House of Lords Journal Volume 6: 24 August 1644

DIE Sabbati, 24 die Augusti.

PRAYERS, by Mr. Prophett.

Ds. Grey de Warke, Speaker.

Answer from the H. C.

Sir Edward Leech and Mr. Page, sent Yesterday with a Message to the House of Commons, return with this Answer:

That they agree with their Lordships in the Alterations in the Propositions.

Archbishop of Cant. further Time given him to make his Recapitulation.

The Speaker acquainted this House, "That he had received a Letter from the Archbishop of Canterbury, wherein he gives their Lordships humble Thanks for their Favour towards him, in giving him Leave to make a Recapitulation of his whole Defence, which will be very long, and will require some further Time to prepare himself for it than Monday next; therefore he humbly desires their Lordships will please to give him some longer Time."

Hereupon it is Ordered, That he shall have Time till Monday come Sevennight.

Lord Stanhope's Assessment.

It was moved, "That this House would assess the Lord Stanhope for his Twentieth and Fifth Part, according to the Ordinance of Parliament."

Hereupon the Committee of Lords were appointed presently to meet, and assess him.

And it was reported from the Committee, "That they think it fit to assess the Lord Stanhope at One Thousand Pounds;" which this House confirmed, and approved of.

And this House Resolved, To acquaint the House of Commons with this Assessment, and (fn. 1) desire that the said Thousand Pounds might be assigned to the Earl of Stamford, in Part of his Arrears, upon Accompt.

Message to the H. C. about it; and that the Lords have enlarged the Time for the Archbishop of Cant. to make his Recapitulation.

A Message was sent to the House of Commons, by Sir Edward Leech and Dr. Heath:

To let them know, that their Lordships have appointed Monday come Sevennight for the Archbishop of Canterbury to make a Recapitulation of his whole Defence; also to let them know, that this House hath assessed the Lord Stanhope at One Thousand Pounds for his Twentieth and Fifth Part, according to the Ordinance of Parliament; and do desire that the same may be assigned to the Earl of Stamford, upon Accompt, in Part of his Arrears.

Ordinance to be brought in, for Commissions of Oyer and Terminer to issue;

Next, Two Votes brought up formerly from the House of Commons were read; and Ordered, That Two Ordinances be drawn up, by Way of Ordinances, and be presented to this House, as followeth:

"1. That the Serjeants and Counsellors at Law, in the several Counties of this Kingdom within the Power of Parliament, shall execute the Commissions of Oyer and Terminer and Gaol Delivery, wherein they are nominated Commissioners, notwithstanding any Statute or Clause therein to the contrary."

and Commissions of Sewers.

2. That Commissions of Sewers shall be granted, by the Commissioners of the Great Seal, for the several Counties of this Kingdom within the Power of the Parliament, although the Lord Treasurer or Lord Chief Justices be absent.

Answer from the H. C.

The Messengers sent to the House of Commons return with this Answer:

That they agree to the assigning of the One Thousand Pounds assessed on the Lord Stanhope to the Earl of Stamford; and they take Notice of the Day appointed for the Archbishop of Canterbury.

Message from thence, with an Ordinance and Order;

A Message was brought from the House of Commons, by Sir Rob't Pye Knight, &c.

1. To desire Concurrence in an Ordinance concerning Fishing. (Here enter it.)

Agreed to.

2. An Order of Indemnity to Sir Mathew Boynton, &c. (Here enter it.)

Agreed to.

for the Earl of Kent to be Lord Lieutenant of Rutland;

3. To desire Concurrence, that the Earl of Kent may be Lord Lieutenant of the County of Rutland, the Earl of Exeter being deceased.

Agreed to.

and with a Deputy Lieutenant's Name for Kent.

4. That Sir Isaack Sidley be made Deputy Lieutenant of the County of Kent.

The Answer returned was:

Answer.

This House agrees that the Earl of Kent be Lord Lieutenant for the County of Rutland, and to the Order of indemnifying Sir Mathew Boynton, &c.; to the nominating Sir Isaacke Sidley to be a Deputy Lieutenant of the County of Kent; and also agree to the Ordinance concerning Fishing.

Vanenden's Cause.

This Day the House proceeded further in hearing the Cause between Mrs. Vanenden and Dutch Merchants, by Counsel on both Sides; and Ordered to be further heard this Day Sevennight.

Ordinance for a Duty on Herrings, to pay the Expence of the Convoy for protecting the Fishery.

"Whereas divers Fishermen, now intending to set forth to the Sea for the Fishing for Herring, have been Petitioners to the Parliament, for some Ships of War to be set forth to the Seas during this Herring Season, to convoy and preserve the said Fishermen from Pirates and other Sea Rovers; and, for the defraying the Charge of the said Men of War, have humbly desired, that a Duty of Three Shillings upon every Last of Herring, containing Ten Thousand Herrings to every Last, may be imposed upon all Herrings which shall be taken this Season, to be paid by the Taker, and Five Shillings upon every Last to be paid at the First Landing by the Buyer, to be employed for and towards the Maintenance and Payment of the said Men of War: It is Ordained, by the Lords and Commons in Parliament, That every Fisherman that shall fish for Herrings this Season shall pay for every Last of Herrings, each Last containing Ten Thousand Herrings, by him so taken, the Sum of Three Shillings; and for every Last of Herring such Fisherman shall sell at Sea, he shall pay the Sum of Five Shillings over and above the said former Three Shillings; and shall give a Certificate, under his Hand in Writing, to such Person or Persons to whom he shall sell any Herring, that he hath received the said Duty of Five Shillings, which shall be a Discharge unto every such Buyer; and that every Fisherman so selling Herring at Sea shall make an Accompt thereof upon Oath, at his coming on Shore, of all such Herring as he hath so sold, and pay the said Duty according to the Tenor of this Ordinance; and if any Fisherman shall bring on Shore any Herring to dry or barrel them to his own Use, that then every such Fisherman shall pay, for every Last he shall so land, the Sum of Five Shillings over and above the said former Three Shillings: And it is further Ordained, That every Person whatsoever, who shall, during this next Season of Herring Fishing, buy any Herring, and land the same to barrel or dry, shall, at the landing the said Herrings, pay after the Rate of Five Shillings for every Last by him so bought; all which several Sum or Sums of Money, due by the First Taker or Buyer of such Herrings, shall pay unto Miles Corbett Esquire, Recorder of the Town of Yarmouth, in the County of Norff. and Edward Owner Esquire, Burgesses of the Commons House of Parliament for the said Town, and Thomas Crane and Richard Ferryes Merchants, now Bailiffs of the said Town of Yarmouth, or to such Person or Persons as they shall depute for this Service under their Hands and Seals, who are hereby authorized to give an Oath to all such Fishermen and Takers of Herring, touching the Quantity of their Herring they shall so take or sell; and, for Default of the Payment of the several Sums in this Ordinance mentioned, shall have Power to levy the same by Way of Distress on the Goods of the Party so refusing to pay the same.

"All which Monies so received and collected shall be paid for the Satisfaction of such Ships of War as shall be employed for the safe Conduct, Preservation, and Defence of the said Fishermen, during the Time of this Fishing Season.

"And it is further Ordained, That the Committee of the Navy shall have Power to contract for such a convenient Number of Ships for this Service, as they shall think fit to employ, not above the Number of Three Hundred Mariners, in the said Service."

Order for indemnifying Persons in Yorkshire, who have acted as Committees.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Sir Mathew Bointon, Sir Richard Darly, Colonel John Lambert, Mr. Edward Haltenby, Mr. Robert Johnston Clerk, Sir Thomas Maleverer, Sir William St. Quintin, Mr. John Allured, Mr. St. Nicholas, Mr. John Wasthall, Mr. John Anlaby, shall be indemnified, and saved harmless, for what they have done as Committees for the Service of the Parliament, in the County of Yorke, and in the Town and County of the Town of Hull."

Adjourn.

House adjourned till Monday next, 9^a a Clock.