Wednesday, the 11th of February, 1651.
Prayers.
Leighton's Estate.
MR. Pury reports from the Committee for removing
of Obstructions, the State of the Case of Harecourt Leighton Esquire.
IN the Case of Harecourt Leighton Esquire, I find,
That the Petitioner, in Consideration of a Thousand
Pounds, by Bargain and Sale, inrolled the 10th of September 18° Caroli 1642, did bargain and sell to Thomas Moulson Esquire, his Heirs and Assigns for ever, the Manors of
Plaish, and Holtpreene, with their Appurtenances; and the
Rectory of Cardington, and the Advowson of the Vicarage
of Cardington; all lying in the County of Salop; and all
his Lands and Tenements in the Parishes of Cardington
and Luscott, in the said County of Salop: And did likewise become bounden, by one Statute, bearing the same
Date, acknowleged before Sir John Bramston Knight,
then Lord Chief Justice of the King's Bench, unto the
said Thomas Moulson, in the Sum of Two thousand
Pounds; as appeared to me, upon Search and View of
the said Statute in the Petti-bag Office.
And by one other Deed indented of Defeasance between the said Thomas Moulson and the said Harecourt
Leighton, bearing the same Date, reciting the said Deed
of Bargain and Sale, of the Statute aforesaid; It was declared and agreed, that if the said Harecourt Leighton,
his Heirs, Executors, Administrators, or Assigns, should
pay to the said Thomas Moulson, his Executors, Administrators, and Assigns, the several Sums of Thirty-five
Pounds, at the End of Three several Six Months after that
Time; and 1,035£. on the 12th Day of September, in the
Year 1644; that then the said Indenture of Bargain and
Sale, and the said Statute should be void.
And I find, That the said Thomas Moulson made his
last Will and Testament the 6th Day of September 1648,
and thereby made his Brother-in-law, John Stephens
Esquire, Executor of his said last Will and Testament; as
by the said last Will, under Seal of the Prerogative Court,
and proved by the said John Stephens, doth appear.
And I find, That the said Statute is extended by a
Writ of Liberate, sued out thereupon by the said John
Stephens.
All which is humbly submitted to Judgment.
Resolved, That this Case be reported to the Parliament.
Ordered, That the Judges of the Court of CommonPleas be, and are hereby, impowered and authorized, to
take a Common Recovery of Thomas Stephens, an Infant
within Age, eldest Son of John Stephens Esquire, of the
Manors of Playshe, and Holtpreene, with their Appurtenances, and the Rectory of Cardington, and the Advowson
of the Vicarage of Cardington, situate, and being in the
County of Salop; and of all Lands and Tenements in the
Parishes of Cardington and Luscott, in the said County of
Salop, heretofore mortgaged by Harecourt Leighton Esquire, by Bargain and Sale inrolled, bearing Date the
Tenth Day of September 1642, to Thomas Moulson, Esquire, deceased, for reconveying of the said Manors and
Lands to the said Harecourt Leighton, and his Heirs, or
to such Person, or Persons, as he shall appoint, and their
Heirs.
Act of Oblivion.
The House this Day resumed the Debate upon the
Act of General Pardon and Oblivion.
A Proviso was tendered to this Act, in these Words;
viz. " Provided always, and be it Enacted, That no Person whatsoever above the Age of Sixteen Years, have
any Benefit or Advantage by this Act, or any thing therein
contained, but such only, who have taken, or shall take,
the Engagement appointed by Act of this present Parliament, before one or more Justice or Justices of the
Peace, in the respective Counties; who have hereby Power
to administer the same, until the First Day of
One Thousand Six hundred Fifty-and-two:" Which was
this Day read the First and Second time.
The Question being put, That these Words in the
Proviso; viz. " One or more Justice or Justices of the
Peace, in the respective Counties; who have hereby Power
to administer the same, until," do stand in this Proviso;
It passed with the Negative.
Resolved, That the First Day of February 1652, be the
Time in this Proviso limited for Taking the Engagement.
The Question being put, That this Proviso, so amended,
be Part of the Act;
The House was divided:
The Yeas went forth:
|
|
|
|
Lord Grey, |
Tellers for the Yeas: |
35. |
| Col. Wauton, |
With the Yeas, |
|
Sir John Danvers, |
Tellers for the Noes: |
22. |
| Sir Wm. Brereton, |
With the Noes, |
Resolved, That this Proviso, so amended, be Part of
the Act.
A Proviso was tendered to this Act, in these Words;
viz. " Provided always, that this Act, or any thing therein
contained, shall not extend to pardon or remit any Concealment of the Estate, real or personal, Goods, Plate,
or Money, belonging to William Lawd, late Archbishop
of Canterbury; any thing in this Act to the contrary
notwithstanding:" Which was this Day read the First
and Second time; and, upon the Question, agreed unto,
and ordered to be part of the Bill.
A Proviso was tendered to this Bill, in these Words;
" Provided always, that this Act, nor any thing therein
contained, doth or shall extend to pardon, release, acquit,
or discharge any Offence or Offences whatsoever, for
which any Petition or Complaint hath been presented to
the Parliament, since the First of December 1651; which
Petition or Complaint stands referred or committed:"
Which was this Day read the First time.
And the Question being put, That this Proviso be read
the Second time;
It passed with the Negative.
A Proviso was tendered to this Act, in these Words;
" Provided always, that this Act, or any Clause, Sentence,
or Thing therein contained, shall not extend to the pardoning of any Offence whatsoever, which hath been committed in the late Riots and Tumults, in defacing the
Church, depopulating and pulling down the Town and
Mill of Santoft, and other Habitations thereabouts; destroying Corn, Rape-seed, and other Crops, growing upon
the Lands thereunto belonging; killing or wounding of
Persons; pulling up the Sasses; throwing down the
Banks; stopping and filling up the Drains, within the
Level of Hatfield Chace, Isle of Axholme, and Crowle,
in the Counties of York, Lincoln, and Nottingham; and
concerning which, a Petition is now depending in Parliament:" Which was this Day read the First and Second
time; and, upon the Question, agreed unto, and ordered
to be part of the Bill.
A Proviso was tendered to this Act, in these Words;
" Provided also, that all Lands, Tenements and Hereditaments, or other real Estates, formerly belonging unto
the late King, Queen, or Prince, Bishops, Deans, Deans
and Chapters, or any other real Estate, belonging to this
Commonwealth, concealed and detained in the Possession
of any Persons whatsoever; with all Rents, Arrearages of
Rents, and other Dues thereunto belonging, shall be, and
are hereby, excepted from Pardon by this Act; any thing
therein contained to the contrary notwithstanding:"
Which was this Day read the First time.
And the Question being put, That this Proviso be
read the Second time;
It passed in the Negative.
The Question being put, That there be any Alteration
of the Time, viz. the Third of September 1651, in the
Proviso in this Act, touching Actions brought for Things
done in relation to the late Wars;
It passed with the Negative.
Ordered, That this Debate be taken up To-morrow
Morning the first Business; nothing to intervene.