nottingham, Earl of Salisbury, Earl of Warwick, Earl of Denbigh, Earl of Manchester, Earl of Mulgrave, Earl of Stamford, Lord Viscount Say & Seale, Lord Dacres, Lord La Warre, Lord Wharton, Lord North, Lord Mountague, Lord Grey de Warke, Lord Howard of Estkrick, Lord Herbert, and Lord Bruce, and the Committee for the Navy and Customs already constituted and appointed, or any Five or more of them, shall be a Committee of the Navy and Customs; and are hereby authorized to do all such Act and Acts, and execute all such Power, as is or hath been formerly granted to the Committee of the Navy and Customs, by any Order or Ordinance of both Houses of Parliament."
Ordinance for improving sequestered Lands, and for giving an Accompt of their Values.
"Ordered, by the Lords and Commons assembled in Parliament, That all Committees of Sequestration, in the several Counties of England and Wales, do take Care that all sequestered Lands, in the said several Counties, be improved to the utmost Values; and that they put in Execution the former Orders made by both or either of the Houses of Parliament concerning the same; and that they speedily deliver in an Accompt of all sequestered Lands and Goods within the said Counties, and what hath been made thereof, and how the same have been disposed, according to the Ordinances made for Accompts, unto the several Sub-committees of Accompts in the said several Counties, before the First Day of March next ensuing; or otherwise deliver in all their Accompts aforesaid, unto the Committee for taking the Accompts of the whole Kingdom, before the Five and Twentieth Day of March next coming."
"An Ordinance of the Lords and Commons assembled in Parliament, for defraying the Salaries of the Officers, and necessary incident Charges, of the Committee and Sub-committees for taking the Accompts of the whole Kingdom.
Ordinance to defray the Salaries and Charges of the Committee for Accompts, and their Officers.
"Whereas the Arrears due unto the State, upon several Accompts, out of which the Salaries of the several Registers, Accomptant, and other Officers, of the Committee and Sub-committees for taking the Accompts of the whole Kingdom, and the necessary incident Charges of the Committee and Sub-committees, for House Rent where they sit for that Service, Books, Paper, and the like, should be defrayed, have been by divers late Ordinances of Parliament disposed of in most Counties, to the Use of the said Counties, or otherwise, or else are payable to proper Treasurers formerly appointed by Order or Ordinance of Parliament, whereby the Taking of the said Accompts is much obstructed, and like to fall to the Ground, for Want of Monies, to defray the Officers Salaries, and the necessary incident Charges of the said Committee and Sub-committees: Be it therefore Ordained, by the Lords and Commons assembled in Parliament, That the Chamberlain of London for the Time being shall have Power to receive Arrears due upon any Accompt taken before the Committee for taking the Accompts of the whole Kingdom; and that the several Treasurers appointed by the Committee and Sub-committees of Accompts, in any County, to receive the Arrears due upon Accompts within the said County, shall have Power and Authority, by virtue of this present Ordinance, to receive all Arrears discovered and found by them to be due upon any Accompt taken by them in those respective Counties, notwithstanding any former Ordinance or Ordinances to the contrary; and the said Chamberlain of London and the said Treasurers shall, from Time to Time, out of the said Arrears, pay unto the several Officers, and other Persons employed by the said Committee and respective Sub-committees, such Sum or Sums of Money, for their Salary and Pains, as have or shall be allowed them, according to the Ordinance of the 26th of June, 1645, and to defray the necessary incident Charges of the said Committee and Sub-committees, for House Rent where they sit for that Service, Books, Papers, &c. and shall pay all the Overplus of the said Arrears (if any be) unto the proper Treasurers appointed by any Act or Ordinance yet in Force, to the Uses therein limited; and that, in case the Arrears due upon Accompts payable to the Chamberlain of London shall not be sufficient to defray the said Salaries and necessary incident Charges of the Officers of the Committee for taking the Accompts of the whole Kingdom, that then the Fifteeen Hundred Pounds formerly appointed to be paid unto them out of the Excise, by an Ordinance of the 15th Day of June last past, shall be paid to them accordingly; otherwise the said Ordinance for the said Fifteen Hundred Pounds shall be void and null.
"Provided, That the several Sums of Money to be issued out for the Payment of the Salaries of the Officers of the Committee and Sub-committees for taking the Accompts, and the incident Charges aforesaid, shall be from Time to Time issued out, by the said Chamberlain of London and the several respective Treasurers aforesaid, by Warrant under the Hands of the Committee for taking the Accompts of the whole Kingdom, or any Five of them, to such Person or Persons as shall be comprized in the said Warrants; and that the said Warrant or Warrants, together with the Acquittance or Acquittances of the said Person or Persons therein comprized, shall be a sufficient Discharge unto the said Chamberlain and Treasurers, for the several Sums so issued."
Paper from the Scots Commissioners, that they do not agree to the Bills being sent to the King for the Royal Assent, previous to any Treaty; —and pressing for a Personal Treaty with the King at Westminster.
(fn. 3) "Wee have perused the Instructions communicated unto us on Tuesday in the Afternoone wherein the Commissioners of both Houses appointed to goe to the King are commaunded to present unto His Majesty Fower Bills, concerning the setlinge the Militia of England and Ireland in both Houses of Parliament; an Act for justifying the Proceedings of Parliament in the late Warre; and declareinge all Oathes, Declarations, Proclamations, and other Proceedings against the Parliament, to be voyd; concerning Peeres lately made or hereafter to be made; and a new Proposition for the Adjournments of both Houses: To which Bills they are comaunded to desire His Majesty's Assent, by His Letters Patents under the Greate Seale of England, and not otherwise; and, after His Majesty's Assent to those Bills, the Houses of Parliament will send a Committee of both Houses, to treate with His Majesty in the Isle of Wight, upon the Remainder of the new Propositions.
"To all which we answere, That, although there be nothing which wee more passionatly desire, then a happy Peace and good Agreement with the Kinge; yet wee cannott agree to this Way of desireing His Majesty's Assent to those Fower Bills, before any Treaty with His Majesty upon other Propositions; it being in our Judgment neither for the Good of Religion, the King, or Kingdomes.
"And, first, concerning Religion; wee say, That in January, 1648, it was agreed on betwixt the Houses of Parliament and us, before the Treaty at Uxbridge, ["That the Propositions concerning Religion, the Militia, and Ireland, shal be treated upon alternis vicibus, begining first with the Proposition of Religion; and that, as it is of most Excellency, soe it is to be sought after, and finally agreed upon in the First Place, before any finall Agreement be made upon any of the other Propositions."] Wee are very sure, the Houses had farr greater Reason at that Tyme to looke to their Security, and to desire the Proposition for setling the Militia to be first agreed on, when the King had an Army in the Feild; then now, when they have a strong Army, and He hath none at all: And upon the other Part, the Danger to Religion is now much greater then at any Tyme before, when Men in Armes are demaunding a Toleration of all Sorts of Religions (Popery excepted). And if first of all it should be agreed on that the Continuance of such an Army shal be setled by Lawe; wee desire it may be equally considered, what Good can be expected from a Treaty upon Religion, or what Hope shall remaine of setling it according to the Covenant. Wherefore wee cannott consent to the sending any Propositions, or Bills, to be a Security for setlinge Peace without Truth; which hath bin acknowledged both by His Majesty and the Houses, in all former Treatyes or Messages, to be the best and most solid Foundation of a lasting Peace. And wee must still presse that there may be a Preference of those Desires which are for setling Religion and the Government of the Church, the Want whereof is the Cause of the Sects and Hereseyes which doe multiply and increase daily, to the Disturbance of all Order and Peace both in Church and State.
"As this Way is not for the Good of Religion, soe it cannott in Reason be conceived that it shal be acceptable to the King: For how cann it be expected that He will graunt those Things for a Personall Treaty (whereof the Issue is uncertaine), which He hath ever hitherto denyed, even to obtayne a Peace; especially when, after all His Majesty's earnest Desires, He cannott be admitted to come to London, nor upon any Termes to have a Treaty here, in respect the Houses conceive that the King's Presence with them at this Tyme stands not with the Safety and Security of the Parliament and Kingdome; but that the King's Assent to the Fower Bills must be by Commission, and thereafter a Treaty upon the rest of the Propositions at the Isle of Wight? Or can it be looked for, that He will give the whole and sole Power of the Militia, for Himselfe and His Posterity, to the Houses, for their Security, and to be disposed of as they shall thinke fitt; and shall have noe Security at all to Himselfe, or any Assurance that He shal bee restored to His Rights and Government? It is much more probable that He will thinke He hath already offered sufficient Security, in His late Message from Caresbrook Castle, of the 16th of November, wherein He is content that all Power of the Militia be setled in the Houses of Parliament dureinge His Raigne.
"Neither is this Way, in our Apprehension, for the Good and Safety of the Kingdomes; that an Army holding such Principles as they doe concerning Religion, and in relation to the setling the Government and Peace of the Kingdomes, and which (without any knowne Authority from the Parliament) hath increased their Number to the Double of what they are allowed by Order of Parliament (and in their late Representation doe acknowledge their Supernumeraryes to aboute Twenty Thousand); that such an Army (wee say) shal be perpetually established, when there are noe Forces to oppose the Parliament; and that the Subjects shal be obliged, by a Lawe, for ever to submitt to a Military Power, and pay what Moneys shall be demaunded for their Maintenance: Whatsoever it may seeme to others to be, in our Sense it doth neither agree with the Rules of Policy nor Safety.
"Wee did desire to see the Fower Bills to be presented to His Majesty (soe much the rather, that from the Tytle of the Bill for the Militia wee perceive that it doth extend to the setling and mayntayning of Forces in the Towne of Berwicke, contrary to the large Treaty betwixt the Kingdomes); and wee did represent that these Bills, being assented unto by the King, would be a reall Security, and the makeing an Agreement for Peace, which, according to the Treaty betwixt the Kingdomes, cannott be done without the mutuall Advice and Consent of both: To which, the Houses did Yesterday retourne as their Answere, "That the Priviledges, Right, and Custome of the Kingdome and Parliament of England is, That Bills passed both Houses to be presented to the King for His Royall Assent, are not to be comunicated to any other whatsoever, either in relation to Matter or Forme, before His Answere thereunto given; and that there is nothing contayned in any Article of Treaty betwixt the Kingdomes to the contrary." Whereunto wee make this Reply, That the Bills mentioned in the 11th Section of the Propositions of Peace, presented to His Majesty at Oxford, in Anno 1644, were comunicated unto us before they were sent to the King; and, upon Perusall of them, wee did desire that nothing might be in those Bills contrary to the Covenant, or the Reformation and Uniformity to be setled: Upon Consideration whereof, the House of Commons gave us this Answere, "That the Reformation and Uniformity desired is already provided for, in One of the Propositions, to which nothing contayned in those Bills could be any Prejudice; but should hereafter be regulated as the said Reformation and Uniformity shal be thought fitt to be setled." Alsoe the Bill for abolishing Episcopacy was comunicated unto us, and afterward debated upon by His Majesty's Commissioners and the Commissioners of both Kingdomes at Uxbridge. Wee thought fitt to give these Instances, to shew that it hath not alwayes beene the Custome of both Houses, not to comunicate their Bills before His Majesty's Answere were given thereunto. Yet it is noe wayes our Desire to medle with the Frameing of your Lawes, or adviseing the Forme of your Bills. We shall ever be tender of any just Priviledge of Parliament; but that it should be said there is nothing contayned in any Article of Treaty betweene the Two Kingdomes which requires the Comunication of the Matter in any Bills, is to us very strange. It is agreed upon betwixt the Kingdomes, That noe Cessation, nor any Pacification, or Agreement for Peace whatsoever, shal be made by either Kingdome, or the Armyes of either Kingdome, without the mutuall Advise and Consent of both Kingdomes. Supposes the Houses of Parliament should turne all their Desires for Peace into Bills, and should say that the Bills cannott be comunicated to the Kingdome of Scotland, either in relation to Matter or Forme; wee desire to knowe, and lett any rationall Man judge, whether this were not an Eluding and cleere Violation of the Treaty. Neither can it in this Case be a sattisfactory Answere, That the Houses of Parliament doe only send Fower of the Propositions in Bills to His Majesty; for every One of the Propositions is a Proposition for Peace, and an Agreement made upon any One of them is an Agreement for Peace; and, which is much more, there are none of the Propositions which in their owne Nature doe soe immediatly concerne the setlinge of a Peace, as these Fower Propositions: And what can be called an Agreement for Peace, if this be not? When the King, by His Assent, shall justify the Proceedings of the Parliament in the late Warre, and make all Oathes, Declarations, Proclamations, and other Proceedings against it, to be voyd; when, by Act of Parliament, He shall setle the Power of all Forces by Sea and Land into the Houses of Parliament, and alsoe to raise Moneys for their Maintenance; when He shall consent that all Peeres made, or hereafter to be made, shall not sitt or vote in Parliament without Consent of both Houses; and when He shall give Power to the Houses to adjourne at their Pleasure: If then the King's Assent to those Bills be an Agreement for Peace (as wee hope wee cannott in reason be denyed), our Advice and Consent ought to be had therein before they be sent to the Kinge; and otherwise the Treaty is violated.
"As wee cannott agree to this Way of sending these 4 Bills to His Majesty for His Assent before any Treaty upon the rest of the Propositions; soe wee are extreamly unsattisfyed with the Matter of those new Propositions lately communicated unto us, for the Reasons expressed in our Answere unto them; which wee doe herewith deliver unto your Lordships, to be presented to both Houses of Parliament: And wee do desire that they will take the whole Busines into their further Consideration; and that there may be a Personall Treaty with His Majesty here at London, upon such Propositions as shal be agreed on with Advice and Consent of both Kingdomes, according to the Treaty.
"By Commaund of the Commissioners for the Parliament of Scotland.
17 Decembris, 1647.
Ordinance for putting Papists and Delinquents out of the Lines, and 20 Miles distant.
"The Lords and Commons assembled in Parliament do declare and ordain, and be it by Authority of Parliament Ordained and Declared, That all Papists whatsoever, and all Officers and Soldiers of Fortune, and all other Persons whatsoever, that have borne Arms against the Parliament, or have adhered to, or willingly assisted, the Enemy in this late War, not being under Restraint, and not hereafter excepted, shall, at or before the 23th Day of this Instant December, depart the Cities of London and Westm'r, and the late Lines of Communication, and all other Places within Twenty Miles of the said late Lines of Communication; and if any of the Persons aforesaid shall continue within the said Lines, or within Twenty Miles Distance of the said late Lines of Communication, after the said 23th Day of this Instant December, such Person or Persons shall be apprehended, imprisoned, and proceeded against as Traitors.
"And, for the better Execution of this Ordinance, it is further Ordained and Declared, by the said Lords and Commons, and by Authority of Parliament, That the Lord Mayor of the City of London, and all Justices of Peace within the said City and Liberties thereof, and the Committee of the Militia of the said City, or any Two or more of them, and the Justices of Peace of the several Counties of Midd. Hertford, Essex, Kent, and Surrey, and of the City of Westm'r and Liberties thereof, and the several Committees of the Militia of the said City of Westm. and Liberties thereof, and of the Borough of Southwarke, Hamlets of The Tower, and Suburbs, or any Two or more of them, in their respective Liberties and Jurisdictions, shall and may, and are hereby authorized and required to, make Search for, and apprehend, or cause to be apprehended, all Papists and Popish Recusants whatsoever, and all Officers and Soldiers whatsoever, that have borne Arms against the Parliament of England, or have adhered to, or willingly assisted, the Enemy in this late War, that are or shall be found within the said Cities of London and Westm'r, and Suburbs and Liberties thereof, or within the said late Lines of Communication, or Twenty Miles distant thereof, after the said 23th Day of this Instant December; and all such Persons, so apprehended and taken, and brought before them or any Two of them as abovesaid, to imprison, or commit to some common Gaol or Prison, or safe Custody; and all Sheriffs, Bailiffs, Constables, and all other His Majesty's Officers and Subjects, are to be aiding to the said Justices of Peace, and Committees of Militia, in Execution of this Ordinance; and in case any Gaoler, Constable, or other Officer, to whom any the Persons aforesaid shall be committed, shall permit such Person or Persons to go at Liberty, without a special Warrant or Discharge of the said Lord Mayor, Justices of Peace, or Committees of Militia, by whom they were so committed, that the same shall be taken and adjudged an Escape; and such Gaoler, Constable, and other Officer, shall be proceeded against and punished as for an Escape, according to Law.
"And this Ordinance is to continue for the Space of Six Months, from the said 23th Day of this Instant December.
"Provided, That nothing in this Ordinance shall extend to such Persons aforesaid, who, having their Habitations within the Lines of Communication, or within the said Space of Twenty Miles, have made their Compositions, and paid in or secured their Fines, or have taken the Negative Oath and Covenant, or that shall be authorized by both Houses of Parliament, or, being really attending their Compositions at Gouldsmiths Hall, shall be permitted by the Committee of Lords and Commons for Compositions there to continue within the said late Lines of Communication, for the perfecting their said Compositions."
Herle to be V. Adm. of the N. of Cornwall.
"The Lords and Commons assembled in Parliament do nominate, appoint, and constitute, Captain Edward Herle, who hath eminently testified his Affection to the Parliament, to be Vice Admiral of the North of Cornwall, in the Place of John Trefusis, late Vice Admiral there, and since deceased."
Ordinance for the Subsidy of Tonnage and Poundage.
(fn. 4) "Die Jovis, 16 Decem. 1647.
"An Ordinance of the Lords and Commons assembled in Parliament, for the establishing of the Subsidy of Tonnage and Poundage, together with the Book of Rates, from the 26 of March, 1648, until the 26 of March, 1651.
"Whereas a Bill passed both Houses of Parliament, intituled, "A Subsidy granted to the King, of Tonnage and Poundage, and other Sums of Money payable upon Merchandizes exported and imported," whereby the said Subsidies and Sums of Money were granted, to continue from the First Day of July, One Thousand Six Hundred Forty and Two, unto the First Day of March then next coming, with divers Clauses and Provisions therein contained: And whereas, the said Bill not taking Effect, there passed an Ordinance of Parliament, intituled, "An Ordinance of Parliament concerning the Subsidy of Tonnage and Poundage," whereby the said Sums are directed to continue from the said First Day of July, unto the First Day of March then next ensuing, by Way of Loan; which Ordinance, by a later Ordinance, of the One and Twentieth of January, One Thousand Six Hundred Forty-two, was ordered to stand and continue in full Force and Power, from the expiring of the former Ordinance, until the Six and Twentieth Day of March, One Thousand Six Hundred Fortyfour; and from thence, by another Ordinance of the Lords and Commons assembled in Parliament, of the Eighteenth of September, One Thousand Six Hundred Forty-three, to continue till the Five and Twentieth Day of March, One Thousand Six Hundred Forty-five: And whereas, by another Ordinance of the Lords and Commons assembled in Parliament, of the One and Twentieth Day of February, One Thousand Six Hundred Forty-four, it is Ordained, That the said First Ordinance, intituled, "An Ordinance of Parliament concerning the Subsidy of Tonnage and Poundage," together with the Book of Rates lately agreed on by the Commons House of Parliament, and by their Order published in Print, and all and every the Articles and Instructions in the said Ordinance and Book of Rates specified and contained; shall stand and continue in full Force, from the said Five and Twentieth Day of March, One Thousand Six Hundred Forty-five, inclusive, for and until the Six and Twentieth Day of March, One Thousand Six Hundred Forty-seven, exclusive: And whereas, by another Ordinance of the said Lords and Commons assembled in Parliament, of the Thirteenth of March, One Thousand Six Hundred Forty-six, it is ordained, That the respective Ordinances of Parliament concerning the Subsidy of Tonnage and Poundage, dated the First of July, One Thousand Six Hundred Fortytwo, and the One and Twenty of February, One Thousand Six Hundred Forty-four, together with the Book of Rates agreed on by the House of Commons, and by their Order published in Print, and all and every the Clauses, Articles, and Instructions, in the said Ordinances and Book of Rates set down, shall continue and stand in full Force and Virtue, from the Twenty-sixth of March then next inclusive, unto the Twenty-sixth of March, which shall be in the Year of our Lord God One Thousand Six Hundred Fortyeight, inclusive, as by the said Bill and several Ordinances may appear: And whereas some Questions have been made and raised, touching the Constructions of the said Ordinances, and the Power thereby given to the Commissioners, Collectors, and other Receivers of the said Sums, whereby divers Arrears thereof have incurred, and been neglected to be paid: For Remedy and Settling whereof, it is Declared and Ordained, by the Lords and Commons assembled in Parliament, That the said several Sums called Tonnage and Poundage, and other Sums of Money in the said recited Bills and Ordinances mentioned to be granted, shall be adjudged, deemed, and taken, to be due and payable, and all Seizures heretofore made for Non-payment of any of the said Sums shall be adjudged good and effectual; and that such and the like Forfeitures shall be adjudged to accrue and grow, for or by reason of any Non-payment of any of the said Sums of Money, which have happened, or shall happen, at any Time after the End of the said Five and Twentieth Day of March, One Thousand Six Hundred Forty-five, until the Six and Twentieth of March, One Thousand Six Hundred Forty-eight; and such and the like Prosecutions for the said Sums of Money, Seizures, and Forfeitures, as if the said Bill and the Matters therein contained had passed as an Act or Ordinance of Parliament, to have had Continuance from the said First Day July, One Thousand Six Hundred Forty-two, until the said Six and Twentieth Day of March, One Thousand Six Hundred Forty-eight: Provided, That this present Ordinance, or any Thing therein contained, shall not be construed to make or cause any Forfeiture of any Goods or Merchandizes imported or exported before the Five and Twentieth Day of March, One Thousand Six Hundred Forty-five, for which no Seizure hath been made for Non-payment of the said Duties, nor to charge any Goods or Merchandizes with any Double Payment, or any way to impeach or take away the said Allowance of Fifteen Pounds per Centum in the said first recited Ordinance contained.
"And the said Lords and Commons assembled in Parliament, taking into further Consideration the Necessity of the Continuance of the several Fleets of Ships abroad at Sea, for the Safety of the Realm, do further ordain, That, for all Goods and Merchandizes exported and imported, there shall be paid, for and in the Name of Tonnage, the Sums of Money hereafter mentioned; that is to say, Of every Tun of Wine of the Growth of France, or of any of the Dominions of the French King, or Crown of France, that shall come into the Port of London and the Members thereof, by Way of Merchandize, by the natural-born Subjects of this Realm of England and Dominions thereof, the Sum of Four Pounds Ten Shillings of current English Money, and so after that Rate; and by Strangers and Aliens, Six Pounds of like Money; and of every Tun of the like Wine brought into all and every other Ports and Places of this Kingdom, and Dominions thereof, by Way of Merchandize, by the natural-born Subjects thereof, the Sum of Three Pounds; and by Aliens, Four Pounds Ten Shillings: And of every Butt or Pipe of Muskadels, Malmeseyes, Cutes, Tents, Allicants, Bastards Sacks, Canaries, Malligoes, Maderaes, and other Wines whatsoever, commonly called Sweet Wines, of the Growth of The Levant, Spaine, Portugall, or of any of the Islands or Dominions to them or any of them belonging, or elsewhere, that shall come or be brought into the Port of London by the said natural-born Subjects, the Sum of Forty-five Shillings of current English Money, and so after that Rate; and by Aliens and Strangers, Three Pounds of like Money; and of every Butt and Pipe of the like Wines brought into all and every the other Ports and Places of this Kingdom, and Dominions thereof, by Way of Merchandize, by the natural-born Subjects thereof, the Sum of Thirty-Shillings; and by Strangers, Forty-five Shillings: And of every Awine, containing Forty-two Gallons, of Rennish Wine, or Wine of the Growth of Germany, brought, or that shall be brought, into this Realm, and Dominions thereof, by the natural-born Subjects thereof, the Sum of Twenty Shillings of current English Money; and by Strangers and Aliens, the Sum of Five and Twenty Shillings; and so after those Rates for every greater or lesser Quantity of the said several Sorts of Wines: And that there shall likewise be paid One other Duty, called Poundage, (that is to say) for all Manner of other Goods and Merchandizes of every Merchant, natural-born Subject, Denizen, and Alien, to be carried out of this Realm, or any the Dominions to the same belonging, or brought into the same, by Way of Merchandize, of the Value of every Twenty Shillings of the same Goods and Merchandizes, according to the several and particular Rates and Values of the same Goods and Merchandizes, as the same are particularly and respectively rated and valued in the aforementioned Book of Rates, and the Instructions thereunto annexed, the Sum of Twelve Pence, and so after that Rate; and of every Twenty Shillings Value of any of the native Commodities of this Realm, or Manufactures wrought of any such native Commodities, to be carried out of this Realm, by every or any Merchant Alien, according to the Value thereof in the said Book expressed, Twelve Pence over and above the Twelve Pence aforesaid, except for all Manner of Woollen Cloths made or wrought, or to be made or wrought, within this Realm of England, and the Dominions thereof, commonly called Old Draperies; and all Wines before limited to pay Tonnage as aforesaid; and all Manner of Fish, English taken, and brought by English Bottoms into this Realm; and all Manner of Fresh Fish and Bestial that shall come into this Kingdom, and the Dominions thereof.
"And also be it further Ordained, That there shall be paid for every Short Woollen Cloth to be exported, by any natural born Subject of this Realm and Dominions thereof, called Broad Cloth, not exceeding Eight and Twenty Yards in Length, and Threescore and Four Pounds in Weight, the Sum of Six Shillings Eight Pence of current English Money; and of every Cloth of greater Length and Weight proportionably, according to the same Rate; and of every other Short Cloth of Old Drapery, of lesser Length and Weight, accounting so many Pieces to a Short Cloth as are limited and appointed thereunto in the Book of Rates aforesaid, to be likewise exported by the said natural-born Subjects, the like Sum of Six Shillings Eight Pence, and so after that Rate; and by Strangers and Aliens there shall be paid Thirteen Shillings Four Pence for every Short Cloth accounted as aforesaid; which several Rates are accordingly expressed in the said Book of Rates: The same Payments to be well and truly had and made, and be continued from the Six and Twentieth Day of March, which shall be in the Year of our Lord One Thousand Six Hundred Forty-eight, inclusive, until the Six and Twentieth Day of March, which shall be in the Year of our Lord One Thousand Six Hundred Fifty and One, inclusive.
"And it is further Ordained, by the Authority aforesaid, That if any Wines, Goods, or other Merchandizes, whereof any of the Duties or Sums of Money aforesaid shall be due or payable, shall, at any Time hereafter, after the Six and Twentieth Day of March, in the Year of our Lord One Thousand Six Hundred Forty-eight, inclusive, until the Six and Twentieth of March, which shall be in the Year of our Lord One Thousand Six Hundred Fifty-one, inclufive, be shipped or put into any Boat, or other Vessel, to the Intent to be carried into the Parts beyond the Seas, or to be laden in any other Ship or Vessel so to be transported, or else shall be brought from the Parts beyond the Seas into any Port, Place, or Creek of this Realm, or other His Majesty's Dominions, by Way of Merchandize, and unshipped to be laid on Land; the said Duties or Sums of Money, due or to be due for the same, not paid or lawfully tendered to the Commissioners and Collectors for the Customs for the Time being, or One of them, or their Deputies, or Agreement with them or any of them made for the same, in the open Custom-house, with the Privity or Agreement of the Comptroller and Surveyor there, or One of them, according to the true Meaning of this Ordinance; that then, from the Six and Twentieth of March, which shall be in the Year of our Lord One Thousand Six Hundred Forty-eight, all the said Wines, Goods, and Merchandizes whatsoever, shall be forseit and lost, the One Moiety to be to him or them that shall or will seize or sue for the same, and the other Moiety or Value thereof, or Fine or Composition for the same, to be paid to the Commissioners and Collectors of the Customs for the Time being, for the Use of the Navy, or to such Use as the said Two Houses of Parliament shall from Time to Time limit and appoint; and such Goods, so seized, to be from Time to Time, by the Seizer thereof, registered with the Officer thereunto appointed, or to be appointed, in the Customhouse of London.
"And, for preventing all Fraud, in and about all such Goods, Wares, and Merchandizes, as shall be carried or passed between Port and Port, within this Kingdom, or the Dominions thereof, be it further Ordained, by the Authority aforesaid, that no Person or Persons shall hereafter ship or carry any Goods or Merchandizes prohibited, or whereof any of the Duties aforesaid are payable, to discharge the same in any other Port or Place of this Realm, unless such Person or Persons do, before the Shipping thereof, declare and manifest to the said Commissioners of the Customs, or any One or more of them, or their Deputy, together with the Customer or Comptroller of the said Port or Creek where the same shall be shipped, in the open Custom-house, the Nature, Length, Weight, Number, or other Contents and Value, of the same Goods; and, with Approbation of the said Commissioners, or One of them, and the Officers or their Deputy, shall also make and enter into a sufficient Obligation in the Law, in the which he shall be bound to the King, with sufficient Sureties, in such Sum as shall amount to the Double Value of the said Goods so declared and manifested; with Condition, That the same shall be discharged at some Port or Creek within this Realm, and in no other Place; which Bonds the said Commissioners and Officers are hereby required and authorized to take accordingly: And in case any of the said Goods or Merchandizes shall be shipped or laden in any Ship, or other Vessel, to be carried or passed between Port and Port as aforesaid, before such Declaration shall be made and Security given as aforesaid, that then all and every the said Goods and Merchandizes shall be forfeit and lost, the One Moiety, or the Value thereof, to be to him or them that will seize or sue for the same, and the other Moiety or Value thereof, or Fine or Composition for the same, to be paid to the Commissioners and Collectors of the Customs for the Time being, for the Use of the Navy, or to such Use as the said Houses of Parliament shall from Time to Time limit and appoint: And be it further Ordained and Declared, That every Person and Persons that shall ship such Goods, and shall be bound as aforesaid, shall, within Four Months next after the Shipping thereof, bring a true Certificate from the Customer or Collector of the said Port, Creek, or Place, where he or they shall happen to discharge the said Goods, together with the Commissioners for the Customs, or One of them, or their Deputy there, testifying, That the same Goods so shipped, and the true Nature, Length, Weight, Number, or other Content or Value thereof, is there discharged; which Certificate the Customer of such Place where the said Goods shall be discharged shall, upon the Discharge thereof, deliver to the Party so discharging the same, or to his Factor, without any Delay.
"And it is further Ordained, by the said Lords and Commons, That if any Goods or Merchandizes aforesaid, of any Merchant born Denizen, within the Time aforesaid, hath been or shall be taken by any Enemies or Pirates upon the Seas, or perish in any Ship or Ships happening to be taken or perished, whereof the Customs or Subsidies shall be duly paid or agreed for as aforesaid, and that duly proved in His Majesty's Court of Exchequer, by the Examination of the Merchants (if living), or of their Executors or Administrators (if dead), or by Two credible or other reasonable Withnesses, and Proof sworn, then the same Merchants, their Executors or Administrators, shall or may, in the same Port where the Goods so taken, lost, or perished, were formerly customed, newly ship so much other Merchandizes or Goods, without paying any Custom or Subsidy for the same, as that the Custom or Subsidy of the said Goods to be newly shipped shall amount unto the Custom or Subsidy formerly paid for the said Goods or Merchandizes so taken, lost, or perished as aforesaid; so as the same Proof be recorded and allowed of in the said Court of Exchequer, and certified by His Majesty's Remembrancer of His Exchequer, or of One of the Sworn Clerks of the same Court, to the said Commissioners for the Customs, or their Deputy Collector, in the Port where the same Wares are to be so newly shipped, without Custom as aforesaid; and further, that every Merchant Denizen, shipping any Goods or Merchandizes in any Carrack or Galley shall pay all Manner of Customs and Subsidies as any Alien born out of this Realm.
"And it is further Ordained, by the said Lords and Commons, That the Commissioners and Collectors of the Customs for the Time being, and such Sworn Deputy and Deputies as by Writing under their Hands they already have or shall from Time to Time hereafter thereunto appoint, are authorized and enabled to collect and receive all such Sum and Sums of Money, which, from and after the Six and Twentieth of March, which shall be in the Year of our Lord One Thousand Six Hundred Forty-eight, inclusive, until the Six and Twentieth of March, which shall be in the Year of our Lord One Thousand Six Hundred Fifty-one, inclusive, according to this present Ordinance, and the true Intent and Meaning thereof, shall be payable or paid by virtue of this present Ordinance, for or in regard of all or any Goods or Merchandizes, within the Time aforesaid, to be exported out of, or imported into, the Port of London, and all or any other Ports, within the Realm of England, Dominion of Wales, and Town of Barwick, or the Creeks or Members thereof, in such Manner as the Duties of Tonnage and Poundage have been formerly, by the late Farmers or other Commissioners and Collectors of the Customs, received or collected, and also all the Forfeitures aforesaid; which said Commissioners, and their aforesaid Deputy and Deputies; or any One of them, shall have full Power and Authority to give Allowance, by Way of Defalcation, out of the said Receipts, for the Customs and Duties aforesaid, after the Rate of Fifteen per Centum, out of all such Monies as by virtue of this present Ordinance shall be received or collected as aforesaid; all which Monies the said Commissioners, their Deputy or Deputies, shall receive upon Accompt, and shall from Time to Time issue out the same, as the said Commissioners shall be authorized by Order of the Lords and Commons in Parliament, or by Order signed by Five at the least of the Committee of the Commons House of Parliament for the Navy and Customs, sitting the said Committee, for the Use of the Navy, and such Fleet or Fleets which shall be then at Sea, or hereafter shall be employed by Authority of both Houses of Parliament, for the Guarding of the Seas, and Defence of the Kingdom; and for other necessary Charges, for the managing of the Service aforesaid; whose Order, from Time to Time, shall be their Discharge: And for the better Encouragement of the said Commissioners, the said Lords and Commons do further ordain, That whatsoever Act the said Commissioners, their Deputy or Deputies, or any of them, shall do in Execution of this present Ordinance, or any other Ordinances of both Houses of Parliament now in Force, concerning the said Tonnage and Poundage, or other Affairs of the Customs, and of certain Articles and Rules for the better Regulating of the Customs, and Officers attending the same, heretofore prescribed, as well by the House of Commons as the Committee for the Navy of the said House; and whatsoever Monies they shall receive and issue out by virtue of the same, they the said Commissioners, their Heirs, Executors, and Administrators, shall be acquitted, discharged, and kept harmless, by Authority of Parliament, from any further Question or Account whatsoever, either to His Majesty, His Heirs or Successors, in His Exchequer or elsewhere, or to any other Person or Persons, saving the said Lords and Commons, or whom they shall appoint.
"And for the better managing of the said Customs and the Affairs thereof; it is further Ordained, by the said Lords and Commons, That the said Book of Rates, and all and every the Articles and Instructions therein contained, or thereunto annexed, shall continue in full Force during the Continuance of this present Ordinance; which said Orders and Instructions, as also all such Orders and Directions as they the said Commissioners shall from Time to Time receive from both Houses of Parliament, or the aforesaid Committee of the Navy, the said Commissioners for the Customs shall observe and follow: And the said Commissioners, or the major Part of them, shall have Power to punish all inordinate Officers or Persons under their Charge, which are or shall be employed in the Affairs of the Customs, and shall be found wilfully negligent or corrupt in the Execution of the Trust committed to them, either by Suspension or Dismission from their said Employment: And for the better carrying on of the said Service, and discovering of such Frauds and deceitful Practices relating to the said Customs as by sundry ill-disposed Persons are daily attempted and practised, as well by Exportation of several Sorts of Goods and Merchandizes by the Laws of this Kingdom prohibited to be exported, as by shipping and landing of Goods and Merchandize which ought to pay the Duties aforesaid, without the due Payment thereof, or compounding for the same, as is before directed, to the great Prejudice of the State.
"And for the due Punishment, as well of such Offenders, as of all such as shall be refractory or disobedient to this present Ordinance, or any other Laws or Ordinances made concerning the Customs, or shall abuse or affront the said Commissioners, or any their Deputies, in the Execution of the Trust committed to them, the said Lords and Commons do further ordain, That an Ordinance of both Houses of Parliament, bearing Date the Fourteenth Day of April, One Thousand Six Hundred Forty-five, relating to the said Commissioners and their Deputies, be continued in full Force; and the said Commissioners, or the major Part of them, are hereby further enabled to call before them any Person or Persons whom they shall think fit, to inform and testify touching the Premises; and to examine any such Person, other than the Party himself, upon Oath, if Need require, which Oath the said Commissioners, or the major Part of them, or such of their Deputies Collectors in the respective Out Ports as they shall appoint under their Hands and Seals, are hereby enabled to administer, for the better Discovery of any Fraud, Guile, Force, or Misbehaviour, in the Premises; and, as Occasion shall require, to transmit such Offenders, together with such Examinations, relating to such Misdemeanors wherewith he or they shall be chargeable or charged, as shall be taken as aforesaid, unto the Committee of Lords and Commons for regulating of the Excise; who are hereby authorized, upon hearing the said Charges and Examinations there taken, or such other Proof as shall be made before them, to punish such Offenders, as in Cases touching Excise, as to them in their Discretion shall seem meet.
"And the said Lords and Commons do hereby require and enjoin the said Commissioners for the Customs, and all their Deputies and Officers, in all Ports and Places throughout the Kingdom of England, Dominion of Wales, and Town of Barwick, to apply themselves to the Collection of the Duties aforesaid, and Execution of this Ordinance, and such other Laws and Ordinances as are in Force concerning the Customs.
"And if, in the due and vigorous Execution thereof, any Tumults, Riots, or other Opposition, shall be hereafter attempted or acted, against the said Commissioners, or any their Deputies or Under Officers, or others acting in their Aid and Assistance; the said Lords and Commons do further order and enjoin, 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, be aiding and assisting unto the said Commissioners, and their Deputies and Officers respectively, in the Collection of the said Duties; and in suppressing of all Tumults, Riots, and Disorders raised against them, or any of them, in the Execution of this present or any other Ordinance of Parliament relating to the Customs as aforesaid.
"And the said Lords and Commons do further require and enjoin, That no Governor or Commander of any Garrisons, Towns, Castles, or Forts, under the Service of the Parliament, shall seize upon, or any Ways anticipate from, the said Commissioners, or their Deputies Collectors, in the several Ports within the Places aforesaid, any of the Monies arising by the said Customs, nor protect any Person or Persons from paying thereof, upon any Pretence whatsoever; and that no Wharfinger, or Keeper of any Wharf, Crane, or Key, nor their Servants, nor any Porter, Carman, Waterman, or any other Person, do take up, or let down, or otherwise permit to be landed upon, or shipped off, his or their Wharf or Key, any Goods or Merchandize whatsoever, whereof the Duties aforesaid shall be due and payable; but in the Presence of One of the Deputies of the said Commissioners for the Customs, and at such Hours and Times only as by the Laws of this Land are in that Case limited and appointed, upon Pain of being proceeded against as Contemners of the said Ordinance and Power of the Parliament.
"And the said Lords and Commons do further ordain, That in every Action, Suit, Indictment, Information, or Prosecution, wherein or whereby the said Commissioners, their Deputies or Servants, or any others acting in Aid of them, are or shall be sued, indicted, prosecuted, or molested, it shall be lawful for all and every the said Persons, their Heirs, Executors, and Administrators, to plead the General Issue, and to give this, or any of the aforesaid Ordinances of Parliament relating to the Customs, in Evidence, in any of His Majesty's Courts of Justice, or other Court where the said Matter shall be depending; and the Judges of all the said Courts are hereby strictly required and enjoined to allow and admit of the same accordingly.
"Provided always, That it be lawful to all the Subjects of this Realm, and the Dominions aforesaid, at their Will and Pleasure, to carry and transport out of this Realm, in the Ships or other Vessels of any of the same Subjects, all and every Kind of Herrings, and other Sea Fish, to be taken upon the Seas by any of the Subjects aforesaid, out of any Port or Harbour of this Realm, to any Place out of the King's Dominions, without paying any Customs, Subsidies, or Poundage-money, for the same Herrings or Fish so carried or transported within the Time before mentioned; any Thing before contained to the contrary notwithstanding.
Provided also, and it is Declared, That this Ordinance, or any Thing therein contained, shall not be construed in any Sort to repeal an Ordinance lately made, for the Regulating of the Rates of Tobacco; nor to impeach the Composition-trade of Dover, provided for by the said Ordinance of the 21 of Febr. 1644.
"And likewise it is Ordained, by the Authority aforesaid, That the said Book of Rates, Orders, and Instructions, therein contained and thereunto annexed, together with the Tenor of this present Ordinance, and the said Ordinances and Bill herein recited, be transmitted, under the Great Seal of England, into the Exchequer, for Proceedings thereupon to be according to the Contents and Tenor of this Ordinance, and the true Intent and Meaning of the same: And the Commissioners of the Great Seal for the Time being shall and may, and are hereby authorized and required to, perform and do all Act and Acts, for the Transmission of the same, accordingly.
"And it is further Ordained, by the said Lords and Commons, That the Barons of the said Court of Exchequer, and all other the Officers and Ministers of the same Court respectively, for the Time being, do and shall, and are hereby authorized and required to, receive, and proceed to Judgement upon, any Bill, Plaint, or Information, which, according to the true Intent of this Ordinance, is or shall be prosecuted before them, touching any of the Matters herein contained, according to the Course of that Court heretofore used, when Tonnage and Poundage were at any Time formerly granted; and that the Chief Baron and other Barons of the Coif of His Majesty's Court of Exchequer, His Majesty's Attorney General, or Solicitor General, or any Three of them, whereof the said Attorney or Solicitor General to be One, shall and may compound for all such Seizures and Forfeitures, in and by this Ordinance limited and appointed to be paid to the Commissioners and Collectors of the Customs for the Time being, for the Use of the Navy, or to such Use as the said Two Houses of Parliament shall from Time to Time limit and appoint, as by the true Intent and Meaning of this present Ordinance, or of the said Ordinance of the 21 of February, have happened, or shall happen or accrue; and, upon such Composisition made, and Payment thereof, the said Court of Exchequer to give Judgement for the Discharge of such Forfeiture; and also that the same Court, or any of the Barons of the Coif there, shall and may give Licence to such Informer, to treat and compound with the Defendant for the said other Part of any such Seizure or Forfeiture: Provided also, That a certain Liquor, called Spirits, lately imported into this Kingdom from Foreign Parts, and not rated in the said Book of Rates, be henceforth rated, in regard of the Subsidy payable upon the Importation thereof, at Four and Twenty Pounds per Tun; and the said Subsidy, payable by this Ordinance upon the same, to be henceforth levied according to that Rate and Value, and so after that Rate for every greater or lesser Quantity thereof; and that a certain Silk Stuff called Sarsnets of Genoa, and other Silk Stuff called Pranellas, and all other Silk Stuffs of the like Fabric or Goodness, be henceforth rated; videlicet, the Broad at Eighteen Shillings per Ell, and the Narrow at Nine Shillings per Ell, and the Subsidy thereof to be henceforth levied according to those Rates.
"And Provided, That the Half Subsidy, by the Second Article of Instructions annexed to the said Book of Rates directed to be re-paid to Merchants upon Exportation of such Foreign Goods and Merchandize as had formerly advanced the Subsidy Inwards, in case the same shall not really be shipped out by the Importer thereof, and for his own Accompt, or by or for the Accompt of the First or Second Buyer thereof at the farthest, and the Truth thereof appear upon Oath before the Commissioners and Officers of the Customs, be henceforth forborne to be repaid by the said Commissioners of the Customs; the said Articles or Instructions notwithstanding.
"And Provided also, That the Half Subsidy heretofore re-paid to Merchants, upon Exportation of any Wines formerly imported, be likewise henceforth forborne to be paid.
"And Provided lastly, That in all Cases where any Goods or Merchandize, which, by the Intention of the Instructions annexed to the said Book of Rates, are to pass ad Valorem, the said Goods and Merchandize be henceforth rated and valued; (videlicet,) in the Port of London, by the said Commissioners of the Customs, or One of them, together with the Comptroller or Surveyor in the Port of London, or One of them, upon View of the said Goods; and in the Out Ports, by the Deputy Collector of the said Commissioners, together with the One of the said Officers in the respective Out-ports in like Manner; and that the Value of the said Goods be by them entered upon the Warrant signed by themselves, by which the said Goods are to pass; and the Subsidy or other Duties by this Ordinance payable for the same to be levied and taken according to that Rate and Value.
Die Jovis, 16 Decembr. 1647.
"Ordered, by the Commons assembled in Parliament, That this Ordinance concerning the Subsidy of Tonnage and Poundage be forthwith printed and published.
"Cler. Parl. D. Com."
House adjourned till 9 a cras.