Journal of the House of Lords: Volume 5, 1642-1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ videlicet, 1 die Augusti, Post meridiem.
The Lord Kymbolton was appointed to be Speaker this Day.
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 Windsor Castle."
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 in Ireland.
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. 1) 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 Poundage.
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 Kingdom."
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 own.
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 of Justice.
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 Parliament.
"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. 2) 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 such Interruption.
"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 Houses.
"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, "Warwick."
"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.
"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."
"Thomas Waight, Master of a Bark called (fn. 3) The 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 Nance."
"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 from Danzick."
|"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 Hollander.
"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 of Ireland.
"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. 4) 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. 6) 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 them.
"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 done."