Wednesday, the 17th of August, 1653.
THE House resumed the Debate upon the Bill
touching Marriages, and registering thereof; and
also touching Births and Burials.
Resolved, That, in the Second Line of the Amendment, next after the Words "steal and take away," these
Words be added; viz. "or cause to be stolen or taken
away, on his or her Behalf."
Resolved, That, in the 21th Line of the 4th Folio,
after the Word "aforesaid," these Words be added, "to
be recovered by any Action, Bill, Plaint, or Suit, in any
Court of Record, by the Party wronged, or any other
Person on his or her Behalf."
Resolved, That, in the 5th Line of the 5th Folio, after
the Word "County," these Words be added, "City, or
Resolved, That in the 8th Line of the same Folio,
next after the Word "Place," these Words be added,
"or any Place which doth not lie within any Parish."
Resolved, That, in the 10th Line of the same Folio,
next after the Word "more," these Words be added,
"and such Places to other Parishes."
Resolved, That in the 12th Line of the same Folio,
next after the Word "Parishes," these Words," and
Places," be inserted.
Resolved, That, in the last Line of that Folio, next
after the Word "Act," these Words be added; viz.
"to be kept as Records."
Resolved, That the Day, to be inserted in this Bill, be
"the 29th of September 1653."
Resolved, That these Words be inserted into this Act;
viz. "And be it further Enacted, by this present Parliament, and the Authority thereof, That this present Act
shall be in Force in Ireland."
Resolved, That these Words be added to that Clause;
viz. "from and after the First Day of December 1653."
Resolved, That Colonel West, Major-General Desborough, Mr. Sadler, Colonel Titchborne, or any Two of
them, do peruse this Bill, and the Amendments; and
see the Congruity thereof; and amend any Words to
make the Sense perfect, without altering the Substance.
A Proviso was tendered to the Bill in these Words;
"Provided always, and be it Enacted, That all and
every Offence and Offences, at any time or times hereafter committed or done, upon or beyond the Sea, contrary to the Tenor and true Intent and Meaning of this
Act, shall and may be tried in any City, Town Corporate,
or County, where the Person or Persons, so offending,
shall be apprehended or attached for the Offences aforesaid:" Which was twice read; and these Words, "provided always," were, upon the Question, omitted, and
the Word "further" inserted.
And the Clause, so amended, was, upon the Question,
agreed: And ordered to be Part of the Bill.
And the Bill, with the Amendments, so revised, was
ordered to be ingrossed.
Colonel West reports from the Committee appointed
to receive such Propositions as shall be presented to them
for raising Monies:
IT appears to the Committee, upon Conference with
the Trustees for Sale of the Lands and Estates of Delinquents, That, for speedy bringing in of Monies for the
Use of the Commonwealth, to be necessary, That the
Parliament do, by a further Additional Act, enable the
said Trustees to perfect the Sale of Woods growing upon
such of the said Lands as are within the Regard of Forests, to indemnify the Buyers against the Forest Laws;
And that the Powers reserved to such of the said Delinquents as are Tenants for Life, to make Leases, may be
also sold by the said Trustees.
And that the Reversions or Remainders expectant
upon any Estate Tail, or for Life, upon any Conveyance
made by such Delinquent, not actually vested in Possession of such Tenant in Tail, or for Life, by Death of
such Delinquent, before the 25th of March 1652; which,
by Fine, Recovery, or otherwise, might be docked, revoked, or altered, by any of the said Delinquents solely,
shall be barred, as if the said Delinquents had actually
levied a Fine, or suffered a Recovery, or done any other
Act for barring the same.
And that the Lords of Manors may be compelled, by
Law, to admit such Persons to whom the said Trustees
shall sell any Copyhold Tenements within such Manors,
upon such Fine as hath been usually paid for the same
And it is Ordered, That Colonel West do report the
same to the Parliament; And do bring in an Act, to be
tendered to the Parliament, for the speedy passing the
He likewise reports a Bill, intituled, A further Additional Act for the Sale of several Lands and Estates
forfeited to the Commonwealth for Treason: Which was
this Day read the First and Second time.
A Clause was tendered to this Act, in these Words;
viz. "And be it further Enacted, by the Authority aforesaid, That there be allowed, and there is hereby allowed,
unto the Persons nominated in an Act, intituled, An Act
for Transferring the Powers of the Committee for Obstructions, that is to say, Josias Berners Esquire, Sir Wm.
Roberts Knight, Francis Mussenden Esquire, John Parker
Esquire, Henry Pitt Esquire, and Robert Aldworth Esquire, for and in respect of their several Pains and Care
in discharging the Trust thereby committed to them, the
Sum of by the Year to each of them,
from the First of April 1652, being the Time of the Commencement of their said Employment by the said Act;
the same proportionably to be continued and paid, for such
and so long Time as they, and either of them, shall be
continued in the Employment put upon them by the
said Act. And be it Enacted, by the Authority aforesaid, That it shall and may be lawful to and for the respective Treasurer and Treasurers of the Monies paid in,
and to be paid in, to the Use of the Commonwealth,
upon the Sale of Delinquents Estates, by virtue of this
or other Acts of Parliament, and the said Treasurer and
Treasurers are hereby required to pay the several and
respective Salaries and Sums aforesaid, to the Persons
afore-named, and to either of them, as aforesaid: And
the several and respective Acquittance of the Persons
aforesaid, under their Hands, shall be a sufficient Discharge to the said Treasurer and Treasurers in that Behalf:" Which was now read.
And the Question being put, That this Clause be read
again the Second time;
The House was divided.
The Noes went forth.
||Tellers for the Yeas:
|Sir Gilbert Pickering,
||With the Yeas,
||Tellers for the Noes:
||With the Noes,
So it passed in the Negative.
Resolved, That this Bill be committed to the same
Committee: And that Mr. Sadler be added to this Committee for this Business.
Charge against Lenthall.
Mr. Anlaby reports from the Committee for Prisons
and Prisoners, A Charge against Sir John Lenthall Knight,
Marshal or Keeper of the Upper Bench Prison, brought
in by the Committee of Parliament for Prison and Prisoners: Which was read in these Words:
A Charge against Sir John Lenthall Knight, Marshal
or Keeper of the Upper Bench Prison, brought in by
the Committee of Parliament for Prisons and Prisoners:
1. THAT, by Law, the Marshal ought to keep all
Prisoners committed to him in safe and streight Custody; but, contrary to his Duty therein, he suffers most
of the Prisoners committed to his Custody, to lodge in
Houses, without any enforced Restraint upon them,
whence they may go and come at their Pleasures; and
many of those so committed, as well in Execution as
otherwise, go at Large, before their Debts be satisfied,
or any lawful Discharge; and the Marshal permits them
so to do: And, when the said Marshal is sued for Escapes
of Prisoners, he doth, by undue Means, obstruct the ordinary Proceedings of Justice; so that the Creditors were
much better lose their Debts, than be at Charge and
Trouble of Prosecution against him.
2. That the said Marshal doth exact from his Prisoners
Rent for their Chambers, although they be enforced to
pay Rent for the same Chambers to the Owners of the
Houses where they lie: And this is the Case of all the
Prisoners who lie in Charge within Houses called the
3. That the poor Prisoners committed to the Custody
of the said Marshal, are, by him and his Servants, Thomas Allen a Tipstaff, and John Atkinson a Turnkey,
defrauded of the Charity sent to them; and, out of the
Money which the poor Prisoners beg at the Gate, the
said Atkinson exacts Three Shillings weekly; and, though
the said Marshal know these Exactions of the said
Servants, yet he connives at them for their so doing.
4. That the Marshal demands of Prisoners committed
to his Custody, Three pence for every Pound charged by
Execution, and Three-halfpence in the Pound for every
Pound charged by Action: Which are exacted Fees, and
contrary to Law.
5. That the said Marshal hath unjustly caused feigned
Actions, of great Sums, to be charged upon Prisoners,
to keep them from being discharged.
6. That one George Smyth, a Prisoner, under the Custody of the said Marshal, through the merciless Cruelty of
the said Marshal and his Servants, by beating, starving,
and other cruel Usage, is conceived to be murthered:
And that one Charles Leigh, an Officer belonging to the
said Prison, who had Papers in his Custody touching the
Discovery of the said Smithson's Murther, was prisoned,
and, by strong Presumption, with an Intent to suppress
the said Papers, whereby the said Murther might be concealed: And that one Mr. James Frese was not only cruelly
dealt withal, but also was attempted to be murthered by
Poison, and otherwise, while he was in the said Prison,
by one of Sir John Lenthall's Servants, and others, conceived to be hereby encouraged to do that wicked Act:
And further, that one Mr. Stonehorse, a Prisoner in the
said Prison, was and is conceived to be starved to Death
there: And that also one Captain Wm. Cob, who was a
Prisoner in the Upper Bench Prison, and an active Man
in the Discovery of Sir John Lenthall's Treachery to the
State (hereafter-mentioned) was confidently believed to be
poisoned by the Servants of the said Sir John Lenthall.
7. That the said Marshal hath some lewd Person or
Persons belonging to the said Prison, whom he maketh
use of to swear for him, when he is charged with Crimes
or Escapes; who are ready, for Favour or Reward, to
swear as the said Marshal directs, whether true or false.
8. That the said Sir John Lenthall, in the Time of
War between the late King and the Parliament, held
frequent Intelligence, by his Servants, with the Enemy at
Oxford; conveyed away, and suffered to escape, several
Prisoners, whereof some were Papists and Jesuits, committed to his Custody by the Parliament; in which one
Ralph Whisler, his Servant, was an Agent: And further,
the said Sir John Lenthall hath conveyed away Money
out of the late Lines of Communication, in the Night, to
relieve the Enemy at Oxford; and, when the late King
was in Arms against the Parliament in the North, he,
the said Sir John, sent him Men, Horses, and Arms.
He also reports from the same Committee;
UPON Perusal of a Report lately made to the Council of State, from the Committee by them appointed for
Prisons and Prisoners, and by the Examination of divers
Witnesses before us, we . . . . there hath been several
Escapes of Prisoners committed to the Custody of the
Marshal of the Upper Bench Prison, to the Prejudice of
their Creditors, and Scandal of Justice: For Redress
wherein, it is humbly offered, as the Opinion of this
Committee, That some Persons should be appointed by
Act of Parliament, and impowered to examine, upon
Oath, hear and determine, all Escapes of Prisoners, and
give Relief to Creditors in a summary way; and, in the
first Place, to relieve each Creditor, out of his Debtor's
Estate; if he hath not wherewith to satisfy, then out of
the Marshal or Gaoler's; and if they both have not wherewith to satisfy, then out of such Person or Persons Estates
as have given the Gaoler Security for such Persons true
Imprisonment: And that Provision may be made for Discovery and Punishment of Fraud, and wilful Concealment
of any such Estates: And some effectual Provision to be
made to get the Securities for Prisoners true Imprisonment
out of the Hands of the Marshal of the Upper Bench, in
regard we find, and himself acknowledgeth, that there is
nothing to keep Prisoners in the Rules but their Bonds or
Securities; and that the said Securities may be made use
of for the Creditors Satisfaction, if there be Cause. We
find some Prisoners who are able to pay their Debts, and
will not: And, to those, our humble Opinion is, That if
they shall not pay their just Debts within
that they may be restrained in safe and streight Custody,
according to the Law; and some Persons authorized to
examine the Truth of such Debts; and to seize, sell, and
dispose of all their Estates for the Satisfaction of their
Creditors, as fully as if such Prisoners had been Tradesmen, and become Bankrupts; and the aforesaid Persons
to examine, do, and act, in order thereunto, as fully as
any Commissioners might formerly have done by Commission of Bankrupts.
We find some Prisoners who are very willing to pay
their Debts, but disabled, in regard their Estates are
settled upon themselves for Life, with Remainder to
their Children under Age; and are desirous to * enabled
by Act of Parliament to sell some reasonable Part of their
Estates, to pay their Debts. The Prisoners thus desiring
are, the Earl of Huntington, Algernon Peyton, and Roger
Peyton, and others: Wherein the Committee humbly
desires the Direction of the honourable House, when
the particular Cases shall be presented to them.
We find some Prisoners very poor, and live idly, upon
Charity, in the Prisons; and might discharge themselves
by the late Act for Relief of poor Prisoners not worth Five
Pounds; but choose rather to continue in Prison, though
able of Body: Our humble Opinion as to these, . . . that
they may be set to hard Labour, in a Work-house; and
not partake of the Charity intended for such Prisoners as
cannot go at Liberty.
We find some Prisoners very poor, and not able to pay;
and yet not within the Acts for Relief of Poor Prisoners,
not worth Five Pounds: Our humble Opinion as to these,
is, That some godly and understanding Persons may be
impowered to give Relief in these Cases, in a conscientious
way, according to the particular Circumstances of each
We find some, who were formerly Prisoners for just
Debts, who had Estates, and are got out of Prison upon
the Acts for Relief of Prisoners not worth Five Pounds,
by Fraud and Abuse of those charitable Laws: As to
those, our humble Opinion is, That the Persons for Relief
of the poor Prisoners not able to pay, may examine the
said Frauds and Abuses, and be enabled to give Relief to
the Creditors of their Estates, as Bankrupts, in such sort
as to the Creditors of Prisoners able to pay their Debts,
and leave them liable to the Punishment of such as take a
false Oath by the said Acts.
We find that several Charities, intended for the Relief
of poor Prisoners, are misemployed, and the poor Prisoner
deceived thereof: Our humble Opinion is, that some
able, godly, honest Persons may be enabled to examine
the same, upon Oath; and where they find such Deceit,
to enforce the Parties guilty thereof, to pay double the
Value; and to adjudge them also to the Pillory, if they
find Cause, or some other exemplary Punishment.
We find that there have been several Exactions from
Prisoners, under the Name of Fees, by one Allen, a
Tipstaff, and Atkinson, a Turnkey, belonging to the Upper
Bench Prison: For Remedy wherein we humbly offer as
our Opinion, That they may be enforced to restore Twofold of what shall appear to have been so exacted since
the last General Pardon; and stand upon the Pillory, or
receive some other publick Punishment.
We find some Prisoners unjustly and unmercifully
detained by their Adversaries: Our humble Opinion, as to
these, is, That the Persons to be appointed for Relief of
Creditors may likewise be impowered to examine, upon
Oath, hear, finally determine, and give Relief herein,
according to Justice and Equity: And that such as shall
by them be set at Liberty, may not be reputed Escapes
We find some Prisoners charged with great Actions by
Bills of Middlesex, wherein no Costs is recoverable, though
the Actions be never so unjust, and by other Process, and
no Declarations or Proceedings thereon; by which means
they are kept a long time in Prison, without Bail: Our
humble Opinion, as to these, is, That they may be forthwith enlarged; and may have Relief, by Action, against
such as have charged them with such Actions, for their
Damages suffered by their Imprisonment.
We conceive, that there are some Abuses of the same
Nature with those we find in the Upper Bench, in all
Prisons; and by many or most of the Prison-Keepers in
the Commonwealth; and the like Grievances of many
Creditors: And therefore we do humbly offer it, as the
Opinion of this Committee, That the same Remedies
may be generally applied with all convenient Speed: That
Persons may be appointed to remove Prison-Keepers, and
settle others in their Places, where there is Cause: And
that such Persons who shall be intrusted in the Execution
of the Matters herein contained, may not be molested or
responsible to any Court, but the Parliament only; and
their Power limited to such a certain time as the Parliament shall think convenient.
Resolved, That this Debate be adjourned till To-morrow Morning.