DIE Jovis, 9 die Januarii.
PRAYERS, by Mr. Harris.
Ds. Grey de Warke, Speaker this Day.
Merchants of The Intercourse Petition, to be relieved from Impositions.
(fn. *) The Petition of the Merchants of The Entercourse
was read; shewing,
"That whereas an Act of Parliament, 16° Carol. for
imposing a Subsidy of One in the Hundred upon all
Goods and Merchandize imported or exported, to be
raised for the Relief of Captives, taken by Turkish,
Moorish, and other Pirates; and whereas also Two
several Ordinances of Parliament were made, Anno
1643 and 1644, each for adding of One Tenth Pars
more of Customs and Subsidies, for the Defence of
the Towns and Ports of Plymouth, the Isle of St.
Nicholas, &c. which Acts and Ordinances, being
general upon all Goods, were conceived by the Collectors of those Duties to include the Petitioners as well
as others, so as they required and constrained them to
give Bonds for the Payment thereof, before they would
suffer them to take up or ship them: The Petitioners pray, that the Bonds so exacted of them as aforesaid tend to a Breach of the ancient and long-continued Treaty, and what Inconveniencies may ensue
to the Merchants Adventurers in The Low Countries
(who, is well known, are Five Times as many as the
Petitioners are here), if they should be compelled to
pay the said Impositions; and that therefore their
Lordships would please to signify their Exemption
from the same, and to order them to restore their several Bonds unto the Petitioners."
Ordered, That this House thinks it fit to grant this
Petition; and that it be communicated to the House of
Commons, to desire their Concurrence therein.
Committees to meet, to receive Business from The States Ambassadors.
The Speaker acquainted the House, "That The States
Ambassador sent to his Lordship, to desire him to
let this House know, that they have somewhat further to deliver to the former Committee appointed
to treat with them."
Hereupon this House appointed the Committee to
meet on Saturday next, in the Afternoon; and to send
to the House of Commons, to desire them to appoint
their Committee to meet accordingly.
Message from the H C. with Ordinances; and for a Conference on the One to exclude Members from holding Offices.
A Message was brought from the House of Commons,
by Sir Thomas Witherington Knight, &c.
To desire their Lordships Concurrence in these Particulars:
1. An Ordinance concerning the (fn. †) beheading the
Archbishop of Canterb'y. (Here enter it.)
2. An Ordinance concerning exempting The States
Ambassadors from paying Excise, &c. (Here enter it.)
3. An Ordinance for reimbursing the Commissioners
of the Excise Six Thousand Pounds, advanced upon the
Ordinance [ (fn. ‡) for continuing] the Excise of Salt and
Flesh. (Here enter it.)
4. To desire a Free Conference, concerning the Matter of the last Conference, that no Members shall enjoy
any Offices, &c.
Agreed, to give a present Conference as is desired.
5. An Ordinance to make good such Damage Alice
(fn. *) hath sustained by Major General Cromwell's
Agreed to, with an Amendment.
The Answer returned was:
That to the Ordinance concerning Alice Mansfield,
their Lordships will send an Answer by Messengers of
their own: To all the rest of the Particulars of this Message, their Lordships do (fn. †) agree.
Message to the H. C. with the Petitions of the Merchants of The Intercourse, and from the condemned Prisoners in Newgate; for Committees to meet, to receive Papers from The States Ambassadors; and about Lady Wilmot's Business.
A Message was sent to the House of Commons, by Sir
Edward Leech and Dr. Heath, which consisted of these
1. To deliver to them the Petition of the Merchants
of The Entercourse; to let them know, that this House
thinks it fit they be exempted from the paying of the
Impositions, upon those Reasons expressed in their Petitions, it being a reciprocal Thing between them and
2. To let them know, that The States Ambassadors
have signified to this House, "That they have somewhat further to deliver to the Committee."
Hereupon the Lords have appointed their Committee
to meet on Saturday next, in the Afternoon, at Three a
Clock; and to desire their Committee may meet with
the Committee of Lords.
3. To deliver to them the Report of the Committee
of Sequestration, concerning the Lady Viscountess Willmott, and desire their Confirmation of the same.
4. To deliver to them the Petition of the Prisoners
condemned at Newgate, and the List of their Names
(fn. ‡) that are desired to be pardoned, wherein the Lords have
made some Alterations, and desire their Concurrence
The Earl of Manchester and the Lord North were
appointed to report this Conference.
The House was adjourned during Pleasure, and the
Lords went to the Free Conference with the House of
The House was resumed.
Report of the Conference concerning the Ordinance for excluding Members of both Houses from holding Offices, Civil or Military.
The Earl of Manchester reported, "That, at this
Conference, it was delivered, That whereas their
Lordships sent down to the House of Commons
some Reasons, why they could not pass the Ordinance concerning exempting the Members of both
Houses from Offices; and they say, they could not
take the said Reasons into Consideration, because they
conceive it contrary to the Privilege of Parliament,
and that for these Reasons:
"1. The constant Course and Privilege of Parliament hath been, when any Bill or Ordinance
hath been sent from One House to the other,
that, in Case of Disagreement upon Alteration or Amendment, they have ever sent down
the Bill or Ordinance, with the particular
Amendment or Alteration. If the Bill or
Ordinance be not sent down, they cannot
compare the Alterations with the Bill or Ordinance, whereby they may judge how they
"2. And if the Amendments or Alterations be
not particularly expressed, with the Part or
Place of the Ordinance wherein they are to
be, Mistakes cannot be avoided, nor the Way
of transacting of Bills or Ordinances in both
Houses be certain and regular.
"3. At the Conference, when this Paper was delivered, neither the Ordinance nor any particular Amendments or Alterations were delivered; neither by the Paper sent down doth
it appear, that they have agreed to any Part
of the Ordinance, nor to what Part they do
disagree; and if the Reasons in this Paper
were admitted, yet no Ordinance would thereby be passed; and for these Reasons, the
House of Commons do conceive, that the
Paper sent down is a Breach of the Privilege of
Parliament, and contrary to the constant
Course of Parliament; and therefore they
cannot take the Matter thereof into Consideration.
"The House of Commons do conceive this Ordinance to be of so high a Concernment for the Public Good, as they do desire their Lordships Concurrence in the speedy passing of it."
Committee to consider of it.
Ordered, That the Consideration of this Paper,
brought up now from the House of Commons, and the
whole Business concerning this Ordinance, be referred
to the same Committee as was formerly appointed to
consider of this Business; and to meet this Afternoon, at
Three of the Clock; and Mr. Serjeant Whitfield and
Mr. Serjeant Fynch to attend.
Ordinance for beheading the Archbishop of Cant.
"Whereas William Archbishop of Canterbury stands
adjudged attainted of High Treason, by Ordinance
of both Houses of Parliament, and is thereby to suffer the Pains of Death, as a Person attainted of High
Treason should or ought to do: It is now Ordained,
by the Lords and Commons assembled in Parliament,
That as touching his Corporal Punishment, the Head
only of the said Archbishop shall be cut off, at The
Tower Hill, at the accustomed Place there used for
such Purpose; and that afterwards his Head and
Body shall be delivered unto his Servants, or some of
them, to be by their Care buried: And it is hereby
further Ordained, That the Lieutenant of The Tower
of London shall, on Friday the Tenth of January,
1644, deliver the Body of the said Archbishop to the
Sheriffs of London, at Tower Hill, in the accustomed
Place; and that the said Sheriffs of London shall the
same Day receive and execute the said Archbishop,
at the accustomed Place at Tower Hill aforesaid, in
such Sort, Manner, and Form only, as by this Ordinance is appointed and declared: And this present
Ordinance shall be a sufficient Warrant and Discharge
to the said Lieutenant of The Tower and Sheriffs of
London, and every of them, in that Behalf; any
Thing in the said former Ordinance, or any other
Ordinance or Order of both or either House of Parliament, or any other Matter or Thing whatsoever,
to the contrary notwithstanding."
Order for exempting The States Ambassadors from paying Excise.
"Ordered, by the Lords and Commons assembled
in Parliament, That The States Ambassadors (being
Ambassadors Extraordinary) be exempt from the
Payment of any Excise, or Custom, upon the Consumption of any Flesh, Wine, Beer, or other Necessaries; and that as well for what is imported already
or bought, as shall for the future be imported or
bought here; for which the Steward to the said Ambassadors shall give a Note under his Hand."
Order for reimbusing the Commissioners of Excise 6000 l. advanced for the Navy.
"Whereas the Commissioners of Excise were to satisfy and reimburse themselves Six Thousand Pounds,
by them advanced for the Use of the Navy, with
Interest, out of the Intervals in Course upon the
Excise of Flesh and Salt, as by an Ordinance of the
Twenty-ninth of October, 1644, appeareth, which
Monies (nor any Part thereof) is yet reimbursed:
The Lords and Commons in Parliament assembled
do hereby Ordain and Declare, That the said Commissioners of Excise, out of the Profits and Benefit
arising from the said Ordinance of Continuation of
the Excise of Flesh and Salt, of the 6th of December,
1644, shall receive so much Monies as shall reimburse themselves the said Six Thousand Pounds with
Interest, as by the said recited Ordinance of the 29th
of October, 1644, was intended."
Damages to be made good to Alice Mansfield.
"Ordered, by the Lords and Commons assembled
in Parliament, That the Committee at Habberdashers
Hall do forth with satisfy and pay, unto Alice Mansfeild,
of Shawe, near Newberry, the Losses and Damages she
sustained by the Parliament, according to an Information given to both Houses."
House adjourned till 9a cras.