House of Lords Journal Volume 9: 19 January 1648

DIE Mercurii, 19 die Januarii.

PRAYERS, by Mr. Whitacre.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Ordinance to prevent the Exportation of Wool, Fullers Earth, &c.

Ordinance sent up from the House of Commons, for the restraining of transporting or sending out of this Realm Wool, Wool Fells, Fullers Earth, &c. 2^a vice lecta. (Here enter it.)

Exped.

Orders from the H. C. for Concurrence.

Order sent up from the House of Commons, That no Wool of the Growth of Ireland shall be sent out of that Kingdom, but into Engl. and Wales.

(Here enter it.)

Exped.

Order sent up from the House of Commons, for the adding of Names to the Committee of Indemnity.

(Here enter it.)

Exped.

Order sent up from the House of Commons, concerning Public Collections. (Here enter it.)

Exped.

Order sent from the House of Commons, That Edward Games Esquire be Sheriff of the County of Brecon, was read, and Agreed to. (Here enter it.)

Order sent from the House of Commons, That Will'm Lloyde Esquire be Sheriff of the County of Carnarvon, was read, and Agreed to. (Here enter it.)

Order sent from the House of Commons, That Will'm Standen Esquire be Sheriff of the County of Berks, was read, and Agreed to. (Here enter it.)

Taylor to be instituted to Deane, &c.

Ordered, That Samuell Tayler Clerk, Master of Arts, have Institution and Induction to the Rectory and Parish Church of Deene, with Deenthorpe, in the County of Northampton.

Letter from the Lords under Restraint for sitting while the Speakers, &c. were with the Army, desiring to be released:

A Letter to the Speaker, from the Earl of Lincoln and other Lords under Restraint, excepting the Lord Hunsdon, desiring that they may have their Liberty, was read, as follows:

To the Right Honourable Edward Earl of Manchester, Speaker of the House of Peers pro Tempore; to be communicated to the Right Honourable the Lords in Parliament assembled.

My Lords,

After so long a Restraint by your Lordships Order, and no Prosecution of the Charge against us, we may expect from your Justice our Liberties; the which we shall enjoy with more Satisfaction, as it will appear a Right to your Lordships Quality, as well as a Freedom to the present Condition of

Jan. 19th, 1647.

Your Lordships humble Servants,
G. Berkeley.
F. Willoughby.
T. Lyncolne.
Suffolke.
Midd'esex.
W. Maynard."

To be freed from their Restraint.

Ordered, That these Six Lords which have subscribed this Letter shall, upon this Letter, have their Liberties from the Restraint they lie under in the Custody of the Gentleman Usher of the Black Rod attending this House.

Commitment of Peers upon Impeachment.

Ordered, That these Lords following are appointed to consider of some Declaration, to be entered into the Journal Book, concerning the Commitment of Peers of this Realm upon Impeachment:

Any Two; to meet when they please.

E. of Nott's Pet. for the Arrears of his Pension.

Upon reading [ (fn. 1) the Petition of] the Earl of Nottingham; desiring, "That the Four Thousand One Hundred and Twenty-five Pounds in Arrears, due to him for his Pension, may be paid to him out of the Arrears of the Court of Wards and Liveries, or in any other Way as the Parliament shall think fittest:"

It is Ordered, To be specially recommended to the House of Commons, and sent when his Lordship shall think fit.

L. Mayor, &c. to reprieve Budd and other Prisoners in Newgate, as they shall think proper.

Upon reading the Petition of Thomas Budd, Prisoner in Newgate:

It is Ordered, That this Answer be returned to the Lord Mayor of the City of London; "That the Lords, upon Notice of Complaint made of the Reprieve of Three Persons, did give Order to be certified of the Cause thereof; yet they did not thereby intend to limit the Lord Mayor and the rest of the Bench, but that they should, according to Justice, reprieve or not reprieve them, or any of them, as they shall see Cause."

Ordinance to naturalize Kath. Prude, alias Prowde.

Upon reading the Petition of Katherine, One of the Daughters of Wm. Prude, alias Prowd, late of Canterbury, deceased; shewing, "That, at the Beginning of this Parliament, there was a Bill passed in the House of Commons, for her Naturalization; which was fruitless, in regard of these Dictractions: Therefore the Petitioner desires an Ordinance may be passed for her Naturalization:"

It is Ordered, That an Ordinance be prepared, and brought in to this House, for that Purpose.

Ordinance to prevent the Exportation of Wool and Fullers Earth.

An Ordinance to prohibit the Transporting of Wool and Fullers Earth.

Be it Ordained, by the Lords and Commons, That it shall not be lawful for any Person or Persons, to lade, ship, or carry, in any Ship, Barge, Boat, or other Vessel, or otherwise, any Wool of the Growth of the Kingdoms of England or Ireland, or Dominion of Wales, or any Woollen Yarn, Woollen Flocks, Wool Fells, Fullers Earth, Clay, Tobacco pipe Clay, or any other Earth or Clay which may be used in the Art of Fulling, of Intent to transport or carry the same into any Place or Places of the Parts beyond the Seas, or into the Realm of Scotland by Land or by Sea, or to carry the same to any Ship or other Vessel whatsoever to be transported, upon the Pains and Forfeitures hereafter ensuing; that is to say, Upon the Pain of the Forfeiture of the said Wools, Woollen Yarn, Woollen Flocks, Wool Fells, and Earth or Clay, so laden, shipped, carried, or transported; and Three Shillings for every Pound of such Wool, Yarn, Flocks, and Earth or Clay; and for every Pound Weight of the said Earth or Clay, Three Shillings to be forfeited by the Owner or Owners thereof; and also the Owner of the said Ships or Vessels, knowing of such Offence, to forfeit all their Interest in the said Ships or Vessels, with all their Apparel and Furniture to them and every of them belonging; and the Master and Mariners, knowing of such Offence, to forfeit all their Goods and Chattels, and to have Imprisonment by the Space of One whole Year, without Bail or Mainprize; and further, That if any such Wool, Woollen Yarn, Woollen Flocks, Wool Fells, or any of the said Earth or Clay, be laid in any Place whatsoever, with Intention to transport, or that the same should be transported beyond Sea, or with Intention to transport or convey the same, or that the same should be transported or conveyed, to any other Port or Place by Sea in England or Wales, and shall not, in such Case where the same is to be transported or conveyed by Sea to other Place in England or Wales as aforesaid, enter, or cause to be entered, sufficient Obligation with the Customer and Comptroller of the Port to such Place belonging, or as is next unto the same, for the true Delivery thereof at some other Place of this Realm; that then the said Wools, Woollen Yarn, Woollen Flocks, Wool Fells, and Earth or Clay, and Three Shillings for every Pound Weight of the said Earth or Clay, shall be forfeited by the Owners thereof: And it is further Ordained, That if any Merchant, or any other Person or Persons, shall transport, or cause to be transported, any of the said Earth or Clay, Wool, Woollen Yarn, or Woollen Flocks, or Woollen Fells, contrary to the Intent of this Ordinance, that then he shall be disabled for requiring any Debt or Accompt of any Factor or others, for or concerning any Debt or Estate properly belonging to such Merchant and Offender, to his own Use; and if any Owner of the Land where such Clay or Earth is digged or gotten shall be privy unto, or know of, such Transportation by any Person or Persons, and shall not discover the same to some Justice or Justices of the Peace within Three Months of such his Knowledge, he shall, for every such Offence, forfeit Five Hundred Pounds of lawful Money of England; and if such Justice of Peace to whom such Discovery shall be made shall not certify the same, under his Hand and Seal, to the Barons of the Exchequer, or any One of them, within Three Months following, he shall, for every such Offence, forfeit One Hundred Pounds of like lawful Money: And it is further Ordained, That all and every Person, Owner or Occupier of any Grounds where such Earth or Clay as aforesaid shall be digged or taken, or Owner or Occupier of such Earth or Clay, that shall sell or dispose of the same, shall keep One or more Books, wherein he shall enter from Time to Time the Quantities of all such Clay or Earth by him sold, the Name or Names of the Person or Persons to whom such Sale shall be made, and the Place of his Habitation or Abode; and shall, Once in Six Months, give a Note in Writing of all such Fullers Earth or Clay sold or disposed of, to the Justices of the Peace, or any One of them, next or near adjoining to the Place where such Earth or Clay is or shall be at the Time of the Sale or Disposition thereof, on Pain to forfeit for every Hundred Weight the Sum of Twenty Shillings, of lawful Money of England, for every such Neglect; and that a sufficient Person, of the Profession of a Clothier or Fuller, of the County of Kent, shall by the Barons of the Exchequer be appointed to keep a Book of the Entries of the true Quantities of such Earth and Clay, measured and received from the Pits or Store-houses thereof, and to certify such his Book Half-yearly in to the Court of Exchequer, upon Oath; and to have such Sum or Sums of Money as the said Committee of the Navy and Customs shall think fit, not exceeding Six Pence for every Load, containing Twenty-two Bushels of such Earth and Clay, so received by the Receiver thereof; and that One Half or Moiety of all the Forfeitures before mentioned shall 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 order or appoint; and the other Moiety thereof to be to such Person and Persons as shall seize or sue for the same, by Bill, Plaint, or Information, in the Court of Exchequer; and the said Goods, so seized, to be by the Seizer, from Time to Time, registered with the Officer thereunto appointed in the Custom-house of London.

And it is farther Ordered, by the said Lords and Commons, That the Barons of the said Court of Exchequer, and all other the Officers and Ministers of the said Court respectively, for the Time being, do and shall, and are hereby authorized and required to, receive and proceed to Judgement, upon such Bill, Plaint, or Information, according to the Course of that Court heretofore used, for the Recovery of forfeited Goods, for Non-payment of Tonnage and Poundage, when the same were granted by Act of Parliament; and that the Barons of the said Court of Exchequer, His Majesty's Attorney or Solicitor General, or any Three of them, whereof the said Attorney or Solicitor General to be One, shall and may compound for the Part of the said Forfeiture appointed to the Use of the Navy as aforesaid; and, upon such Composition made, the said Court of Exchequer to give Judgement for the Discharge of such Forfeiture against His Majesty; and that any the Barons of the said Exchequer shall and may give Licence to such Informer, to compound with the Defendant, for the said other Part of the said Forfeiture.

Ordinance to prevent the Exportation of Wool from Ireland, except to England and Wales.

Ordered, by the Lords and Commons assembled in Parliament, That no Wool of the Growth of Ireland be transported, in any Ship or Vessel, into any Parts out of that Kingdom (except into the Kingdom of England and Dominion of Wales), upon any Warrant or Pretence whatsoever, upon Pain of Forfeiture of the said Wools; and that the Commissioners and Officers of the Customs and Ports in that Kingdom do take effectual Care, and employ their Diligence, that this Order be duly observed; and that they be very careful to take good Security, to the Double Value of the Wools shipped, that the Transporters will unship and deliver the said Wools in some Port of the Kingdom of England or Dominion of Wales; and that they will not transport the said Wools into any other Parts or Places whatsoever; and that they do bring Certificate that they have delivered the same accordingly; and that the Governors of the Provinces, and Commanders in Chief of the Forces in that Kingdom, do give Order and Charge, and take Care, that all the Officers of Forts whom it may concern do duly observe this Order."

Additional Names to the Committee of Indemnity.

"Ordered, by the Lords and Commons assembled in Parliament, That Sir Walter Earle, Colonel Bosvile, Mr. Knightly, Sir Rob't Pye, Mr. Crowther, and Mr. Harrington, be added to the Committee of Indemnity."

No Collections to be made by Brief, but under the Great Seal.

"The Lords and Commons in Parliament assembled do declare, and so order, That no General Collections shall be made in Parishes, by Way of Brief, for demanding the Charity of People, except it be under the Great Seal of England, directed by Order of both Houses of Parliament."

Games, to be Sheriff of Brecon;

"The Lords and Commons in Parliament assembled do nominate and appoint Edward Games Esquire, to be Sheriff of the County of Brecon; and that the Commissioners of the Great Seal do pass a Patent to the said Edward Games, under the Great Seal, to be Sheriff of the said County of Brecon, accordingly."

Lloyd, of Carnarvon;

"The Lords and Commons assembled in Parliament do nominate and appoint Wm. Lloyd Esquire, to be Sheriff of the County of Carnarvon; and that the Commissioners of the Great Seal do pass a Patent to the said William Lloyd, under the said Great Seal, to be Sheriff of the said County of Carnarvon, accordingly."

and Standen, of Berks.

"The Lords and Commons in Parliament assembled, do nominate and appoint William Standen Esquire, to be Sheriff of the County of Berks; and that the Commissioners of the Great Seal do pass a Patent to the said William Standen, under the said Great Seal, to be Sheriff of the said County of Berks, accordingly."

Alflat to be instituted to Clutton.

Ordered, &c. That Doctor Heath give Institution and Induction unto Mathew Alflatt Clerk, to the Rectory of Clutton, in Com. Som'sett, void by the Resignation of the last Incumbent; salvo Jure cujuscunque: Lady Katherin Brooke Guardian to Francis Lord Brooke, her Son, Patron.

Adjourn.

House adjourned till 10^a cras.