House of Lords Journal Volume 10: 9 January 1649

DIE Martis, 9 die Januarii.

PRAYERS, by Mr. Salwey.

Domini præsentes fuerunt:

Comes Denbigh, Speaker.

Ordinances agreed to.

The Ordinance concerning the Assessments of the Army, was read Twice, and Agreed to. (Here enter it.)

The Ordinance for securing Six Thousand Pounds, lent (fn. 1) by the Commissioners of the Customs for Supply of the Navy, was read Twice, and Agreed to.

(Here enter it.)

The Ordinance concerning Contracts made for Bishops Lands, was read, and Agreed to. (Here enter it.)

The Ordinance for Continuance of the Troops under Major Butler and Captain Sticke, in the County of North'ton.

Read, and Agreed to with an Alteration.

The Ordinance for Payment of Money of the Old and Petty Customs, to the Committee of the Navy, was read, and Agreed to with an Alteration.

Message to the H. C that the Lords have passed the following Ordinances.

A Message was sent to the House of Commons, by Doctor Aylett and Mr. Eltonheade;

To let them know, that the Lords have passed these Particulars which came from them:

1. The Ordinance concerning the Army.

2. The Ordinance concerning Contracts made for Bishops Lands.

3. The Ordinance for securing Six Thousand Pounds, lent by the Commissioners of the Customs.

4. The Ordinance for Continuance of the Troops under Major Butler, and Captain Stick, in the County of North'ton, with an Alteration, wherein the Concurrence of the House of Commons is desired.

5. The Ordinance for Payment of Money of the Old and Petty Customs to the Committee of the Navy, with an Alteration, in regard Monies were assigned to the Earl of Northumb. for the Use of the King's Children, the 1st of Sept. last; wherein their Concurrence is desired.

Preachers at the Fast.

Ordered, That Mr. Marshall and Mr. Lee are appointed to preach before the Lords, at Martin's in the Feilds, the next Fast-day.

Ordinance that any King who shall hereafter levy War against the Parliament shall be guilty of Treason.

Ordered, That these Lords following are appointed to consider of preparing and bringing in an Ordinance to this Effect, "That whatsoever King of England shall hereafter levy War against the Parliament and Kingdom of England shall be guilty of High Treason, and be tried in Parliament:"

Any Three; to meet To-morrow Morning, at Nine a Clock, and afterward when they please.

Ordinance for securing 6000 l. lent by the Commissioners of the Customs for the Navy.

"The Lords and Commons in Parliament assembled, taking into their serious Consideration the pressing Wants of the Navy; and, towards the Supply thereof, for Payment of the Mariners of divers of the Ships lately employed in the Service of the Parliament in the Summer Guard now come in, having, by the Committee of Parliament for the Navy and Customs, made Proposal to Samuell Avery Alderman, and the rest of the Commissioners for the Customs, to advance the Sum of Six Thousand Pounds, upon the Credit of the ancient Petty Customs payable by Strangers; which Sum of Six Thousand Pounds the said Commissioners for the Customs have undertaken to supply and furnish unto the Parliament, by Way of Loan: It is thereupon Ordered, by the said Lords and Commons, That the said Commissioners for the Customs shall forthwith advance and pay the said Sum of Six Thousand Pounds to Sir Henry Vane Knight, Treasurer for the Navy, for the Service aforesaid, as by the Order of the said Committee shall be directed: And for the Security of the said Commissioners for the Customs for the said Sum of Six Thousand Pounds, and the Repayment thereof, with Interest for the Forbearance thereof, from Three Months to Three Months, until they shall be fully reimbursed the said Sum of Six Thousand Pounds, and every Part thereof, with Interest as aforesaid, in such Manner as is hereafter expressed; the said Lords and Commons do further order and ordain the said Samuell Avery, together with Christopher Packe and Richard Bateman Aldermen, Charles Lloyd and Walter Boothby Merchants, the present Commissioners for the Customs, to be Collectors of the ancient Petty Customs or Duties of Fourteen Pence per Cloth, and of all other ancient Petty Customs due and payable upon Goods and Merchandize exported out of or imported into this Kingdom of England, Dominion of Wales, or Town and Port of Berwicke, by Strangers; and they the said Samuell Avery, Christo. Packe, Richard Bateman, Charles Lloyd, and Walter Boothbye, and such Deputy or Deputies as they shall under their Hands and Seals in this Behalf nominate or appoint, are hereby enabled, within the Places aforesaid, to receive and collect, and by all lawful Ways and Means to levy and recover, the said Duties or Petty Customs henceforth arising, or to grow due and payable, upon Woollen Cloths, or any other Goods or Merchandize, exported out of, or imported into, this Kingdom of England, Dominion of Wales, and Town of Berwicke, by Strangers, in such Manner, and by such Ways and Means, in all respects, as the said Duties at present are, or for the Space of Six Years last past, by any Customer or Customers, or other Collectors thereof, within the Places aforesaid, the said Duties have been, collected, levied, or received; all which Monies the said Collectors, and their respective Deputies as aforesaid, shall receive upon Accompt, and shall from Time to Time dispose of the same as by the present Ordinance is hereafter directed and appointed: And the said Samuell Avery, Christopher Pack, Richard Bateman, Charles Lloyd, and Walter Boothbye, are hereby authorized and enabled, at the End of every Three Months, to be accounted from the 25th Day of this present December, and so to the End of every Three Months from thence successively, to reimburse unto themselves, by Way of Defalcation out of the said Receipts of the ancient Petty Customs, towards the Re-payment of the said Sum of Six Thousand Pounds, and the Interest thereof as aforesaid, so much as, within the respective Times of Three Months successively, to be accompted as aforesaid (such necessary Charges incident to the said Collection as both Houses of Parliament or the Committee of the Navy shall think fit and allow of being from Time to Time first deducted), shall remain clear upon the said Receipts, until the said Sum of Six Thousand Pounds, now to be advanced by the said Collectors as aforesaid, with Interest for the Forbearance thereof after the Rate of Eight Pounds per Cent. pro Anno, for so long Time as the same, or any Part thereof, shall be forborne, shall be thereout re-paid and reimbursed to the said Collectors, their Executors or Assigns; and afterwards the said Collectors shall from Time to Time issue out the same, as by such Order or Orders of both Houses of Parliament, or of the said Committee for the Navy and Customs, or any Five of them, under their Hands, they shall be directed and appointed; which Order or Orders, together with this Ordinance, shall be unto the said Collectors a sufficient Warrant and Discharge for what the said Collectors shall so reimburse, or otherwise pay, issue, or dispose of, in Pursuance thereof: And the said Lords and Commons do likewise declare and ordain, That it is not hereby intended that the said Collectors shall be chargeable or charged with Declaration of Interest upon their Reimbursement aforesaid, as the said Monies do arise by the said Receipts, but only as the same shall fall out upon the clear Receipts of the said Petty Customs, at the End of every Three Months, to be accounted as aforesaid; and that all and whatsoever the said Collectors, or their Deputies, or any other Person or Persons in their Aid or Assistance, shall do or execute in Pursuance of this Ordinance, that they the said Collectors, and their said Deputies, and such others as shall act in their Aid, shall be saved and kept harmless, by Authority of Parliament, from any further or other Question or Accompt to any Person or Persons whatsoever, saving to the said Lords and Commons, and such whom they shall appoint: And the Committee for the general Accompts of the Kingdom, and all other Auditors of Accompts whom it may concern, are hereby required to take Notice of this present Ordinance, and to give Allowance to the said Collectors upon their Accompts for the said Revenue of the Petty Customs aforesaid, as by this Ordinance is directed and appointed; any former Order or Ordinance of Parliament to the contrary notwithstanding."

Ordinance concerning Contracts made for Bishops Lands.

"Whereas, by an Ordinance of Parliament, of the 24th of July, 1648, it is ordained, That all Contracts made by any Purchaser or Purchasers since the First of April last, or hereafter to be made, for any the Lands and Possessions of the late Archbishops and Bishops, the Purchaser or Purchasers shall and may satisfy, discharge, and pay, the Second Moiety of such Purchase so contracted for, by Monies, or out of the Bills or Receipts given to any Lender or Lenders, his or their Assigns, by virtue of an Ordinance of Parliament, dated 13 May, 1647, or by the Assignment of any of the said Bills or Receipts; and that all Payments, made according to the Intent of the said Ordinance of the said 24th of July, 1648, shall be good and effectual, to discharge the Person or Persons of his or their Engagement or Contract for any of the said Premises; and that Wm. Gibbs Alderman, Tho. Noell and Francis Ashe Esquires, constituted Treasurers by Ordinance of Parliament of the 16th of Nov. 1646, intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for the appointing the Sale of the Bishops Lands for the Use of the Commonwealth," are, by th' aforesaid Ordinance of the 24th of July, 1648, authorized and enjoined to accept of the same as a good and sufficient Payment, any Ordinance of Parliament to the contrary in any Wise notwithstanding: And whereas Wm. Gibbs Alderman, and Francis Ashe Esquires, Two of the aforesaid Treasurers, have humbly petitioned the (fn. 2) House of Parliament, to be disengaged from acting as Treasurers touching the Four Hundred Thousand Pounds secured by the said Ordinance of the 13th of May, 1647, whereby such Purchasers as have, according to the aforesaid Ordinance of the 24th of July, 1648, contracted for several of the said Lands, and in Pursuance of the same paid in the First Moiety of their Purchase-monies, and cannot, by reason of the Refusal of the aforesaid Treasurers to accept of the same, pay in their Second Moieties according to their several Contracts: It is therefore Ordered, by the Lords and Commons assembled in Parliament, That Tho. Noel Esquire, One of the aforesaid Treasurers, do, and is hereby authorized and enjoined to accept, receive, and pass, all such Bills or Receipts of such Monies, advanced on the Ordinance of the 13th of May, 1647, as shall be vouched unto him by Colonel Rob't Manwareinge, the Register Accompt for the aforesaid Lands, for the Payment of the last Moiety of the Purchasemoney of such Purchaser or Purchasers that are to pay the same, according to the Intent of the aforesaid Ordinance of the 24th of July, 1648: And in case that any Purchaser have a Surplusage of the said Bills or Receipts more than his Purchase-money amounts unto, that then the said Treasurer, taking the said Bills or Receipts in, may and is hereby authorized to give new Bills or Receipts for the Remainder thereof, under his own Hand, to any Person or Persons to whom the same shall appear to be due, which Remainder or Remainders, under the Hand of the said Treasurer, shall be as valid and effectual to all Intents and Purposes as the aforesaid Bill or Receipt were; and that the Trustees appointed for Sale of the aforesaid Lands do, and are hereby enjoined, to seal unto the aforesaid Purchaser or Purchasers their several Assurances accordingly; and that the Contractors, appointed by the aforementioned Ordinance of the 16th of November, 1646, do, upon the Certificate of the said Tho. Noel Treasurer, ascertaining the Second Moiety to be fully satisfied and paid in Manner as aforesaid, deliver up to the respective Purchaser or Purchasers their several Re-conveyances given for the Security of their Second Moieties: And be it further hereby Ordered, That whatsoever the said Trustees, Contractors, Treasurer, and Register Accompt', or any of them, shall do in Pursuance of this present Order, shall be saved harmless and indemnified by Authority of Parliament."

Ordinance concerning Assessments for the Army; -and for disbanding supernumerary Forces.

"Whereas, by virtue of an Ordinance of Parliament of the 15th of March last, past intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for raising Monies, to be employed for Maintenance of the Forces then under the Command of Sir Thomas Fairefax Knight", the Monthly Sum of Sixty Thousand Pounds, then to be taxed and levied upon the respective Cities, Counties, and Places therein mentioned, within the Kingdom of England and Dominion of Wales, for Six Months, from the 25th of March last past, to the 29th of September following; which said Ordinance, and every Clause therein contained, and the said Monthly Sum of Sixty Thousand Pounds therein expressed, is, by another Ordinance of the 6th of October last, to endure and continue for Six Months longer, from the said 29th of September last, to the 25th of March now next coming; but no Persons are nominated and appointed, by the said Ordinance of the Sixth of October last, to receive and issue out the said Monies: And whereas it appeareth the said Sixth Thousand Pounds per Mensem will not be sufficient to pay the Forces in Field and Garrison under the Command of the Lord Fairefax as now they are; and to the End the said Monies appointed to be taxed and levied as aforesaid may be received, issued, and employed, so far as the same will extend, for Payment and Maintenance of the Army and Garrison Forces of the Kingdom, and of such other Forces now in Being within this Kingdom which the General shall approve to be continued, and are not otherwise provided for by particular Establishment: The Lords and Commons in Parliament have ordained, and be it Ordained by Authority of Parliament, That the Committee of Lords and Commons instituted and appointed in and by an Ordinance of Parliament of Three and Twentieth of September, 1647, intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for Members of both Houses to be a Committee for the Army, for the disposing of the Sixty Thousand Pounds per Mensem," as also all other Persons sit added to the said Committee, and the Treasurer at Wars appointed by Ordinance of the last of September, 1647, and the Powers and Authorities by the said several Ordinances, and by another Ordinance of the 24th of April last past, given and appointed to the said Committee, Treasurers, and Persons, jointly and severally, or to any of them, named or mentioned in the said Ordinances, or any of them, shall be continued in full Force, Strength, and Efficacy, for the more orderly taxing, receiving, and issuing of the said Monies, raised and to be raised, by virtue of the said Ordinance of the 6th of October last, for the Purposes aforesaid, as fully and amply, to all Intents and Purposes, as is expressed in the said Ordinances of the 23th and last of September, 1647, or either of them, and 24th of April last, or any other the Ordinances of Parliament therein mentioned and expressed; and the said Treasurers at War shall have and be allowed all such Pay and Allowances as is mentioned in the said Ordinance of the 23th of September, 1647, and shall pay and issue out all Monies to be received by them as Treasurers at War, according to such Directions as are set down in the said Ordinances of the 23th of September, and last of September, 1647, or such other Directions and Rules as the said Committee, or any Five of them, shall appoint, for the Use of the Army and Forces aforesaid, whose Directions or Warrants shall be a sufficient Discharge to the said Treasurers, and every of them, for what they shall pay and issue: And it is further Ordered and Ordained, by the Authority aforesaid, That the General do give Order, and publish a Declaration, that from the Time the Army shall begin to be paid, out of the Monies raised, and to be raised, upon or by virtue of the said Ordinance of the 6th of October last, that all Free Quarter be immediately taken off, and cease; and that the said Army and Forces do maintain themselves and Horses out of their Pay, according to the Rules and Directions heretofore given by both Houses of Parliament, and the General, in and about January last, in this Behalf: And it is further Ordained and Declared, That, in the mean Time, such of the supernumerary Forces above the last Establishment shall be discharged, and the rest reduced to the Proportion of the said Establishment, as the General shall find may be spared, and as Monies can be had for the Disbanding of them, with reasonable Satisfaction for Arrears due unto them for the Service in the Year last past."

Sharp to be instituted to Batheralton;

Ordered, That Dr. Aylett give Institution and Induction unto Mr. Emanuell Sharpe, Rec. of Batheralton, alias Badealton, in Com. Som'sett: Mrs. Margarett Brooke Widow, Patroness; salvo Jure cujuscunque.

and Eaton to Offington.

Ordered, That Dr. Aylett give Institution and Induction to Mr. Biram Eaton Clerk, Master of Arts, to the Vicarage of Offington, alias Uffington, in Com. Berks, void by Death of the last Incumbent; salvo Jure cujuscunque: George Cure Esquire, Patron.

Adjourn.

House adjourned till 10^a cras.