DIE Veneris, 13 die Novembris.
Prayers, by Mr. Carryll.
Domini præsentes fuerunt:
E. Manchester, Speaker.
Beck to be Gunner of The Providence;
The Earl of Warwicke reported a Paper from the
Committee of the Admiralty and Cinque Ports; which
was read, as follows:
"Die Jovis, 12 Nov. 1646.
"At the Committee of Lords and Commons for
the Admiralty and Cinque Ports.
"On Recommendation from Captain Batten and the
Commissioners of the Navy; Ordered, That Robert Becke, late Gunner of The Fellowship, be presented to both Houses of Parliament, for their approving of him to be Gunner of The Providence, now
ready to set forth to Sea, in this Winter's Expedition."
Ordered, That this House agrees to this Report.
and Loane of The Fellowship.
"On Recommendation from the Commissioners of the
Navy; Ordered, That Richard Loane be presented
to both Houses of Parliament, for their Approbation
of him to be Gunner of The Fellowship, lately come
from the Irish Seas."
Order to secure 186l. 178 to Webb, taken out of Smith's Hands.
Upon reading the Petition of Thomas Smith, this
Order was made:
"Whereas, the Sum of One Hundred Eighty-six
Pounds and Seventeen Shillings, remaining in the
Hands of Thomas Smyth, late Alderman of St. Edmond's Bury in Suffolke, in Question, whether it did
belong to Robert Higham Gentleman, a known Malignant, or to Gardner Webb Esquire, the said Money
was seized upon, by the Parliament's Forces lying before the Town of Lynn, in the Year 1643, and employed for the then urgent Necessities of the Commonwealth to such Person as it should appear to belong;
and whereas, upon a Trial at the last Summer Assizes
for the County of Suffolke, touching the Property of
the said Money, it was found by Verdict, that the
said Money belonged to the said Gardner Webb; and
he recovered the same, with Damages against the said
Thomas Smyth: It is therefore Ordered, by the
Lords in Parliament assembled, That the said Gardner
Webb shall have the Public Faith of the Kingdom for
Payment of the said One Hundred Eighty-six Pounds
and Seventeen Shillings to him, according to the said
former Promise; and that the Postea upon the said
Trial, and all other Proceedings against the said Thomas Smyth thereupon, shall be staid."
Ordinance for better Observation of the Fast.
Ordered, That the Committee for the Ordinance
for the better Observation of the Fast-day shall meet
To-morrow Morning, at Nine of the Clock, and report
their Opinions To-morrow Morning to this House.
E. of Westmorland and St. John.
Upon reading the Answer of the Earl of Westm'land to
the Petition of Mr. St. John's. (Here enter it.)
It is Ordered, that Mr. St. Johns shall have a
Copy of it.
Capt. Browning's Petition, for a Protection till his Arrears are paid.
Upon reading the Petition of Captain Harmond
Browning; alledging, "That there is Money due to
him in Arrear, for his Service in the Parliament's Employments; and coming to London, he is arrested for
Debt: Therefore desires he might have the Protection
of this House, until he shall receive his Arrears,
whereby he may pay his Debts:"
It is Ordered, That he shall bring a Certificate, under the Hand of some Chief Officer of the Army, that
he was in the Service of the Parliament.
Clayton to be instituted to Robotham.
Ordered, That Doctor Aylett shall give Institution
and Induction to Luke Clayton, to the Vicarage of Robotham, in Com. Yorke; presented by the Earl of Pembrooke; with a salvo Jure cujuscunque.
Sir. T. Fairfax come to Town.
The Speaker informed this House, "That Yesterday
Sir Thomas Fairefax came to Town, and last Night
came to him, and expressed his Readiness to serve this
House, in any Thing as lies in his Power, with all Readiness and Respects."
Speaker and a Committee to go to him.
This Question being put, "Whether their Lordships will appoint their Speaker, with a Committee of the whole House, to go to Sir Thomas Fairfax?"
It was Resolved in the Affirmative.
Protest against it.
Before the putting this Question, these Lords following desired Leave of this House to enter their Dissents, if
the Question were carried against their Votes; which
the House granted: And accordingly they entered
their Dissents, by subscribing their Names.
"Middlesex. T. Lyncolne.
"Jo. Hunsdon. F. Willughbye.
Speaker to address Sir T. Fairfax.
Ordered, That it is left to the Speaker of this House,
what to speak to Sir Thomas Fairfax, from this House,
upon these general Heads; videlicet,
"To congratulate his coming to this Town, and to
acknowledge his good Service done to the Parliament and Kingdom."
Ordered, That the Speaker, with a Committee of
this House, shall go To-morrow, at Eleven of the Clock,
to Sir Thomas Fairefax.
Message to the H. C. to appoint a Committee of their House to go to him with the Lords.
A Message was sent to the House of Commons, by
Doctor Aylett and Doctor Heath:
To let them know, that this House hath appointed
their Speaker, with a Committee of the whole House,
to go To-morrow, at Eleven of the Clock, to Sir Thomas Fairefax, to acknowledge his good Service to the
Parliament and Kingdom, and to bid him Welcome to
Message from thence, with Ordinances, &c
A Message was brought from the House of Commons,
by Mr. Greene, &c.
To desire their Lordships Concurrence in divers Particulars:
1. An Order for giving Leave to the Sheriff of Yorke
to reside out of the County, during his Place, as often
as he hath Occasion. (Here enter it.)
2. An Ordinance for taking up Twelve Thousand
Pounds, upon the Credit of the Customs, &c. for the
Use of the Navy. (Here enter it.)
Read, and Agreed to.
3. An Ordinance to charge the Excise with (fn. *) Twelve
Thousand Pounds, for to provide Powder, Match, and
Bullet. (Here enter it.)
4. An Ordinance concerning the Relief of Captives.
(Here enter it.)
Read, and Agreed to.
The Answer returned was:
That this House agrees to all the Ordinances and
Order now brought up.
Doctor Frasier, & al. a Pass to come Home.
Ordered, That Doctor Alex. Fraiser, with Two
Servants, shall have a Pass, to come into England, out
of France, with their necessary Accommodations for
Sibsey and Kingerby.
This Day the Counsel of Captain Kingerby and the
Counsel of Sibsey was heard: "That Sibsey, a Grasier,
sold Cattle in London, and carried into Lyncolneshire
One Hundred and Ninety Pounds, which was taken
away by Captain Kingerby, and employed to the Use
of the State, for which the Lord Willoughby had accounted for to the State."
It is Ordered, That it is referred to the Committee
of the County of Lyncolne, to re-pay to the said Sibsey
his Money taken from him, and employed to the Use of
the State, out of such Monies as shall come to their
Hands belonging to the State, within Three Months.
Order concerning the Lieut. of The Tower.
Ordered, That the Committee of Privileges do
meet To-morrow Morning, at Nine of the Clock, about
the Order of the Lieutenant of The Tower, and report
the same to the House.
Lady Zouch and the Copyholders of Woking.
Upon hearing the Counsel between the Copyholders
of the Manor of Woking, in the County of Surry, and
the Lady Zouch Widow, Committee of the Wardship
of her Son Edward Zouch Esquire, an Infant, and the
Counsel of George Duncombe Steward of the Manor of
Woking; it being a Complaint of the Tenants against the
Lord and the Steward for Breach of their Customs, and
making their Fines of Copyhold uncertain, and against
a Decree in the Court of Exchequer; desiring it may be
set aside, that the Customs may be tryable at Law.
Message from the H. C. for a Conference on the Ordinance for Sale of Bishops Lands.
A Message was brought from the House of Commons,
by Sir John Danvers:
To desire a Free Conference, so soon as their Lordships shall please to appoint, concerning the Matter of
the late Conference concerning the Ordinance for Sale
of the Bishops Lands.
Rosolved, upon the Question, To give the House of
Commons a Free Conference presently, as is desired.
The Answer returned was:
That this House appoints a present Free Conference,
in the Painted Chamber, as is desired.
Answer from the H. C.
Mr. Page and Doctor Aylett return with this Answer
from the House of Commons:
That they agree to the sending of Colonel Muncke
into Ireland, and to the granting of Martial (fn. *) Law to the
Commissioners for Ireland, and to making of the Earl of
Mulgrave Vice Admiral of Yorkeshire: To all the rest
of the Particulars, they will send an Answer by Messengers of their own. And they have appointed their
Speaker, with a Committee of the whole House, to go
To-morrow to Sir Tho. Fairefax, at Eleven a Clock.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended,
the House was resumed.
And the Report is to be made To-morrow Morning.
Sir J Bourchier, Sheriff of York, Leave to reside out of the County.
"Ordered, by the Lords and Commons in Parliament assembled, That Sir John Bourchier, Sheriff of
the County of Yorke, have Leave to come to London,
and to reside out of the County of Yorke during his
Sheriffalty; any Law, Statute, or Ordinance, to the
Ordinance for 12,000 l. for the Use of the Navy.
"Be it Ordained, by the Lords and Commons in
Parliament assembled, That the Committee of the
Navy and Customs, or any Five of them, have Power
to take up Money, not exceeding the Sum of Twelve
Thousand Pounds, for making Provisions for the Use
of the Navy, at Interest, not exceeding the Rate of
Eight per Centum for One Year, upon the Credit of
the Customs, or the Excise of Flesh and Salt appropriated for the Use of the Navy, and to satisfy the
Interest-money out of the Monies arising on the said
Receipts; and the Committee of Accompts, Comptroller, and Auditor of the Excise, are to make Allowance of the same, upon the respective Accompts
of the Commissioners of the Customs and Excise, accordingly."
Ordinance for 12,000£. for Powder, &c.
"Whereas both Houses of Parliament have given
Commission to several Persons for the making of Saltpetre in the several Ports of the Kingdom, and contracted for the same to be converted into Powder for
the Use of the State: Be it therefore Ordained, by
the Lords and Commons assembled in Parliament,
That the Receipts of the Grand Excise or new Impost
are hereby chargeable and charged with the Sum of
Twelve Thousand Pounds, to be paid, as the same
shall fall due in Course, unto such Person or Persons
as the Committee for Powder, Match, and Bullet, or
any Five of them, shall order and appoint; and the
Commissioners of Excise are hereby required to take
Notice hereof, and make Payment of the same, accordingly: And be it further Ordained, That the said
Committee, or any Five of them, shall have Power to
take up Monies at Interest, not exceeding Eight per
Cent. upon the Credit of this or any former Ordinance for Powder, Match, and Bullet; and the Order
of the said Committee for such Interest, as for the
Principal, shall be a sufficient Warrant to the Commissioners of Excise to pay the same."
Ordinance to continue the Duty for Relief of Captives at Algiers, &c.
"The Lords and Commons assembled in Parliament,
intending to carry on that so pious a Work of the
releasing of those distressed Captives taken by Turkish,
Moorish, and other Pirates, to some good Conclusion;
and for that Purpose they have sent away Dispatches
for Algeir: But finding that the Monies already collected, or which may be collected by virtue of the
Ordinances already granted, for the receiving of One
Fourth Part of One per Cent. imposed on all Goods
and Merchandizes, and appropriated to that Use, will
not perfect the Work without Continuance of the said
Duty; do therefore Order and Ordain, That the
Ordinance of Parliament, of the 7th of July, One
Thousand Six Hundred and Forty-five, which expires
the 11th of December, One Thousand Six Hundred
Forty-fix, for the collecting of the said Duty and Imposition of One Fourth Part of One per Centum,
which is One Shilling in every Twenty Shillings paid
for Custom and Subsidy, according to the now Book
of Rates established by Authority of this present
Parliament, upon all Goods and Merchandize exported out of, and imported into, this Kingdom of
England, and Dominion of Wales, and Port and Town
of Berwicke, for the Relief of the said distressed
Captives, and every Clause and Article therein contained, shall be observed, stand, and continue, in full
Force and Power.
"And it is further Ordained, That the Chamberlain
of London, his Deputy or Deputies, and every of
them, shall be saved harmless and indemnified for
whatsoever Act or Acts they shall do in Execution of
this Ordinance, according to the Clause of Indemnity
in the Ordinance of the 28th of January, 1644.
"Provided, That this Ordinance shall continue until
the 11th of December, in the Year of our Lord
1647, and no longer."
E. of Westmorland's Answer to Mr. St. John's Petition.
"My Answer to a Petition exhibited by John
St. John Esquire to the Lords House.
"For the Lease, I acknowledge the letting thereof:
But that he paid his Rent (being Four Hundred and
Fifty Pounds per Annum) until I went to the King, I
deny; for I have not received One Penny of it from
him since Michaelmas 1641.
"What he suffered for adhering to the Parliament
by the Neighbour Garrisons was not by my Means
procured, nor in my Power (I being then a Prisoner)
any Ways to prevent. As for his Stock, I am credibly informed that it will be proved he lost little or
none, but sold most of it off.
"That it was sequestered, I never heard until now;
but only that the Committee had seized upon it to
make Money for Taxes due and unpaid, which was
by Mr. St. John's Default, who ought to have paid
Taxes, and deducted them out of the Rent.
House adjourned till 10a cras.