Friday, the 9th of January 1651.
High Court of Justice.
RESOLVED, by the Parliament, That Thursday
next be appointed for the Act to be brought in,
touching the High Court of Justice.
Resolved, That Mr. Hill do, on Thursday next, make
his Report from the Committee to whom Mr. Prymate's
Petition is committed: And that the House do then take
further Consideration, touching the undue Printing of
Petitions and Papers.
A Prisoner committed.
Resolved, That the Serjeant at Arms attending the Parliament do deliver Thomas Elsliott, who was committed
unto him by Order of the Committee of Indemnity, unto
the Prison of Newgate, under that Charge which is now
upon him from that Committee; and that the Keeper of
Newgate be required, by virtue of this Order, to receive
the said Thomas Elsliott into the said Prison; and to the
end he may be liable to such legal Charges and Prosecution as shall be had against him.
Alderman Pennyngton reports, from the Council of
State, Four Narratives, containing the State of the Cases
of the Eastland Merchants; of Mr. Samuel Mico; of the
English Merchants trading to Bordeaux; and of Wm. Anderson; as the same have been sworn before the Council.
The State of the Case of Wm. Anderson of Berwick,
Merchant, was this Day read.
ABOUT the 12th of September last, the said William
Anderson set sail from Berwick in the Ship Fortune, of
New-Castle, George Cook Master, bound for Roterdam,
where, being arrived about the Eighth of October, and
having laden the said Ship with several Goods and Merchandizes, set sail from thence the 18th of October, bound
for Berwick aforesaid; but in her Voyage thither was on
the 19th of October, taken near Yarmouth Roads, as
Prize, by a Man of War, who had Commission from the
late Scotts King; and by her carried to Callice, where
both Ship and Goods were adjudged Prize.
The said Wm. Anderson redeemed the said Ship and
Goods at Calice, paying for the same Eight thousand
Holland Gilders; and from thence, caused her to come
for Berwick, her first intended Port; where she is arrived.
The said Ship having in her certain Goods which are
prohibited by the late Act, are, both Ship and Goods,
seized upon; although she would, in all Probability, have
arrived at Berwick a Month before the said Act took
Place, had not the said Accident befallen her.
Stephen Jackson of London, Merchant, offereth to depose, That the several Particulars above mentioned hath
been, by the said Wm. Anderson, from time to time, advised him by Letters; and also, by Letters from Wm.
Johnson, English Merchant, Resident at Rotterdam; and
from Henry Booth, Merchant at Callice.
The said Stephen Jackson further offereth to depose,
That he accepted and paid Bills of Exchange to Henry
Reginer, Merchant, for Four hundred and Ten Pounds
Sterling, drawn by the said Wm. Anderson upon him from
Callice; which was towards Payment of the abovesaid
Eight thousand Gilders, for Redemption of the said Ship
Henry Reginer of London, Merchant, offereth to depose, That he received Advice, by Letter from the aforesaid Henry Booth, that the said Ship was brought Prize
into Callis, and redeemed by the said William Anderson;
and likewise that he received 410£. Sterling of the said
Stephen Jackson, which was drawn upon him by the said
Sworn at the Council, the 31th December 1651.
Resolved, That the Commissioners for the Customs be
authorized and required to take off the Seizure of the
Ship Fortune of New-Castle; George Cook, Master, bound
from Roterdam, and the Lading of the said Ship, made
by Virtue of the Act of Parliament, intituled, An Act
for Increase of Shipping, and Encouragement of the
Navigation of this Nation: And that the Ship and her
Lading be restored unto the Owners, freed and discharged of and from any Seizure or Confiscation by Force
of the said Act, as if the same had come in before the
First of December last: And that all Officers, and other
Persons concerned, do take Notice hereof and yield
The Case of Samuel Mico of London, Merchant, was
this Day read; as followeth.
THAT he employeth some Thousands of the People
of this Commonwealth in making of Manufactures of
Wool, to be transported beyond the Seas.
That he sent a great Quantity of those Manufactures
to Alicant in Spaine that lies within the Streights of Gibrallar; in ordering his Factor Aaron Mico in March last,
to send him Returns the Beginning of this Vintage, in Raisins, Anniseeds, Almonds, Figs, and some Wines, &c.
That in Pursuance thereof his said Factor, not finding
any English Ship in those Parts to get Tonnage in, on the
Tenth of September last, was necessitated to freight the
Ship Hope, John Van, Linen Master of Hamborough, to
bring for England his said Returns: And sent them a
Copy, in Spanish, of the Charter-Party, dated the 20th,
which is the 10th of September, English Style.
That in the same Month of September, and some Part
of October, his said Factor laded the said Ship with those
Commodities in Denia, Shauia and Alicant; but the just
Quantity of each he knows not yet, for want of some
Letters not yet come to hand.
That those Commodities are for him, the said Samuel
Mico, his proper Accompt; save some small Part for
Accompt of his Brother-in-Law, Nathaniel Wythers, an
English Merchant now beyond the Seas: And no Part of
the Ship's Lading that he knoweth of, belongeth to the
People of any other Nation.
That the said Ship came away from Alicant, her last
Port of Lading, as he hath heard by Letters, the Twentyfifth Day of October 1651, having been so crossed by
Winds, that she arrived not in the Downes till the 28th
of this present Month of December.
That he believeth the said Factor had no Notice of the
Publication of the Act forbidding the Importation of
Goods in Foreign Bottoms after the First of December,
before such her Departure; nor that it was possible he
should have it so soon; nor hath he written him the said
Samuel, to this Hour, of any Knowledge of it; so it
was not possible for him, the said Samuel Mico, to give
his Factor Notice of it, to prevent the Lading of Goods
in Foreign Bottoms, before the coming away of the said
Sworn at the Council, the 31th of December 1651.
Resolved, That the Commissioners for the Customs be
authorized and required, to take off the Seizure of the
Ship Hope, John Van, Linen-Master of Hamborough, and
the Lading of the said Ship, made by Virtue of the Act
of Parliament, intituled, An Act for Increase of Shipping,
and Encouragement of the Navigation of this Nation;
and that the said Ship and her Lading be restored unto
the Owners, freed and discharged of and from any
Seizure or Confiscation, by Force of the said Act; as if
the same had come in before the First Day of December
last: And that all Officers, and other Persons concerned,
do take Notice hereof, and yield Obedience hereunto,
The Case of the Eastland Merchants, was this Day read.
THE Eastland Merchants having been necessitated,
before Publication of the late Act of Prohibition, to
employ several Foreign Ships (a particular List whereof
is adjoined) they do, in Obedience to an Order this Day
received from your Honors, severally, according to their
respective Interest in each of the said Ships, declare and
1. That to the best of their Knowlege all the Goods
laden in the said Ships, do, without Fraud, belong only to
the People of this Nation.
2. That most of the said Ships being freighted by the
Factors in the East Country, the Deponents do not certainly know, whether all of them were agreed withal by
Charter-Party, or no; but if they were, the Charter-Parties are, according to Custom in the Hands of the respective Masters of Ships; who are not yet arrived: Only by
Letters received from their Correspondents there, they
have Information when the said Ships were freighted; as
is particularly expressed in the said List.
3. As to the Quantity and Quality of the Goods laden
upon the said Ships, the Deponents, not being the only
Proprietors thereof, but some Part belonging also to their
Correspondents, English Merchants, beyond the Seas;
they are not able, directly and certainly, to express the
same until the Ships Arrival: Which yet they have, as
near as they can, set down in the said List.
4. That all the said Ships were freighted and employed
before the Factors in the East Country, or Norway, could
have Notice of the Act of Prohibition: And that, altho'
the Deponents writ by the first Conveyance after the
Publication thereof, yet they could not give timely Notice
to prevent the Employment of the said Ships; neither
were any English Ships there, at the Time, to be freighted
in Case it had been possible.
A List of Foreign Ships, freighted and expected from the East Country.
|W. Harrington, John Travell, Edward Bilton.
||1. The Gerechtigkeit of Staverne, Dawe
Jacobson Master, was freighted by Samuel
Travell and John Collins at Dansk; and from
thence dispatched to take her Lading at Riga,
the 7th October 1651; as by Letters from the
said Mr. Travell appears: Her Lading is in
Hemp and Potashes; being in Burden 140
Lasts, or thereabouts.
|Edward Bilton, Robert Whitlock.
||2. The Corver of Edam Derrick, Claus
Corver Master, was laden by Richard Whitlock, and others, at Dansk, the 18th of October
1651, with Flax, Hemp, Potashes, Iron, Linen
|John Upton, Benjamin Coles, Benjamin Edwards.
||3. The King David of Staverne, Dowe
Joachim Master, of about 130 Lasts, was
freighted and dispatched from Dansk to Riga
the 30th December 1651; and is laden with
Hemp and Potashes.
|Edward Bilton, Rich. Eccleston.
||4. The Hope of Lubeck and Quinsbergh, of
120 Lasts, Daniel Maier, was freighted at
Quinburgh the 18th of October last; and is
laden with Hemp, Flax, Potashes, and Hops.
||5. The Golden Mule of Enchuisen, Outger
Ryener Master, about 100 Lasts, was laden
at Quinsburgh the 20th of September 1651,
|Robert Whitlock, Benjamin Coles.
||6. The Butshott Van Horne, Walcot Williamson Master, of about 130 Lasts, was
freighted at Quinburgh the Sixth of September
last, and came away for London the 6th of
October; and is laden with Wood, Flax, Potashes, and Poldavis, &c.
||7. The John of Lubeck, Paul Alberts Master, of about 80 Lasts, was freighted at Quinburgh about the 20th of October 1651; and is
laden with Hemp, Flax, and Potashes.
|W. Harrington, Jam. Whitehall, Rich. Eccleston.
||8. The St. Peter of Lubeck, Master, Walter
Reynholt, of about 100 Lasts, was freighted
at Dansk, to lade at Quinsburgh about the
20th of October 1651; and is laden with
Hemp, Flax, and Sturgeon.
||9. The Crab of Horne, Martin Geretson
Crab Master, of 150 Lasts, 300 Tons, was
freighted at London by Charter-Party, dated
26th of August 1651, for a Voyage to Norway,
and to return; and is laden with Deals, Tar
and Tallow, &c.
|Pet. Blaikborow, Edmund Lee.
||10. The Prussia Lady of Staverne, of 150
Lasts, Evert Johnson Master, was freighted in
London by Charter-Party, dated the 27th September 1651, for Norway, and to return to
London; and is laden with Masts and Wood.
Sworn at the Council, 31th of December 1651, by all
the Persons whose Names are in the Margin.
Resolved, That the Commissioners of the Customs be
authorized and required, to take off the Seizure of the
Ship Gerechtigheit of Staverne, Dave Jacobson, Master,
freighted by Samuel Travell and John Collins at Danske,
and of her Lading made by Virtue of the Act of Parliament, intituled, An Act for Increase of Shipping, and
Encouragement of the Navigation of this Nation; and
that the said Ship, and her Lading, be restored unto the
Owners, freed and discharged of and from any Seizure or
Confiscation, by Force of the said Act, as if the same had
come in before the first Day of December last: And that
all Officers and other Persons concerned, do take Notice
hereof, and yield Obedience hereunto, accordingly.
The like Order for the Ship King David of Staverne,
Dowe Jochim Master, freighted and dispatched from
Danske to Riga; with her Lading.
The like Order for the Ship Hope of Lubeck and
Quinsbergh, Daniel Mayers Master; with her Lading.
The like Order for the Ship Golden Mule of Enchuissen, Outger Riener Master; with her Lading, &c.
The like Orders for the Ships the Butshott Van Horne,
Walcot Williamson Master;
The John of Lubeck, Paul Alberts Master.
The St. Peter of Lubeck, Master, Walter Reynholt;
The Ship Crabbe of Horne, Martin Gereston Crab,
The Ship the Prussia Lady of Staverne, Evert Johnson, Master; with their several Ladings.
The Papers concerning the Merchants of London, trading for Burdeaux, was this Day read; being as followeth.
ACCORDING to the Order of the honourable
Committee for the Council of Trade and Foreign Affairs,
issued to us this Day;
That at or upon the 6th of September last, Joseph Hieron,
Henry Potkin, Robert Collins, and George Toriane of London, Merchants, did take Freight for One hundred Tons in
the Bay-tree of Flushing, Bowdwin Philips Master: And
upon Promise of the rest of his Loading by others of us,
(according to the usual Custom, for this Place, in Lieu of
Charter-Party) he did immediately proceed in his
Voyage: In the like Manner, and about the same Time,
Elizabeth Camby, by Order from her Husband Samuel
Camby, Thomas Fincham, Richard Fuller, Edward Young,
Arnola Beak, and others, Merchants of London, hired and
took to freight the Arms of Flushing, Master, Cornelius
Dronkeart; who also immediately proceeded, in Company
with the former, for Burdeaux; and so to return to London:
And Joseph Butelier and Henry Shelbury, Merchants . .
London, by their Factors abroad, took their full Freight
and Tonnage, long before Publication of the Act here;
as by their Affidavit, already made, doth appear.
Now so it is, that the Act for Increase of Shipping
was published the Tenth of October; upon which divers
of us gave Notice the next Post after, concerning the said
Act, to countermand the Lading of our Goods; which
our Advice could not possibly arrive soon enough to that
Effect; nor our Factors remedy the same, or load them
in any English Vessels; the said Ships being dispatched,
and gone thence to Sea: And of the Truth hereof, we
have already, before Dr. Aylett, made Oath in Part; and
are again ready, sincerely, to swear the same.
2. As for the Quantity of our Goods, we have herewith noted so much as we know, and do conceive to be
all, or the most Part of the Lading; for each Man having
several Factors, we cannot make Oath directly for all.
3. For the Quality of them, they are as followeth;
Prunes, Aqua-vites, Rosin, Kid-skins, Goat-skins, Feathers, Vinegar, and Canvas; as by our Bills of Loading
4. All the said Goods do really belong to Merchants of
London, and the People of this Nation; excepting some
few Goods belonging unto Merchants and Citizens of
Burdeaux, and consigned unto some of us here; upon
which we have long since disbursed the Value of the
Goods, by their valuing themselves on us, without other
Means to reimburse ourselves, but by the Produce of the
said Goods: All this we are ready, without any Fraud
or indirect Meaning, to make good, as the honourable
the Council of State shall appoint us.
Hen. Potkine, Henry Shelbury, Arnald Beak, Jos.
Hieron, Joseph Battaille, George Torriane.
Sworn before the Council December 31 1651.
In the Bay-tree, Master, Bowdwyn Philips.
96 Hogsheads of Spirits, or Aqua-vites;
20 Bags of Feathers;
211 Hogsheads of Prunes;
137 Bale Kids and Goat-skins;
18 Ton of Vinegar;
12 Bales Canvas;
200 Cakes of Rosin.
In the Arms, Master, Cornelius Dronkeart.
69 Hogsheads of Spirits;
24 Bags of Feathers;
254 Hogsheads of Prunes;
169 Bales, Kids and Goat-skins;
21 Ton of Vinegars;
240 Cakes of Rosin.
The Question being put, That the like Order be made
for the Ship Bay-tree of Flushing, Bawdwin Philips
Master, and her Lading; and for the Ship Arms of
Flushing, Master, Cornelius Drunkaert, and her Lading;
as in the former Cases;
The House was divided:
The Yeas went forth:
Lord Comm. Whitelock,
||Tellers for the Yeas:
||With the Yeas,
Lord Commis. Lisle,
||Tellers for the Noes:
||With the Noes,
So it passed with the Negative.
Lord Herbert's Estate.
Mr. Say reports from the Committee to whom the Business touching the Lord Herbert of Ragland was referred,
several Resolutions of that Committee, as followeth;
Resolved, That the Houses and Lands conveyed by
Act of Parliament unto Mr. Pennoyer and Mr. Hill,
were, by Indenture, dated 3"°"; Caroli, conveyed by Edward
then Earl of Worcester, unto the Petitioner and his Heirs,
after the Decease of Edward now Earl of Worcester,
who is but Tenant for Life thereof.
Resolved, That the yearly Value of the said Houses
and Lands are, and were, before the Beginning of these
Resolved, That it be humbly presented to the Parliament, as the Opinion of this Committee, That the several
Manors and Lands, the Inheritance whereof is by this
present Parliament settled upon the Petitioner and his
Heirs, and are of the yearly Value . . 1,700£.; that the
present Possession thereof be granted unto the Petitioner,
he paying to the Trustees for Sale of Delinquents Lands,
the Sum of 800£.
Resolved, That it be presented to the Parliament, as
the Opinion of this Committee, That the Trustees and
Contractors for Sale of Delinquents Lands, do convey the
said Manors and Lands to the said Petitioner, during the
Life of Edward Earl of Worcester; the said Petitioner
paying to them therefore the said Sum of 800£.
Resolved, by the Parliament, That in Satisfaction and
Discharge of the Title and Claim of the Lord Herbert of
Ragland unto the Houses and Lands settled by Ordinance
of Parliament on Mr. Pennoyer and Mr. Hill, the Trustees
for Sale of several Lands and Estates forfeited to the
Commonwealth for Treason, be authorized and required
to convey unto the said Lord Herbert of Ragland, and
his Assigns, all the Manors and Lands, the Inheritance
whereof is, by this present Parliament, by an Act, intituled, An Act for Sale of several Lands and Estates
forfeited to the Commonwealth for Treason, settled on
the said Lord Herbert, and his Heirs, during the Life of
Edward Earl of Worcester: The said Lord Herbert paying for the same, to the Treasurers of that Receipt, the
Sum of Eight hundred Pounds: And that the present
Possession of the said Manors and Lands be thereupon
delivered unto the said Lord Herbert: And that the Commissioners for Compounding be authorized and required,
upon a Certificate of the said Treasurers, to take off the
Resolved, That the Reports be made from the Committee of the Navy, and the List of the Fleet be made, on
Wednesday next, the first Business; nothing to intervene.
Regulating the Law.
Lord Commissioner Lisle reports, from the Committee
appointed to consider of Persons out the House, to consider of the Inconveniences in the Law, &c. a List of the
Names of several Persons; viz. Matthew Hales, Wm.
Steele, Recorder, Charles George Cock, Thomas Manby,
John Sadler, Sam. Moyer, Josias Bernars, Alderman
Foulk, Tobias Fryer, Sir Wm. Roberts, Arthur Barnardiston, Major-General Disborow, Mr. Hugh Peters,
Colonel Thomlinson, Major Parker, Robert Jermy, Sir
Anthony Ashley Cooper, Mr. Hickman, Mr. Wm.
Methold, John Sparrow jun. Mr. Graves, Mr. Mansell,
Colonel Blunt, Robert Horsman, Francis Rivett, William Berry, Mr. Leech.
Commissioner of Assessment.
Resolved, That Wm. Fleming Esquire be added a Commissioner for the Monthly Assessment in the County of
Carmarthen; and that he be, and is hereby, impowered
to act therein, accordingly.
The House, according to former Order, adjourned
itself to Tuesday Morning next, Eight of Clock.