House of Lords Journal Volume 6: 28 November 1643

DIE Martis, videlicet, 28 die Novembris.

PRAYERS.

Lords present:

Ds. Grey de Warke, Speaker.

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. 1) 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.)

Agreed to.

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.)

Agreed to.

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.)

Agreed to.

4. Additional Articles to the Ordinance of the Assize. (Here enter it.)

Agreed to.

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. 1) 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."

Agreed to.

The Answer returned was:

Answer.

That this House agrees in this Order now brought up.

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. 2) 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. 3) 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 said Garrison."

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 as aforesaid."

Adjourn.

House adjourned till 10 ^a , Thursday.