DIE Martis, 6 Maii.
PRAYERS, by Mr. Hardwicke.
Ds. Grey de Warke, Speaker.
Col. Glbbs released from The Tower, on his Parole, for his Health.
Upon reading a Certificate of Tho. Grent, Physician
to The Tower: (Here enter the Certificate.) It is Ordered, That Lieutenant Colonel Gibbs, for his Health's
Sake, shall have Liberty to be within the Line of Communication; provided he give his Parole to the Lieutenant of The Tower, to render himself a true Prisoner
to him, whensoever he shall be required by this House;
and that he give Notice to the Clerk of the Parliament where he resides.
Col. Fielding will get Three Prisoners released in Exchange for himself.
It was reported to this House, "That Colonel Feildinge hath procured an Offer for the Exchange of
Three Prisoners for him, which is presented to the
Pleasure of this House; videlicet,
"Lieutenant Colonel Ludford, Governor of Rowden
"Captain Skarrborrow, which came to relieve the
House with One Hundred and Twenty Musketeers.
Lieutenant Goodwin, a Lieutenant of Horse.
"These are Prisoners in The Devises, with the
Governor Sir Charles Floyd, and are offered
in Exchange for Colonel Richard Feilding."
Ordered, That this Paper be communicated to the
House of Commons, and desire their Concurrence
Deputy Lieutenant for Essex.
Ordered, That this House approves and nominates
Thomas Ayloffe Esquire, to be a Deputy Lieutenant for
the County of Essex; and the Concurrence of the House
of Commons to be desired herein.
Bassano's Petition, to be Lieutenant of the Ordnance.
Upon reading the Petition of Andrea Bassano, One of
the Commissioners appointed by a Committee of Parliament for taking the Remains of the Stores in the
Offices of the Ordnance and Armory; shewing, "That
he hath been employed Twenty-four Years and upwards in the Office of Ordnance, Part thereof as a
Clerk, and Part as Deputy to Mr. Morrice, One of
the Officers there; by which Employment, and his
own Observations therein, he conceives he is enabled
for the Execution of the Lieutenant's Place in that
Office, shortly to be void; therefore desires that the
Lieutenant's Place in that Office, with such competent
Salary for his Pains in the Execution thereof, may be
conferred upon him."
It is Ordered, That the Petition be communicated
to the House of Commons, and their Concurrence
Sir T. Fairfax and General Skippon re-called from going to Taunton, as the Strength of the King's Army is coming towards Oxford.
It was reported from the Committee of both Kingdoms, "That they receiving Information, that Prince
Rupert and Prince Maurice and Goring were joined,
and come near to Oxford, with their Forces; they
thought fit to give Order and Directions, That Sir
Thomas Fairefaix and Major General Skippon should
return back from going to the Relief of Taunton;
and that there should be but a Part of the Army
sent to Relief of Taunton, in regard that a great Part
of the Strength of the Enemy is come back with
Hereupon this Ordinance was drawn up, and passed;
"Upon the Report of the Committee of both Kingdoms, That considerable Forces are drawing together
towards the City of Oxford: It is Ordered and Ordained, by the Lords and assembled, That
Sir Thomas Fairefaix and Major General Skippon shall
be called back from their further Marching into the
West; and to return into these Parts, and to be disposed of as both Houses of Parliament, or the Committee of the Two Kingdoms, shall direct."
Steward and De Franchi.
Upon reading the Petition of Captain Walter Steward
Esquire: (Here enter the Petition.) It is Ordered, That
the Defendant shall have a Copy of this Petition, and
return his Answer to the same by this Day Sevennight.
Message to the H. C. about the following Particulars.
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Page:
To desire their Concurrence in the Ordinance for recalling Sir Thomas Fairefaix and Major Skippon.
2. To desire their Concurrence in Nomination and
Approbation of Thomas Ayloff Esquire, to be Deputy
Lieutenant for the County of Essex.
3. To desire their Concurrence in the Exchange of
Colonel Ric'd Feildinge.
4. To desire Concurrence in the Alteration in the
Ordinance for Gloucest'r.
Col. Thompson's Petition for Arrears, and for some Employment.
Upon reading the Petition of Colonel Francis Thomson;
desiring, "in regard of his faithful Service to the
Parliament, and the great Losses he hath sustained
by raising of a Troop of Horse by himself and his
Friends, and there being near Four Hundred Pounds
in Arrear for his Soldiers Pay; desiring to be employed in the Command of a Garrison, or otherwise
in a Civil Employment; and that, (fn. *) in Consideration
of his great Disbursements and Losses, he may have
some Part of his Arrears paid him, for his present
It is Ordered, That it be recommended to the
House of Commons; and their Concurrence desired,
that he may (fn. †) have Relief and Respect shewed him.
The Earl of Northumb. and the Lord Wharton reported what they had drawn up concerning Sir John
Conyers; which was read, as follows:
Declaration in Behalf of Sir John Conyers, late Lieutenant of The Tower.
"Whereas Sir John Conyers Knight was appointed
Lieutenant of The Tower of London, and had Leave
by both Houses to repair into The Lowe Countries;
and whereas Colonel West is of late, upon the Recommendation of the Lord Mayor, Aldermen, and
Commonalty of the City of London, (fn. ‡) appointed, and
authorized by both Houses, to be Lieutenant of The
Tower of London: It is now hereby Declared, by
the Lords and in Parliament assembled,
That they did not hereby intend any Mark of Disrespect or Disfavour to the said Sir John Conyers; but
that they will in due Time take his Condition and
Services into Consideration, for his Encouragement
To be sent to the H. C.
Ordered, That this House approves of this Declaration; and that it be sent to the House of Commons,
to desire their Concurrence herein.
The Ordinance for the Vintners Composition was
read the Third Time, and Agreed to.
(Here enter it.)
Ordinance about the Importation of Train Oil.
The Ordinance for prohibiting Train Oil to be
brought in by Strangers, was read the Third Time, and
(Here enter it.)
"An Ordinance of the Lords and Commons assembled in Parliament, for freeing and discharging the Vintners from any Demand, for
or concerning any Delinquency, concerning
the Imposition of Forty Shillings per Tun on
Wines, or any Thing concerning the same,
except the Persons herein.
Ordinance concerning the Vintners Composition.
"Whereas divers Persons, in the Behalf of themselves
and the Company of Vintners, being questioned in
the House of Commons for their Delinquency, touching the Imposition of Forty Shillings upon the Tun
of Wine, did submit themselves to the Judgement of
Parliament, and did freely offer the Sum of Four
Thousand Pounds to the Use of the Public, and
desired the Favour of both Houses to be freed from
their Delinquency, which Favour the said Houses are
willing to extend; whereupon some particular Persons have advanced the said Four Thousand Pounds,
and paid the same, according to the Direction of the
House of Commons, for the Use of the City of
Gloucester and otherwise: It is Ordained and Declared, by the Lords and Commons in this present
Parliament assembled, That the Master, Wardens,
Freemen, and Commonalty of Vintners of London,
and all Vintners Parties to any Indenture or Indentures for the Forty Shillings per Tun, or for farming that Imposition, or that have taken the Advance
of the Prizes upon Retail of Wines, except Richard
Smallwood, Thomas Mason, Theodore Collins, Executrix
of John Robotham, William Radford, Edmond Waters,
Joseph Graves, John Phillpott, William Tarry, John
Steele, Executors of John Mcares, John Doe, William
Meares, Ambrose Paulson, John Petitt, George Tomlinson, the Executors of Phillippa Paull, William
Butler, John Vangenew, Antho. Lewis, John Champe,
John Byfeild, Francis Palfryman, Nathaniell Feild,
Thomas Whicher, Randall Willy, William Longe, Alice
Flowerdew, Executor or Executrix Administrator or
Administratrix of John Ballard, William Agge, John
Booth, George Flower, Executor or Executrix Administrator or Administratrix of George Hulbert, Robert
Joyner, Executor or Executrix Administrator or
Administratrix (fn. *) of James Evyatt, Christopher Debnam,
Elizabeth Bolles, Thomas Syms, William Clifton,
Thomas Glascocke, Pelham Moore, Robert Panton,
Alexander Lee, Henry Hodgkings, Moses Meare, Thomas
Smith, Samuell Wethered, John Mathewes, Edward
Milman, Richard Symonds, Executors or Executrix
Administrator or Administratrix of John Westley,
Wm. Moone, Abraham Atwood, Richard Ordway,
Peter Cox, Walter Wormell, Robert Quartermayne,
Peter Hynde, Richard Nix, William Baker, Ascanus
Hicks, Executor or Executrix Administrator or Administratrix of Nathaniell Axtell, Richard Smith,
John Carr, Executor or Executrix Administrator or
Administratrix of John Barker, Executor or Executrix Administrator or Administratrix of Richard Hoult,
and Elizabeth Maxey, be absolutely discharged, and
for ever freed, from any Claim, Demand, or Delinquency, for or concerning the same; and the said
Master, Wardens, Freemen, and Commonalty, and the
Persons abovenamed (except before excepted), shall
be, and are hereby, freed and discharged from every
Grant or Covenant, contained in any Grants, Letters
Patents from His Majesty under the Great Seal of
England, Indenture or Indentures, and all Bonds and
Bills, given for the Forty Shillings per Tun, and the
Farm thereof, and all Arrears in any Wise depending
upon the same; and the Bonds and Bills are to be delivered up, and the Books crossed, except what concerneth the said Richard Smalwood and the Persons excepted as aforesaid, which said Persons before excepted, being questioned for the same Delinquency with
the rest that have submitted, have not only forborn to
submit and conform themselves with the rest, but refuse to contribute their Proportion of the said Four
Thousand Pounds, with other of the Company (although they are involved under the same Guilt):
And because divers of the said Persons before excepted
stand engaged, by Bonds and otherwise, to pay several
Sums of Money upon the said Project of Forty Shillings the Tun, which they have not paid, and yet
they have exacted the same from the Subject; in
Recompence thereof, be it therefore Ordained, by
the said Lords and Commons, That the Persons before excepted shall not have any Benefit by this Ordinance; and that it shall and may be lawful for the
Committee of the House of Commons, commonly
styled "The Committee for Gloucester," to call before them the Persons excepted as aforesaid, and to
proceed against them, and examine their Delinquency;
and, according to the Nature and Quality of their
respective Offences, to deliver their Judgement and
Opinions thereupon, and to present the same to the
House of Commons, that they may be further proceeded against as the Merits of their Offences do deserve: And be it further Ordained, by the Authority
aforesaid, That if it shall appear to the said Committee
for Gloucester, that any of the Persons before excepted
are indebted to the State any Sums of Money as
aforesaid, it shall and may be lawful for the said
Committee to demand and compound the same, and, in
Case of Refusal or Non-payment, to distrain for the
same, and, in Default of Distress, to commit the Person
or Persons so indebted to Prison, until he, she, or they
shall make Satisfaction: And it is further Ordained,
That all such Monies as shall be further raised by
virtue of this Ordinance shall be employed to the
Use of the City and Garrison of Gloucester; and that
it shall be lawful for the said Committee to allow
such Proportion thereof to the Persons that have
advanced the said Four Thousand Pounds, as to them
shall seem to stand with Justice and Equity; having
regard to the Proportions that would have fallen to
the Shares of the Persons excepted, had they submitted and conformed themselves with the rest."
Physician of The Tower's Certificate concerning Col. Gibbs.
"These are to certify all those whom it may concern, That Lieutenant Colonel Will'm Gibbs, Prisoner
in The Tower, hath been a long Time very ill, and
now is rather in a worse Condition, not only in Body,
but in Mind, than formerly; for he is very melancholy, careless of himself, scarcely willing to speak,
or to tell what he doth ail, as if he were more willing to die than to live. I, for my Part, have been
ready to do all the Service that I could, according
to the Condition of my Place; and desired the Apothecary to let him have what I prescribed, because
that I did see that he was a Gentleman destitute of
Means. I do think that the Change of Place and
Air, with the Company of some familiar Friends,
may prevail much for his Recovery and future
Health. In Witness whereof, I have here set my
May the 6th, 1645.
"Physician for The Tower."
Capt. Steward and De Franchi.
To the Right Hononrable the Lords now assembled in Parliament.
The humble Petition of Captain Walter
"That, in the Cause first brought in the Court of
Admiralty against the Petitioner by Nicholas De
Franchi, upon a Bill of Lading for Ten Chests of
Silver, and afterwards appealed into the Delegates,
the Petitioner was condemned, not for Want of
Right, but for Want of Proof; and the Reason of
his Want of Proof was the wicked and unjust Proceeding, first by Sir Henry Marten, and after by the
Judges Delegates; who, being fully informed that
the whole Matter of the Suit was both begun and
transacted in Spaine, from whence and no where else
the Testimonies were to arise, yet refused to grant
the Petitioner a Commission into Spaine to make his
Proofs, and condemned the Petitioner for Want of
Proof, having admitted his Defence for good if it
had been proved.
"After which, the Petitioner, by Supplication to
His Majesty, obtained a Commission of Review; and
the Judges of the Review granted him a Commission
into Spaine, which the Petitioner, with the greatest
Industry he possibly could, caused to be executed;
but the Distance of Place, and Absence of Officers
where Searches were to be made, and other Remoras
put upon him before he could procure his necessary
Witnesses to be examined, prolonged it so much,
that it could not be expedited within that Punctuality
and Strictness of Time that was prefixed; whereof
the Petitioner heareth that the said De Franchi gives
out he will take the Advantage:
"For Prevention whereof, and to the End the
Business may receive a right and just Hearing, where the Petitioner may be allowed his
just and necessary Defence; the Petitioner,
protesting and complaining against the Errors,
Nullities, Grievances, Iniquity, and Unjustness
of the Proceedings and Sentences, both of
Sir Henry Marten and the Delegates, doth
humbly make his Address by Supplication
unto your Lordships in this High and Honourable House of Peers, and beseecheth
your Lordships to receive his Supplication,
and accept of the Cause, and to be pleased
to order that all Executions and further Proceedings against the Petitioner, in the Admiralty, or Delegate, or elsewhere concerning the Premises, may, during the Dependency of the Matter before your Lordships, stand suspended and inhibited; and that
the Petitioner's Commission executed in Spaine
may stand confirmed, and the Examinations
and Proofs there taken be allowed of before
your Lordships; and that your Lordships will
further vouchsafe him your Honourable Protection, for his free and safe coming over
into England, and abiding there, for the following of this Cause, without being arrested
or troubled by the said De Franchi, or any
other, during the Dependency or Agitation
thereof; that so it may come to a full and
free Hearing betwixt the Petitioner and De
Franchi; and that your Lordships, if you
find the Justice of the Case to require it, may
acquit the Petitioner against the said Sentences and Proceedings in the Admiralty
and Delegates, and reverse and nullify the
same, and condemn the said De Franchi in
such Costs and Damages to the Petitioner, as
in your Lordships Wisdom you shall find to
be meet and just.
And your Petitioner shall pray, &c.
Ordinance to prevent the Importation of Train Oil, &c. by Foreigners.
"The Lords and Commons assembled in the High
Court of Parliament of England, taking into Consideration that nothing more enricheth this Kingdom
than Commerce, whereby the Navigation thereof is
much increased, especially in Fishing Voyages, and
therefore ought to be encouraged; upon the humble
Petition presented from the Fellowship of Merchants
of England for Discovery of new Trades, Adventurers to Greenland; shewing, That they were the
First Discoverers of that Country, and, for many
Years successively, have maintained the Fishing there,
which hath been a great Increase of many Seamen
and many Ships Yearly employed, to the great Benefit
of this Kingdom; but of late Years have been much
prejudiced, for that great Quantities of Whale Oil
of Strangers Fishing are permitted to be imported
into this Kingdom, more than it can spend; by Means
whereof, the said Petitioners, and others His Majesty's Subjects trading thither, have not Vent for
theirs, which, without some speedy Prevention, will
disable them from continuing their Fishings into those
Parts, to the Hazard of the Loss of that Country
unto Strangers (so long desired by them), being Subjects to the Crown of England; and likewise taking
into Consideration, that, in other Kingdoms and
States, the Importation of Whale Oil and Fins are
not permitted to any but the Subjects of those Kingdoms and States of their own Fishing; do therefore
Order and Ordain, That no Whale Oil nor Fins,
nor Gills, commonly called Whale Bone, either
Wrought or Unwrought, shall hereafter be imported
into any Port, Haven, or Creek, of this Kingdom,
from any Foreign Parts whatsoever, other than what
are immediately fished in Greenland by the Subjects
of this Kingdom, and in Ships set out from hence,
under Penalty of Confiscation; and all Customers,
Comptrollers, Searchers, Waiters, and all other Officers, in their several and respective Places, are hereby required to attend the due Execution thereof, and
not to permit or suffer any Whale Oil, nor Fins, nor
Gills, as aforesaid, to be imported into this Kingdom, or colourably customed for any other Goods or
Merchandize; but that they do forthwith seize and
take the same into their Custody, One Moiety for the
Use and Benefit of the State, and the other Moiety
for the said Fellowship, towards their Charges; and
all Justices of the Peace, Mayors, Bailiffs, Sheriffs,
Constables, Headboroughs, and all other His Majesty's
Officers, in their several and respective Places, are
hereby commanded and required to be aiding and
assisting therein, as they will answer the contrary at
House adjourned till 9a cras.