House of Lords Journal Volume 7: 6 May 1645

DIE Martis, 6 Maii.

PRAYERS, by Mr. Hardwicke.

Ds. Grey de Warke, Speaker.

Col. Glbbs released from The Tower, on his Parole, for his Health.

Upon reading a Certificate of Tho. Grent, Physician to The Tower: (Here enter the Certificate.) It is Ordered, That Lieutenant Colonel Gibbs, for his Health's Sake, shall have Liberty to be within the Line of Communication; provided he give his Parole to the Lieutenant of The Tower, to render himself a true Prisoner to him, whensoever he shall be required by this House; and that he give Notice to the Clerk of the Parliament where he resides.

Col. Fielding will get Three Prisoners released in Exchange for himself.

It was reported to this House, "That Colonel Feildinge hath procured an Offer for the Exchange of Three Prisoners for him, which is presented to the Pleasure of this House; videlicet,

"Lieutenant Colonel Ludford, Governor of Rowden House.

"Captain Skarrborrow, which came to relieve the House with One Hundred and Twenty Musketeers.

Lieutenant Goodwin, a Lieutenant of Horse.

"These are Prisoners in The Devises, with the Governor Sir Charles Floyd, and are offered in Exchange for Colonel Richard Feilding."

Ordered, That this Paper be communicated to the House of Commons, and desire their Concurrence herein.

Deputy Lieutenant for Essex.

Ordered, That this House approves and nominates Thomas Ayloffe Esquire, to be a Deputy Lieutenant for the County of Essex; and the Concurrence of the House of Commons to be desired herein.

Bassano's Petition, to be Lieutenant of the Ordnance.

Upon reading the Petition of Andrea Bassano, One of the Commissioners appointed by a Committee of Parliament for taking the Remains of the Stores in the Offices of the Ordnance and Armory; shewing, "That he hath been employed Twenty-four Years and upwards in the Office of Ordnance, Part thereof as a Clerk, and Part as Deputy to Mr. Morrice, One of the Officers there; by which Employment, and his own Observations therein, he conceives he is enabled for the Execution of the Lieutenant's Place in that Office, shortly to be void; therefore desires that the Lieutenant's Place in that Office, with such competent Salary for his Pains in the Execution thereof, may be conferred upon him."

It is Ordered, That the Petition be communicated to the House of Commons, and their Concurrence herein desired.

Sir T. Fairfax and General Skippon re-called from going to Taunton, as the Strength of the King's Army is coming towards Oxford.

It was reported from the Committee of both Kingdoms, "That they receiving Information, that Prince Rupert and Prince Maurice and Goring were joined, and come near to Oxford, with their Forces; they thought fit to give Order and Directions, That Sir Thomas Fairefaix and Major General Skippon should return back from going to the Relief of Taunton; and that there should be but a Part of the Army sent to Relief of Taunton, in regard that a great Part of the Strength of the Enemy is come back with Goring."

Hereupon this Ordinance was drawn up, and passed; videlicet,

"Upon the Report of the Committee of both Kingdoms, That considerable Forces are drawing together towards the City of Oxford: It is Ordered and Ordained, by the Lords and assembled, That Sir Thomas Fairefaix and Major General Skippon shall be called back from their further Marching into the West; and to return into these Parts, and to be disposed of as both Houses of Parliament, or the Committee of the Two Kingdoms, shall direct."

Steward and De Franchi.

Upon reading the Petition of Captain Walter Steward Esquire: (Here enter the Petition.) It is Ordered, That the Defendant shall have a Copy of this Petition, and return his Answer to the same by this Day Sevennight.

Message to the H. C. about the following Particulars.

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

To desire their Concurrence in the Ordinance for recalling Sir Thomas Fairefaix and Major Skippon.

2. To desire their Concurrence in Nomination and Approbation of Thomas Ayloff Esquire, to be Deputy Lieutenant for the County of Essex.

3. To desire their Concurrence in the Exchange of Colonel Ric'd Feildinge.

4. To desire Concurrence in the Alteration in the Ordinance for Gloucest'r.

Col. Thompson's Petition for Arrears, and for some Employment.

Upon reading the Petition of Colonel Francis Thomson; desiring, "in regard of his faithful Service to the Parliament, and the great Losses he hath sustained by raising of a Troop of Horse by himself and his Friends, and there being near Four Hundred Pounds in Arrear for his Soldiers Pay; desiring to be employed in the Command of a Garrison, or otherwise in a Civil Employment; and that, (fn. 1) in Consideration of his great Disbursements and Losses, he may have some Part of his Arrears paid him, for his present Subsistence."

It is Ordered, That it be recommended to the House of Commons; and their Concurrence desired, that he may (fn. 2) have Relief and Respect shewed him.

The Earl of Northumb. and the Lord Wharton reported what they had drawn up concerning Sir John Conyers; which was read, as follows:

Declaration in Behalf of Sir John Conyers, late Lieutenant of The Tower.

"Whereas Sir John Conyers Knight was appointed Lieutenant of The Tower of London, and had Leave by both Houses to repair into The Lowe Countries; and whereas Colonel West is of late, upon the Recommendation of the Lord Mayor, Aldermen, and Commonalty of the City of London, (fn. 3) appointed, and authorized by both Houses, to be Lieutenant of The Tower of London: It is now hereby Declared, by the Lords and in Parliament assembled, That they did not hereby intend any Mark of Disrespect or Disfavour to the said Sir John Conyers; but that they will in due Time take his Condition and Services into Consideration, for his Encouragement and Advantage."

To be sent to the H. C.

Ordered, That this House approves of this Declaration; and that it be sent to the House of Commons, to desire their Concurrence herein.

Vintners Ordinance.

The Ordinance for the Vintners Composition was read the Third Time, and Agreed to.

(Here enter it.)

Ordinance about the Importation of Train Oil.

The Ordinance for prohibiting Train Oil to be brought in by Strangers, was read the Third Time, and Agreed to.

(Here enter it.)

"An Ordinance of the Lords and Commons assembled in Parliament, for freeing and discharging the Vintners from any Demand, for or concerning any Delinquency, concerning the Imposition of Forty Shillings per Tun on Wines, or any Thing concerning the same, except the Persons herein.

Ordinance concerning the Vintners Composition.

"Whereas divers Persons, in the Behalf of themselves and the Company of Vintners, being questioned in the House of Commons for their Delinquency, touching the Imposition of Forty Shillings upon the Tun of Wine, did submit themselves to the Judgement of Parliament, and did freely offer the Sum of Four Thousand Pounds to the Use of the Public, and desired the Favour of both Houses to be freed from their Delinquency, which Favour the said Houses are willing to extend; whereupon some particular Persons have advanced the said Four Thousand Pounds, and paid the same, according to the Direction of the House of Commons, for the Use of the City of Gloucester and otherwise: It is Ordained and Declared, by the Lords and Commons in this present Parliament assembled, That the Master, Wardens, Freemen, and Commonalty of Vintners of London, and all Vintners Parties to any Indenture or Indentures for the Forty Shillings per Tun, or for farming that Imposition, or that have taken the Advance of the Prizes upon Retail of Wines, except Richard Smallwood, Thomas Mason, Theodore Collins, Executrix of John Robotham, William Radford, Edmond Waters, Joseph Graves, John Phillpott, William Tarry, John Steele, Executors of John Mcares, John Doe, William Meares, Ambrose Paulson, John Petitt, George Tomlinson, the Executors of Phillippa Paull, William Butler, John Vangenew, Antho. Lewis, John Champe, John Byfeild, Francis Palfryman, Nathaniell Feild, Thomas Whicher, Randall Willy, William Longe, Alice Flowerdew, Executor or Executrix Administrator or Administratrix of John Ballard, William Agge, John Booth, George Flower, Executor or Executrix Administrator or Administratrix of George Hulbert, Robert Joyner, Executor or Executrix Administrator or Administratrix (fn. 4) of James Evyatt, Christopher Debnam, Elizabeth Bolles, Thomas Syms, William Clifton, Thomas Glascocke, Pelham Moore, Robert Panton, Alexander Lee, Henry Hodgkings, Moses Meare, Thomas Smith, Samuell Wethered, John Mathewes, Edward Milman, Richard Symonds, Executors or Executrix Administrator or Administratrix of John Westley, Wm. Moone, Abraham Atwood, Richard Ordway, Peter Cox, Walter Wormell, Robert Quartermayne, Peter Hynde, Richard Nix, William Baker, Ascanus Hicks, Executor or Executrix Administrator or Administratrix of Nathaniell Axtell, Richard Smith, John Carr, Executor or Executrix Administrator or Administratrix of John Barker, Executor or Executrix Administrator or Administratrix of Richard Hoult, and Elizabeth Maxey, be absolutely discharged, and for ever freed, from any Claim, Demand, or Delinquency, for or concerning the same; and the said Master, Wardens, Freemen, and Commonalty, and the Persons abovenamed (except before excepted), shall be, and are hereby, freed and discharged from every Grant or Covenant, contained in any Grants, Letters Patents from His Majesty under the Great Seal of England, Indenture or Indentures, and all Bonds and Bills, given for the Forty Shillings per Tun, and the Farm thereof, and all Arrears in any Wise depending upon the same; and the Bonds and Bills are to be delivered up, and the Books crossed, except what concerneth the said Richard Smalwood and the Persons excepted as aforesaid, which said Persons before excepted, being questioned for the same Delinquency with the rest that have submitted, have not only forborn to submit and conform themselves with the rest, but refuse to contribute their Proportion of the said Four Thousand Pounds, with other of the Company (although they are involved under the same Guilt): And because divers of the said Persons before excepted stand engaged, by Bonds and otherwise, to pay several Sums of Money upon the said Project of Forty Shillings the Tun, which they have not paid, and yet they have exacted the same from the Subject; in Recompence thereof, be it therefore Ordained, by the said Lords and Commons, That the Persons before excepted shall not have any Benefit by this Ordinance; and that it shall and may be lawful for the Committee of the House of Commons, commonly styled "The Committee for Gloucester," to call before them the Persons excepted as aforesaid, and to proceed against them, and examine their Delinquency; and, according to the Nature and Quality of their respective Offences, to deliver their Judgement and Opinions thereupon, and to present the same to the House of Commons, that they may be further proceeded against as the Merits of their Offences do deserve: And be it further Ordained, by the Authority aforesaid, That if it shall appear to the said Committee for Gloucester, that any of the Persons before excepted are indebted to the State any Sums of Money as aforesaid, it shall and may be lawful for the said Committee to demand and compound the same, and, in Case of Refusal or Non-payment, to distrain for the same, and, in Default of Distress, to commit the Person or Persons so indebted to Prison, until he, she, or they shall make Satisfaction: And it is further Ordained, That all such Monies as shall be further raised by virtue of this Ordinance shall be employed to the Use of the City and Garrison of Gloucester; and that it shall be lawful for the said Committee to allow such Proportion thereof to the Persons that have advanced the said Four Thousand Pounds, as to them shall seem to stand with Justice and Equity; having regard to the Proportions that would have fallen to the Shares of the Persons excepted, had they submitted and conformed themselves with the rest."

Physician of The Tower's Certificate concerning Col. Gibbs.

"These are to certify all those whom it may concern, That Lieutenant Colonel Will'm Gibbs, Prisoner in The Tower, hath been a long Time very ill, and now is rather in a worse Condition, not only in Body, but in Mind, than formerly; for he is very melancholy, careless of himself, scarcely willing to speak, or to tell what he doth ail, as if he were more willing to die than to live. I, for my Part, have been ready to do all the Service that I could, according to the Condition of my Place; and desired the Apothecary to let him have what I prescribed, because that I did see that he was a Gentleman destitute of Means. I do think that the Change of Place and Air, with the Company of some familiar Friends, may prevail much for his Recovery and future Health. In Witness whereof, I have here set my Hand.

"Tho. Grent,

May the 6th, 1645.

"Physician for The Tower."

Capt. Steward and De Franchi.

To the Right Hononrable the Lords now assembled in Parliament.

The humble Petition of Captain Walter Steward Esquire;

"Shewing,

"That, in the Cause first brought in the Court of Admiralty against the Petitioner by Nicholas De Franchi, upon a Bill of Lading for Ten Chests of Silver, and afterwards appealed into the Delegates, the Petitioner was condemned, not for Want of Right, but for Want of Proof; and the Reason of his Want of Proof was the wicked and unjust Proceeding, first by Sir Henry Marten, and after by the Judges Delegates; who, being fully informed that the whole Matter of the Suit was both begun and transacted in Spaine, from whence and no where else the Testimonies were to arise, yet refused to grant the Petitioner a Commission into Spaine to make his Proofs, and condemned the Petitioner for Want of Proof, having admitted his Defence for good if it had been proved.

"After which, the Petitioner, by Supplication to His Majesty, obtained a Commission of Review; and the Judges of the Review granted him a Commission into Spaine, which the Petitioner, with the greatest Industry he possibly could, caused to be executed; but the Distance of Place, and Absence of Officers where Searches were to be made, and other Remoras put upon him before he could procure his necessary Witnesses to be examined, prolonged it so much, that it could not be expedited within that Punctuality and Strictness of Time that was prefixed; whereof the Petitioner heareth that the said De Franchi gives out he will take the Advantage:

"For Prevention whereof, and to the End the Business may receive a right and just Hearing, where the Petitioner may be allowed his just and necessary Defence; the Petitioner, protesting and complaining against the Errors, Nullities, Grievances, Iniquity, and Unjustness of the Proceedings and Sentences, both of Sir Henry Marten and the Delegates, doth humbly make his Address by Supplication unto your Lordships in this High and Honourable House of Peers, and beseecheth your Lordships to receive his Supplication, and accept of the Cause, and to be pleased to order that all Executions and further Proceedings against the Petitioner, in the Admiralty, or Delegate, or elsewhere concerning the Premises, may, during the Dependency of the Matter before your Lordships, stand suspended and inhibited; and that the Petitioner's Commission executed in Spaine may stand confirmed, and the Examinations and Proofs there taken be allowed of before your Lordships; and that your Lordships will further vouchsafe him your Honourable Protection, for his free and safe coming over into England, and abiding there, for the following of this Cause, without being arrested or troubled by the said De Franchi, or any other, during the Dependency or Agitation thereof; that so it may come to a full and free Hearing betwixt the Petitioner and De Franchi; and that your Lordships, if you find the Justice of the Case to require it, may acquit the Petitioner against the said Sentences and Proceedings in the Admiralty and Delegates, and reverse and nullify the same, and condemn the said De Franchi in such Costs and Damages to the Petitioner, as in your Lordships Wisdom you shall find to be meet and just.

And your Petitioner shall pray, &c.

"Walter Steuart."

Ordinance to prevent the Importation of Train Oil, &c. by Foreigners.

"The Lords and Commons assembled in the High Court of Parliament of England, taking into Consideration that nothing more enricheth this Kingdom than Commerce, whereby the Navigation thereof is much increased, especially in Fishing Voyages, and therefore ought to be encouraged; upon the humble Petition presented from the Fellowship of Merchants of England for Discovery of new Trades, Adventurers to Greenland; shewing, That they were the First Discoverers of that Country, and, for many Years successively, have maintained the Fishing there, which hath been a great Increase of many Seamen and many Ships Yearly employed, to the great Benefit of this Kingdom; but of late Years have been much prejudiced, for that great Quantities of Whale Oil of Strangers Fishing are permitted to be imported into this Kingdom, more than it can spend; by Means whereof, the said Petitioners, and others His Majesty's Subjects trading thither, have not Vent for theirs, which, without some speedy Prevention, will disable them from continuing their Fishings into those Parts, to the Hazard of the Loss of that Country unto Strangers (so long desired by them), being Subjects to the Crown of England; and likewise taking into Consideration, that, in other Kingdoms and States, the Importation of Whale Oil and Fins are not permitted to any but the Subjects of those Kingdoms and States of their own Fishing; do therefore Order and Ordain, That no Whale Oil nor Fins, nor Gills, commonly called Whale Bone, either Wrought or Unwrought, shall hereafter be imported into any Port, Haven, or Creek, of this Kingdom, from any Foreign Parts whatsoever, other than what are immediately fished in Greenland by the Subjects of this Kingdom, and in Ships set out from hence, under Penalty of Confiscation; and all Customers, Comptrollers, Searchers, Waiters, and all other Officers, in their several and respective Places, are hereby required to attend the due Execution thereof, and not to permit or suffer any Whale Oil, nor Fins, nor Gills, as aforesaid, to be imported into this Kingdom, or colourably customed for any other Goods or Merchandize; but that they do forthwith seize and take the same into their Custody, One Moiety for the Use and Benefit of the State, and the other Moiety for the said Fellowship, towards their Charges; and all Justices of the Peace, Mayors, Bailiffs, Sheriffs, Constables, Headboroughs, and all other His Majesty's Officers, in their several and respective Places, are hereby commanded and required to be aiding and assisting therein, as they will answer the contrary at their Perils."

Adjourn.

House adjourned till 9^a cras.