House of Commons Journal Volume 7
18 February 1652

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1802

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'House of Commons Journal Volume 7: 18 February 1652', Journal of the House of Commons: volume 7: 1651-1660 (1802), pp. 91-92. URL: http://british-history.ac.uk/report.aspx?compid=23952 Date accessed: 02 September 2014.


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Wednesday, the 18th of February, 1651.

Prayers.

Act of Oblivion.

THE House, according to former Order, did this Day resume the Debate upon the Act of General Pardon and Oblivion: And the Proviso last in Debate being laid aside,

A Proviso was tendered to this Act, in these Words; "Provided, that this Act, or any Thing therein contained, do not extend to pardon any Wastes or Spoils committed or done since the 31st of December 1631, in any of the Forests, Chases, or Lands, belonging to the late King, Queen, or Prince; or in any other Lands, that have been disposed of by Parliament since 1641; or are now belonging to the Commonwealth of England: 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 also, that this Act, or any thing therein contained, shall not extend to the pardoning of any Misdemeanors or Offence, which shall or may be made appear in the undue obtaining of any Deed or Writing, or the Acknowlegement of any Fine or Fines, from Dame Mary Powell, late Wife of Sir Edward Powell, in the Month of September 1651; nor to the pardoning of any legal Proceeding commenced and depending for any Riot, or unlawful Assembly, committed, in order to the gaining and obtaining of such Deeds, Writings, or Acknowlegement:" Which was this Day read the First time.

Resolved, That this Proviso be read the Second time.

The said Proviso was now read the Second time, accordingly.

Resolved, That this Proviso be Part of the Bill.

A Proviso was tendered to this Act, in these Words; "Provided always, and be it hereby Enacted, that all Rents, and Arrearages of Rents, reserved upon any Lease or Grant heretofore made, and payable into the Receipt of the late Court of Wards and Liveries; and all Obligations and Securities entered into the said late Court for Payment of Monies, other than for mean Rates, and all Sums of Money due, and to grow due, upon or by reason of any such Obligation or Security as aforesaid, by the Persons mentioned in a Schedule hereunto annexed, since 27th of March 1625, shall be, and hereby are, excepted from Pardon by this Act; any thing therein contained to the contrary notwithstanding:" To which was added, A Particular of several Debts unsatisfied into the Receipt of the late Court of Wards, certified into the Exchequer: 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, that this Act, nor any thing therein contained, shall extend to the Pardon of Robert Henley Esquire, who hath deceived the Parliament of above Twenty thousand Pounds, in compounding for his Delinquency:" 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.

Act of Oblivion.

A Proviso was tendered to this Act, in these Words; "Provided always, and be it enacted, That all Purchasers that have faithfully adhered to the Parliament, shall have Pardon, and the full Benefit of this Act, touching all Lands and Estates of any Delinquents by them purchased; any Clause, Restriction, or Proviso, in this Act contained, notwithstanding: And that no Pretence of any Undervaluation, nor Construction of any Clause, Proviso, or Restriction, shall be made to the Prejudice of any such Purchasers:" 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, that nothing in this Act shall extend to the remitting of any Concealments or Undervalues in Compositions, that were prosecuted with the Commissioners for Compounding before the 24th of January 1651:" Which was 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, that this Act, or anything therein contained, shall not extend to the pardoning any Person or Persons for Bribery, or betraying his or their Trust to the Enemy; as also, that it extend not to the pardoning any Person or Persons for holding Intelligence or Correspondency with the Enemy, unless authorized thereunto, and for the Service of the Parliament, since the First Day of September 1641; so as due Proof be made thereof, within the Space of One Year after the End of this present Parliament:" Which was read the First time:

And the Question being put, that the same be read the Second time;

It passed with the Negative.

A Proviso was tendered to this Act, in these Words; "Provided also, and be it Enacted, that this Act shall not extend to pardon or discharge any Sum or Sums of Money, due to the late King or Commonwealth, from the Estate of Sir Wm. Savile Baronet, deceased, Mr. Robert Rockley and Sir George Wentworth Knight, their Heirs or Executors; or to pardon or discharge any Sum or Sums of Money due from the Estate of Thomas Wentworth, late Earl of Stafford, deceased, to the late King or Commonwealth; or to Gilford Slingsby, a Delinquent, deceased; or to pardon or discharge any Sum or Sums of Money, due to the late King or Commonwealth from the Estate of the said Gilford Slingsby:" Which was read the First Time:

And the Question being put, That this Proviso be read the Second time;

The House was divided.
The Yeas went forth:

Sir John Bourchier, Tellers for the Yeas: 36.
Sir Henry Mildmay, With the Yeas,
Colonel Marten, Tellers for the Noes: 37.
Colonel Wauton, With the Noes,

So it passed with the Negative.

A Proviso was tendered to this Act, in these Words; "Provided that nothing in this Act shall extend to the pardoning or acquitting of any of the Counties, Cities, or Places of this Commonwealth, from the Payment and satisfying of any Order or Warrant charged by the Committee for the Army, and directed to be paid out of any the Assessments appointed for the Use of the Army: But that the said Warrants and Orders, and every of them, shall be fully satisfied and paid out of the said Assessments, due from the Counties, Cities, or Places, out of which they are, by the said Committee, directed and assigned to be paid: And all and every the Sums assessed, or to be assessed, and collected, as Part of the said Assessments, shall be fully assessed, collected, and paid, for the Satisfaction of the said Warrants and Orders; any thing in this Act contained to the contrary in any wise notwithstanding:" Which was read the First time: And

Resolved, That these Words be inserted into the Proviso, next after the Word "Army," in the Close of the First Clause, and before the Word "But;" viz. "since the First Day of April, One thousand Six hundred Fortyand-five."

And the Question being put, That the Words in the Proviso, after that Amendment from the Word "But," do stand in the Bill:

The House was divided.
The Yeas went forth.

Colonel Ingoldsby, Tellers for the Yeas: 32.
Colonel Downes, With the Yeas,
Sir Henry Vane, Tellers for the Noes: 27.
Major Lister, With the Noes,

So it passed with the Affirmative.

And the Proviso, so amended, being put to the Question, passed; and was ordered to be Part of the Bill.

House not to sit.

The Question being propounded, That the House do sit this Afternoon:

And the Question being put, That That Question be now put;

The House was divided.
The Noes went forth.

Colonel Purefoy, Tellers for the Noes: 35.
Sir Arthur Hesilrig, With the Noes,
Major Lister, Tellers for the Yeas: 28.
Sir John Danvers, With the Yeas,

So it passed with the Negative.

Act of Oblivion.

Resolved, That the Debate upon the Act for General Pardon and Oblivion be taken up, the first Business, Tomorrow Morning; nothing to intervene.

Grant to Lambert.

Resolved, That in an Act of this present Parliament, intituled, An Act for the settling certain Manors and Lands upon Major-General John Lambert, and his Heirs; and upon Isaac Knight, and his Heirs, respectively, next after the Word "Morecroft," these Words, "otherwise Moscroft," be inserted into the said Act.

And the Record of the said Act being brought to the Table, was accordingly amended, by the inserting of those Words.