DIE Lunæ videlicet, 1 die Augusti, Post meridiem.
The Lord Kymbolton was appointed to be Speaker
Terringham's Words against the Parliament.
The Affidavit of Thomas Symonds was read, concerning
some Words which Mr. Edward Terringham hath spoken
in Derogation to the Orders of Parliament.
(Here enter it.)
Ricd. Derby, upon Oath, said, "That Mr. Terringham
(notwithstanding the Order of this House served upon
him) killed a Buck this Morning, in the Walk
which the Earl of Holland holds, as Constable of
To be attached.
Ordered, That the Gentleman Usher, with the Assistance of the Sheriff of Berks, shall attach the Body of
Edward Terringham, and bring him before this House.
Jennings and Sir Philibert Vernatti.
Upon reading the Petition of Tho. Jennings, Esquire,
desiring, "That Sir Philibert Vernatti may put in Security proportionable to the Demands in Question:"
This House will consider further of it hereafter.
Letters &c. of the E. of Warwick and Van Trump, about the Capture of the Merchant Strangers Ships.
Next, a Letter of the Earl of Warwicke's to the
Speaker of this House, was read, dated the 28th of
July. (Here enter it.)
2. A Translation of Admiral Trumpe's Letter to the
Earl of Warwicke, was read. (Here enter it.)
3. An Examination of the Masters of the Ships taken
by the Dutch. (Here enter it.)
4. The Reasons of Admiral Trumpe, why he took the
Ships. (Here enter it.)
Message from the H. C. for the Lords to concur in the following Orders.
A Message was brought from the House of Commons,
by Mr. Strode:
1. To desire their Lordships Concurrence, that Sir
John Hobbart, Baronet, may be a Deputy Lieutenant for
the County of Norff, and City and County of Norwich.
2. Desire Concurrence in an Order, for the Loan * of
One Hundred Thousand Pounds, to the Committee for
the Safety of the Kingdom.
3. Concurrence in an Order to pay to Mr. Loftus
Fifteen Thousand Pounds, for the Payment of the Scotts
4. The House of Commons desires their Lordships
would give Expedition in the Order concerning the
Tonnage and Poundage.
Ordered, To be taken speedily into Consideration.
The Answer returned was:
Answer to the H. C.
That this House agrees with the House of Commons,
that Sir Jo. Hobart shall be Deputy Lieutenant, as is
desired; and the House (fn. *) agrees with them in the Orders; and concerning the Order for Tonnage and Poundage, this House will take the same into Consideration, and
send an Answer by Messengers of their own.
Lord Mayor, &c. to attend To-morrow.
Ordered, That the Lord Mayor of London shall
attend, with his Counsel and Witnesses, To-morrow, at
Nine of the Clock in the Morning, at which Time this
House will proceed in his Business.
Ordinance for Tonnage and Poundage.
Next, the Lord Kymbolton reported the Ordinance of
both Houses of Parliament, concerning Tonnage and
Poundage, brought up at the Conference on Saturday
last with the House of Commons, wherein the House of
Commons desires their Lordships Concurrence.
The Ordinance was read, as followeth. (Here enter it.)
Resolved upon, That this House agrees with the House
of Commons in this Order.
Protest against it.
The Lord Spencer dissented to this Vote.
A Message was sent to the House of Commons, by
Doctor Heath and Doctor Aylett:
Message to the H.C. that the Lords agree to it.
To let the House of Commons know, that this House
agrees with the House of Commons, in the Order concerning the Provision of Money upon Tonnage and
Order to pay 100,000l. to the Committee of Safety.
"It is this Day Ordered, by the Lords and Commons in Parliament, That the Treasurers, appointed to
receive the Monies come in upon the Subscriptions
for Ireland, do forthwith furnish, by Way of Loan,
unto the Committee of the Lords and Commons for
the Defence of the Kingdom, the Sum of One Hundred Thousand Pounds, for the Supply of the Public
Necessity, for the Defence of the King, Parliament,
and Kingdom, upon the Public Faith, to be re-paid
duly and carefully within so short a Time, that it shall
not be diverted from that Purpose for which it was intended, or any ways frustrate the Acts already made in
the Behalf of that Adventure."
Order to pay Mr. Loftus 15,000l. for Ireland.
"Ordered, by the Lords and Commons in Parliament assembled, That the Treasurers, appointed to
receive the Monies that come in upon the Subscriptions for Ireland, do forthwith pay unto Mr. Loftus,
Deputy Treasurer at War for Ireland, Fifteen Thousand Pounds, or thereabouts, being for a Month's
Pay for the Scotts Army in Ireland."
A Message was brought from the House of Commons, by Sir Jo. Evelyn, Knight:
Message from the H. C. with Instructions for executing the Norfolk Militia;
1. To desire their Lordships Concurrence in certain
Instructions, for the putting the Militia into Execution
in Norff, and for preventing the Execution of the Commission of Array there. (Here enter it.)
Agreed to with the House of Commons.
and with the following Order.
2. To desire Concurrence in an Order to pay Twenty
Thousand Pounds, out of the Plate-money, as the Committee for the Defence of the Kingdom shall appoint.
(Here enter it.)
Ordered, That this House agrees with the House of
Commons in this Order.
Order for 20,000l. Proposition money to the Committee of Safety.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Receivers of
Money and Plate, brought in upon the Propositions
for Defence of the King and Kingdom, shall have
Power to issue Twenty Thousand Pounds, upon the
Orders they shall receive from the Committee of
Lords and Commons appointed for the Safety of the
The Answer returned was:
Answer to the H. C.
That this House agrees with the House of Commons
in the Instructions and Order now brought up.
Declaration of the Reasons for the Parliament taking up Arms.
Next, the Declaration brought up from the House of
Commons, at a Conference on Saturday last, setting forth
the Reasons of the Parliament's taking Arms in Defence of the King, Kingdom, and Parliament, was read,
as followeth: (Here enter it.)
Lord Viscount Say & Seale,
Were appointed to consider of this Declaration, and
alter some Expressions in it, and present the same
to this House.
A Message was brought from the House of Commons, by Mr. Strode:
Message from the H. C. for the Ordinance for Tonnage and Poundage;
To desire that the Ordinance for the Tonnage and
Poundage may be sent down to them, to be printed with
the Bill, it being a Subsidy.
with an Order about the Propositions in Exeter;
2. Desire Concurrence in an Order to appoint certain
Persons of Exon to receive the Money come in upon the
Propositions of Plate. (Here enter.)
and an Oath for the Earl of Essex's Soldiers to take.
3. To desire Concurrence in an Oath, which is to be
given to the Soldiers, that are to be under the Command
of the Earl of Essex.
Ordered, To be further considered of.
The Answer returned was:
Answer to the H. C.
That this House agrees with the House of Commons
in the Order concerning Exon, and will send down the
Ordinance concerning Tonnage and Poundage by Messengers of their own; but concerning the Oath, this
House will send them an Answer by Messengers of their
Ordinance for Tonnage and Poundage, sent to the H. C.
A Message was sent to the House of Commons, by
Doctor Aylett and Doctor Heath:
To deliver to them the Ordinance concerning the
Tonnage and Poundage.
Order to receive the Money and Plate in Exon.
"Ordered, by the Lords and Commons assembled
in Parliament, That Mr. Wm Bartlett, and Mr.
Edward Anthony, of Exeter, be hereby authorized to
receive the Monies and Plate that shall come in upon
the Subscriptions for bringing in of Horse, Money,
and Plate, within the City of Exon."
Affidavit concerning Words spoken by Terringham.
"The 26th Day of July, Mr. Edward Teringham
discoursing with me about the Patent of the Right
Honourable the Earl of Holland, concerning his
Constableship of the Castle of Windsor, and a new
Patent that he hath gained of the King lately, over
my Lord's Head, of a Walk within the Great Park of
Windsor; I told him, The Law must decide the Business; and that the Parliament and Judges of the
Kingdom would decide it. He told me again, The
Parliament had nothing to do in his Cause; but as
for the Judges, he was content to be Ordered by;
for Judge Heath, and others about the King, had already declared my Lord's Patent nothing-worth, and
his as firm as Law could make it. And, upon further Speech, I demanded of him, That and if so
be the Parliament should send him an Order, not
to meddle in the Walk till they had determined the
Business, whether he would obey it or no. He told
me again, He would not. I told him again, That
then they would send for him, and lay him by the
Heels. He told me again, They should not. I told
him, Then he must run for it. He told me, He
would not. I demanded, What then? He told me,
That whosoever came from the House to lay Hand
on him, he had that should speed him, he was a Man
of that Mettle. After he told me, That and if the
King and Parliament were in a Union, he would refer his Cause to them, before any Court of Justice in
the World; but, being as it is, he held it as no Court
Jurat. 1 Augusti, 1642.
"Lunæ, 1 Augusti, 1642.
Ordinance for a Committee to go into Norfolk, for suppressing the Commission of Array, and executing the Propositions for raising Horse and Money.
"It is Ordained, by the Lords and Commons assembled in Parliament, That Sir Thomas Woodhowse,
Knight and Baronet, Sir John Holland, Baronet, Sir
John Potts, Knight and Baronet, Sir Edmund Mundeford, Knight, Willm. Hevningham, and Framlingham
Gawdie, Esquires, do forthwith repair into the County of Norff, and possess that County with the
Declaration of both Houses concerning the Illegality
of the Commission of Array; and that they, or any
One of them, together with the rest of the Deputy
Lieutenants of that County, with such others of the
said County as they shall think fit to use and employ
therein, do propound the Propositions concerning
Contribution of Horse, Arms, Money, or Plate, for
the Defence of the Kingdom, in the several Parts of
that County: And it is further Ordained, That the
said Sir Thomas Woodhowse, Sir John Holland, Sir John
Potts, Sir Edmund Mundeford, William Hevningham,
and Framlingham Gawdy, or any One of them, shall
and may require the Sheriff, and all other Officers,
and the Trained Bands, and all other Persons whatsoever in the said County, to preserve the Peace, and
to be therein aiding and assisting to the said Sir
Thomas Woodhowse, Sir John Holland, Sir John Potts,
Sir Edmund Mundford, Willm. Hevningham, and Framlingham Gawdy: And it is further Ordained, That
they, the said Sir Thomas Woodhowse, Sir John Holland,
Sir John Potts, Sir Edmund Mundeford, Willm. Hevningham, and Framlingham Gawdy, shall take care
and provide, that the Magazine of the said County
be put and kept in Places safe and fit for the preserving of them, for the Peace of the said County."
"Instructions for Sir Thomas Woodhowse, Knight
and Baronet, Sir John Holland, Baronet, Sir
John Potts, Knight and Baronet, Sir Edmund
Mundeford, Knight, Framlingham Gawdy, and
William Heveningham, Esquires, Members of
the House of Commons, and Committees to
be sent into the County of Norff, and to the
rest of the Deputy Lieutenants of that County, for the Preservation of the same.
Instructions for them.
"Whereas it doth appear to the Lords and Commons now assembled in Parliament, That the King,
seduced by wicked Counsels, intends to make War
against His Parliament; and for that it is not improbable that, under Colour of raising a Guard for
His Majesty's Person, or some other Pretence, the
Knights, Gentlemen, Freeholders, and Inhabitants of
the County of Norff may be drawn together; therefore you, and every of you, shall take special Care,
that the Ordinance concerning the Militia be forthwith put in Execution through the County; and
the Sheriffs, and all other Officers and Subjects, are
hereby enjoined to assist you, and every of you, therein: And if any Person whatsoever shall levy, or endeavour to levy, any Soldiers, or to draw or keep
together the Trained Bands, or other armed Forces
of the said County, or any other Forces, by Colour
or Pretence of any Commission or Warrant from
His Majesty, under the Great Seal, or otherwise,
without Order or Consent of both Houses of Parliament; you, and every of you, shall, in the Name
and by the Authority of both the said Houses, require and command all Persons to forbear the Execution of such Commission or Warrants, and the
same to be delivered up unto you, or any of you, to
be sent to the Speaker of the House of Commons;
and you, and every of you, Deputy Lieutenants, are
hereby required to draw together such of the Trained
Bands, and other Forces of the said County, as shall
be expedient, for the suppressing of all such Assemblies, and for the apprehending of all or any
Person or Persons as shall, after Admonition and
Command by you, or any of you, made unto them,
to forbear the Execution of any such Commission or
Warrant, or the gathering or keeping together of any
such Forces or Assemblies, still persist in doing the
same, likewise such disaffected Persons as shall be
found raising any Parties or Factions against the
Parliament, to be sent up hither, to answer such their
Offences, as to Law and Justice shall appertain.
"And you, and every of you, the abovesaid Members of the House of Commons, and every of you,
shall, in the Name of the Lords and Commons, require and command the Sheriffs of the County of
Norff. to publish thoroughout the said County the
Declaration formerly published by both Houses of
"And you, and every of you, shall further take Care,
that such Resolutions and Orders of both Houses as
have been, or shall be, delivered or sent down unto
you, or any of you, be put in Execution; and shall
require the Sheriff, Justices of Peace, and all other
His Majesty's Officers and Subjects, to be aiding and
assisting unto you, and every of you, for that Purpose.
"You shall declare unto all Men, That it hath ever
been, and still shall be, the Care and Endeavour of
the Parliament, to provide for His Majesty's Safety;
and that they do not, nor ever did, know of any Evil
intended to His Majesty's Person, which might move
Him to require any extraordinary armed Guard;
and that His greatest Safety is in the Affection and
Fidelity of His Majesty's Subjects, and in the Advice and Counsel of His Parliament; and His greatest
Danger in withdrawing Himself from them; so that,
under Colour of doing Him Service, disaffected and
malignant Persons, obnoxious (fn. *) for their bad Counsels
to the Justice of the Law, labour to raise a Party
against the Parliament, which at the last may break
out into open Rebellion and Civil War, to the Destruction both of King and Kingdom, if the same be
not prevented by the Wisdom of Parliament.
"You, the said Members of the House of Commons, and every of you, shall endeavour to clear the
Proceedings of Parliament from all Imputations and
Aspersions, and shall, from Time to Time, certify us
of all Things which you conceive necessary for the
present Service: And that we may have a speedy
Account of it, and that our Directions to you, as well
as your Advertisements to us, may have a clear and
ready Passage, you, and every of you, shall lay a strict
Charge upon all Post-masters, that they do not suffer
any Letters, or other Dispatches, to or from the Parliament, to be intercepted or stayed; and, if any shall
presume to make such Stay of those Dispatches, you,
and every of you, shall direct the Post-masters to repair to the Justices of Peace, Constables, and all other
Officers, for their Aids and Assistance, who are hereby required to take special Care that there may be no
"You, and every of you, shall take Care, that none
of the Recusants Arms, or other Ammunition of the
said County, shall be carried or taken out of the
County, upon any Pretence or Command whatsoever,
without Warrant from both Houses of Parliament;
and you, and every of you, shall give Order and Direction to the Sheriff, Justices of Peace, and other
Officers, to require and command all the Popish Recusants in that County to confine themselves to their
Dwellings, according to the Statute in that Case provided; and, if such Recusants shall be found to transgress therein, you, and every of you, shall cause the
Justices of the Peace forthwith to bind them to their
good Behaviour, and, upon Refusal or Neglect to give
Security accordingly, to commit them to Prison, and
further to proceed against them according to the Law.
"You shall also, in the Name of both Houses of
Parliament, require all such Persons, who have in their
Custody any Part of the Public Magazine of your
County, to deliver the same unto you, or some of you,
to be employed for the Defence of the said County.
"And you, and every of you, are likewise to give
Charge, from both Houses of Parliament, to all Captains, Lieutenants, and other Officers of the Militia,
that they be observant to such Directions as they shall,
from Time to Time, receive from the Lieutenant of
the said County, or his Deputies, or any of them, for
due Performance of any the Commands of the said
"You, and every of you, shall resist and repel, and
are hereby authorized to resist and repel, by the Power
of the said County, and by all other Ways and
Means, all such Force and Violence as shall be raised or
brought, to any Person or Persons, to the Hindrance
or Disturbance of this present Service, or for the arresting or seizing of the Persons of you, or any of
you, or of any other which shall be employed in the
Performance of the Ordinances, Instructions, and
Commands of both Houses of Parliament, for any
Thing done in Execution thereof; and the Sheriff
and Justices of Peace of the said County, and all
other Officers and Subjects, are hereby enjoined to be
aiding and assisting to you, and every of you, for the
better and more speedy Execution of the Premises.
"And the Lords and Commons do hereby Declare,
That they will protect, defend, and assist, all Manner of Persons, for such Actions as they shall perform in Pursuance of these Instructions, and other
Orders and Commands of the said Houses of Parliament."
E. Warwick's Letter to the Speaker, that he had discharged the Dutch Ships, which he seized in Consequence of their taking the Merchants Strangers Ships.
"My very good Lord,
"I received your Lordship's Command by this Bearer,
for discharging of the Holland Ships, which I had done
the Day before upon your Lordship's former Letter.
I send your Lordship herewith Admiral Trump's original Letter, sent me Yesterday, together with his Exminations of the Masters of such Vessels as he had
seized on; and a Copy thereof, translated into English, as well as I could get it done here. I send you
likewise herewith a Narration made by my Servant,
Jeffry Nightingall, whom I employed to Admiral Trumpe about the said Matter. According
to Directions received from the House of Commons,
I have sent Two Ships to the West, to look after
the Turkish Pirates; whereof One, under Command
of Captain Lee, returned lately from thence; the
other, The Lyon, of the King's; but neither of these
have above Five Weeks Victuals, so that they cannot
stay there above a Fortnight, till a Course be taken
for their victualing. I shall not further trouble your
Lordship at this Time, but only to desire your Lordship to communicate these Particulars to the Parliament, that I may receive their Pleasure herein, which
I shall in all Things carefully observe; and so, commending my Service to your Lordship, I take my
Leave, and rest
From aboard The James, in The Downes, 28th July, 1642.
"Your Lordship's humble Servant,
"A Translation of Admiral Trump's Letter,
written in Dutch, to the Earl of Warwicke.
Admiral Trump's Letter to the E. of Warwick, about his taking the Ships.
"Honourable and Religious Lord,
"Your humble and religious Message of the 23d of
July, Old Stile, by the Hands of your Gentleman
Mr. Jeffery Nightingall, your Secretary, who came
over in a Bark bound for Dunkirke, and hath given
me to understand your Honour's Advice; which was,
that I had taken your Honour's Ships, which are
called by the Name of The English Convoy, which
upon Thursday last came over; and that your Honour
desired to know the Reason, and to return an Answer,
by the Bearer hereof, by the next Packet Boat: It
is thus, that I have received Order from the High
and Mighty my Lords The States General, that I
should make a Stay of all such Ships as should go
for Flanders, and that I should make a Search if they
had any contrabanded Goods in them, and in case any
should be found, that it should all be taken out, and
sent into Holland; and it is so, that I have found, by
all the Masters Relations, that there is in every one
more or less contrabanded Goods, as by the Relation
of the Masters doth appear; notwithstanding, much
they do conceal; but will be found out when the
Goods be searched underneath: And, because of the
Storm, it hindered us, that it was not possible for
us to unlade and to take out the contrabanded Goods;
to lighten them, and to search them the better, we
were forced, for Safeguard of Damage to the Goods,
to send them to Flushing, to be searched, with the
Messenger of the High and Mighty States General;
and they do dispose of them as they shall see Cause.
Thus much for Answer; shall, after my hearty Prayers, rest,
In the Ship Virgin of Dortret, lying before Mardrick, this 3d of August, 1642, New Stile.
"Your honourable religious,
with my whole Mind to
serve at your Service,
"Martin Harbertson Trumpe."
Examinations taken by him, concerning their having Contraband Goods on Board.
"A Translation out of Dutch, of the Examinations of the Masters of the Vessels
which Admiral Trumpe seized on, and
sent by him to the Earl of Warwick.
"The Relation of the Masters of the Ships which
were convoyed over for Dunkirke, by Captain
Blyth, in your Ship The Mary Rose.
"This Master was taken by a French Shallop, which we did take afterwards, being shot with our Guns.
||"William Cumbley, of Dover, Master in a small
Holland Vessel, which came from Ireland from Youghall,and hath, as he faith, Fortyseven or Forty-nine Punchers of Tallow, wherein is Eighteen Thousand Pounds Weight, with Six Hundred and Twenty Hides, and about Twenty Barrels of Christopher's Salt loose, which belongs to one Mr.
Daniell Skinner, of Dover; also Two Packs of White
Irish Cloth; also, of the Master's own Merchandize,Sixty Firkins of Irish Butter, with Two Chests of
Sugar, either weighing Fifty-six Pounds."
"Edward Gilbert, Master of a Hoy of Feverton, in
the River of London, which hath in Eight Thousand
Oranges and Lemons, and some Spanish Reed, as
he doth relate."
This Man is thought to have much Silver in him.||"Thomas Gilbert, Master of The Galwott, of Dover, which hath in a great Deal of Indigo and Spanish Wool, Sike, and Paper, Ginger,
West India Hide, and One Hundred and Eight Pot Brushes for rubbing Brushes to make clean Glass, being One Barrel; all these came from Dover."
"Thomas Waight, Master of a Bark called (fn. *)
Thomas and Elizabeth, of London, which hath in
Fifteen Tun of French Wine, Four Hogsheads to the
Tun, Twelve Ton of Vinegar, Twelve Hogsheads of
Aqua-vitæ, as the Master saith, and did come from
"Robert Agnes, Master of a Fleet belonging to
Burnt Island, which hath in, Rye, Pot Ashes, Hemp,
Clabore, Beef, Gammons of Bacon, and did come
"I do judge it to be Silver.||"Henry Yonge, Master of a Ketch of Dover, and did lade at Dover with Spanish Wool, West India
Hides, and a Quantity of Indigo, also One Case,
but cannot tell what is in it."
"I do judge it to be Silver.||"John Yong, Master of a Ketch of Dover, hath in him Twelve Hundred West India Hides, and a Parcel of Spanish Wool, also One Barrel of Cases, being taken in at Dover; but doth not know what is in them."
"I judge Cases of Silver.||"Richard Haylant, Master of a Ketch of Dover, which hath in a Parcel of Spanish Wool, also Twentysix Hogsheads of Olives, Twenty Barrels of Indigo, Two Cases; but doth not know what is in them, as the Master saith."
"Nicholas Stone, Master of a Ketch of London, which
hath Packs of Cloth, Purpetuans, and other Stuffs,
also Six Pipes of Oil, Eight Hogsheads of Tobacco,
also some Coffers of Passengers."
"Robert Frin, of Bright Hemstead; Master of a Fisher
Boat, which hath in Barrels of Herrings, and Ballast."
"The Admiral of Holland's Reasons to me, Geff.
Nightingall, sent by your Lordship, concerning the Stay of the English Convoy.
His Reasons for detaining, and sending them into Flushing.
"He saith, That he had express Order from The
States of Holland, to stay and search whatsoever
Ships he shall meet, going into any Part of Flanders;
and, if he find any prohibited Goods, to take them
out, and send them presently into Holland.
"That he is to take this Course with all Ships hereafter, which shall come into Flanders (except this
lately-received Order be reversed); yet that he hath
no Authority to meddle with any Ships coming out
of Flanders, going into other Parts.
That his Order is so strict herein, that, if the
Lord High Admiral of England should come to enter
Dunkerke, with the whole English Fleet, he must either
search it or sink by it. This, he said, he would not,
out of Modesty, write; but added, it were good my
Lord Admiral knew it.
"That this Order proceedeth from Intelligence The
States have had of Two Ships secretly loaden with
Powder at Amsterdam, by the Papists of Holland,
and sent into The Downes from thence, under the
English Convoy, to be transported to Dunkerke; as
also of Eight or Nine English Ships, which have
lately brought out of Spayne into The Downes, in Plate
and other Contra Banda Goods, to the Value of Four
Hundred Thousand Pounds Sterling, all which hath been
shipped into other Ships, to be conveyed to Dunkerke.
"That the English Convoy is prejudicial both to
the States of England and Holland; to England, in
regard Dunkerke is by this Means enabled to furnish
Ireland with Arms (which we may lately have known
to be true, and may have Cause to know more fully
hereafter), for that he was certainly informed that,
upon Monday Night last (being the 25th of July),
there were Three Dunkerke Frigates, loaden with Ammunition, to go for Ireland; to Holland, in regard
the foresaid Dunkerke doth satisfy (by the Monies
brought in this Way) the Militia there, and so keepeth them from Mutiny, and besides supplieth all
Flanders with Victuals, which must otherwise necessarily fall into the Hands either of the English or
"That, to prove the bringing of Arms into Dunkerke, under the Protection of the English Convoy,
he saith, That he was told by an English Captain,
that came with the Convoy, that a Lubecker (after
he had discharged his Ship of what he had pretended
to bring in her) took out Thirty as fair Brass Pieces
of Ordnance as ever he saw.
"That, by the Convoy, the Papists are enabled to
do further Mischief: Witness the Two and Twenty
Hundred Thousand Guilders which they have lately
gathered among themselves, to be sent to the Rebels
"Being asked, why, according to his Order, he
had not searched the Ships there where he took them,
but, to the Prejudice of the Owners and Masters,
had sent them to Fleshing, upon a Supposition of
having prohibited Goods in them; he answered,
That it was more than a Supposition; for he had the
Masters Confession of prohibited Goods, and that he
had taken a List (which is sent inclosed in this Letter);
yet nevertheless that he would have searched them
there, if he had not been prevented by a sudden
Storm, which caused him to send them to Fleshinge,
for their Safety.
"Being asked, what should be done with the free
Goods and Ships; he answered, He had given strict
Charge nothing of them should be touched; that
the Masters should be paid their Freight, and the
Ships sent back.
"The Ordinance of Parliament, concerning the
Subsidy of Tonnage and Poundage.
Ordinance for Tonnage and Poundage.
"The Lords and Commons now assembled in Parliament, taking into Consideration the great Perils
and Dangers that may ensue, not only to this Kingdom, but likewise unto that of Ireland, especially in
these Times of apparent Danger, far exceeding all
former Times either of His Majesty or of His Royal
Father King James; and taking into further Consideration the great Debt now due unto the Navy, as
well before the Beginning of this Parliament as since,
amounted to the Sum of Two Hundred Thousand
Pounds, or thereabouts; and that Two and Fifty Ships
of War are now in the actual Service of this Kingdom, as well for the Defence thereof as of Ireland;
and not knowing what other Supply of Ships and of
Store will be further requisite in these Times of
Danger, and well knowing that they cannot be maintained without great Sums of Money, nor the said
great Arrears be satisfied by any Monies already
collected, or owing by Merchants for the Time past:
And, foreseeing the Danger and the Necessity of
the Supply, did long before this Time prepare a
new Book of Rates, which passed both Houses, now
Ordered to be published, wherein they had as well
an equal Respect to the Ease of Merchants, as
to the raising of such Sums of Money as might be
proportionable to those Supplies; and did likewise
prepare and pass a Bill of Tonnage and Poundage,
whereby the Book of Rates is confirmed, which Bill
they have likewise Ordered to be printed and published; which, after they were passed both Houses,
were, upon the 29th Day of June last past, sent
to His Majesty to Yorke, for the Royal Assent; which
His Majesty not having passed, the Lords and Commons did, upon the Fourteenth Day of this Instant
July, command the Earl of Holland, Sir John Holland, and Sir Phillip Stapleton (by whom they did
send the late Petition to His Majesty), in the Name
of both Houses, to move His Majesty, to give a
speedy Passage to that Bill, whereunto His Majesty
hath given no Answer at all: And whereas the former Bill of Tonnage and Poundage did determine
the First Day of this Instant July, since which Time
no Monies intended to be raised by this last Bill have
been collected: Now the said Lords and Commons,
having taken the Premises into due and serious Consideration, for preventing the inevitable Dangers that
must necessarily ensue, without timely Prevention in
that Behalf, have thought good to make this their
Declaration to all His Majesty's loving Subjects:
"First, Whereas (fn. *) by an Act, made this present Parliament, intituled, "An Act for the Relief of the
Captives taken by the Turkish, Moorish, and other
Pirates, and to prevent the taking of others in Time
to come," all Merchants, as well Denizens as Aliens,
for any Goods exported or imported from the 10th
Day of December, 1641, during the Term of Three
Years then next ensuing, are to make due Entries of
such their Goods in the Port of London, and all other
His Majesty's Ports within the Realm of England
and Dominion of Wales, upon the Penalty of the
Forfeiture of the said Goods:
"Now the said Lords and Commons do enjoin all
Merchants, as well Denizens as Aliens, to make due
Entry of all such Goods and Merchandizes as they
shall, during the Continuance of the said Act, export
or import; and, to the Intent that the Entries may be
accordingly made, they do expect that the Customers, Comptrollers, Searchers, and other the Officers
of the said City of London, and other the Ports respectively, do carefully attend their several Charges,
and make due Seizure, as forfeited, of all such
Goods and Merchandize as shall not be entered according to the Intent of the said Statute.
"2. That, although the said last Bill of Tonnage and
Poundage hath not yet had the Royal Assent, and
therefore the Subject by the Law is not compellable
to pay the Duty therein limited to be paid; yet, the
Premises and pressing Necessities considered, the Lords
and Commons do Declare, That it shall be taken as an
acceptable Service to the Commonwealth, by a Manifestation of their good Affections to the Public, of all
those that shall, upon Entry of their Goods, advance
and pay, by Way of Loan, unto the Collectors or
Commissioners which now are or hereafter shall be
named, or to their Deputy or Deputies, all such Sum
or Sums of Money as are payable by the last Book
of Rates, as should have been due in case the said
Bill had passed for a Law.
"3. That every Merchant, so advancing Money as
abovesaid, shall have Allowance, by Way of Defalcation,
of Fifteen Pounds per Centum, out of every Hundred
Pounds he or they shall so advance and pay, over and
above all other Allowances made in the said Bill, or
Book of Rates, or either of them, and so out of every
greater or less Sum after that Rate.
"4. Whereas the Bill of Tonnage and Poundage, now
remaining with His Majesty, cannot have the Force
of the Law, without the further Concurrence of the
Lords and Commons in respect the Speaker of the
House of Commons, by and with the Consent of
the said Commons, is to carry the said Bill up into
the Lords House, for the Royal Assent; as also in
Respect that, in His Majesty's Absence from Parliament, His Majesty hath no Power to pass His Royal
Assent unto a Bill but by His Letters Patents under
the Great Seal, and signed with His Hand, declared
and notified to the Lords and Commons assembled together in the Higher House, as by a Statute made in
23d Year of King Henry the Eighth, Cap. 21. appeareth: Now the Lords and Commons, for the further Assurance of Merchants advancing Monies as
aforesaid, do promise, and Declare, That, before they
consent to the perfecting of the said Bill of Tonnage
and Poundage now remaining with His Majesty, or
any other Bill of Tonnage or Poundage whatsoever,
Provision shall be made, that the said Allowance of
Fifteen per Centum shall be confirmed unto the said
Merchants accordingly; and that they, their Heirs,
Executors, Administrators, and Assigns, shall be for
ever acquitted and discharged of and from the Payment thereof.
"5. To the Intent that no Merchant doth forbear to
advance the said Monies by Way of Loan, according
as hereby is desired, in Hope that the Duties in the
said Bill shall not hereafter become payable from the
First Day of July, 1642; the Lords and Commons
do Declare, That no Bill of Tonnage and Poundage
shall hereafter pass in Parliament, but such as shall
relate and be in Force to compel all Merchants to pay
for all Goods and Merchandizes exported or imported
from the said First Day of July, 1642, on which Day
the former Bill of Tonnage and Poundage expired;
in which Bill there shall be that Clause of Forfeiture
of the Value of all such Goods as shall not be duly
entered in the Custom House, from and after that Day,
in such Manner as in the said Bill is expressed.
"6. That all Merchants, who shall not advance Money by Way of Loan as aforesaid, in regard of the
present and pressing Dangers and Necessities; the Lords
and Commons do Declare, That, at what Time soever
they shall consent to the passing of any Bill of Tonnage and Poundage, all such Persons who shall not
advance Monies as aforesaid shall be charged to pay
the Duties of Tonnage and Poundage, from the said
First Day of July, 1642, during the Term of the said
Bill, in such Manner as by the said Bill shall be provided.
7. That, to the Intent that no Officer belonging to
any Custom House within this Kingdom or the Dominion
of Wales, or other Persons appointed to be Commissioners for receiving such Monies as shall be advanced
by Merchants as aforesaid, be discouraged, by reason
of any Penalties mentioned in any former Acts of
Tonnage and Poundage passed this Parliament, for receiving of any Duties upon Merchandize, not being
granted by Parliament; although the Lords and Commons do conceive, and hereby Declare, That the
receiving of the said Sums of Money beforementioned
is not within the true Intention of the said Penalties,
the same being advanced voluntarily, by Way of
Loan; as also in respect those Acts, and the true Intent of them, were principally to restrain the Crown
from imposing upon the People, without their Consent: Yet, for the further Encouragment of such Person or Persons who shall receive any such Sums, they
do Declare, and promise, That * whenever the said Bill
of Tonnage and Poundage, now remaining with His
Majesty, or any other, do pass for a Law, there shall
be Provision made in such Bill for the Indemnity and
Security of all such Person and Persons in that Behalf.
"8. That whereas, by a former Order of the Commons House of Parliament, the Officers appointed for
that Purpose have Order to take Bonds of all Merchants, for the Payment of One per Centum, to be
raised by virtue of the aforesaid Bill, for the Relief
of the Captives taken by Turkish or other Pirates, or
so much thereof as shall be agreed on by the Lords
and Commons in Parliament: It is now Ordered,
That all such Merchants as shall not advance Money
by Way of Loan, as aforesaid, shall, at all Times
hereafter, upon Entry of their Goods, make Payment
of ready Money for their said Goods, according to the
Tenor of the said Bill; and likewise all such other
Sums of Money as, by virtue of the said Bill, are due
from the said Merchants, upon Bill or otherwise, for
Goods by them formerly entered, since the 10th Day
of December, 1641; by the true Intent of which Act,
the One per Centum, to be paid and received, is to be
taken and received according to such Rates as were
due and payable by the Bill of Tonnage and Poundage which did last determine.
"9. The Lords and Commons do Ordain, That the same
Collectors, or Commissioners, who have formerly received the several (fn. †) Duties upon Merchandize, upon
the several Bills of Tonnage and Poundage passed this
Parliament, shall be and are deputed to be Commissioners, who are enabled, by this Ordinance, to receive all such Sum or Sums of Money, which shall,
at any Time hereafter, be voluntarily advanced, by
Way of Loan, in such Manner as they have formerly
received the former Duties of Tonnage and Poundage;
which said Commissioners, their Deputy or Deputies,
or any One of them, shall have full Power and Authority to give Allowance, by Way of Defalcation,
after the Rate of Fifteen per Centum, out of all such
Monies as shall be advanced, according to the true
Intent of the Ordinance; all which Monies the said
Commissioners, their Deputy or Deputies, shall receive upon Accompt, and shall from Time to Time
issue out the same, as they the said Commissioners shall
be authorized by Order of the Lords and Commons in
Parliament, or of such other Person or Persons as they
shall nominate and appoint, to be employed for the
Uses herein before expressed.
"10. For the more due Execution of the Premises,
and that Account be justly kept, and the Commissioners duly charged; the Customers and Comptrollers,
as well of the City of London as the Out Ports, are
required, once in every Eight and Twenty Days, to
make a true Accompt of all such Entries as have been
made in the several Ports respectively, and of the Monies payable by the said Entries, and are to certify
the said Accompts Monthly unto William Toams, Esquire,
Surveyor General in the Custom House of London,
who is likewise required to make up a perfect Accompt
upon all the several Certificates, and to return in the
same unto the Commons House of Parliament, or to
such Committee as shall be thereunto authorized by
"11. That, for the better Directions as well of the
Merchants, what is to be performed on their Parts,
as of the several Officers of the Custom House in the
several Ports respectively; it is Ordained, by the Lords
and Commons now assembled in Parliament, That a
true Copy of the said Bill of Tonnage and Poundage,
which hath passed both Houses, and now remaining
with His Majesty, shall be printed; and both it and
the said Book of Rates published, and sent as well to
the Officers of the Custom House in the City of London, as unto the Officers of the Out Ports respectively.
"Lastly, for the Encouragement of Merchants Strangers trading in the Port of Dover, to continue their
Intercourse of Trade, and the Importation of Bullion
and Foreign Coin; it is Ordered, by the said Lords
and Commons, That the several Officers in the Port
respectively shall and may, from Time to Time, give
unto all Merchants Strangers the like Respect and
Allowance, in their Customs, as they have formerly