House of Lords Journal Volume 7: 20 February 1645

DIE Jovis, 20 die Februarii.

PRAYERS, by Mr. Price.

Ds. Grey de Warke, Speaker.

Jhannes, Fairfax, and Legay.

Upon reading the Petition of Wm. Jahnnes, Merchant, of London: It is Ordered, That the Cause between him and Fairefax and Legay is referred to the Commissioners of the Delegates, to hear and determine the Difference between them, or report to this House.

Ordinance for raising a Monthly Sum for the Scots Army.

The House was adjourned into a Committee during Pleasure, to consider of the Ordinance for raising of One and Twenty Thousand Pounds a Month, for the maintaining of the Scottish Army.

The House was resumed.

And it (fn. 1) was reported, "That the said Ordinance is fit to pass, with a Proviso and Alteration;" which being read, this House Agreed to the same.

Message to the H. C. with it;

A Message was sent to the House of Commons, by Sir Edw. Leech and Mr. Page:

To desire their Concurrence in the Proviso and Alteration in the Ordinance for raising One and Twenty Thousand Pounds a Month, for maintaining the Scottish Army.

with a Deputy Lieut's Name for Mountgomery;

2. To desire their Concurrence, that George Devereux Esquire may be a Deputy Lieutenant for the County of Mountgomery.

and with Grey's Petition for his Arrears.

3. To recommend to them the Petition of Grey, Major Grey's Brother, that was killed at Gloucester, concerning the paying of Arrears due to him for his Service in the Parliament's Employment.

Elsworth's Petition, that he may have Leave to go on with his Building near the E. of Clare's Garden-wall.

Upon reading the Petition of John Elsworth; shewing, "That he took a Lease, from one Symon Lawrance, Bailiff to the Earl of Clare, of a small Cottage in Clare-streete, on the Back Part of the said Earl's Garden, for the Term of Twenty Years, paying Sixty Pounds Fine, and an Homage of Two Pence per Ann.; that the said Cottage being extremely out of Repair, and ready to fall to the Ground, the Petitioner besought Leave of his Lordship to set it upright, which was granted to him; and he hath proceeded, without incroaching or taking away the Use or Benefit of his Lordship's Garden, and without any Annoyance to the same; that the Earl of Clare, notwithstanding Ninety Pounds Charge the Petitioner hath been at, and the free Leave and Grant he had from his Lordship to repair the Premises, had beaten and misused his Workmen, threatening to kill them, whereby the Petitioner is like to lose all his Money disbursed thereupon; the Petitioner being willing to assign his Interest to the said Earl, for the Money he hath disbursed: Therefore prayeth the Premises may be surveyed, and have such Relief as their Lordships shall think fit; and that, notwithstanding their Lordships Order, last Night, at Midnight, the said Cottage is demolished, and beaten down, to the utter Undoing of the Petitioner."

Hereupon this House Ordered, To hear Counsel on both Sides To-morrow Morning; and in the mean Time the Earl of Clare is to have a Copy of this Petition, and to have Notice of this Order.

Staveley & Uxor.

Upon hearing the Counsel on both Sides, between Arthur Stavely and Lucy his Wife, concerning Maintenance: It is Ordered, That the said Arthur Stavely shall pay to the said Lucy his Wife the Sum of Forty Pounds per Annum, for her Maintenance, according to his former Agreement, with Arrears, until he shew and prove unto this House just and lawful Cause to the contrary.

Message from the H. C. with Ordinances, and to expedite the One for Martial Law.

A Message was brought from the House of Commons, by Giles Greene Esquire;

To desire their Lordships Concurrence in these Particulars following:

1. Whereas the House of Commons sent up to their Lordships an Ordinance concerning Tonnage and Poundage, which (fn. 2) their Lordships agreed to, with a Proviso concerning Currants, to which Proviso they do (fn. 3) agree, with an Addition; and they desire their Lordships Concurrence in the said Addition. (Here enter it.)

Agreed to.

2. An Ordinance for securing the Re-payment of Four Hundred Pounds, advanced by the Commissioners of the Excise, for Windsor Castle. (Here enter it.)

Agreed to.

3. An Ordinance for Advance of Three Thousand Pounds, for Poole, Wareham, Taunton, and Colonel John Fiennes' Regiment. (Here enter it.)

Agreed to.

4. An Order to pay Mr. Cox Two Hundred and Fifty Pounds, for Colonel Massy. (Here enter it.)

Agreed to.

5. To desire their Lordships would give Expedition to the Ordinance concerning Martial Law.

The Answer returned was:

Answer.

That this House agrees to the Orders now brought up; and concerning the Ordinance concerning the Martial Law, their Lordships will send an Answer by Messengers of their own.

Order for 250 l. for Col. Massey.

"Ordered, by the Lords and Commons in Parliament assembled, That the Committee of Lords and Commons for Advance of Monies at Habberdashers Hall do forthwith pay unto Mr. Cox Two Hundred and Fifty Pounds, to be immediately sent, and paid upon Accompt, to Colonel Massy, Governor of Gloucester."

Ordinance for the Commissioners of Excise to re-pay themselves 400 l. advanced for Windsor Castle.

"Whereas John Towse Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise, for the present Supply of the Garrison in Windsor Castle, have advanced and lent the Sum of Four Hundred Pounds: Be it therefore Ordained, by the Lords and Commons in Parliament assembled, and by the Authority of the same, That the said Commissioners of Excise shall and may satisfy and reimburse themselves of the said Four Hundred Pounds, with Interest after the Rate of Eight per Cent. for so long Time as they shall be out of the same, or any Part thereof, out of such Intervals of Receipts as shall happen between such Times as other Ordinances already assigned upon the Excise shall not fall due, or, in Default of such Intervals, shall and may re-pay themselves in such Order and Course as this Ordinance, according to its Date, doth take Place; and shall not, by any other Order or Ordinance of One or both Houses of Parliament, be secluded from satisfying and reimbursing themselves accordingly; and that the said Four Hundred Pounds be paid unto Colonel John Venn, Governor of the Castle of Windsor, whose Receipt shall be a sufficient Discharge for the Payment thereof."

Ordinance for the Commissioners of Excise to re-pay themselves 3000 l. advanced for Poole, &c.

"Whereas John Towse Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of Three Thousand Pounds, to be employed in Manner following; that is to say, Two Thousand Pounds for the Service of Poole, Wareham, and Taunton, and One Thousand Pounds more for the Regiment of Colonel John Fiennes: Be it therefore Ordained, by the Lords and Commons assembled in Parliament, That the said Commissioners of Excise shall and may satisfy and reimburse themselves the said Three Thousand Pounds, together with Interest for the same after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Time wherein other Payments out of the Monies arising upon the Excise shall not happen to fall due, or, for Want of such Intervals, then as the same shall follow in Course; and shall not, by any other Order or Ordinance of One or both Houses of Parliament, be debarred from satisfying and reimbursing themselves accordingly; and the respective Receipts as well of Michaell Herring, of London, Merchant, for the said Two Thousand Pounds, as of the said Michaell Herring for the other Thousand Pounds, as aforesaid, shall be a sufficient Discharge to the said Commissioners in that Behalf."

"An Ordinance for the Subsidy of Tonnage and Poundage.

Ordinance for Tonnage and Poundage.

"Whereas there was passed an Ordinance, by the Lords and Commons assembled in Parliament, intituled, "An Ordinance of Parliament concerning the Subsidy of Tonnage and Poundage," to continue from the First Day of July, 1642, unto the First Day of March then next ensuing, which said Ordinance, by a later of the 21th of January, 1642, for the setting forth of several Ships and Fleets to Sea, for the guarding of this Realm, and other His Majesty's Dominions, in these Times of imminent Danger, and for the carrying on of the Affairs of the Navy, was Ordered to stand and continue in full Force and Power, from the Time of the said Ordinance expiring, unto the 26th Day of March, 1644; and from thence, by another Ordinance, of the 18th of September, 1643, to continue unto the 26 of March, 1645: And whereas the said Lords and Commons have taken into their Consideration the Necessity of the Continuance of several Fleets of Ships abroad at Sea, for the said Service; and the same will require great Sums of Money, which cannot be supplied and provided for, but out of the Collections of Duties arising on Goods and Merchandize exported out of, and imported into, this Kingdom: Be it therefore Ordained, by the said Lords and Commons, That the said First Ordinance, intituled, "An Ordinance of Parliament concerning the Subsidy of Tonnage and Poundage, together with the Book of Rates lately agreed on by the Commons House of Parliament, and by their Order published in Print, and all and every the Articles and Instructions in the said Ordinance and Book of Rates specified and contained, shall stand and continue in full Force and Power, from the said 25th of March, 1645, inclusive, for and until the 26th of March, 1647, exclusive; and that the Commissioners and Collectors for the Time being, or such other Persons as shall be at any Time hereafter nominated and appointed to receive the said Duties by both Houses of Parliament, are and shall be enabled to receive all such Sums of Money which shall at any Time hereafter be payable, or paid, for Tonnage and Poundage, or advanced by Way of Loan or otherwise, for and in respect of Goods and Merchandize exported out of, or imported into, the Port of London, and all other Ports within the Realm of England, Dominion of Wales, and Town of Berwick, in such Manner as the Duties of Tonnage and Poundage have been formerly received by the late and now Commissioners and Collectors of the Customs; which said Commissioners and Collectors, and such other Persons hereafter to be appointed by both Houses of Parliament as aforesaid, their Deputy or Deputies, or any One of them, shall have full Power and Authority to give Allowance, by Way of Defalcation, after the Rate of Fifteen per Cent. out of all such Monies as shall be advanced according to the said Ordinance and Book of Rates; all which Monies the said Commissioners and Collectors, and such other Persons hereafter to be appointed as aforesaid, their Deputy or Deputies, shall receive upon Accompt; and shall from Time to Time issue out the same, as they shall be authorized by Order of the Lords and Commons in Parliament, or by Order signed by Five at the least of the Committee of the Navy of the Commons House of Parliament, sitting the Committee, for the Use of the Navy and the Fleet now at Sea, or hereafter to be employed by Authority of both Houses of Parliament, for the Guarding of the Seas, and Defence of the Kingdom, and for other necessary Charges for the managing the Service aforesaid, whose Order, from Time to Time, shall be their sufficient Discharge: And, for the better Encouragement of the said Commissioners and Collectors, the said Lords and Commons do Ordain, That whatsoever Act or Acts the said Commissioners and Collectors, or such other Persons to be appointed as aforesaid, their Deputy or Deputies, or any of them, shall do in the Execution of this Ordinance, and whatsoever Monies they shall receive and issue out by virtue of the same, they, their Heirs, Executors, and Administrators, shall be acquitted, discharged, and kept harmless, from any other or further Trouble, Question, or Accompt whatsoever, than to the said Lords and Commons: And they do further Declare and Promise, That, when any Act of Parliament shall be passed for Tonnage and Poundage, Provision shall be made by that Act, as well for the Indemnity of the Merchant advancing the said Duties and Sums of Money, according to the said Ordinance and Book of Rates, as for the Security and Indemnity of the said Commissioners and Collectors, and such other Persons to be appointed as aforesaid, in the Performance of the said Service, and (fn. 4) of such other Person and Persons who shall be employed therein: And it is likewise Ordained, by the said Lords and Commons, and they do hereby enjoin all Merchants, as well Denizens as Aliens, to make due Entries of all such Goods and Merchandizes as they shall export or import, from the Day of the Date hereof, for, by, and during, the Continuance of this present Ordinance: And it is further Ordered and Ordained, by the Authority aforesaid, That if any such Goods, or other Merchandize, whereof any the Duties aforesaid are or shall be due, shall, at any Time hereafter, be shipped or put into any Boat or Vessel, to the Intent to be carried into the Parts beyond the Seas, or else be brought from the Parts beyond the Seas into any Port, Place, or Creek, of this Realm, or other His Majesty's Dominions, by Way of Merchandize, and unshipped to be laid on Land, and Customs and other Duties due by this Ordinance, or to be due, for the same, not paid, or the Collector thereof, or his Deputy, with the Consent and Agreement of the Comptroller and Surveyor there, or One of them at the least, not agreed with for the same, in the Custom-house, according to the true Meaning of this Ordinance; that then, from the First Day of February, 1644, all the same Goods and Merchandize whatsoever shall be forfeited, the One Half to be employed to the Use of the State, and the other Moiety to him or them who will seize or sue for the same; and, for that Purpose, the said Lords and Commons do require the Customers, Comptrollers, Surveyors, Searchers of the said City of London, and all other the Ports respectively, that they do carefully attend their several Charges, and make due Seizure, as forfeited, of all such Goods and Merchandize as shall not be entered according to the Intent of this Ordinance; and such Goods, so seized by the said Officers or any other Person whatsoever, they are required from Time to Time to register, with the Officer appointed for that Purpose, in the Custom-house, London; and to proceed, by Way of Bill, Plaint, or Information, in His Majesty's Court of Exchequer, against such Goods and Persons, so offending contrary to the true Intent and Meaning of this Ordinance: And it is lastly Ordained, That the Baron or Barons of the said Court of Exchequer, and all other Officers of the said Court respectively, for the Time being, do and shall, and are hereby authorized and required to, proceed to Judgement, upon such Bill, Plaint, or Information, according to the Course of that Court; and the said Baron or Barons, and Officers of the said Court respectively, shall be hereby indemnified and saved harmless for their so doing.

"Provided, That the Ordinance lately made, for the regulating of the Rates of Tobacco, do stand in Force, without Allowance of Fifteen per Cent. according to the true Intent and Meaning of the former Ordinance; any Thing in this Ordinance to the contrary notwithstanding.

"Provided always, That, for the better Encouragement of all Merchant Strangers, and others, using the Composition Trade of Dover, it is Ordained, That the said Merchant Strangers, and others using the said Composition Trade, shall not pay any Customs, Subsidies, or any other Imposition whatsoever, more than the Two and a Half per Cent. which usually heretofore was by them paid for that Composition Trade; any Ordinance to the contrary notwithstanding.

"It is further Ordained, That the several Ordinances of Parliament, of 26th of August, 1642, and 19th January, 1642, inhibiting the Importation of Currants, be hereby repealed and made void; and that it shall and may be lawful, from the Date hereof, for all Merchants of the Levant Company to import, in English Bottoms, Currants as in former Times, paying only such Customs and Duties as are due and payable by the now Book of Rates, established by Authority of the present Parliament: Provided, That One Third Part of the Profit that shall arise out of the Customs payable upon Currants shall be appropriated to the Garrison of Gloucester."

Adjourn.

House adjourned till 9^a cras.