House of Lords Journal Volume 7: 14 April 1645

Die Lunæ, 14 die Aprilis.

PRAYERS, by Dr. Smyth.

Ds. Grey de Warke, Speaker.

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 their Care."

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 Estate."

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 Concurrence.

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.)

Hudson's Ordinance.

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. 1) 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.

"John Donn."

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. 2) 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.

Adjourn.

House adjourned till 9^a cras.