Friday, the 20th 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.
A Proviso was tendered to this Act, in these Words;
"Provided always, and be it Enacted, That this Act shall
not extend to pardon or discharge any Information depending, or that shall be exhibited at, or before, the First of
June 1652; and upon which Information any Judgment
or Judgments shall be given at, or before, the last Day of
February 1652, by the Commissioners for Compounding
with Delinquents, for or concerning Omissions or Undervalues of or to any Composition made for any Delinquency against the Parliament; so as the said Omission
or Undervalue did then exceed the Fourth Part of that
particular Estate, so undervalued or omitted; and so as, if
such Information prove untrue, that the said Informer
do pay to the Party grieved Twenty Pounds, besides his
just Costs, to be awarded unto him by the Commissioners
for Compounding; and to be secured before proceeding
had upon any Information, as aforesaid, in such Manner
as the Commissioners for Compounding shall appoint:"
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, or any thing therein contained, extend not to pardon the Delinquency of Charles
Viscount Mansfield, Eldest Son to Wm. Earl of Newcastle; but that the said Charles Viscount Mansfield be
barred and excluded from taking or receiving any Benefit
or Advantage by this Act:" Which was this Day read
the First and Second time.
Resolved, That this Proviso be amended, and these
Words, viz. "Charles Cavendish, commonly called," be
added in the first and latter Part of the Proviso.
The Question being put, That the latter Part of this
Proviso, viz. "But that the said Charles Cavendish,
commonly called Charles Viscount Mansfield, be barred
and excluded from taking and receiving any Benefit or
Advantage of this Act," be Part of the Proviso;
It passed with the Negative.
Resolved, That this Proviso, so amended, be Part of
the Bill.
A Proviso was tendered to this Act, in these Words;
"Provided always, That whereas many of the good
People of England, out of their Affection to the Parliament, and the Cause in which it was engaged, did freely
engage with and for the Parliament, in the late War, and
therefore had their Estates taken from them, and they
thereby much ruined and damnified: And forasmuch as
the Parliament have declared, That such good People of
England, that should be damnified by the Loss of their
Estate or Goods for their adhering and acting for the
Parliament, should have their Losses made good out of
the Estates of such Persons as were Promoters, and
engaged in the said War: The Parliament therefore do
declare, That all such Persons who have had their Estates
seized and taken away from them, for their good Affection and Adhering to the Parliament, shall be satisfied all
his and their Losses and Damages, that he or they shall
make appear upon Oath before the Commissioners for
Compounding, which they, or any Three of them, are
hereby enabled to administer, out of the Estates and
Compositions of such Delinquents, as such Person or
Persons shall discover and prosecute to actual Sequestration, before the 25th Day of July 1652: And that
the said Commissioners do satisfy and pay unto such
Discoverer or Discoverers, out of the Estate and Composition of such Delinquents, their Damages and Losses,
proved as aforesaid; and the Remainder of such Delinquents Estates and Composition to be disposed of to the
Use of the Publick. Provided, That this Clause shall
not extend to the Sequestration or Troubling of any such
Person or Persons, who have, since their Delinquency,
manifested their Faithfulness and good Affection to the
Parliament, by their free and constant acting and engaging for the Parliament. Provided, That if any Person
or Persons shall be prosecuted maliciously for a Delinquent, and shall be thereof acquitted, That the said Commissioners shall, and may, if they shall see Cause, award
such Costs or Damages to the Party prosecuted, against
the Informer and Witnesses, as they shall think reasonable; for which said Costs or Damages the Person or
Persons to whom they shall be given, shall and may
prosecute his and their Action, Suit, or Plaint in Debt,
in any Court of Record within this Commonwealth:"
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, nor any thing therein
contained, doth or shall extend to pardon, acquit, release,
or discharge any Lands, Tenements, or Hereditaments,
liable to Sequestration for Delinquency against the Parliament, and which have not been compounded for; which
Lands, Tenements, or Hereditaments, by reason of
some Lease for Life, Lives, or Years, or other particular
Estate in being, not liable to Sequestration, could not
be actually seized or sequestred:" Which was this Day
read the First and Second time.
The Question being put, That these Words, viz. "the
Owner whereof hath been adjudged to be a Delinquent
before the First Day of December 1651," be added in
this Proviso;
It passed with the Negative.
And the Question being put, For this Proviso to be
Part of the Bill;
It passed with the Negative.
Act of Oblivion.
A Proviso was tendered to this Act; "And be it further Enacted, That all such Persons as have any Sums of
Money due to them, by virtue of an Act or Ordinance
of Parliament, upon the Security of any former Assessments, Fee-farm Rents, or Arrears of the Court of
Wards, shall have One Fourth Part of their several Debts
paid them out of the first Money that shall come into the
publick Purse, by the Sale or Compositions of any Delinquents Estates; and the other Three Parts allowed them
in Irish Lands, after the same Rate that is allowed the
Adventurers in an Act, bearing Date * * * *: And
that all other Persons who have any Pensions allowed by
Authority of Parliament, for the Relief of their Necessities, out of any Arrears that are remitted by this Act, shall
have the same continued to them out of the Remainder
of the publick Revenue:" 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, and be it Enacted, by the Authority
aforesaid, That this Act, nor any thing therein contained,
shall extend to pardon or discharge any Bond or Bonds
entered into . . . the late King Charles, in the late Court of
Wards and Liveries, by any Committee or Committees,
Trustee or Trustees, by any other Person or Persons,
for the Performance of any Covenant or Covenants, upon
which Bond or Bonds any Person who hath been Ward
to the said late King Charles, might or may be relieved,
in Case of Injury or Wrong by the Ward, in any Kind
sustained, or not otherwise:" 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 thing therein
contained, shall not extend to discharge any Person or
Persons of the Island of Jersey of their Delinquency, who
have continued in Rebellion, and have not submitted
themselves unto the Government of the Commonwealth
of England, at or before the Thirtieth Day of January
1648: 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, and be it Enacted, by the Authority
aforesaid, That the several Bonds entered into by Ferdinando, late Lord Fairfax, and others, in the late Court
of Wards, for the Fine of the Marriage of Wm. late
Lord Viscount Fairefax of Emula, deceased, be hereby
absolutely pardoned, and the Obligators therein, their
Executors and Administrators, and their Estates, freed and
discharged of and from the same, in regard the said Ward
died an Infant, and the said Ferdinando Lord Fairfax, nor
any of the Obligators, received any Benefit of the Grant of
the said Wardship; and that the said Bonds be delivered
up to be cancelled, by those in whose Custody they are,
for which this shall be their Warrant; any thing in this
Act contained to the contrary thereof in any-wise notwithstanding:" 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, and be it Enacted, That no Collector, Sub-Collector, or Treasurer, appointed by virtue of
one Act of Parliament for the raising of 400,000l. intituled, An Act for the raising and levying of Monies for
the necessary Defence and great Affairs of the Kingdoms
of England and Ireland, and for the Payment of Debts
undertaken by the Parliament; or by virtue of one other
Act of Parliament for raising of Four intire Subsidies, intituled, An Act for the Relief of his Majesty's Army, and
the Northern Parts of the Kingdom; or, by virtue of
another Act for the raising of Two intire Subsidies, intituled, An Act for the further Relief of his Majesty's
Army, and the Northern Parts of the Kingdom; or, by
virtue of one other Act of Parliament, commonly called,
The Bill for the Poll-Money, intituled, An Act for the
speedy Provision of Monies for disbanding the Armies,
and settling the Peace of the Two Kingdoms of England
and Scotland; shall be charged with any more Monies than
such as came to his Hands: And upon Oath made by him
before any one of the Barons of the publick Exchequer,
or of the Judges of Assize, that he hath truly accompted
for, and paid into any Treasury of the Parliament, whatsoever Monies came to his Hands, he shall be discharged
thereof, and all Process against him, or his Sureties, shall
be discharged, and no further Process shall issue for the
same: And, upon the like Oath, shall be allowed and
discharged, upon his Accompt, all such Monies as have
been paid by him unto any Committee or Commissioners
of Parliament, or any Officer employed by the Parliament, or have been by Force taken from him, or by
Compulsion paid into the King's Party:" Which was
this Day read the First time.
Resolved, That this Proviso be read the Second time.
And the said Proviso was now read the Second time,
accordingly; and, upon the Question, ordered to be Part
of the Bill.
A Proviso was tendered to this Act, in these . . .;
"Provided, That this Act, or any thing therein contained, shall not extend to pardon the concealed Delinquents, and Undervalues of Delinquents Estates, in the
County of Cumberland, since the first of November last;
the same being granted for Relief of such of the distressed
well-affected Persons of the said County, who have been
faithful to the Parliament; and for the speedy erecting a
Manufacture of Wool in those Parts, that they may have
Employment, by Order of Parliament of the 18th of February 1650:" 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, and be it Enacted, That the Order of
Parliament of the Date of the 31th of July 1650, That
the Lands purchased by Major George Gill of the Lands
of the late Deans and Chapters, be resumed to the Use
of the Commonwealth, in respect to the Cozenage done
by the said Major Gill to the State in that Purchase, according to the Act of Parliament; and also, that the Business of the said Major Gill, now Colonel Gill, by Order
of Parliament of the 8th of November 1650, referred to
the Committee of the Army, with the Northern Committee joined, to examine the said Business, and to state it
to the House: And also, that the Book of the said Colonel
Gill's, intituled, "Innocency further Cleared; or, The
Case and Vindication of Colonel George Gill," by Order
of Parliament of the 30th of September 1651, referred to
the said Committees to consider thereof, and to report
their Opinions to the Parliament; both which Reports are
ready to be reported; be and are hereby excepted from
Pardon; notwithstanding any thing in this Act to the
contrary:" 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 all Accomptants for Sequestrations,
who have, or shall give in their Accompts upon Oath,
according to Act or Ordinance of this present Parliament,
and have, or shall pay in to the Treasurers thereunto
appointed, what, on the Foot of such Accompt, is due to
the Commonwealth, and have not been, or shall not be,
convict or detected of any Fraud or Deceit, in the said
Accompts, within Two Years after such Accompts so
given in, as aforesaid, be, by this present Act, as to the
said Accompts, pardoned and discharged:" Which was
this Day read the First and Second time.
And the Question being put, That this Proviso be Part
of the Bill;
It passed with the Negative.
A Proviso was tendered to this Act, in these Words;
"Provided always, and be it Enacted, by the Authority
aforesaid, That all Purchasers be acquitted, and are hereby
pardoned, and shall have the full Benefit of this Act, as
for and concerning all Lands and Estates of any Delinquents by them purchased; any Clause, Restriction, or
Proviso, in this Act contained notwithstanding:" 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 also, That the Sentence given, the Second
of January 1645, by the Lords and Commons for Sequestrations, to sequester the Estate of Anthony Wither;
which was by them again suspended the 8th of the same
January; and the 20th a Report drawn up, but never
made, by the new Lord Chief Baron Wyld, in his Case, with
Order to be reported with Favour and great Respect towards him; the like Suspension being also granted by the
Committee of Goldsmiths Hall; and the like again granted
by the present Commissioners for Compounding; and their
Report, to the like Effect; may therefore now be referred
to the said Commissioners for Compounding, to be reheard upon the whole Matter; with Power to clear and
restore him to his former Capacity of doing the State the
like wonted Services; or otherwise to proceed against him,
as, by the Ordinances of Parliament, they are directed
and required:" 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 Bill, in these Words;
"Provided always, and be it Enacted, by the Authority
aforesaid, That this Act, nor any thing therein contained,
shall extend to pardon or discharge any Bond or Bonds,
entered into to the late King Charles, by Sir Henry Appleton, of South Bemfleet in the County of Essex, Knight and
Baronet; Sir Henry Mildmay, of Moulsham in the said
County, Knight; Francis Goldsmith, of Clerkenwell in the
County of Middlesex, Esquire; Wm. Ripplingham, of
Great Harborough in the County of Warwick, Esquire;
and John Appleton, of Hitcham in the County of Stafford,
Gentleman; or any one or more of them; concerning
the Marriage, Custody, or Wardship, of the Body, Lands,
or Estate, of John Paschall of Great Baddow in the said
County of Essex, Esquire, or, &c.:" Which was read the
First time.
And the Question being put, That this Proviso be read
the Second time;
It passed in the Negative.
A Proviso was tendered to the Bill, in these Words;
"Provided also, That this Act, or any thing therein
contained, shall not extend to the pardoning or freeing
of any Accomptant, as Purveyor, Compounder, or Undertaker, for serving-in of any Provisions or Compositions for the House or Stables of the late King, or of any
Officer, who were answerable for the same, from making
Payment and Satisfaction of so much thereof as doth remain in their Hands unaccounted for, for the Sixteenth,
Seventeenth, Eighteenth, and Nineteenth Years of the
late King; but that they, and every of them, shall give
an Account for the same, as Part of the concealed Personal Estate of the late King, to the Trustees for Sale of
his Goods; and that so much thereof, &c.:" Was read
the First time.
And the Question being put, That this Proviso be read
the Second ...;
The House was divided.
The Yeas went forth.
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Sir Arthure Hesilrig, |
Tellers for the Yeas: |
29. |
| Sir James Harrington, |
With the Yeas: |
|
Sir Henry Mildmay, |
Tellers for the Noes: |
34. |
| Mr. Strickland, |
With the Noes: |
So it passed with the Negative.
Another Proviso was tendered, touching any Discovery
to be made by the Lord Loftus: Which was read the
First time.
And the Question being put, That this Proviso be
read the Second time;
It passed in the Negative.
Act of Oblivion.
A Proviso was tendered to this Bill, in these Words;
"Provided always, and be it Enacted, That where any
Rent, Debt, or Sum of Money, sequestrable by any Act
or Ordinance of Parliament, stands sequestered, by Force
or Colour of any such Act or Ordinances upon the First
Day of March, in the Year of our Lord God 1651, and
no Appeal, or other Prosecution, had or commenced
within Four Years from such Sequestration had, upon
which the Sequestration hath been avoided; that then
the Person and Persons to whom such Rent, Debt, or
Sum of Money, was due and payable, their and every of
their Executors and Administrators respectively, shall be
and are hereby barred for ever to sue or prosecute for
the said Rent, Debt, or Sum of Money, and every Part
thereof; as also barred to sue or prosecute upon any Bond,
Covenant, or other Security, had or given for the Payment thereof, or any Part thereof:" Which was read the
First time.
Resolved, That this Proviso be read the Second time.
And the Question being put, That this Proviso be Part
of the Bill;
The House was divided.
The Yeas went forth.
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Colonel Purefoy, |
Tellers for the Yeas: |
42. |
| Mr. Scott, |
With the Yeas, |
|
Colonel Rich, |
Tellers for the Noes: |
11. |
| Mr. Ralegh, |
With the Noes, |
Resolved, That this Proviso be Part of the Bill.
A Proviso was tendered to this Bill, "That this Act
shall not extend to disannul or make void that Clause of
the Act, made May 7, 1649, for granting the Remainder
of the Sequestrations and Compositions, in that Act
mentioned, for the Benefit of the Well-affected of the
Town of Colchester; so as the Delinquents be discovered
before the First of August 1652:" 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, "That this Act shall not extend to privilege any Person from being questioned for
traiterous Breach of any Parliament Trust: But that all
such Offenders shall be liable to Justice; so as Prosecution
be for such Offences within Six Months next after the
Passage of this Act:" 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 the Bill, in these Words:
"Provided also, That if any Persons who are indebted to
Delinquents excepted from Composition, and to Papists
Delinquents, and shall not come in within Six Months
next ensuing, and pay the same within Two Months after
into the Treasury at Goldsmiths Hall, shall pay Treble the
Value, wheresoever the same shall be discovered, &c.:"
Which was once read.
And the Question being put, That this Proviso be
read a Second time;
It passed with the Negative.
Another Proviso was tendered to this Act, "That all
such Persons who have been heretofore actually sequestered, and have not been legally discharged thereupon, or
that have enjoyed their Estates under Pretence of such
Suspensions, be excluded from the Benefit to others intended in this Act; but that they have Time till the First
of March 1652, to prosecute their said Appeals before the
present Commissioners for Compounding: If they will
come in and submit to a Composition, that they may compound at Three Years Value, and have Three Months Time
to perfect the same:" Which was read the First time.
And the Question being put, That this Proviso be
read the Second time;
It passed with the Negative.
Resolved, That the Bill of General Pardon and Oblivion be taken up on Tuesday Morning next, the First
Business; nothing to intervene.
Fowke's Claims.
Ordered, That the Report and Petition concerning
Alderman Fowke be reported, and taken into Consideration, on this Day Sevennight, the First Business.
Worcester.
Ordered, That the Business concerning Worcester be
taken into Consideration on this Day Sevennight, next
after the Business concerning Alderman Fouke.
Scotch Affairs.
A Letter from the Commissioners of the Parliament
in Scotland, from Scotland, was this Day read, with several Papers from the Commissioners.
Ordered, That the said Letters and Papers be referred
to the Council of State, to take them into Consideration,
and to present their Opinion to the Parliament concerning
such of the Matters therein contained, as they shall think
necessary: And also speedily to report to the House the
Names of fit Persons to be sent into Scotland, to execute
judicial Places there.
The House according to former Order, adjourned
itself to Tuesday Morning next, Eight of Clock.