Journal of the House of Commons: Volume 5, 1646-1648. Originally published by His Majesty's Stationery Office, London, 1802.
This free content was digitised by double rekeying. All rights reserved.
Die Sabbati, 20 Februarii, 1646.
Leave of Absence.
ORDERED, &c. That Mr. Nathaniell and Mr. Francis Bacon shall have Leave to go into the Country.
Ordered, &c. That Mr. Snow, a Member of this House, shall have Leave to go into the Country.
A Letter from the Earl of Ormond, from Dublin, of 6 Februarii 1646, directed to Sir Thomas Wharton, and Richard Sallway Esquire; and likewise a Letter from him to the Commissioners in Ulster; was likewise read.
Ordered, &c. That the Letters from the Earl of Ormond, this Day reported to the House, be referred to the Consideration of the Committee of Lords and Commons for the Affairs of Ireland, at Derby-House, to consider, How the Offer and Conditions of the Earl of Ormond may be accepted, made good and effectual to the Earl of Ormond: And they are presently to withdraw; and to bring in a Report this Morning.
Ordered, &c. That the Committee of the Admiralty do take some Course, that Ships may be prepared in a Readiness, for the Transport of such Men, Ammunition, or Victuals, as shall be necessary to be suddenly sent into Ireland; and that they do forthwith send Shipping to the Bay of Dublyn to ride there.
Ordered, &c. That Sir John Clottworthy do go to the Lords, and acquaint them with these Letters from the Earl of Ormond; and desire that they may be referred to the Committee of Lords and Commons for the Affairs of Ireland, in manner as by this House they are referred.
Ordered, upon the Question, That the House do now proceed in the Business of Excise; and dispatch That.
Resolved, &c. That, on Monday Morning next, the first Business, notwithstanding any former Order, the House do take into Consideration, What Garisons shall be continued, and What laid down.
Ordered, &c. That Mr. Richard Sallway be added to the Committee of Lords and Commons for Irish Affairs, and to the Committee for the Affairs of Ireland, at DarbeyHouse.
East India Company.
Upon the humble Petition of the Governor and Company of Merchants of London, trading into the EastIndies;
It is Ordered, upon the Question, That the Governor and Company of Merchants of London, trading into the East-Indies, shall have Leave to export out of this Kingdom of England, in the Three Ships, named the Mary, Eagle, and Blessing, now ready to set Sail for the EastIndies, foreign Coin, or foreign Bullion, to the Value of Sixty-six thousand Pounds Sterling: And that the Commissioners of the Customs and all Customers, Searchers, Comptrollers, and other Officers and Ministers in the several Custom-Houses and Ports of this Kingdom, do permit and suffer the said foreign Coin, or foreign Bullion, to the Value of Sixty-six thousand Pounds, aforesaid, to be exported in the said Ships the Mary, Eagle, and Blessing, accordingly.
Sir John Clotworthy reports, That the Lords do agree to the Referring of the Letters from the Earl of Ormond to the Committee for the Affairs of Ireland, at DerbyHouse, as is desired: And have appointed the Members of their House, that are of that Committee, to withdraw, and meet presently.
Mr. Corbett reports the Remainder of the Instructions concerning the Excise: The which were read; and, upon the Question, passed; and ordered to be sent unto the Lords.
Ordered, &c. That it be referred to the Committee of the Excue to take into Consideration the further Relief and Ease of the Poor in the Matter of Excise, upon the whole Debate this Day had in the House; and to prepare an Instruction or Instructions to that Purpose; and report them to the House on Monday Morning next.
Mr. Corbett further reported the Clause of the Declaration, concerning the Excise, that was re-committed: The which was read; and assented unto: And the Declaration, upon the Question, passed; together with a Clause added, for enabling Justices of Peace, and other publick Officers, to inquire into, and to suppress and punish Rioters and Mutineers about the Excise Business.
The House being informed, That Mr. Robert Benson, a notorious Delinquent, was apprehended by the ProvostMarshal of the City of London, in pursuance of the Ordinance of 12 Decembris 1646, for putting and keeping Delinquents out of the Lines of Communication; and was brought before the Committee of the Militia of London;
It is Resolved, &c. That this House doth approve of the Apprehending and Restraining of the said Mr. Benson: And do further Order, That the said Mr. Benson be forthwith committed Prisoner to Newgate; there to remain a Prisoner, until he be proceeded against as the House shall direct.
Answer from Lords.
Sir Robert Pye brings Answer of the Message, Yesterday appointed to be carried by him to the Lords: To that Order concerning Nottinghamshire, they do agree: To the Order concerning Colonel Graves, they do agree: To the Order concerning the City Guards, and to the Order concerning the Lady Liegh, and Mrs. Herle, they do agree: To the rest, they will send Answer by Messengers of their own.
Ordered, &c. That the Committee of the Army do bring in an Ordinance for putting and keeping Malignants and Delinquents out of the Lines of Communication for Two Months longer.
Proceedings against Benson.
Ordered, &c. That it be referred to the Committee of the Northern Association, to consider of What manner of Proceedings is fit to be had against Mr. Benson, a Delinquent, apprehended by the Militia, in pursuance of the Ordinance for putting Malignants out of the Lines of Communication.
Ordered, &c. That, on Saturday Morning next, the first Business, the House do take into Consideration the Ordinance and Reports concerning the Obstructions in the Sale of Bishops Lands.
Soldiers Widows, &c.
Ordered, by the Lords and Commons, That the Fifty Pounds per Week, formerly paid out of the Sequestrations at Guildhall to the Earl of Mulgrave, and on the Seventh of October last given by both Houses for the Relief of Widows, and others, as the Committee of the Members of the House of Commons, appointed for that Purpose, should think fit, be brought into the common Treasury of the Committee for maimed Soldiers at Christ-Church, to be disposed of by the said Treasurers according to the Intention of that Ordinance; with especial Care of such Widows whose Husbands have died in the Service of the Parliament.
The Lords Concurrence to be desired herein.
Message from Lords.
A Message from the Lords, by Dr. Aylett and Dr. Heath;
The Lords have commanded us to bring unto you an Ordinance, for an Oath to be administered by the Commissioners at Goldsmiths-Hall. They have sent you the King's Letter, inclosed, as it came to them: The Consession of Faith, presented to them from the Assembly of Divines; with their Desire upon it, in Writing: An Ordinance for Mr. Swayne to be Parson of Stoneham in Suffolk. They do desire to put the House in mind of an Ordinance, formerly sent from the Lords, for taking off the Sequestration of Mr. Beck; and likewise of the Ordinance concerning Mr. Hill and Mr. Pennoyer.
The Ordinance for enabling the Commissioners at Goldsmiths-Hall was read.
And the Question for committing it passing with the Negative; the Ordinance passed, upon the Question.
Letter from Commissioners with the King.
The Letter from the Commissioners from HoldenbyHouse, 17 Februarii 1646, directed to the Earl of Manchester, Speaker of the House of Peers, pro tempore; and a Letter inclosed, directed to the Speaker of the House of Peers, pro tempore; to be communicated to the Lords and Commons, in the Parliament assembled at Westminster, dated Holdenby 17 Februarii 1646; and subscribed at the Bottom of the Letter, Charles R; desiring divers Bishops and Divines, named in the Letter, or at least Two of them, to attend him, and to do their Duties unto him in their ministerial Function.
Propositions to the King.
Resolved, &c. That, on Tuesday Morning next, the first Business, and that nothing do intervene, the House do take into Consideration, How the King's Assent may be desired to the Propositions, presented unto him at Newcastle; and to a Proposition concerning the passing and disposing the Bishops Lands.
Ordered, &c. That, Mr. Jeremiah Beck giving good Security to the Committee of Lords and Commons for Sequestrations, to abide and stand to such Order as shall be made by both Houses in the Case depending before them concerning the Sequestration of his Estate, he shall, in the mean time, receive the Rents and Profits of his Estate, as well those already incurred, or remaining secured in the Tenants Hands, as those that shall after accrue, as fully, and as freely, as he might have done, if his Estate had not at all been sequestered.
Earl of Worcester's Estate.
Mr. Reynolds reports the Amendments to the Ordinance for Sale of Part of the Possessions of the Earl of Worcester, for satisfying a Debt to Mr. Pennoyer and Mr. Hill: The which were twice read; and, upon the Question, assented unto: And the Ordinance, so amended, upon the Question, passed; and is ordered to be sent unto the Lords for their Concurrence.
Mr. Reynolds is appointed to carry it to the Lords.
Earl of Pembroke, &c.
Resolved, &c. That this House doth give Consent, that the Earl of Pembroke may come from Holdenby, in regard of his Indisposition of Health.
Resolved, &c. That this House doth Order, That Sir Walter Erle, one of the Commissioners of Parliament, now bruised with a Fall, and indisposed in his Health, at Holdenby, shall have Liberty to come to Town, for Recovery of his Health.
The Lords Concurrence to be desired herein.
Confession of Faith.
Ordered, &c. That, on Friday, the Message concerning the Confession of Faith, be taken into Consideration.
Mr. Sallway reports divers Instructions that were given unto him, and other Commissioners, employed to Dublyn to the Earl of Ormond, upon some Propositions of this House, for the Delivery of Dublyn, &c.: The which were read.
Ordered, &c. That notwithstanding any former Order, that, on Monday Morning next, in the First place, the House do take into Consideration the Business of Ireland, in relation to the Letters this Day reported to the House from the Earl of Ormond, concerning the Delivery of Dublyn, &c.
Answer to Lords.
Answer returned by the same Messengers; That this House hath considered their Lordships Message; and do agree to the Ordinance concerning the Oath to be administered by the Commissioners at Goldsmiths-Hall: To the rest, they will send Answer by Messengers of their own.
Additional Instructions concerning the Excise.
1. THAT no Excise, or Arrears of any Excise, due for any Goods, exciseable, consumed, or spent, be henceforth demanded, levied, or collected, by any Officer or Collector of Excise, due by any Person, before such Time as the Ordinances of Excise have or shall begin to be put in Execution in the several Counties or Cities, or any Part of the said Counties.
2. That no Excise, or any Arrears of Excise, be from henceforth demanded, levied, or collected, by any Officer or Collector of Excise, for any Excise that did grow due by any Person for any Goods, within any County, City, Town, or Place, during the Time such County, City, Town, or Place, were under the Power of the Enemy.
3. That the Excise of Ale and Beer be raised and levied upon the Subjects of this Kingdom, as is prescribed and directed by the several Ordinances of Parliament, for the Assessing, Raising, and Collecting thereof; and not by way of Poll, or otherwise, unless it be where any Person or Persons have or shall, at their own Desire, and free Consent, and for such Time only as they shall so desire, and consent unto, in writing, compound by the Poll, or otherwise, for Beer and Ale brewed in their own Houses, and consumed by themselves and Family within their own Houses.
4. That, upon Complaint made, upon Oath, to any the Justices of the Peace, of any County of this Kingdom, or to any Mayor, Bailiff, or chief Officer, in any City or Town Corporate of the Kingdom of England, or Dominion of Wales, that the Sub-Commissioners of Excise, their Officers or Servants, or any of them, under Colour or Pretext of the Trust in them reposed, and Power given by the several Ordinances of Parliament, have or shall oppress and abuse the People, by exacting or compelling them to pay more or greater Sums of Money than is appointed by the several Ordinances of Excise; or fine, or imprison, contrary to the said Ordinances; or to have converted or employed the Money by them collected to their own Uses, or to any other Use than is appointed by the said Ordinances, or otherwise abuse the said Trust and Power given them; that the said Justices, Mayors, Bailiffs, and chief Officers, have Authority, and are hereby required, to send for the Parties and Witnesses, and to examine the Witnesses upon Oath; giving Notice, of the Party, of the Time of examining the said Witnesses; and the Examinations, so taken upon Oath, to send up in Writing, sealed up, and subscribed by the Hand of the Justices of Peace, or other chief Officer, before whom the said Examination shall be taken, from time to time, within Twenty Days after the Complaint made to both or either Houses of Parliament, or to the Committee of Lords and Commons for regulating the Excise, sitting at the Star Chamber, Westminster; who shall and will proceed to the Consideration of the said Offences, and to the severe and due Punishment of the said Offenders, as to Justice shall appertain.
5. That in case any Justice of Peace, Deputy Lieutenant, or any of the Committees, within the several Counties of this Kingdom, shall refuse, or wilfully neglect, to pay the Excise by them due and payable, and to conform to the Orders and Directions in the several Ordinances of Excise, or that shall affront or publickly abuse the said Sub Commissioners of Excise, or their Officers, within the said respective Counties, in the Execution of their several Duties and Places, according to the Ordinances of Excise; That the Deputy Lieutenants, Justices of the Peace, Mayors, Bailiffs, or other chief Officers, within the said Counties, Cities, and Places, or any of them, upon Notice and Request to them made by the said Sub Commissioners, or any of them, do examine the same upon Oath; and that, within Twenty Days, certify, in Writing, the said Houses of Parliament, or either of them, or the Committee of Lords and Commons for regulating the Excise; who will proceed thereupon against such Persons as to Justice shall appertain, according to their Demerits.
6. That no Persons taking Alms or Collection, shall be compelled to pay Excise for any Ale or Beer that is or shall be brewed in their own Houses, and consumed by themselves and Family within their own Houses.