DIE Martis, videlicet, 28 die Novembris.
Ds. Grey de Warke, Speaker.
Comes Essex, Lord General.
L. Viscount Say & Seale.
Answers from the H. C.
The Messengers sent Yesterday to the House of Commons return with this Answer:
That they have delivered their Message concerning
the Payment of the Arrears to the Earl of Stamford,
and have delivered the Earl of Warwicke's Letter, which
they will take into Consideration.
Sir Edward Leech and Dr. Aylett sent Yesterday to
the House of Commons return with this Answer:
That they have delivered their Message concerning
the Earl of Stamford and the Lord Wharton, and they
will take the same into Consideration.
French Ambassador to have Satisfaction, concerning the Manner of his presenting Papers to the Houses.
It was reported, by the Earl of Northumb. "That,
upon the Delivery of the Answer of both Houses to
Prince Harcourt, in Discourse he let fall some Words
as if he did not conceive himself included in the Declaration of both Houses, that nothing shall be offered to the Houses of Parliament from any Ambassador but what is subscribed with their Hands,
and seemed to be discontent therewith:" Hereupon
[ (fn. *) this House] conceived this Business to be a Matter
of great Consequence, and thought it fit that Prince
Harcourt should have some Satisfaction herein.
Message from the H. C. with Orders.
A Message was brought from the House of Commons,
by Mr. Trenchard:
1. To desire Concurrence in Four Ordinances:
1. To pay Two Thousand Pounds for the Garrison of Windsor, to Colonel Venn. (Here enter it.)
Order for reimbursing Monies advanced by Sir John Hornev and others;
"It is this Day Ordered, by the Lords assembled
in Parliament, That, upon making up of the
Accompt of the Monies disbursed and lent
by Sir John Horner and others, for the Use
of the State, and to Bristoll, that this House
doth Order, That they shall be satisfied out
of the Monies that come in upon the Twentieth Part, next after those Monies that are
already assigned are satisfied."
2. An Order to pay to Ric'd Hart Twenty Pounds,
for Demurrage of a Ship at Dublin.
(Here enter it.)
3. An Order for the Commissioners of the Excise
to re-pay themselves the Sum of Five Thousand
Pounds, which is to be sent to Sir Wm. Waller.
(Here enter it.)
4. Additional Articles to the Ordinance of the
Assize. (Here enter it.)
and to expedite the Great Seal.
5. To desire Expedition in the Propositions concerning the putting of the Great Seal into Execution.
E. of Kent to be One of the Commissioners in the room of the E. of Rutland.
The Earl of Rutland made it (fn. *) his Request to this
House, "That their Lordships would please to excuse
him from being a Commissioner for the keeping of
the Great Seal, in regard of his ill Health:" Hereupon this House excused the Earl of Rutland, and nominated the Earl of Kent to be One of the Commissioners
in his Lordship's Place.
The Answer returned was:
Answer to the H. C.
That this House agrees to all the Orders now brought
up; and their Lordships will take the Business of the
Great Seal into present Consideration, and send an Answer by Messengers of their own.
Committee to consider of the Oath to be taken by the Commissioners of the Great Seal.
Next, this House took into Consideration the Oath
to be given to the Commissioners of the Great Seal;
and committed it to the Consideration of the Lord Viscount Say & Seale, the Lord Wharton, and the Lord
Howard, who are to report to this House what Alterations are fit to be made therein.
The said Committee withdrew presently.
Message from the H. C. for the Horses raised in Middlesex to be sent to the Lord General.
A Message was brought from the House of Commons, by Mr. Strode, &c.
To desire their Lordships Concurrence in an Order
for some Horse to be presently sent to the Lord General:
"That the Horses raised by the Hamletters and in
Midd. and not already with the Earl of Manchester,
shall be assigned and sent to my Lord General, notwithstanding any former Ordinance."
The Answer returned was:
That this House agrees in this Order now brought
The Lord Wharton reported the Alterations to be
made in the Oath, which were read, and Agreed to.
Propositions concerning the Great Seal.
Next, the First Proposition was read, as followeth:
"That whereas the Speaker of the House of Commons, by Order of that House, is now intrusted with
the present Custody of the Seal, that the Speaker of
the House of Commons, together with the whole
House, may bring up this Seal to the House of Peers;
and that it may be there delivered, at the Bar, by the
Speaker of the House of Commons, to the Speaker of
the House of Peers; and that then and there the
same be delivered, in the Presence of both Houses,
to the Commissioners; and that an Entry thereof may
be made accordingly in the House of Peers, as they
will make an Entry thereof in their own House."
Resolved, upon the Question, (fn. *) That this House
agrees with the House of Commons in this Proposition.
The Second Proposition was read, as followeth:
"That it may be kept at Mr. Browne's Office, at
Westminster, Clerk of the House of Peers, to be continually sealed up with Three of the Commissioners
Seals, there to be put up, thus sealed, in an Iron
Chest to be provided for that Purpose, to be under
Three Locks, each Commissioner to have his Key;
and not to be taken forth without Authority from
Three of the Commissioners."
Resolved, That this House agrees with the House
of Commons in this Proposition.
Next was read the Oath of the Commissioners, as it
is altered by this House; videlicet,
Oath to be taken by the Commissioners.
"Whereas, by Authority given you by Ordinance of
both Houses of Parliament, you are made Commissioner of the Great Seal of England, you shall swear,
that well and truly, according to your Skill and
Knowledge, you will perform your Duty, in the Execution of the said Office."
Resolved, upon the Question, That this House approves of this Oath.
Message to the H. C. about it; and with Lady Chandois's Petition.
A Message was sent to the House of Commons, by
Sir Edward Leech and Dr. Aylett:
To let them know, that their Lordships have taken
into Consideration the Propositions sent up from them,
for Manner of delivering the Great Seal to the Commissioners, and have appointed the Day on Thursday
next; likewise their Lordships do agree it shall be kept
at the Clerk of the Parliaments Office, as is particularly
expressed; and touching the Oath to be given to the
Commissioners, their Lordships have framed another,
wherein (fn. †) they desire their Concurrence.
Also to deliver the Petition of the Lady Chandois,
with Recommendations to the House of Commons.
Lastly, to let them know, that their Lordships have
nominated the Earl of Kent to be a Commissioner for
keeping the Great Seal, in the Place of the Earl of Rutland, wherein they desire their Concurrence.
Lord Say & Seal to continue Master of the Court of Wards and Liveries, notwithstanding the King has appointed another.
It was moved, "That whereas formerly the Lord
Viscount Say & Seale was made by His Majesty
Master of the Court of Wards and Liveries, by virtue of the Great Seal of England, to hold it Quam diu
se bene gesserit, and had the Seal belonging to that
Court delivered to him; yet now it is certainly in
formed, that there is a new Master of the Court of
Wards made at Oxford, and a new Seal, whereby the
Lord Viscount Say & Seale is wholly put out of his
Place, though no Crime or Misdemeanor can be objected against him:" Hereupon this House Ordered,
That the Earls of Kent, Bollingbrook, Rutland, and the
Lord Wharton, shall consider of drawing up of an Ordinance of both Houses of Parliament, for the annulling
and avoiding the new Seal of the Court of Wards made
at Oxford, and for the establishing the Lord Viscount
Say & Seale the Attorney of the Court of Wards, and
Sir Benjamin Rudyard Surveyor of the said Court, in
their several Places, as they hold them by Patent from
His Majesty; and their Lordships are to present the said
Ordinance to this House.
Order for 2000l. for the Garrison of Windsor.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Committee
of Lords and Commons at Habberdashers Hall do take
the Arrears of the Garrison in Windsor Castle into their
present Consideration, and with all convenient Speed do
pay unto Sir Gilbert Gerrarde Treasurer at Wars the
Sum of Two Thousand Pounds; who is hereby required and ordered, forthwith upon Receipt of the
whole or any Part thereof, to pay the same unto Colonel John Ven Governor of the said Castle, or to
such as he shall authorize to receive the same, for and
towards Satisfaction of the said Arrears due unto the
Order for 20l. to Mr. Hart, for Demurrage of a Ship at Dublin.
"Upon Mr. Goodwin's Report from the Committee
for Irish Affairs, That Richard Hart is owing for
Demurrage of a Ship at Dublin, as is certified by the
Lords Justices and Council there, the Sum of Twenty
Pounds: It is this Day Ordered, by the Lords and
Commons in Parliament assembled, That the said
Richard Hart be paid the said Sum of Twenty Pounds,
out of the Adventurers-money for Ireland, and such
Monies as shall be next raised for the Service of Ireland; and that the Treasurers and Receivers of those
Monies do pay the same unto Nicholas Loftus Esquire,
Treasurer at Wars for that Kingdom, to be by him
paid over unto the said Richard Hart, or his Assigns."
Order for 5000l. to Sir William Waller.
"The Lords and Commons in Parliament assembled,
having by Ordinance, dated the 27th present, assigned Five Thousand Pounds for the Supply of Sir
William Waller, upon the Credit of Excise; and John
Towse Esquire and Alderman, with the rest of the
Commissioners of Excise, having advanced Two
Thousand Pounds of the said Sum of Five Thousand
Pounds, for the Service aforesaid: It is hereby Ordained, by the said Lords and Commons, That the
said Commissioners of Excise shall and may re-pay
themselves, out of such Monies as shall first come in
upon the Receipt of Excise, over and above such Monies as by former Ordinance are assigned unto the
Merchants Adventurers, or advanced by them the
said Commissioners of Excise, upon any former Ordinance; and to pay themselves after the Rate of
Eight per Cent. Interest, for so long Time as the
said Commissioners shall be out of the said Sum of
Two Thousand Pounds, or any Part thereof."
"Additional Articles of the Lords and Commons
in Parliament, to the Ordinance of Excise.
Additional Articles to the Ordinance of Excise.
"The Lords and Commons assembled in Parliament,
finding it necessary to advance the Duty of Excise,
and to remove such Obstructions as may hinder the
same, do Ordain and Declare, and be it Ordained
and Declared by the said Lords and Commons in
Parliament, That no Cocket, Bill of Entry, Ballastbill, Bill of Store, Transire, Port-cocket, Certificate,
Bill of Sufferance, or other Entry or Warrant whatsoever, for any Ship or Vessel, Victual, or Provision,
Goods, or Merchandizes, going out or coming in,
exported or imported, into any the Ports, Havens,
or Creeks of this Realm and Dominion of Wales,
be suffered to pass, by the Commissioners of the Customs, or their Deputies, or any other of His Majesty's or their Under Officers, before such Cocket,
Bill of Entry, Ballast-bill, Bill, Bill of Store, Transire,
Port-cocket, Certificate, Bill of Sufferance, or other
Entry or Warrant whatsoever, be signed or subscribed
by such Deputy, or other Officer, as shall be appointed by the Commissioners of Excise, or their Subcommissioners within their respective Bounds and
Circuits, upon Pain of being proceeded against as
Contemners and Eluders of an Ordinance of Parliament; and all such Commissioners of the Customs
and Duties of Tonnage and Poundage, their Deputies, and all other His Majesty's Under Officers,
in all Ports, Havens, and Creeks of this Kingdom,
and Dominion of Wales, are for the future required,
from Time to Time, to concur with the said Commissioners of Excise, and their said Sub-commissioners,
in all Things which they shall reasonably propound
and desire of them for the Advance of this Service;
and the said Commissioners for the Customs and
Duties of Tonnage and Poundage for the Ports of
London are more particularly required to provide and
set out a convenient and capable Seat, for the Surveyor appointed by the Commissioners of Excise, in
the Custom-house of the Port of London; that no
unknown Person, or others living beyond the Seas,
Planters in The West Indias, and Virginia, or others
who have no certain Habitation in the Town or Port
where any Entry of Goods Inward shall be made, be
permitted to take up their Goods, or to receive any
Warrant from the Commissioners of Tonnage and
Poundage, or their Deputy Officers, till the Duty
of Excise be first paid, or sufficient Security given
by Bond to the Commissioners of Excise for the Payment thereof at the Time when such Goods or Merchandizes shall be first sold; that the said Commissioners for Customs, Tonnage and Poundage, shall
make no such Warrants, till the Excise be paid or
secured; and that no Shop-keepers or Retailers of
Goods whosoever, entering their Goods as Merchants,
or in Names of other Merchants, be permitted to take
up his or their Goods before the Duty of Excise
be first paid; and that all Goods entered by Retailers or Shop-keepers since the 11th of September last
shall pay the Excise due for the same within Ten
Days after the Publication of this Ordinance, upon
Pain of Forfeiture of Double the Value of such
Goods, to be levied in such Manner as by the Ordinance of Excise is appointed for other Penalties;
that no Merchant, or Importer of any Foreign Goods
whatsoever, making First Entry thereof in any Port
Town, and afterwards bringing the same by Land
Carriage to the City of London, be permitted to dispose of such Goods from the Waggons, till first a
Copy of the First Entry at such Port Town be delivered to the Officer or Officers of Excise, to the
End the Duty of Excise may be paid or secured,
upon the like Penalty as aforesaid, and to be levied
in such Manner as aforesaid: Provided, and be it
further Ordained, That no Fees or Reward shall be
taken or demanded, by any Person, for any Entries
to be made by force or virtue of this Ordinance, on
Pain of such Punishment as shall be inflicted upon
the Offenders by both Houses of Parliament, and
Forfeiture of Treble the Value of all such Fees or
Rewards by them so taken or demanded, to be levied
House adjourned till 10 a , Thursday.