House of Commons Journal Volume 4: 18 February 1645

Die Martis, Februarii 18, 1644.

Prayers.

MR. Green reports the Proviso, sent from the Lords, to the Ordinance of Tonage and Poundage, concerning the Importation of Currans; and re-committed, upon the Question, unto the same Committee: Who are to meet upon it, peremptorily, this Afternoon at Three of Clock, in the Treasury-Chamber: And Report of it is to be made To-morrow Morning.

Ordered, That it be referred to the Committee of both Kingdoms, to take into serious and speedy Consideration the mutinous Soldiers; and to take some Course for the Quieting and Ordering of them; and to report their Proceedings hereof to the House: And Colonel Cromwell is to take care hereof; and to give an Account hereof to the House To-morrow Morning.

Ordered, That Mr. Long do go to the Lords, to desire them to pass the Ordinance concerning Martial Law here in London.

Ordered, That Eighty thousand Pounds shall be forthwith provided and advanced for the publick Service of the Army: And that any Three Months Assessments granted by the Ordinance for the new Model, after the first Four Months, shall be to secure the Eighty thousand Pounds to be borrowed for this Service.

Ordered, That Mr. Jo. Goodwyn do bring in an Ordinance for Pressing of Soldiers, to recruit the Army under Sir Tho. Fairefaxe, out of the Counties in the Ordinance, according to such Numbers and Manner, as both Houses shall direct.

Ordered, That Sir Jo. Evelyn of Surry, Sir Jo. Evelyn of Wilteshire, Sir Gilbert Gerard, Mr. Recorder, Lieutenant-General Cromwell, Mr. Nicoll, Sir Sam. Rolle, Sir Rob. Pye, Mr. Bond, Mr. Prideaux, Mr. Vassall, the Lieutenant of the Tower, Sir Tho. Soame, Mr. Green, Mr. Harvey, do endeavour, to their utmost, the Procuring of this Money upon this Security: And that they give an Account of their Endeavours and Proceedings herein on Thursday Morning next.

Ordered, That Sir Sam. Rolle, Sir Arth. Heselrig, Sir Hen. Cholmeley, Colonel Asheton, Sir Jo. Evelyn of Surry, Sir Jo. Curson, Sir Peter Wentworth, Sir Jo. Hippisley, Sir Walt. Erle, Colonel Allured, be added to the Committee appointed to take care of recruiting the Army, &c. under Sir Tho. Fairefaxe.

Mr. Sam. Averye, Mr. Rich. Bateman, Mr. Christopher Packe, Mr. Charles Lloyd, Mr. Walt. Boothby; who made divers Propositions for collecting the Customs, and carrying on that Affair; and for advancing Monies for carrying on the Affairs of the Navy (the which Propositions were read on Saturday last; and approved of); were this Day called in; and, in the House, subscribed the said Propositions.

Ordered, That there be forthwith provided and furnished out of the publick Stores, for the Service of the Isle of Wight, Forty Barrels of Powder, One Ton of Match, Three hundred Culverin-Shot, One thousand Demi-Culverin-Shot, One thousand Saker-Shot, and Two Ton of Lead: And the Lieutenant of the Ordnance is required to take notice hereof; and to furnish these Provisions, accordingly.

Ordered, That Mr. Green do, To-morrow, make Report of the Business concerning the furnishing the publick Stores.

The humble Petition of Thomas Richardson, WaggonMaster-General, was this Day read.

Mr. Millington carried up to the Lords, for their Concurrence, the Ordinance for Raising of Twenty-one thousand Pounds by a monthly Assessment, towards the Payment of the Scotts Army under the Earl of Leven.

He was likewise to represent unto the Lords the Necessity of a Court-Martial here in London; and to desire them thereupon to expedite the Ordinance concerning Martial Law.

Mr. Millington brings Answer, That the Lords will take the Messages, carried up by him, into speedy Consideration; and send Answer by Messengers of their own.

Ordered, That it be referred unto Mr. Sam. Browne, Mr. Recorder, Mr. Serjeant Wilde, Mr. Lisle, Mr. Selden, Mr. Maynard, and Mr. Corbett, or any Two of them, to consider of the Articles of Composition made upon the Surrender of the Town of Lynne; and how far they do extend to any particular Persons that were in the Town upon the Surrender; and to state the Matter; and make Report to the House.

Mr. Browne is especially required to take care herein.

Ordered, That it be referred to the Committee, where Mr. Scawen has the Chair, to consider of, and examine, the Rates and Accounts due to the Waggoners employed in the Service of the State; in particular, the List presented by Mr. Richardson; and to regulate the Rates; and to consider of some Persons liable to Fine for their Delinquency; and to certify their Names to the Committee at Goldsmiths-Hall: And that such Monies, as shall be raised upon such Fines, shall be employed to the Discharging of the Debt due to the Waggoners.

It is further Ordered, That it be referred to the same Committee, to consider of the Petition of the Waggoners, contracted with by Mr. Richardson for the several Services of the City-Brigades; and to confer with the Militia herein; and to hear both Parties; and to report to the House.

A Letter from Colonel Edw. Massie, of Februar. 4, 1644, was this Day read.

Mr. Samuel Browne reported, from the Committee of both Kingdoms, a Letter from Prince Rupert to my Lord General, Februarii 3, from Oxon; concerning Sir Wm. Riddle, taken at Tinmouth-Castle; and concerning the Mayor and Aldermen of Yorke; and the Articles of the Surrender of both those Places included; The which were all read. And

It is Ordered, That this Letter, and these Articles, be referred to the Consideration of the Committee of both Kingdoms; to report their Opinions, what is fit to be done herein.

Mr. Blakiston and Sir Wm. Allenson are appointed to repair to the Committee of both Kingdoms; and to inform them the best they can herein.

Ordered, That it be referred to the Committee at Goldsmiths-Hall, to supply the Scottish Army with Seven thousand Musquets, and Thirty thousand Weight of Powder, with Match and Ball proportionable, according to the Desire of the Scotts Commissioners, expressed in a Paper of theirs of Februar' 12, 1644.

Ordered, That it be referred to the Committee at Goldsmiths-Hall, forthwith to provide the Thirty thousand Pounds, formerly assigned to the Scottish Army, to enable them to march, upon the Credit of the Monies, that are to come out of the several Counties, and which are suddenly expected to come in.

Ordered, That Two hundred Snap-haunse Musquets, and Arms and Furniture for Fifty Horsemen, be provided and furnished for the Service of the Garison of Portesmouth, upon the Credit of the Monies, that come in at HaberdashersHall; to be paid next after the Assignments now lying upon those Monies.

The Lords Concurrence to be desired herein.

Ordered, That it be referred to the Committee of both Kingdoms, to return to this House an Estimate of what Monies and other Necessaries will be requisite for erecting such Forts, as they think necessary to be built for the Preservation of Redding.

Resolved, &c. That Two thousand Pounds be forthwith provided and furnished for the Service of the Garison of Abingdon; and that a Thousand Pound thereof be provided out of the Excise: And that it be referred to Mr. Bond, Mr. Nicoll, and Mr. Rolle, to procure this Thousand Pounds upon the Excise; and likewise to consider how this other Thousand Pounds may be raised, for the Service of the said Town of Abingdon.

Ordered, That the humble Petition of Colonel John Holeman be referred to the Committee at HaberdashersHall: And that one Moiety of the concealed Estate, discovered by the Petitioner, if it shall be adjudged to belong to Delinquents, shall go towards the Payment of the Garison at Abingdon; and the other Moiety to be disposed of to the Petitioner, till the Arrears due unto him for his Pay, being audited, be satisfied.

Ordered, That Mr. Nicoll do forthwith go to Sir Wm. Waller, to know, wherefore he marches not into the West, according to former express Orders; and what is the Cause, that his March thither is thus retarded, to the great Disservice of the Publick; and to injoin him forthwith, without any Delays, to march: And Mr. Nicoll is injoined to bring a full Account of all to the House, with all Speed.

Ordered, That it be recommended to the Committee at Goldsmiths-Hall, to take further Consideration of the Demand they have made of Monies to be advanced by the Commissioners of Excise, for the Scotts: And Sir Anth. Irby is desired to acquaint the Committee at GoldsmithsHall with the Sense of the House in this Business.

Ordered, That it be referred to the Committee of both Kingdoms, to consider what is fit further to be done for the Relief of Weymouth.

Sir Philip Stapilton reports, from the Committee of both Kingdoms, That the Scotts Commissioners do give their Consent to the additional Instruction to the Commissioners at Uxbridge upon the Business of Ireland: It is thereupon ordered to be sent to the Lords for their Concurrence.

Ordered, That Sir Philip Stapilton do, To-morrow, make Report of the Business in his Hands concerning the Prince Elector; and other Reports in his Hands, from the Committee of both Kingdoms.

Ordered, That Sir Jo. Key be admitted to his Fine for his Delinquency; and referred to the Committee at Goldsmiths-Hall, to be treated with for his Composition.

Ordered, That the Condition of Windesore Garison be taken into Consideration To-morrow Morning.

Ordered, That the Ordinance concerning Newcastle, and the other Matters concerning Newcastle, be read and reported To-morrow.

Mr. Nicoll reported the Amendments to the Ordinance for making the Buyer liable to the same Penalties as the Merchant: The which were read; and, upon the Question, assented unto: And the Ordinance, with the Amendments, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Upon a Letter from Jo. Griffith Esquire, That he is poisoned; It is Ordered, That Sir Matthew Lister and Dr. Clerk do, this Afternoon, repair to Mr. Griffith; and certify, To-morrow, the House, the State of his Condition; and what Truth they find in this Information.

WHereas, by the Thirteenth Article in the Ordinance of September 1643, the Merchants, Importers, Brewers of Beer and Ale, and Distillers of Aqua Vitæ and StrongWaters, and others, chargeable by the said Ordinance with the Excise for any the Commodities in the Schedule of the said Ordinance mentioned, in case of not making due Entry, according to That and the precedent Article, are liable to the Penalties therein expressed: And whereas the Buyers of divers exciseable Commodities, as well in Cases of Bills of Sufferance, as in other Cases, being not made expresly liable to the said Penalties, have took Encouragement not only to return short Entries, but less than the full Value of the Goods, for which Sufferance hath been granted; and divers Merchants and others have romaged, removed, and disposed of Wines, Tobaccoes, and sundry other exciseable Commodities, without Ticket; pretending them not to be sold; and that the Romage, Removal, or Disposal, renders them not forfeitable: And whereas it is a constant Practice of divers Merchants, Importers; and others, to remove, from the Ships, and other Vessels, wherein such Goods are first imported, unto other Ships, Hoys, Barks, Lighters, or other Vessels, all sorts of exciseable Goods, Merchandizes, Wares, and Commodities whatsover, carrying them beyond the Seas, to the Coasts, Port-Towns, Creeks, or other By-places whatsoever, without making Entry thereof at the Excise-Office; thereby endeavouring to frustrate the State of the Duty of Excise, upon Pretence, that, so long as Goods are Water-borne, they are not liable to Seizure, or Forfeiture; as also, upon Tickets granted from the Office, fraudulently to use one Merchant's Name, of whom they pretend the Goods to be bought, instead of the Importer or true Owner thereof, under whose Hand they bring no true Note or Certificate, to signify the Truth: Which several Frauds, though apparently practised, yet are so cunningly carried on, that they cannot in all Cases, be proved by Two Witnesses: Now, the Lords and Commons, in Parliament assembled, taking notice, how People of all Degrees and Qualities are apt to dispute and elude the said Ordinance; which doth much prejudice and interrupt that necessary Service: For Prevention of these and the like fraudulent and indirect Practices hereafter, the said Lords and Commons, in Parliament assembled, do hereby Ordain and Declare, That the Commissioners of Excise, and their Deputies, had, by the true Intent and Meaning of the said Ordinance of the Eleventh of September 1643, and hereby shall have absolute Power and Authority to punish all such, and other Offenders and Offences against the said Ordinance, or any other Ordinances touching the Excise (not otherwise in them, or any of them, provided for), in the same Manner, by the same Penalties, and with the same Forfeitures, as is in the said Thirteenth Article expressed. And it is further Ordained and Established, by Authority aforesaid, That, from and after the last of March next, the Romage, Removal, or Disposal of Wines, Tobaccoes, or other exciseable Commoties, whereof the Excise has not been formerly, from or to any Cellar, Vault, Warehouse, Storehouse, or other Place whatsoever, or the Landing of any such Goods out of any Ship or Vessel, except within his or their House or Houses, without Warrant, Ticket, or Officer, in that Behalf first procured, is Cause of the same Forfeiture, as in the Case of Sale, and for Delivery from the Merchant or Importer upon Sale; and that, for a short Payment, or short Entry of Number, Price, or Value, of any exciseable Commodities by the Buyer, Consumptioner, Planter, Maker, or other Trader or Dealer of or in any of the Commodities that now are, or hereafter shall be exciseable, all and every such Buyers, and other Persons, shall be liable to the same Fines, Penalties, and Forfeitures, as, by the said Thirteenth Article, are imposed upon the Merchant or Persons therein mentioned; upon Proof of one or more Witnesses, or the Party upon Oath, or Confession; and in the same manner to be levied, recovered, and disposed of, except the same be otherwise particularly provided for. And it is hereby further Ordained, That as well the Commissioners of Excise, their Deputies and Officers, as all and every other Person and Persons, which shall do any thing in Execution or Performance of the present Ordinance, shall be herein, from time to time, protected and saved harmless, by the Power and Authority of both Houses of Parliament (fn. 1).