House of Lords Journal Volume 9: 25 December 1647

DIE Sabbati, 25 die Decembris.

PRAYERS, by Mr. Sallawey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Thompson's Ordinance to be Rector of Bothell.

An Ordinance was presented to the House, for making John Thompson Clerk to be Rector of Bothell, in the County of Northumb.; which was read, and Agreed to, and Ordered to be sent to the House of Commons.

E. of Westmeath and Col. Bern to be exchanged for L Ardes and Col. Jones.

Ordered, That the Petition concerning the Lord of Ardes be sent down to the House of Commons, with this Sense; "That this House thinks it fit that Colonel Jones be writ to, that he shall exchange Colonel Berne and the Earl of Westmeath for the Lord of Ardes and Colonel Theophilus Jones, if he can get none else."

Commissioners of the Customs Ordinance:

An Ordinance for declaring the Commissioners of the Customs, was read, and Agreed to. (Here enter it.)

Ordinance to reimburse them Money.

Another Ordinance concerning the Commissioners of the Customs to reimburse themselves such Monies as they have disbursed for the Use of the State, was read, and Agreed to. (Here enter it.)

Pardon for Prisoners on the Northern Circuit.

A Pardon for Prisoners condemned the last Northern Circuit, was read, and Agreed to; and Ordered to be sent to the House of Commons for their Concurrence.

Parnacot and Tate, &c.

Ordered, That the Errors between Parnacott and Tate, and the Errors between Jermyn and Styles, and the Errors between Whitchcott and Loftus, shall be argued, at this Bar, on Thursday next, by Counsel on both Sides.

Bonner's Petition.

Upon reading a Letter from the Scotts Commissioners, in Behalf of John Bonner; and likewise reading the Petition of the said John Bonner: It is Ordered, That the Petitioner is referred to the usual Course of the Law, for his Relief.

Conference about the Ordinance to raise 50,000 l. for Ireland.

Ordered, To have a Conference with the House of Commons on Monday, to let them know, "That, considering of the Ordinance for raising Fifty Thousand Pounds for the Affairs, their Lordships find that the Houses already (fn. 1) have passed the Two Third Parts of Delinquents Estates for Security to the Army."

Ordinance to appoint Commissioners of the Customs.

"Whereas, by Ordinance of both Houses of Parliament, bearing Date the 16th Day of Dec'r, 1647, the Payment of a Subsidy of Tonnage and Poundage is ordained to be paid, upon all Goods and Merchandize, to be exported out of, or imported into, this Kingdom of England, Dominion of Wales, and Town of Berwicke, in such Sort as in the said Ordinance is expressed, the said Payments to continue from the 26th Day of March, 1648, inclusive, unto the 26th Day of March, which shall be in the Year of our Lord 1651, inclusive, as by the said Ordinance more at large appeareth: Now the said Lords and Commons do ordain and declare, That Samuell Avery and Christopher Packe, Aldermen of the City of London, Richard Bateman, Charles Lloyd, and Walter Boothby, of London, Merchants, the present Commissioners and Collectors of the Customs, are, and shall be, Commissioners and Collectors thereof; and, by this Ordinance, they, the said Samuell Avery, Christopher Packe, Richard Bateman, Charles Lloyd, and Walter Boothby, and their Deputy and Deputies by them to be authorized under their Hands and Seals, are enabled to collect and receive, upon Accompt, all such Sum and Sums of Money, which, from and after the 26th Day of March, 1648, inclusive, shall, by virtue of the said Ordinance, be payable or paid, for Customs or Subsidies, or otherwise, for or in respect of Goods or Merchandize exported out of, or imported into, the Port of London, and all other Ports, in the Realm of England, Dominion of Wales, and Town of Berwicke, in such Sort as the said Duties of Tonnage and Poundage have been formerly collected by themselves or the late Commissioners for the Customs, and in such Manner as by the said Ordinance, and such other Ordinances, Orders, and Instructions, as they have already received, or shall hereafter receive, from both Houses of Parliament, or the Committee thereof, appointed for regulating the Affairs of the Navy and Customs, they are or shall be directed or appointed.

Provided nevertheless, That if, at any Time hereafter, the said Lords and Commons shall first satisfy and pay unto the said Commissioners for the Customs, all such Sum and Sums of Money as they the said Commissioners have already advanced and lent unto the State upon the Credit of the Customs, or shall hereafter further advance or lend unto the State for the Services of the Navy, with Interest, after the Rate of Eight Pounds per Centum pro Anno, for the Forbearance thereof, for so long Time as the same shall be forborn, together with such Allowances as are or shall be due unto them by an Ordinance of both Houses of Parliament in that regard already ordained, or hereafter to be made; that, in such Case, after due Satisfaction and Payment made as aforesaid, the said Commissioners shall be removeable from the said Employment, as the said Lords and Commons shall think fit."

Ordinance for the Commissioners of the Customs to reimburse themselves Money, which they have advanced, and shall advance, for the Use of the State.

"Whereas Samuell Avery and Christopher Packe, Aldermen of the City of London, Richard Bateman, Charles Lloyd, and Walter Boothby, Merchants, Commissioners and Collectors of the Customs, have, at their Entrance upon the Receipts of the Customs, and since, for the carrying on the Service of the Navy, advanced to the State, by Way of Loan, the Sum of Three Score and Ten Thousand Pounds; Forty Thousand Pounds whereof they were, by sundry Ordinances of both Houses of Parliament, enabled to have reimbursed unto themselves out of the said Receipts at several Days past; but, by reason that the pressing Necessities of the Navy could not well bear so great a Defalcation out of the said Receipts without very great Prejudice to the Service, they, the said Commissioners, at the Desire of the Committee of Parliament for the Navy and Customs, have hitherto forborn the same: And whereas the said Commissioners and Collectors, at the like Desire of the aforesaid Committee, for Supply of the present pressing Necessities of the Navy, have lately advanced unto the State, by Way of Loan, the further Sum of Twelve Thousand Pounds, which Sum of Twelve Thousand Pounds they were, by Agreement with the said Committee, to reimburse unto themselves out of the Moiety of the growing Receipts of the Customs: And whereas the Necessity of the Navy do yet necessarily require that a further Sum of Thirty Thousand Pounds be speedily provided, for the carrying on the present Service and Affairs thereof, which said Sum of Thirty Thousand Pounds, upon Intimation thereof given to the said Commissioners and Collectors by the said Committee, and of certain Votes passed the House of Commons the Twelfth Day of October, 1647, in relation to the said Commissioners and Collectors and the said Thirty Thousand Pounds now to be advanced they the said Commissioners. and Collectors have likewise under taken to provide and advance unto the State, by Way of Loan, and have already advanced Twenty-two Thousand Pounds in Part thereof: And whereas both Houses of Parliament, for the better carrying on of the Service of the Navy for the future, by Ordinance of both Houses, bearing Date the 16th Day of December, 1647, have ordained and settled the Payment of Tonnage and Poundage, and all other Duties payable for Customs and Subsidy, upon all Goods and Merchandize exported out of, or imported into, the Kingdom of England, Dominion of Wales, and Town of Berwicke, the same to continue from the Six and Twentieth Day of March, 1648, inclusive, to the 26th Day of March, 1651, inclusive: Now the said Lords and Commons, accepting the constant Readiness of the said Samuell Avery, Christopher Packe, Rich'd Bateman, Charles Lloyd, and Walter Boothby, to serve the Public, as a good and acceptable Service to the State; for the better Encouragement of them the said Commissioners and Collectors, do ordain and declare; That it shall and may be lawful for the said Commissioners and Collectors, and the said Commissioners and Collectors are hereby enabled; by Way of Defalcation, out of the One Moiety of the clear Receipts of the Customs, as the same shall arise, from and after the Date of this present Ordinance (Salaries and all other ordinary Charges and Payments first deducted out of the Whole), to re-pay unto themselves, as well the Remainder of the said Twelve Thousand Pounds by them lately advanced as aforesaid, as the Sum of Forty Thousand Pounds, Parcel of the aforesaid Sum of Seventy Thousand Pounds by them formerly advanced and lent unto the State, as is before declared, with Interest for the Forbearance thereof, after the Rate of Eight Pounds per Centum pro Anno, for so long Time as the same hath been, or any Part thereof shall be forborn; and that it shall and may be lawful for the said Commissioners and Collectors, at the End of Twelve Months, to be accounted from the Time of the Lending of the said Thirty Thousand Pounds now by them advanced, and to be advanced and lent as aforesaid, likewise to reimburse unto themselves, by Way of Defalcation, out of the said Moiety of the said Receipts of the Customs, as the same shall arise as aforesaid, the said Sum of Thirty Thousand Pounds, with Interest as aforesaid, for the Forbearance thereof, for so long Time as the same, or any Part thereof, shall be forborn, from the said Time of the Advancing and Lending thereof: And for the further Security and Encouragement of the said Commissioners and Collectors, it is likewise Ordained, by the said Lords and Commons, That the said Commissioners and Collectors shall continue in the said Employment, and shall not be dismissed or removed from the same, until they be reimbursed the other Thirty Thousand Pounds, Remainder of the Sum of Fifty Thousand Pounds, by them advanced to the State at their Entrance upon the said Receipts, and all other Sum and Sums of Money which they have already advanced, or shall at any Time or Times hereafter further advance or disburse, for the Use of the Navy, or for carrying on the said Service, with Interest as aforesaid for the Forbearance thereof, and be likewise paid all such Allowances and Salaries for the said Service as shall be in Arrear and unpaid at the Time of such their Dismission and Discharge; and the said Commissioners and Collectors are hereby enabled and authorized, during the whole Time of their Employment in the said Service, Quarterly to defaulk out of the said Receipts, as well the Sum of One Thousand Pounds, in regard of their Salaries for their Pains and Personal Attendance on the said Service, as the Interest of the several and respective Sums of Money before mentioned, as by an Ordinance of the said Lords and Commons, bearing Date the Tenth Day of March, 1644, are ordained and appointed to them; all which shall be allowed unto them upon their Accompts: And as for all Payments to be made from Time to Time by the said Commissioners and Collectors, or their Deputies, to Merchants and others, for Customs of Goods exported, which formerly were imported, according to the Orders annexed to the last Book of Rates, the said Commissioners and Collectors, or their Deputies by their Order and Appointment, shall issue the said Payments out of the said Receipts, and be likewise allowed the same upon their Accompts; and this Ordinance shall be, as well to the Committee for auditing the Accompts of the Kingdom as to all other Auditors of Accompts whatsoever, a sufficient Warrant for the Allowance thereof, from Time to Time, upon the Accompts to be made by the said Commissioners and Collectors: Provided nevertheless, That if, at any Time hereafter, the said Lords and Commons shall first satisfy and pay unto the Commissioners for the Customs all such Sum and Sums of Money as they the said Commissioners have already advanced and lent unto the State, upon the Credit of the Customs, or shall hereafter further advance or lend unto the State, for the Service of the Navy, with Interest after the Rate of Eight Pounds per Centum pro Anno for the Forbearance thereof, for so long Time as the same shall be forborn, together with such Allowances as are or shall be due unto them by any Ordinance of both Houses of Parliament in that regard already ordained, or hereafter to be made; that, in such Case, after due Satisfaction and Payment made as aforesaid, the said Commissioners shall be removeable from the said Employment, as the said Lords and Commons shall think fit.

Ex'r."

Camb. University may choose another Proctor in Cawdrey's Room.

Ordered and Declared, by the Lords in Parliament assembled, That this House did not intend, by making the Order of the Fourth of December, 1647, for discharging Zachary Cawdrey from being Proctor, any Way to prejudice the Right of the University of Cambridge, or any College therein, in choosing another Proctor, according to the Statutes of the said University.

Adjourn.

House adjourned till 10 ^a Monday Morning next.