House of Commons Journal Volume 7
30 August 1653

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1802

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'House of Commons Journal Volume 7: 30 August 1653', Journal of the House of Commons: volume 7: 1651-1660 (1802), pp. 310-311. URL: http://british-history.ac.uk/report.aspx?compid=24246 Date accessed: 20 October 2014.


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Tuesday, the 30th of August, 1653.

The Speaker.

ORDERED, That Mr. Rous do take the Chair as Speaker for a Month longer.

Law.

Resolved, That the Quorum of the Committee for the Regulation of the Law be Five: And that they have Power to send for Persons, Papers, and Records.

Excise.

The Bill for the more speedy and effectual Bringing-in the Arrears of the Excise, was this Day read the Third time; and, upon the Question, passed: And ordered to be printed and published.

Gibson's Petition.

Resolved, That the Petition of Alexander Gibson, of Drury in Scotland, be read To-morrow Morning.

Forfeited Estates.

The Bill, intituled, A further Additional Act for Sale of several Lands and Estates forfeited to the Commonwealth for Treason, was this Day read the Third time.

A Clause was tendered to this Act, in these Words; " And be it further Enacted, by the Authority aforesaid, That all Glebe Lands and Rectory Lands, with the Rights, Members, and Appurtenances, belonging, or which did belong or appertain on the 20th of May 1642, or at any time since, unto any Delinquent, whose Estate is, by the Three Acts before mentioned, or either of them, forfeited to the Commonwealth for Treason, be and are hereby settled, vested, adjudged, and deemed to be, and are hereby, in the real and actual Possession and Seizin of Wm. Skinner, and other the Trustees afore-mentioned, or any Five of them, and the Survivors and Survivor of them, and their Heirs and Assigns: And that they, their Heirs and Assigns, shall hold every Part and Parcel of the said Premises, in as full and ample Manner as any other Lands of the said Traitor or Traitors, or any of them in the said Acts before-mentioned, or either of them; subject to such Trust and Uses as by this Act, or in or by Authority of Parliament, shall be hereafter further directed and appointed; and shall dispose of the same, accordingly. And be it hereby further Enacted, by the Authority aforesaid, That all Contracts or Sales, made or to be made by the Trustees afore-mentioned, or any Five of them, according to the Directions, Rules, and Limitations, mentioned in this or any of the Three Acts beforementioned, is and shall be hereby declared to stand Good and Effectual in Law, to all and every the Purchaser or Purchasers of any the Lands, Tenements, or Hereditaments, of the said Delinquents or Traitors afore-mentioned, or either of them; any Law, Act, Order, or Ordinance, in anywise to the contrary notwithstanding:" Which was twice read.

A Proviso was tendered to this Clause, in these Words; " Provided always, That this Act, or any thing therein contained, do not extend to make good any Sale or Contract made by the said Trustees, or any of them, contrary to any Use, Estate, Deed, or Declaration, allowed by the Commissioners or Committee for Removing of Obstructions in the Sale of several Lands and Estates forfeited to the Commonwealth for Treason; any thing before-mentioned to the contrary notwithstanding:" Which was twice read.

And the Question being put, That this Proviso be added to this Clause;

It passed in the Negative.

And the Question being put, That this Clause be Part of the Bill;

The House was divided.

The Yeas went forth.

Colonel West, Tellers for the Yeas: 29.
Mr. Highland, With the Yeas,
Sir Anth. Ashley Cooper, Tellers for the Noes: 57.
Mr. Sadler, With the Noes,

So it passed in the Negative.

A Proviso was tendered, in these Words; viz. " Provided that this Act, nor any thing therein contained, shall extend to confirm or make good any Contract for or Sale of any Part of the Estate of William Lord Craven, exposed to Sale by any Additional Act for Sale of several Lands and Estates forfeited to the Commonwealth for Treason, for the Use of the Navy; any thing in this Act contained to the contrary thereof in anywise notwithstanding:" Which was read the First time.

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

It passed in the Negative.

Another Proviso was tendered to this Bill, in these Words; viz. " Provided always, and be it Enacted, That all and every Sale, or other Disposition, made or to be made, of any Estate, contrary to the true Intent of Articles or Conditions granted in Time of War, be null and void; and the same Estates be enjoyed according to the Intent of the said Articles; any thing therein contained, or any Law, Order, or Ordinance, to the contrary notwithstanding:" Which was read the First time.

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

It passed in the Negative.

Another Proviso was tendered to this Bill, in these Words; viz. " Provided always, and be it Enacted, That Sale, or other Disposition, made or to be made of any Estate, contrary to the true Intent of Articles or Conditions granted in Time of War, and which have been, or shall be so adjudged and declared, by the respective Commissioners named in an Act of Parliament, intituled, An Act for Reviving of a former Act for Relief of Persons upon Articles; or by any the Commissioners in the said Act revived; shall be null and void, and the same Estates be enjoyed, according to the Intent of the said Articles, and the Judgment or Order of the said Commissioners in that Behalf declared, or to be declared; any thing herein contained, or any Law, Order, or Ordinance, to the contrary notwithstanding:" Which was read the First time.

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

It passed in the Negative.

Another Proviso was tendered to this Bill, in these Words; viz. " Providing always, That nothing in this Act contained shall any way invalid, or make void, any Judgment, Sentence, Order, or Decree, made or to be made in the Case of Sir John Stowell Knight of the Bath, by any Commissioners appointed by an Act or Acts of the late Parliament, for Relief of Persons upon Articles; or make good, strengthen, or confirm, any Sale or other Disposition, made or to be made, of the Estate of the said Sir John Stowell, or of any Part thereof; but that the same shall be enjoyed by him, his Heirs and Assigns, according to the Intention of Articles or Conditions granted to him in Time of War, and the Judgment or Order of the said Commissioners, in that Behalf, declared or to be declared; any Law, Order, or Ordinance, to the contrary notwithstanding:" Which was read the First time.

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

It passed in the Negative.

Another Proviso was tendered to this Bill, in these Words; "Provided that nothing in this Act shall make void the Allowance of the Committee of Parliament, in the Claims relating to the Earl of Castlehaven's Estate:" Which was read the First time.

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

It passed in the Negative.

Ordered, That the further Debate in this Bill be adjourned till To-morrow Morning.