Friday, the 27th of February, 1651.
Thieves and Highwaymen.
AN Act for the better and more effectual Discovery
of Thieves and Highwaymen was this Day read
the First and Second time: And several Amendments
made at the Table.
The Question being put, That this Act, so amended
at the Table, be ingrossed;
It passed with the Negative.
And the said Act, so amended, being put to the
Question, passed; and ordered to be forthwith printed
Embassy from Hanse Towns.
Ordered, That Mr. Nevill, Mr. Strickland, Mr. Thomas Challoner, Mr. Ralegh, Sir John Hippisley, Colonel
Ingoldsby, Sir John Trevor, Lord Commissioner Lisle,
Colonel Morley, Earl of Pembroke, Lord Chief Baron, be
appointed a Committee to give Audience to the Agent
from the Burgemasters and Senators of Lubeck, Bremen,
and Hamborow, and the rest of the Hanse Towns.
Mr. Garland reports from the Committee to whom
the Business touching Alderman Fowke was referred, an
Act for relieving of John Fowke, of London, Alderman,
against the Governor and certain Adventurers of the East
He also reports from the same Committee, concerning
the said Alderman Fowke's Reparation for his Sufferings in
3° Caroli, the Report touching Alderman Fowke, made at
the Committee of the Navy Two-and-twentieth of August
1649; with the Opinion of the Committee, That what
Sum the Parliament shall think fit to allow the said Alderman for his Reparations, he shall have the same out of
the Estates of Papists, and other Delinquents, according
to an Order of the 30th of June 1645; and out of Omissions, Undervalues, and Compositions of Delinquents.
The Report was in these Words; viz.
22 Augusti 1649.
BY Virtue of an Order of Parliament of the 18th of
January 1646, whereby it is referred to this Committee
to receive Alderman Fowke's Petition, and examine his
Sufferings, Damages, and Losses, sustained for the Service of the Commonwealth; and to report their Opinions
thereupon to the House; This Committee do find, upon
Examination, That, 3° Caroli, the Parliament declared,
by a Vote, "That whosoever should pay Tonage and
Poundage, not being granted by Parliament, were Betrayers of the Liberty of England:" In Obedience to
which Vote and Declaration, Mr. Alderman Fowke,
though a Man of great Trading at that Time, refused to
pay Tonage and Poundage: Whereupon he had Currans,
Muscadels, Grogram, Mohairs, Raw-Silk, and other
Goods seized, to his Prejudice of 5,827l.
That, in August and January 1628, he took a
legal Course, and brought several Writs of Replevin: Both which, though served, were made ineffectual, by several Warrants from the Lord Treasurer and
Council-Table, brought by the Serjeant at Arms, and
other Messengers, who dispossessed the said Alderman
of his Goods, and imprisoned his Person.
That, in February following, an Information was
exhibited against the Alderman, in Star-Chamber, for
a pretended Riot, and seditious Words used by him, in
executing the said Replevin: To which the Alderman
put in his Demurrer, Plea, and Answer; and so that Suit
That, about the same time, the late King expressed his
Displeasure against him at Council-Table; and shortly
after, by Name, in a printed Declaration, published in
In October 1629, the Alderman refusing to pay
Tonage and Poundage for Muscadels, Currans,
and other Goods, then by him imported, Information was
given in against him at Council-Table; and great Endeavours used to take away his Life and Estate, upon false
Pretences of Clipping of Money, and Piracies: About
which divers Witnesses were examined, and he committed
to the Fleet, without any Cause expressed, and his Ship
and Goods, with a Prize of Sugar, all seized: And albeit
the Alderman used all Means to get his Liberty, by procuring Habeas Corpus, and otherwise, and by making
several Motions in the Exchequer, upon which Orders
were made, with the Assent of the late King's Attorney,
and Officers, for Possession of his Goods; yet, after a
vast Expence of Money and Time, they were all rendered ineffectual; and he forced to give 40,000l. Bail
in the Admiralty about the said Prize.
April 14, Information was exhibited against
the Alderman in the Exchequer, to force him to
pay 5s. 6d. per Cent. for Currans imported: To which
the Alderman put in his Plea and Answer; which is yet
In November, Anno prædicto, an Extent was executed
upon the Alderman's Goods, for refusing to pay Tonage
In December 1630, a Second Information was exhibited against him in Star-chamber, charging him with a
Purpose to dishonour the late King's Government, and
discouraging Merchants both at Home and Abroad; for
that the Alderman, presently after the Dissolution of the
Parliament, had written and published, in a Letter to his
Factor at Leghorne, these false and seditious Words, viz.
"The Parliament is broken up with Discontent; which
fills us with Sorrow and Fear. The Lord in Mercy look
upon us! for we decline in Honour, Wealth, and Safety,
strangely." Unto which Information the Alderman answered; Witnesses were examined; Publication passed;
and so depended.
In June 1641, the Alderman, having suffered
as before, and in many other great and chargeable Suits and Imprisonments, petitioned the House for
Relief, as formerly he had done in the former Parliament, in May and February 1628; thereby setting forth,
that he was then damnified 20,000l. at least; the House
having, on the First Day of the same Month, voted the
Patentees, and Undersharers of the Customs, Delinquents; and that their Estates, living or dead, ought to
be made liable to Restitution.
August 13, the Officers of the Customs, acknowleging, That, of the Goods seized as aforesaid, they then detained certain Bales of Silk belonging
to the Alderman;
The House thereupon ordered, they should be delivered unto him: Which was done accordingly.
Upon the whole Matter, This Committee do find, That
the said Alderman Fowke, having suffered from first to
last, as aforesaid, is damnified as followeth; for which
he ought to have Reparation:
1. For the Prejudice by him suffered by the Seizure
and Detainer of his Goods at the Custom-house, the Sum
of 5,827l. Which, together with the single Interest
thereof, from the Year 1628 to this Time, being Oneand-twenty Years, as was allowed by the Parliament,
7 Maii 1644, to Mr. Roll, for the like Cause, amounts
2. For Damage sustained by the Alderman by Loss of
his Trade, after the Rate of 6l. per Centum, for his
Stock, being computed the Sum for which his Goods
were sold, from the Year 1628, until the Beginning of this
Parliament, being 12 Years; as was likewise allowed to
Mr. Rolle, 7 Maii 1644, for the like Cause, 12,000l.
Sum Total of his Damages and Losses 27,615l.
Besides his many Sufferings by Imprisonment, and
Suits at Law.
And this Committee further certify, That the House
having, by an Order of the 30th of June 1645, directed
a Course to be considered of, how the said Alderman,
amongst others, might have Reparation out of Delinquents
Estates, they have summoned Sir Paul Pindar, Sir Wm.
Acton, Sir John Jacob, Sir Thomas Dawes, Sir John Harrison, Sir John Wostenholme, and Mr. Richard Bishop,
being some of the said Patentees and Undersharers of the
Customs, to shew Cause, why they ought not to make the
said Alderman Fowkes Satisfaction for his said Sufferings:
Some of whom attending by their Counsel, it then appeared, that they, amongst others, are the Persons by
whom the said Mr. Alderman suffered, as aforesaid; yet,
in Bar thereunto, they plead an Order of Parliament, of
the 26th of May 1641, whereby it appears, that 150,000l.
was accepted of them, in Satisfaction of their Delinquency
to the Commonwealth; and therefore they conceive themselves no ways liable to make the said Alderman Satisfaction: Which this Committee, nevertheless, submit to
the Judgment of this honourable House; and to direct
a Way for the said Mr. Alderman's Reparations.
East India Company.
A Petition on the Behalf of the Governor and Company of Merchants of London, trading to the East Indies,
was tendered to the House.
The Question being propounded, That this Bill be
The House was divided.
The Yeas went forth.
||Tellers for the Yeas:
|Lieut. Gen. Fleetwood,
||With the Yeas,
||Tellers for the Noes:
||With the Noes,
So it passed with the Affirmative.
The said Act was read, accordingly, the first time.
The humble Petition of the present Members, the Governor and Company of Merchants of London trading
into the East Indies, was this Day read.
Resolved, That this Bill be now read the Second time:
Which was read accordingly; and, upon the Question,
committed unto Alderman Allein, Lord General, Major
General Harrison, Colonel Rich, Mr Bond, Mr. Carew,
Mr. Ralegh, Sir Henry Mildmay, Colonel Morley, Mr.
Herbert, Mr. Robert Goodwin, Sir Wm. Constable, Sir
Arthure Hesilrig, Colonel Wouton, Colonel Fielder, Mr.
Hallowes, Mr. Edwards, Mr. Wilde, Mr. Solicitor, Sir
James Harrington, Mr. Holland, Mr. * Ashe, Mr.
Attorney General, Sir John Danvers, Colonel Marten,
Colonel Birch, Mr. John Goodwin, Mr. James Ash,
Alderman Atkins, Mr. Leman, Lieutenant General Fleetwood, Mr. West, Mr. Harby, Sir John Bourchier, Colonel
Thompson, Mr. Garland; or any Five of them.
Resolved, That the said Petition of the present Members, the Governor and Company of Merchants of London, trading to the East Indies, be committed to the same
Committee: With Power to hear all Parties, and to examine upon Oath; and to send for Persons, Papers, and
Witnesses: And this Committee are to meet at Two of
Clock, in the Duchy-Chamber, this Afternoon: And
Mr. Garland is to take Care of it.
Resolved, That the Debate upon the other Part of the
Report be adjourned till this Day Sevennight, the first
The House, according to former Order, adjourned
itself to Tuesday Morning next, Eight of Clock.