DIE Lunæ, 10 die Februarii.
PRAYERS, by Mr. Taylor.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Answer from the H. C.
Sir Edw. Leech and Dr. Heath returned with this
That they have delivered their Message to the House
of Commons, concerning the Ordinance for Tonnage and
Poundage; and they will send an Answer by Messengers
of their own.
Ordinance to amend the One concerning Newport Pagnell.
The Lord Admiral reported, "That the Committee
have considered of the Ordinance concerning Newport
Pannell; and they think it fit to pass as it (fn. *) is, without any Alterations."
And the said Ordinance being read the Third Time,
it was Agreed to.
Message from the H. C. with an Ordinance;
A Message was brought from the House of Commons,
by Mr. Recorder of London;
To desire their Lordships Concurrence in these Particulars:
1. An Ordinance concerning the approving of the
over-ruling the Plea and Demurrer of the Lord Maguire.
(Here enter it.)
Read, and approved of.
with a Letter to the Parliament of Scotland;
2d, A Letter to be sent to the Parliament of Scotland,
or, in their Absence, to the Committee of Estates of Parliament, concerning the advancing of the Scotts Army
Southwards. (Here enter it.)
and for a Conference about the Ordinance for Sir T.Fairfax to command the Army.
3d, To desire their Lordships would give a Conference,
by a Committee of both Houses, when their Lordships
shall think it convenient, concerning the Ordinance for
a new Model of the Army.
Ordered, To give a Conference To-morrow Morning, at Ten a Clock.
The Answer returned was:
That this House agrees to the Order (fn. *) concerning Mr.
Justice Bacon, and to the Letter to be sent to the Parliament
of Scotland; and that this House will give them a Conference To-morrow Morning, at Ten a Clock, concerning
the Ordinance touching the new Model of the Army.
Wheeler and Bails.
Upon reading the Certificate of Mr. Justice Reeves and
Mr. Justice Bacon, concerning the Business referred to
them from this House, between Abraham Wheeler and Joseph Balls: (Here enter the Report.) It is Ordered,
That the Money deposited in the Court of Requests shall
be paid into the Chancery, there to remain until the
Business between (fn. *) them be determined there.
De La Salle and Mathewes versus Pickering, Tokeley, & al.
Upon reading the Petition of Peter De La Salle and
Peter Mathewes, French Merchants, on Behalf of themselves and the most Excellent Prince Bernard Duke
D'Espernoone in the Kingdom of France, against James
Pickering, Robert Tokeley, and Thomas Smith, and others:
It is Ordered, That the Defendants shall have a Copy
of this Petition, and return an Answer to this House by
Wednesday Morning next; and then this House will give
further Directions therein.
Le Coeur versus Fairfax and Legay.
Upon reading the Petition of William Coeur, French
Merchant, against Danyell Fairevax and Isaack Legay:
It is Ordered, That the said Petition is referred to the
Consideration of the Committee that is appointed to
consider of the Papers of the French Agent.
Michell and Osbaston.
Upon hearing the Cause (fn. *) by Counsel on both Sides,
between Mr. Osbaston and Thomas Michell: It is Ordered, That this House confirms the Order of this
House, dated the 17th of July: And because it appeared
that Jeremy Stevens hath received of Michell Seventyfive Pounds, being Three Quarters of a Year's Rent;
it is Ordered, That Stevens be served with the said
Order, to pay the said Seventy-five Pounds to Mr. Osbaston;
and that Mr. Stevens shall pay to Mr. Osbaston the
Twenty-five Pounds remaining in his Hands; and if the
said Stevens shall refuse the Payment of the said Seventyfive Pounds, then he is to shew Cause to this House.
Petition against the Use of Foreign Ships.
Upon reading the Petition of divers Masters and
Well-wishers to the Increase of the Navigation of this
Kingdom: (Here enter it.) It is Ordered, To send
down and communicate this Petition to the House of
Commons, by the next Message as is sent.
Upon reading the Petition of Nic. Tew, Stationer,
being committed by this House upon a Contempt: It is
Ordered, That the Justices to whom the Examination
of this Business is referred shall give this House an Account thereof on Saturday Morning next; and in the
mean (fn. †) Time the said Tew to be bailed.
Order for Ld. Macguire's Trial in the King's Bench to proceed.
"It is this Day Ordered, by the Lords and Commons, That this House doth approve of the Judgement given by Mr. Justice Bacon, in over-ruling the
Plea of the Lord Macguire; and of the Manner of the
Trial upon the Indictment of High Treason in the
King's Bench: And the Judge is hereby required to
proceed speedily thereupon, according to Law and
Letter to the Parliament of Scotland, for their Forces to march Southward.
"We cannot too often express our Sense of the
great Assistance we have received from you, both by
your Forces and the Counsels of those noble Lords
and Gentlemen you sent to reside with us; and as
we must ascribe the Glory to God the Author, so
shall we return our hearty Thanks to you the Instruments, of so great a Blessing. We are now to desire
you, that the Scottish Army in the Northern Parts of
this Kingdom may with all convenient Speed advance Southwards, where, we conceive, they will be
most useful for the Public. We shall not fail to use
our Endeavours to provide for their Accommodation.
We have proceeded therein in some good Measure,
the Particulars whereof we refer to the Relation of
your Commissioners here, who, we doubt not, will
give you an Account thereof.
"We have no more to say for the present, but to
beseech the God of Heaven, who hath so happily
united both Nations, to (fn. †) put such a Conclusion to our
sad Distractions, as may tend to the Advancement of
His Glory, and the Peace and Tranquillity of both
Petition of Merchants, Masters of Ships, &c. against the employing Foreign Ships.
"To the Right Honourable the Lords and Commons assembled in Parliament.
"The humble Petition of divers Masters and
others, Well-wishers to the Increase of Navigation of this Kingdom;
"That whereas not only the Strength of this Kingdom for Defence against Enemies, but also the Welfare thereof in Trade and Commerce both by Exportation and Importation, doth mainly consist in the
Shipping and Navy; and to that End, that the same
might not decay, but be maintained and increased, it
hath (by the Wisdom of Parliament) both in ancient
and latter Times been provided for, by many good
Laws and Statutes, That no Persons (being naturalborn Subjects) should carry from any Port or Creek
of this Realm to any other, or export or import any
Wares or Merchandize out of or thereinto, save
only in English Bottoms, or such Ships or Vessels
whereof some of the Native Subjects of this Kingdom are Owners; yet, notwithstanding, divers worldlyminded Persons (neither regarding the Penalty of
those Statutes, nor the Good or Welfare of their
Country, but wholly (fn. *) intending their own private
Lucre) have of late taken Advantage (by some Toleration given in the Statutes, as they pretend) to employ
Strangers Bottoms; and although it is well known,
that seldom or never any English Ships go for Norway, Swcadland, or Rygay, to seek Freight, and if
they should want Shipping in those Parts at any Time,
they may give Notice into England out of The East
in a Month, and from Norway in Fourteen Days, and
be supplied, yet most wilfully neglect to ship their
Merchandize in English Vessels, but employ Housemoores and Danes, and drive their Trade in Foreign
Vessels; by which Means they have corruptly made
some Gain to themselves, having brought in not so
few as One Hundred Ships Lading of Goods annually
in Strangers Bottoms (the Shipping of the Kingdom
being much laid aside), to the great Discouragement
of the Owners, Shipwrights, and Mariners, weakening of the Kingdom (rendering it less able for Defence), diminishing of the Customs, by affording Opportunity for the colouring of Strangers Goods, disheartening both the building of Ships and breeding
of native Mariners, and will (unless speedily prevented) endanger not only the Wealth but Safety of
the Natives of this Kingdom.
"The Petitioners, conceiving the Premises to be
of very great Weight and Concernment to
the Public, do humbly beseech these Honourable Assemblies, in your unwearied Care
for the Good of the Kingdom, to take the
same into Consideration; and to direct such
Course, by Ordinance, or otherwise, for the
remedying thereof, as to the Wisdom of Parliament shall seem meet.
"And your Petitioners (as in Duty bound) shall
daily pray, &c.
Robert Hudson Jun.
Judges Certificate, concerning Ball and Wheeler.
"To the Right Honourable the Lords assembled
"May it please your Lordships,
"According to an Order of the 15th of January
Instant, we have heard the Parties, and their Counsel
Learned, on both Sides, and have considered of the
Matters thereby referred to us, upon the several Petitions of Abraham Wheeler and Joseph Balls; and do think
fit that the One Hundred Forty-nine Pounds, Seventeen Shillings, Four Pence, alledged to be brought
into the Court of Requests by Abraham Wheeler
Plaintiff, be forthwith, by the Officers of that Court
who ought to pay the same, brought into the Chancery, and delivered to the Usher there, to be disposed of as that Court shall think fit; and, for the
speedy settling of the Difference between the Parties,
the said Joseph Balls having a Bill depending in
Chancery precedent to the Decree in the Court of
Requests, wherein some Witnesses are since examined
on the Part of Balls, we do likewise think fit that
the Petitioner Abraham Wheeler may, if he shall be
so advised, prefer a Bill also in Chancery against
Joseph Balls, either to have the Proceedings in the
Court of Requests confirmed and put in Execution,
or to be relieved upon the Equity of his Cause, as
his Counsel shall advise, unto which Bill the said
Joseph Balls is forthwith to appear and answer
gratis; and so both Causes there to proceed with
Expedition, according to the Course of that Court,
and to be heard together; and the Depositions, Decree, and Proceedings, in the Court of Requests, to
be made Use of on both Sides, at the Hearing of
the said Cause in Chancery, according to the Justice
of that Court.
3 Feb. 1644.