House of Commons Journal Volume 3: 3 April 1644

Die Mercurii, Aprilis 3, 1644.

PRAYERS.

Articles against Batten.

UPON the Report from the Committee to whom it was . . . . to examine and hear the Articles against Captain Wm. Batten Vice Admiral, preferred by Captain Rich. Blythe jun.;

It is Resolved, &c. That this House doth concur with the Opinion of the Committee; viz. That, upon the hearing of all the Witnesses produced by Captain Rich. Blythe jun. for proving the Articles preferred by him against Captain Wm. Batten Vice Admiral, That the said Vice Admiral hath fully justified and cleared himself, of all the several Matters objected against him in the said Articles.

Batten thanked.

Ordered, That Mr. Grimston and Mr. Green do, from the House, return Thanks to Captain Wm. Batten Vice Admiral, in Testimony of the good and faithful Service done by him; and to desire him, that he will with all Speed repair to his Charge.

Naval Commissions.

Ordered, That Mr. Green and Mr. Grimston do desire the Lord Admiral, to send the Commissions to the Captains and Officers of this next Summer's Fleet.

Preachers appointed.

Ordered, That Mr. Obadiah Sedgewick, and Mr. Case, be desired to preach, the next Day of publick Thanksgiving, before the House of Commons, being on Tuesday next, at Saint Margaret's, Westminster.

Money for Army.

The Amendments to the Ordinance for reimbursing such well-affected Persons as shall subscribe or advance Monies for the present setting forth of a Reserve of Forces, were this Day read; and assented unto; and the Ordinance, with the Amendments, passed, upon the Question; and ordered to be sent unto the Lords, for their Concurrence, by Sir Rob. Harley.

Haberdashers Hall Revenue.

Sir Rob. Harley is appointed to acquaint the Lords, at the next Message, That the Service of collecting Monies at Haberdashers Hall, is at a Stand; in regard that the Officers employed by the Committee at Haberdashers Hall, in that Service, are under Restraint, by Order of the Lords.

Copley's Petition.

Resolved, &c. That the humble Petition from Commissary Copley, this Day presented, shall be read To-morrow Morning.

Message from Lords.

A Message from the Lords, by Serjeant Whittfield and Sir Edw. Leech;

The Lords have received a Paper from the Ambassador of Spayne, and a Petition, which they conceive to be a Matter of great Importance; and that it requireth a speedy Resolution, lest it should prove prejudicial to the Merchants trading into Spaine and Dunkirke; and desire that some Course may be observed, whereby both Houses may speedily take the same into Consideration.

And they have commanded us further to let you know, that they did formerly send an Ordinance to this House, excluding the Members of both Houses for sitting in Parliament, without the Consent of both Houses: They desire you speedily to take the same into Consideration; and that they may hear from you.

Message to be considered, &c.

Ordered, That this Message from the Lords, and the Ordinance mentioned in the said Message, be brought in; and both considered of To-morrow Morning.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and have resolved to take both the Desires into a speedy Consideration.

Message from Lords.

A Message from the Lords, by Serjeant Whittfield and Sir Edw. Leech;

The Lords having formerly received an Ordinance concerning Salt-petre, they do agree unto the said Ordinance, with the Alterations and Amendments they have herewithal sent.

They formerly sent down unto you the Petition of Captain Kettleby; in which they desired that the said Petition might be referred to the Committee of the Navy; and desire the Concurrence of this House therein.

Kettleby's Arrears.

Resolved, &c. That Fifty Pounds shall be allowed and forthwith paid unto the Wife of Captain Kettleby, out of the Arrears of Pay to Captain Kettleby: And it is referred to the Committee of the Navy, to take Order that the said Fifty Pounds be forthwith paid unto her accordingly.

Salt-petre.

The Amendments to the said Ordinance touching Salt-petre, were read; and, by Vote, assented unto; and the Ordinance, with the said Amendments, ordered to be forthwith printed.

Answer to Lords.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and do agree to the Amendments, sent from their Lordships, to the Ordinance touching Salt-petre; and have ordered, that Fifty Pounds shall be allowed and paid unto the Wife of Captain Kettleby, according to the Desire of the Petitioner.

Grounds of Peace, &c.

Mr. Prideaux reports the Matter of Fact arising from the late Conference with the Lords, touching the referring the Grounds of Peace, and Papers from the States Ambassadors:

That the Matter of Fact, and the Case thereupon, was not as it was stated by the Lords at that Conference; the Lords conceiving, that they were first possessed of the Matter; and had nominated a Committee of Nine Lords, to which they had referred it; and that they have not receded from a Committee of their own in such Cases, at the Instance of the House of Commons: Whereas, it appears by the Books, That the Lords did not nominate a Committee of their own, for this Business, until the Desire of the House of Commons, of referring it to the Committee of both Kingdoms, was first brought up to your Lordships, and reported: And, as the Case so stands before the House of Commons, they have many Precedents to offer, That, when they have desired the referring of any subsequent Business unto a Committee of both Houses, already in being, the Lords have consented with them, without any Breach of Privilege: And the same hath likewise been consented unto by them, upon the like Desires of the Lords, without any Breach of Privilege: And then instanced in the Committee of Safety; - of Sequestrations; - at Haberdashers Hall; - and the Committee appointed for the Paper, and his Majesty's Letter from Oxon.

After some Debate, it was agreed that this should be the Substance of a free Conference with the Lords, upon this Matter; and that it should be left to the Managers, to enlarge themselves, by pressing and urging of Arguments.

Conference with Lords.

Mr. Prideaux, Mr. Sam. Browne, Sir H. Vane jun. Mr. Solicitor, are appointed Managers of this free Conference.

Sir Walt. Erle is appointed to go to the Lords, to desire a free Conference, by Committees of both Houses, so soon as may stand with their Lordships Conveniency, touching the Matter of the late Conferences concerning the referring the Papers from the States Ambassadors.

Answers from Lords.

Sir Rob. Harley brings Answer, That the Lords do agree to the Ordinance carried up by him; to the Day for publick Thanksgivings; and have discharged the Officers of Haberdasher's Hall.

Sir Walt. Erle brings Answer, That the Lords do agree to a present Conference, upon the Matter desired.

Prince Elector.

Sir Simonds D'Ewes reported from the Committee, the Copy of a Letter to be sent to his Highness the Prince Elector, from both Houses, in Answer to several Letters from his Highness: The which was read; and re-committed to Sir Simonds D'Ewes, Mr. Strode, Mr. Whitelock, Sir Jo. Clottworthy, and Mr. Reynolds: And they are presently to withdraw: and to bring it in, so soon as the Conference shall be ended.

The Conference ended: And, Mr. Speaker resuming the Chair;

Mr. Whitelock reported the Letter: The which was read; and, by Vote upon the Question, assented unto; and, ordered to be sent unto the Lords, for their Concurrence.

Resolved, &c. That, whereas an Order was made, ultimo Martii, Die Veneris, 1643, that Three thousand Pounds should be assigned to the Prince Elector, out of the King's Revenue, next after the Monies to be paid to the King's Children; of which Order the Prince Elector hath yet received no Benefit, it being now near upon a Twelvemonth since the making of it; That the Committee for the said Revenue be quickened to make speedy Payment of the said Assignment.

Irish Affairs.

Ordered, That the Business concerning Ireland be taken into Consideration To-morrow, the first Business.

Prince Elector.

An Ordinance concerning assigning the Profits of the Aulnage to the Prince Elector, was this Day read the First time.

Advancing Money for Army.

It having pleased Almighty God to give the Forces under the Conduct of Sir Wm. Waller, and Sir Wm. Balfoure, for the Service of the King and Parliament, a late Victory against the Enemy; which, being timely pursued, may, by his Omnipotent Blessing, put an End unto those unnatural Civil Wars: And the Committee of the Militia of the City of London, having, to this Purpose, at the Desire of the Committee of both Kingdoms, agreed forthwith to send out some of the Horse and Foot under their Commands: As well the better to enable the said Committee for this Service, as for the Encouragement and Security of all such well-affected Persons as shall advance and lend any Monies towards the Payment of the Brigade of General Major Browne, already sent, and of other Forces from time to time to be sent, by the said Committee, for this Service aforesaid, according to the Establishment of the Kingdom; The Lords and Commons, in Parliament assembled, do Declare, That the advancing of the said Monies shall be taken for a very acceptable Service, and an evident Testimony of the Continuance of their Zeal to the Service of the King and Parliament, and the Preservation of the Kingdom from Ruin: And do further Ordain, That all such Monies, so advanced and lent as aforesaid, not exceeding the Sum of Twenty thousand Pounds, shall be repaid, with Interest after the Rate of Eight per Cent. out of the Receipts of the Excise and new Impost, granted by Ordinance of Parliament, dated the Eleventh of September last, which is to be continued for One Year longer, to wit, the First Half-year's Interest, at Six Months after the Loan of the said Monies; and the last Half-year's Interest, together with the Principal, at the End of the next Six Months following: All which Sums of Money, so advanced and lent, as aforesaid, are forthwith to be brought in and paid to the Treasurers for Money and Plate at Guildhall; whose Receipt or Receipts, under the Hands of any Two of them, shall be a sufficient Security and Warrant for the Re-payment of such Monies, with Interest, at the Times before expressed, unto such Person or Persons as shall advance and lend any Money upon the Conditions aforesaid: Which Monies are again to be issued, and paid out, by the said Treasurers, according as they shall be directed by the said Committee of the Militia of London, for the Uses aforesaid. And the said Lords and Commons do hereby authorize the Commissioners of the Excise and New Impost, for the Time being, to pay the said Twenty thousand Pounds, or so much thereof as shall be lent or advanced, for this Service, with Interest, after the Rate of Eight Pounds per Cent. at the Times before-mentioned, unto such Person or Persons as shall advance the same, or any Part thereof: And do further Ordain, That, as no Ordinance or Assignment, which is not already passed upon the Receipt of Excise, except the Ten thousand Pounds, Remainder of the Twenty thousand Pounds assigned for recruiting my Lord General's Army, and except the Twenty thousand Pounds promised for the Western Counties, shall precede this Ordinance, whereby the Monies thereby advanced may not be duly paid at the Times herein expressed; so, in case the Receipts of the Excise should, in the Interim, surcease, or otherwise fall short, the said Lords and Commons do hereby Declare, That they will provide, by some other Ways and Means, for the Reimbursement of those who shall advance and lend the Monies aforesaid, according to the true Intent and Meaning of this Ordinance. And the said Lords and Commons do further Ordain, That the said Committee of the Militia shall, from time to time, give Account to both or either Houses of Parliament, or to whom they shall direct, how they have caused the said Monies to be issued; to the end it may appear, it is disbursed for the Uses expressed in this Ordinance, and not otherways.

Making Salt-petre.

Whereas the great Expence of Gunpowder, occasioned by the present War within his Majesty's Dominions, hath well near consumed the old Store, and exhaust the Magazines so fast, as, without a larger Supply, the Navy, Ports, and the Lands Arms cannot be furnished: And whereas foreign Salt-petre is not equal in Goodness with that of our own Country; and the foreign Gunpowder far worse conditioned, and less forcible, than that which is made in England: And whereas divers foreign Estates have of late prohibited the Exportation of Salt-petre and Gunpowder, out of their own Dominions and Countries; so that there can be little Hope of future Expectation of any Petre or Powder to be brought into this Kingdom, as in former Times; which will enforce us to make use of our own Materials: It is held most necessary, that the digging of Salt-petre, and making of Gunpowder, should by all fit means be encouraged at this Time, when it so much concerns the publick Safety. Nevertheless, to prevent the reviving of those Oppressions and Vexations, exercised upon the People, under the colourable Authority of Commissions granted to Salt-petre-men (which Burthen hath been eased since the Sitting of this Parliament) and, to the end that there may not be any Pretence to interrupt the Work; it is Ordained, by the Lords and Commons, in Parliament, That such Persons as shall be nominated and allowed, by the Committee of Lords and Commons for the Safety of the Kingdom, or any Five of them, their Factors, Workmen, and Servants, shall have Power and Authority, by this present Ordinance, to search and dig for Salt-petre, in all Stables, Cellars, Vaults, empty Warehouses, and other Outhouses, Yards, and Places likely to afford that Earth, at fit Seasons, from half an Hour after Sun-rising in the Morning, till an Hour before Sun-setting; and in Pigeon-houses, likely to afford that Earth, at fit Seasons, from Nine of the Clock in the Morning, till Three of the Clock in the Afternoon; the said Salt-petre-men, at their own Costs and Charges, levelling the Ground, and repairing any Damage which shall be done by them: Wherein, if the Salt-petre-men do fail to give Satisfaction, to the Contentment of the Owners, upon Complaint made by the Parties grieved, unto the Deputy Lieutenants, Justices of Peace, Committees of Parliament, or any One or more of them, and they, or any One of them, shall have Power to compel the said Salt-petre-men to lay the Ground in as good Order as before the breaking up, Working only excepted; and likewise to give such reasonable Satisfaction for the Damage, as he or they, in his or their Discretion, shall think fit: Which not being obeyed, the Name and Offence of such Person or Persons refusing shall be returned to the said Committee of Lords and Commons for the Safety of the Kingdom, or any Five of them. And, forasmuch as the Salt-petre-men, for the Provision of the State, are to bring in a Proportion of Salt-petre Weekly; which they can be in no ways able to do, in case they should be denied to dig and work for Salt-petre; it is therefore Ordered, That, in case any Person whatsoever shall refuse to suffer Saltpetre-men, allowed by the Committee of Lords and Commons for the Safety of the Kingdom, or any Five of them, to dig and work for Salt-petre, according to the Rules and Limitations before mentioned, upon Complaint thereof made to the Deputy Lieutenants, Justices of Peace, Committees of Parliament, or any One or more, then they, or any One of them, shall hereby have Power to enforce the Obedience of the Parties so refusing; or to certify their Offence, and Names of the Offenders, to the Committee of Lords and Commons for the Safety of the Kingdom, to be proceeded against, according to their Demerits. And it is likewise Ordained, That the said Salt-petre-men, for the Carriage of the Liquor, Vessels, and other Utensils, from Place to Place, and delivering of the Salt-petre where the same shall be made into Gunpowder, it shall be lawful for the said Salt-petre-men to demand and take Carts, by the known Officers, so as the Lading shall not exceed Twenty Hundred Weight, and the Journey not exceed Ten Miles by common Estimation for Carriage; whereof the Owner shall be paid after the Rate of Eight pence per Mile; and the empty Vessels are to be re-carried gratis: And the said Salt-petre-men are likewise to be freed from all Taxes and Tolls, demandable for any of their Carriages used about the said Works. And in case any Person whatsoever shall refuse to suffer the said Salt-petre-men to dig, or to do any other Thing, in pursuance of this Service, according to the Limitations and Directions hereby given; then the Salt-petre-men shall return the Names of such Persons so refusing to the Committee of Lords and Commons for the Safety of the Kingdom, or any Five of them, to be proceeded against according to their Demerits; by which means the Work of making Powder in this Kingdom (which else will be let fall in this Time of Danger) may be continued and cherished; and the Subjects may have the Benefit of Powder at far easier Rates than now it is sold for: For which Purpose, it is, lastly, Ordained, That the said Committee of Lords and Commons for the Safety of the Kingdom, shall, by virtue of this Ordinance, have Power and Authority to put this Ordinance in Execution; and to do and perform all such Thing and Things, as to them shall seem expedient, for the better effecting of this Service. And it is further Ordained, That such Salt-petre-men as shall be allowed as aforesaid, shall take such Outhouses for their Workhouses to set their Vessels and Utensils in, as shall be fit, and may be reasonably spared; and to have, take, and draw, Water, fit for their said Works; they giving Satisfaction to the Contentment of the Owners thereof: Or, if they shall not agree of such Satisfaction, that then they appeal to Deputy Lieutenants, Justices of Peace, or Committees of Parliament, or any one or more of them; who may make such Order therein, as to him or them shall seem fit: Which Order shall bind both Parties. This Ordinance of Parliament to continue for Two Years, from the Twenty-fifth of March 1644.