House of Lords Journal Volume 7: 16 September 1645

DIE Martis, 16 die Septembris.

PRAYERS, by Mr. Gower.

Ds. Grey de Warke, Speaker.

Answer from the H. C.

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

That they will send an Answer by Messengers of their own.

The Speaker acquainted the House with a Letter he hath received from the Lord Wharton; which was read, as follows:

Letter from Ld. Wharton, that Gen. Leslie has passed the Tweed with his Army; and giving an Account of the Situation of the Armies, &c. in Scotland;-that they have had no regular Meeting yet with the Scots Commissioners;-desiring the Directories for Worship to be sent down; and recommending some Persons to be Committees for Westmorland.

"For the Lord Gray of Warke, Speaker of the House of Peers pro Tempore, at Westm.

"May it please your Lordships,

"In my last, I certified your Lordships, that Lieutenant General Leslie was come on the North Side Tyne, with Five Thousand Horse and Dragoons; he hath since passed The Tweede, and on Saturday 6th of this Instant kept a Rendezvous at Haresell-Law, about Three Miles within the Borders of Scotland, with Eight Regiments of Horse, One Regiment of Dragoons, some Mounted Musketeers, and Eight Hundred Commanded Men from Newcastle, computed in all to be betwixt Five and Six Thousand. We hear, the greatest Part of them is now about Dunce; and Montros about Ormston Wood, within Two Miles of Hadington. The Earl of Roxburgh and Lord Home were Yesterday, 9th of this Instant, brought Prisoners into Barwicke, upon Suspicion, or some Discovery, of their holding Intelligence with Montross. We had several Meetings on Thursday and Friday last with a Committee of Four Lords and Mr. Rob't Meldrum, who were appointed by the Committee of Estates to treat with us; but, upon Discussion of their Powers, it not being found that they were enabled to treat, we could not at all proceed in the Business we have in Charge from you; but, at our Parting, their Lordships again unanimously assured us, that, within Two or Three Days, they should have the Commission from the last Parliament to the particular Commissioners appointed to treat with us, and a Quorum of that Number, who might forthwith enter into Treaty with us; in Expectation whereof, we have waited until this Day, but as yet hear nothing from them; and have therefore thought fit to dispatch a Messenger on Purpose this Day to their Lordships, again to solicit a present Meeting. We conceive it necessary to put the Houses in Mind, that Directories and Ordinances for taking away the Common Prayer may be speedily sent down into these Northern Counties; for want of which, the Common Prayer Book is still made Use of in many Places; and the malignant Party take Advantage thereby to engage the Affections of the People to their wonted superstitious Observing of it, and Neglect of Preaching. We have received Information from Westm'land, that the well-affected there are much discouraged, by the leaving out divers of their most honest and active Committee-men in the late Ordinance for the Association, which has occasioned a Deadness and Interruption in most Businesses for the Public Service in that County: The Persons desired to be added to the Committee there are, Mr. Gervas Benson, Ric'd Prissoe, Thomas Sandes, John Archer, Rob't Moson, John Garnett, Mathew Atkinson, and Edmond Hynde; which, at the earnest Importunity of some very well affected in that County, we take the Boldness to represent to the Houses on their Behalf, because we have perfect Information that it may be very useful in that County.

"This is all I have to trouble your Lordships with at present; and rest

"Your Lordships most humble Servant,

Barwicke, Sept. 10th, 1645.

"P. Wharton."

Message to the H. C. about it.

Ordered, That this Letter be communicated to the House of Commons, with a Recommendation, that the Directory and Ordinances may be sent as is desired; and that the Persons named may be added to the Committee.

And accordingly a Message was presently sent down, by Sir Edw. Leech and Mr. Page.

Ordinance concerning the First Buyer of exciseable Commodities.

The Earl of Denbigh reported from the Committee the Ordinance concerning the First Buyer of Commodities which are to pay Excise; and the Opinion of the Committee is, that it pass as it came from the House of Commons, without any Alterations.

Then the said Ordinance being read the Third Time, it was Agreed to by this House. (Here enter it.)

Message from the H.C. about the Ordinance concerning Jersey.

A Message was brought from the House of Commons, by Sir Wm. Waller; to desire Concurrence in the Alterations in the Ordinance concerning the Isle of Jersey, sent formerly down to the House of Commons from hence. (Here enter it.)

Read, and Agreed to.

Ordered, That the Ordinance for Martial Law shall be considered of on Friday next.

Ordinance concerning the First Buyer of exciseable Commodities.

"Whereas divers the Buyers of exciseable Commodities, conceiving themselves not liable to any Penalty, Fine, or Forfeiture, for any Offence whatsoever committed against any the Ordinances of Excise, because in no Article of any the said Ordinances they are particularly and expressly named so to be, have thereby been emboldened to use all Manner of indirect Practices, whereby to deceive the State of the Duty of Excise; and whereas, by Pretence of rummaging and removing of Goods unsold, and yet in the First Hand, from One Place to another, much Fraud and Deceit hath been used, to the evil Intent aforesaid: Now the Lords and Commons in this present Parliament assembled, taking the Premises into Consideration, for Prevention of all such and other fraudulent and indirect Practices hereafter, do hereby Declare and Ordain, That no Person or Persons whatsoever shall remove, rummage, or carry from One House to another, any Goods or Commodities whatsoever chargeable with this Duty, though unsold, or that the Duty of Excise be already paid, without a Ticket, or an Officer appointed to that Purpose by the Commissioners of Excise, under the Penalties in the Thirteenth Article of the Ordinance of the 11th of September, 1643, mentioned: Provided, That no Officer so appointed shall take or demand any Fee or Reward, of any Merchant or other, for that Service: And be it further Declared and Ordained, That a Barter or Exchange of One Sort of Goods for another was and shall be accounted a Sale.

"And it is further Ordained and Declared, by the Lords and Commons aforesaid, That, for all Goods, Merchandizes, and Commodities whatsoever, made exciseable by any the Ordinances of Parliament, which shall be bought, sold, bartered, or delivered, contrary to the true Intent and Meaning of the said Thirteenth Article, or any other Article in any the said Ordinances, or whereof a true and perfect Entry shall not have been made, of Weight, Number, Price, and Value, as well the Buyer as the Seller shall be liable to such Penalties, Forfeitures, and Fines, and so to be levied and employed, as in the said Article or Articles was provided and ordained, for the Seller, Maker, Merchant, or Importer only: Provided, and it is hereby intended, That the Commissioners of Excise shall not be hereby debarred, as they shall see Cause, to grant any Bill of Sufferance, according to the Ordinance of the 31th of August last past.

"And it is further Ordained and Declared, by Authority aforesaid, by Way of Explanation of the Schedule in the Ordinance of the 11th of September, 1643, and for taking away all Dispute and Cavil concerning the Content of a Ton of Wine, That Two Butts, Two Pipes, Four Hogsheads (of what Sort soever), Six Tierces, Three Puncheons or Tertians, and Eight Quarter-casks of Wine respectively, shall be accounted for One Ton; and all Merchants, Importers, Makers, Buyers, Retailers, and others, Traders and Dealers in any exciseable Commodity, shall, according to the true Intent and Meaning of the said recited Ordinance, upon due Notice by Ticket or Officer, make and deliver, under their several and respective Hands, in Writing, to the said Commissioners of Excise, as oft as they shall see Cause to require the same, true and just Accompts of what Goods they have respectively imported, made, bought, sold, bartered, spent, or have then in their Hands, upon Penalty of Five Pounds to be forfeited, toties quoties, for every Refusal to be so levied, and for such Uses as in the said Ordinance of the 11th of September is prescribed.

"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 of this present Ordinance, according to the true Intent and Meaning thereof, shall be therein from Time to Time protected and saved harmless, as well for what is past as for what is to come, by the Power and Authority of both Houses of Parliament; and that the Ordinance of the 19th, concerning the Excise, shall be nulled and made void hereby."

Ordinance concerning the Island of Jersey.

"Whereas divers Gentlemen and others, well-affected Persons of the Island of Jersey, have, notwithstanding the Defection of that Island, continued firm and stedfast in their Loyalty and Obedience to the King and Parliament; by Means whereof, illegal and unjust Proceedings have issued and gone against them, and their Lands have been unduly sequestered, and their Goods and Estates plundered and taken from them, by Captain George Carterett, Head of the Rebellion there, and a great Fomenter of these present Distractions, pretending himself (though unlawfully) Governor there, and by other malignant and evil-affected Persons, Jurats and others, adhering to the said Carterett; and the said Carterett and the others, Malignants, not resting there, but conspiring the utter Ruin of the said well-affected Persons, have attempted to boulster up their own Injustice, by Colour of illegal Warrants and Commissions, by themselves, or their false Suggestions, surreptitiously procured to be penned and issued forth, in the Name of His Majesty; by Pretence whereof, the said Carterett and the rest of the said Malignants have wickedly proceeded against the said loyal and well-affected Persons in the said Island, and, contrary to all Rules of Justice, declared them to be Traitors and Rebels, and made Entries thereof, and seized upon their Lands and Estates, as confiscate; having also attempted scandalous Acts, derogatory to the High Court of Parliament.

"The Lords and Commons now in Parliament assembled, upon due Consideration thereof, have Ordained and Declared, and be it Ordained and Declared by the said Lords and Commons now in Parliament assembled, That as well the said Warrants and Commissions heretofore issued, and all other Warrants, Commissions, Patents, or Writs whatsoever, that shall hereafter (if any) be procured or issued forth in the Name of His Majesty, under any Seal or Signature whatsoever, to the said Carterett, or any other Person or Persons jointly or severally, without the Consent and Authority of Parliament; and all Proclamations, Indictments, Judgements, Sealents, Arrests, Decrees, Condemnations, Sequestrations, Seizures, Confiscations, and all other Acts, Criminal Processes, and other Proceedings, in what Kind, Manner, or Nature soever, there, or by any other Colour, had, made, given, awarded, pronounced, entered, done, or executed, since the First Beginning of these unhappy Differences, by the said Carterett, or any of the said Malignants, Jurats, or others, Adherents to the said Carterett, or others disaffected to the King and Parliament, are hereby declared and adjudged to be, and shall be, and shall for ever be taken, adjudged, and construed to be, in all Courts and Places, as well within the said Island as without, utterly void, frustrate, and of none Effect, to all Intents and Purposes; and the said wellaffected Persons, their Heirs and Assigns, shall have and enjoy all and every their Lands and Estates, as freely and entirely, and in as full and ample Manner, as if none of the said wicked and illegal Proceedings had ever been.

"And forasmuch as the said Carterett, and the said other Malignants his Adherents, have manifested their poisonous Rancour, and shewed themselves unworthy and unfit to be hereafter trusted in any Public Employment; be it Ordained, That they, and every of them, are hereby disabled, and made uncapable, of having, being, or executing, any Offices or Places, either Judicial or Ministerial, in the said Island; and that such Proceeding shall in due Time be had against them, for their foul and erroneous Offences, as to Justice shall appertain.

"And be it further Ordained, by the said Lords and Commons, That the Losses, Damages, and Sufferings, of the said well-affected, and their Persons, Goods, and Estates, shall be taken into Consideration; and such Reparation made unto them, out of the Lands and Estates of the said Carterett, and the said other Malignants, his Adherents in the said Island, standing in Rebellion and Opposition to the King and Parliament, in such Manner as the said Lords and Commons shall find just and meet."

Adjourn.

House adjourned till 9^a, Friday next.