Die Lunæ, 14 die Aprilis.
PRAYERS, by Dr. Smyth.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Paper from the Assembly of the Kirk of Scotland.
The Earl of Manchester reported, "That the Committee of both Houses appointed formerly to meet
with the Commissioners from the Assembly of the
Kirk of Scotland have met; and the Commissioners
delivered to the Committees a Paper, and desired that
the same might be presented to the Parliament from
the Assembly of Scotland."
The said Paper was received by this House, and read,
as followeth. (Here enter it.)
Letter from the Committee of Gloucester, complaining of the Plunderings of the King's Forces.
Next, a Letter was read, reported from the Committee of both Kingdoms, sent to them from the Committee of Gloucester; complaining of "the great Taxations
of the Enemy, and the plundering of the Forest of
Deane by the Forces of the King, and the Wants of
the Garrison of Gloucester."
Message to the H. C. with it.
Ordered, That this Letter be communicated to the
House of Commons, by Message; which was sent down,
by Doctor Aylett and Doctor Heath.
Report from the Committee concerning the Expences of the King's Children, and about putting them under the Care of the Earl and Countess of Northumberland.
The Earl of Salisbury reported from the Committee
for regulating the King's Children here, as followeth:
"That the Committee of both Houses appointed for
regulating the King's Childrens Family have considered the Two Particulars referred unto them, for
setting them under the Care of the Earl of Northumberland and his Lady, with a certain Establishment for
the said Children, and likewise an honourable Subsistence for the Earl of Northumberland. The Committee hath reduced the Number of the Servants, and
by that Means lessened the Expence; yet have they
allotted a good Proportion for a Subsistence, unto
those that are to be, or have formerly been, discharged.
"They have also thought fit to offer unto their
Lordships, that they conceive Three Thousand Pounds
a Year Pension unto the Earl of Northumberland a
competent Proportion for his Subsistence. The whole
Expence, as it is now ordered by the Committee,
amounts unto Yearly about Twelve Thousand and
Five Hundred Pounds. There will be then remaining
of what was formerly expended in that Family about
Fifteen Hundred Pounds, which the Committee doth
think just and reasonable should be employed towards
the satisfying of those Arrears which have been contracted since the Parliament took the Children into
Countess of Dorset satisfied for her Attendance on them.
It was further reported, "That the Countess of Dorsett, which was former Governess of the King's Children, had received full Satisfaction and Subsistence allowed for her Maintenance, out of her Husband's
Ordered, That this House approves of what the
Committee hath done herein; and that the Concurrence
of the House of Commons be desired herein.
Message to the H. C. about this Business.
And presently Mr. Serjeant Whitfield and Doctor
Heath were appointed to go with a Message to the
House of Commons To-morrow Morning, to desire their
Ordinance concerning the Commissioners of the Customs.
The House was adjourned into a Committee during
Pleasure, to take into Consideration the Ordinance concerning the Commissioners for the Custom-house.
The House being resumed, the said Ordinance was
read the Third Time.
And it was Resolved, upon the Question, that this
House agrees to the said Ordinance, as it came from the
House of Commons. (Here enter it.)
Next, the Ordinance for the securing of Thomas Hudson
the Personal Estates of Henry Hudson and Rob't Hollyday, Delinquents, remaining of or in late Partnership
with the said Thomas Hudson, was read the Third Time,
and Agreed to. (Here enter it.)
Order for Fees on Private Ordinances.
The Order for Payment of Fees upon Private Ordinances, to the Speaker and Officers of this House, was
read, and approved of by this House. (Here enter it.)
Causes of Colonel Keys's Imprisonment, to be examined.
Upon reading the Certificate of Sir John Lenthall
Knight, of the Causes of the Commitment of Colonel
Keyes: It is Ordered, That it is referred to Mr.
Justice Bacon, to call the Parties before him, and examine the Business, and report the same to this House.
Assembly of the Kirk of Scotland approve of the Directory for Public Worship, and desue the One for Church Government may be examined.
"The Retourne of our Brethren from the late Generall Assembly of the Kirke of Scotland hath occasioned us to desire the Meeting of this Honnorable
and Reverend Committee at this Tyme, that wee might
make knowne unto them, and by them to the Honnorable Houses of Parliament and the Reverend
Assembly of Divines, that the Directory for the Publique Worshipp of God, and the Propositions concerning Kirke Government and Ordination, agreed upon
by both Houses according to the Advise of the Assembly of Divines, was not only acceptable to the
Generall Assembly of the Kirke of Scotland, and to
the Parliament of that Kingdome, but was alsoe received of them as a Matter of Thanksgiveing unto
God, who had soe farre promoted His owne Worke of
Refreshment unto themselves in this Tyme of their
Trouble, and of Incouragment in their constant Assistance by their joynt Prayers, Counsells, and Forces,
till, by the Blessing of God, the Worke bee finished,
and this Kingdome setled in Peace.
"And that, from their Zeale to Uniformity, according
to the Covenant, haveing parted with some lawfull
Customes universally practised in that Kirke ever since
the First Reformation of Religion, they, by their severall Acts and Authority respectively, have ordained
the Directory to bee forthwith printed, and thereafter
to bee observed in all the Kirks of the Kingdome, and
in the Armyes.
"That they have alsoe agreed unto and approved of
the aforementioned Propositions, as a Ground-worke
of the intended Uniformity in Kirke Government, according to the Covenant.
"And that their earnest and uncessant Desire is,
that the Directory for Publique Worshipp, which, after
soe long Tyme and soe much Travell, is at last brought
to a finall Conclusion by the Assemblyes and Parliaments
of both Kingdomes, may bee presently put in Execution
in all the Parts thereof; and that neither Ministers nor
People, of whatsoever Quality or Degree, bee permitted to preach or write against it, or to practise that
which by Publique Authority is abolished, which, beside the Dishonnor done to the Name of God, and
provokeing of His Displeasure, would prove nothing
els but a Contempt of Order and Authority, a reall
(fn. *) Proclamation of Liberty, a destroying of that which
hath beene in building, and a frustrateing of all future
Endeavors for Reformation.
"And it is with noe lesse Zeale and Earnestnes desired
and expected by that whole Kirke and Kingdome,
that the remanent Parts of Uniformity bee expedited,
especially that the Materialls of Kirke Government,
which hath bin soe long in the Hands of the Assembly of Divines, may bee formed into a Practicall Directory with all possible Diligence, which, beside the
Uniformity extreamly longed for by all the Reformed
Kirks, especially by the Kirke of Scotland, will bee an
Hedge and Fence to the Directory of Worshipp, a
Meane to procure ready Obedience to the Ordinances of Parliament, a setling of the Mynds of such as
are hovering and halting betwixt Two Opinions, a
Remedy of many Doubts and Jealousyes, a Preservative against Errours and Schismes, a Terrour and Matter
of Dispaire to the common Enemy, and a mighty
Confirmation of the Hearts of the Godly in their adventureing and undertaking for Defence of Religion
and Order of the Kirke once established, and of that
Power without which Religion can neither bee reformed nor preserved.
"Wee, therefore, according to the Comaundment
which wee have received, and the greate Trust
put upon us, doe move and intreate that this
Honnorable and Reverend Committee may bee
pleased to represent to the Honnorable Houses
and Reverend Assembly, that Acceptation, and
these Desires of the Parliament of Scotland,
and the Nationall Assembly of that Kirke,
that, in their Wisdome, the best and readyest
Wayes may bee found out and prescribed, for
bringing Matters soe necessary, after soe long
Deliberation, to a wished Conclusion; and
wee may have their Answere, to bee sent to the
Committees of the Parliament and Assembly
in Scotland, for our Exoneration, and their
Satisfaction. What wee have moved concerning the Directoryes for Publique Worshipp and
Kirke Government, wee desire may bee extended to the Church and Kingdome of Ireland.
Aprill 11th, 1645.
Ordinance concerning the Commissioners of the Customers, and to prevent Frauds in not paying Duties.
"Whereas there are many and great Abuses committed daily, by the importing into, and exporting
out of this Kingdom, divers prohibited Goods and
Merchandize, contrary to the Laws; and also for that
there are divers Practices of late used by Merchants
and others, to deceive His Majesty and the Parliament of such Customs and Duties as are due and
payable for such Goods as are imported and exported
as aforesaid: For Prevention whereof for the future,
it is Ordained, by the Lords and Commons in Parliament, That Samuell Avery, Richard Batcman, Charles
Lloyd, Christopher Packe, and Walter Boothby, Merchants, who are, by an Ordinance of both Houses of
Parliament of the One and Twentieth of February
last, appointed and constituted Commissioners and Collectors, to receive all such Sums of Money, which
should at any Time hereafter, from the 25th Day of
February then present inclusive, be paid for Customs,
or advanced by Way of Loan, or otherwise, for or
in respect of Goods and Merchandizes exported out
of, or imported into, the Port of London, and all
other Ports in the Realm of England, Dominion of Wales,
and the Town of Berwicke, in such Manner as the
Duties of Tonnage and Poundage have been formerly
received by the late Commissioners; as also all Deputy Collectors, Surveyors, Searchers, Waiters, and
all other Officers, which are or shall be deputed and
appointed by the said Commissioners under their Hands
and Seals, as their Deputies, Factors, or Servants,
for the managing of the Affairs of the Customs,
and Receipt of the said Monies paid and advanced as
aforesaid, in the several Ports aforesaid; and their
Members shall have full Power and Authority to go
on Board, and enter into, any Ship, Hoy, Barque,
Bottom, Boat, or other Vessel whatsoever, as well by
Night as by Day, riding, lying, or being, within
any the several Ports, Havens, Creeks, or other
Places; as also, in the Day-time, to go and enter into all or any Cellars, Vaults, Shops, Warehouses, or
other Places, within the said Kingdom of England,
Dominion of Wales, or Town of Berwicke, to see,
survey, and make Search for, any such prohibited
Goods or Merchandizes as aforesaid, and likewise
any Goods or Merchandize either put on Board any
Ship or Vessel, or taken out or carried away, or intended to be carried away (the Customs and other
Duties for the same having not been fully satisfied
and paid); and the said Goods to seize, attach, carry
away, and put into safe Custody: And it is further
Ordained, by the (fn. *) Lords and Commons aforesaid,
That, upon all such Seizures made by any of the
Collectors, Surveyors, Searchers, Waiters, or other
Officers, Deputies, Factors, or Servants, of the Commissioners aforesaid, or by the King's Officers, or any
other Person or Persons, Certificate shall be by them
respectively forthwith thereof made unto the said
Commissioners; and that no fraudulent Composition
shall be made by the said Officers, to the Prejudice
of the Kingdom, and the Loss of the Customs, and
other Duties due and payable upon the said Goods
and Merchandizes as aforesaid: And it is further Ordained, by the Lords and Commons aforesaid, That
the said Commissioners of the Customs shall have
Power, from Time to Time, to choose and depute a
Messenger, to attend their Service; and him again at
their Pleasure to displace, and others to substitute;
which Messengers, by them so chosen, shall have
Power to summon or attach all or any such Person or
Persons as shall be refractory or disobedient to the
Laws or Ordinances made for the Payment of Customs
or Advance of Monies, or that shall affront and abuse
the said Commissioners, their Deputies, Factors, or
Servants, in the Execution of their several Duties or
Services; and the Persons so offending to bring before the House of Commons, or Committee of the
Navy, to answer such their Misdemeanors and Miscarriages: And it is further Ordained, That such
Security as the Committee of the Navy, or the Commissioners of the Customs, shall think fit to require of
any Person or Persons, for the better managing of
the Business aforesaid, shall be taken in the Name of
the Serjeant at Arms for the Time being attending
the House of Commons, to the Use of the Commonwealth: And for the better enabling them the aforesaid Commissioners, as also of their Deputies, Factors,
and Servants, by them as aforesaid authorized and
appointed, to transact and perform what is required
of them in the Premises, it is further Ordained, by
the Lords and Commons aforesaid, and it is hereby
required, That all Customers, Comptrollers, Searchers, and all other His Majesty's Officers of or belonging to the Customs in all the Ports and Places
aforesaid (as also all and every the Officers of or belonging to the Admiralty, all Vice Admirals, Captains of Ships and Forts, and all Justices of Peace,
Mayors, Sheriffs, Bailiffs, Constables, and all other
His Majesty's Officers, Ministers, and Subjects whatsoever), shall from Time to Time be aiding and assisting to the said Commissioners, and to all and every
their Deputies, Factors, and Servants, by them as
aforesaid deputed and appointed, in the Execution
of the said Service; and that all and every the said
Commissioners, their Deputies, Factors, and Servants,
and all those who shall be aiding and assisting unto
them, shall be defended and saved harmless, by the
Authority of both Houses of Parliament; and that
this Ordinance shall be forthwith printed and published, and sent to the several Ports of this Kingdom."
"An Ordinance of Parliament, for the securing of
Thomas Hudson, touching the Personal Estates
of Henry Hudson and Robert Holiday, Delinquents, remaining of or in late Partnership
with the said Thomas Hudson.
Ordinance to secure the Estate of Hudson and Holiday, to T. Hudson.
"Whereas, by virtue of an Ordinance and several
Orders of Parliament, Thomas Hudson, Citizen and
Haberdasher of London, hath paid Two Thousand
Pounds; videlicet, One Thousand Five Hundred Pounds
unto Colonel John Birch, in Satisfaction of so much
by him lent unto the Parliament, and Five Hundred
Pounds unto the Committee for Gloucester, Hereford,
Monmouth, Glamorgan, Brecknocke, and Radnor, in
full Satisfaction of the Personal Estate of Henry Hudson (a Delinquent), late in Partnership with the said
Thomas Hudson, and discovered to amount to Four
Thousand Eight Hundred Pounds, but upon Examination (much of it being in desperate Debts, and
much of it in the King's Quarters) found to be in
real Value only Two Thousand Pounds, and so compounded for by the said Committee and Colonel
Birch with the said Thomas Hudson: To the End,
therefore, that the said Thomas Hudson may, according to the said Composition, and according to the
Tenor and Intent of the said former Ordinance and
Orders (in Pursuance whereof the said Thomas Hudson did pay the said Two Thousand Pounds), be secured and saved harmless, touching the said Estate
discovered, as well against the said Henry Hudson, as
against Robert Holiday (another Delinquent), who
pretends Part of the said Estate to belong unto him,
and against all claiming under them: Be it therefore
Ordained, by the Lords and Commons assembled in
Parliament, and by the Authority thereof, That the
said Thomas Hudson, his Heirs, Executors, and Administrators, for so much of the Estate of the said Henry
Hudson, discovered, examined, and compounded for
s aforesaid, and for which the said Thomas Hudson
hath paid the said Two Thousand Pounds, shall be
from henceforth acquitted, discharged, and saved
harmless, against the said Henry Hudson and Robert
Holiday, their Heirs, Executors, Administrators, and
Assigns, and against all Persons claiming under them,
or any of them, who are hereby barred and excluded
from all Actions, Claims, and Demands whatsoever,
against the said Thomas Hudson, his Heirs, Executors,
and Administrators, touching the Premises: And it is
further Ordained, That the said Thomas Hudson, his
Executors, Administrators, and Assigns, shall and may,
and are hereby authorized to, sue for in his and their
own Name, to have, hold, possess, and enjoy, to his
and their own Use and Behoof, the said Estate discovered as aforesaid, according to the said Composition, without any Accompt or other Thing to be rendered or done unto the said Henry Hudson and Robert
Holiday, or to either of them, or to any other Person or Persons whatsoever."
Order for Fees our Pivate Ordinances.
Upon the Report made this Day by the Lords Subcommittees for Privileges, concerning the Fees belonging to the Speaker and the Officers of this House, upon
the passing of Private Ordinances wherein particular
Persons are concerned: It is Ordered, by the Lords
in Parliament assembled, That the same Fees shall be
paid to the Speaker and Officers aforesaid, upon each
Private Ordinance, as upon a Private Bill; and all Members of this House are desired not to press the passing
of any such Ordinance, until the Speaker and Officers
aforesaid be satisfied their Fees, according to the true
Intent and Meaning of this Order.
House adjourned till 9a cras.