House of Commons Journal Volume 7
20 February 1652

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History of Parliament Trust

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1802

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93, 94, 95

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'House of Commons Journal Volume 7: 20 February 1652', Journal of the House of Commons: volume 7: 1651-1660 (1802), pp. 93-95. URL: http://british-history.ac.uk/report.aspx?compid=23954 Date accessed: 01 August 2014.


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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.

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.

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.