Die Sabbati, 2 Februarii, 1649.
Prayers.
Sir J. Garrett.
Mr. Bond reports from the Committee for Advance
of Money, the State of the Business touching Sir
Jacob Garrett.
"October Thirtieth 1649, Information was given to this
Committee, by Captain Hucford, That Sir Jacob Garrad
had sent in Men and Horse to the Lord Goringe and his
Party at Bow Bridge, in the late Insurrection in Essex; and
had sent his Team thither to draw the Enemies Carriages."
"December Twenty-sixth, This Committee appointed
to hear the Cause the Ninth of January following; and
all Parties and Witnesses to be heard viva voce."
"January Ninth, Upon Hearing of the Cause, there
appeared no Delinquency in the said Sir Jacob Garrad;
who was thereupon discharged."
"In the Proceedings of which Cause this Committee
did observe, that there was a wicked Combination against
the said Sir Jacob; viz.
"That Mary Samford, having had Dealing with Sir
Jacob, concerning a Mortgage of an House from one
Clapham to Sir Jacob; which Mary Samford would have
had out of his Hand, pretending a Right unto it; and
because she could not accomplish her Ends upon Sir Jacob
concerning that Mortgage; she afterwards sent a Letter
to Sir Jacob, to borrow of him an Hundred and Fifty
Pounds, intimating unto him, if he should refuse to lend
it her, that she was engaged such a Sum to a Commander
of the Army, and she would turn it over to him, which
should not be for Sir Jacob's Benefit: Whereupon she
enters into a Combination with one Captain Hugford,
to make Sir Jacob a Delinquent: And the said Hugford
did come to Sir Jacob, to demand One hundred and Fifty
Pounds in Mrs. Samford's Name: Sir Jacob telling the
said Hug ford, he had nothing to do with him; Hugford
then told Sir Jacob, He was a Delinquent, and he
should hear from him in another Place: And the aforesaid
Mary Samford contributed Monies unto him, for the
Suborning of Witnesses, as was confessed by Hugford himself, before the Committee; and she became a Witness
herself in the Cause. Captain Hugford, for the Accomplishment of his Design, finds out one John Orpe, of
Chancery Lane; employs him to hire false Witnesses, to
make out the Charge against Sir Jacob; and give Orpe
Money; which he receives, and undertakes to hire Witnesses: And therewith the said Hugford and Orpe hired
Henry Huges, Andrew Gurney, and Ferdinando Smith,
by giving Part of. . . Money in Hand, and Promise
of more, when they proved Sir Jacob a Delinquent: And
the said Hugford enters into a Covenant, in Writing, with
one Broadmeadow, to whom he gave Ten Shillings:
Which Writing is ready to be produced; the Effect
whereof is, That Broadmeadow and Orpe should have
Fifteen Pounds to make Proof against Sir Jacob, as
thereby may appear. Broadmeadow confesseth he hath
received Ten Shillings, in Part, already. That the said
Hugford, with the said Orpe, had often Meetings with
the said Gurney, Hughs, and Smith, having been formerly examined against Sir Jacob; and now, upon further Examination, deny the Whole that they formerly
had sworn; and confess to the Committee, They knew
not Sir Jacob, or any thing touching the Business charged
against him: And that Orpe and Hugford had hired them,
and instructed them as aforesaid: And that the said Hugford further confesseth to the Committee, That he was
to have, for his Pains, Two hundred Pounds: And that
Richard Whitebread was privy to the said Design; and
furnished Hugford with Money, for the Carrying on of
the same."
"There were several other Particulars and Circumstances,
to aggravate the Wickedness of this Combination."
"The Committee hath commanded me to acquaint
this House therewith, together with their Sense thereof,
expressed in their Order; and to pray the Direction of
the House herein; having, in the mean time, secured the
Persons of Mary Samford and Captain Hugford, until
the Pleasure of this House be known."
"The Persons who are now in Custody; viz. Thomas
Hugford, Andrew Gurney, Ferdinando Smith, Mary Samford; the humble Desire of Sir Jacob Garrad is, That these
and the rest of the Persons already discovered, and mentioned in the Order of the Committee for Advance of
Monies, who yet are not apprehended (they absconding);
and such others as shall hereafter be discovered to be
Agitants in the said Plot; may likewise be proceeded
against, according to Justice."
Mr. Bond also reports the Covenant entered into by
Hugford, in hæc verba;
Sir J. Garrett.
"These Presents witness, That whereas Thomas Higford, of London, Gentleman, hath employed John Orpe,
of the Parish of Andrewes, Holborne, Gentleman, to
solicit a Cause depending between him the said Thomas
Hickford, and others, and Sir Jacob Garrett Knight, and
to warn in Witnesses in the said Cause, for and on the
Behalf of the Plaintiffs: And whereas the said John Orpe
hath procured, and summoned in, Thomas Broadmeadowe,
to be a Witness in the said Cause: If therefore the said
John Orpe and Thomas Broadmeadowe do endeavour, and
make good, what they have undertaken to prove against
the said Sir Jacob; and if that the said Thomas Higford,
and the rest of the Plaintiffs do recover, against the said
Sir Jacob, any Part of his Estate, according to an Ordinance of Parliament for Discovery of Malignants; then
the said Thomas Hickford doth hereby covenant and promise to allow, unto the said John Orpe and Thomas Broadmeadowe, Fifteen Pounds, out of the said Money recovered; and to save and keep harmless the said John Orpe
and Thomas Broadmeadowe, in whatsoever they shall do in
the Premises. In Witness whereof, the said Thomas Hickford hath hereunto set his Hand and Seal, the Second of
January 1649."
"Sealed and delivered in the
Presence..
Roger Maddockes."
"Tho. Hugforde."
"With this Memorandum indorsed; viz."
"Memorandum, That it is agreed between all the Parties
to these Presents, That, if the Plaintiffs do not recover against the said Sir Jacob Garrett; then the
said John Orpe and Thomas Broadmeadowe will not
expect any further Satisfaction than what they have
received."
"John Orpe,
Thomas Broadmeadowe."
Mr. Bond also reports the Order and Votes of the said
Committee thereupon, of the Ninth of January 1649:
Which follow, in hæc verba;
"January 9th, 1649, at the Committee for Advance
of Money."
"In the Case depending before this Committee, upon
an Information exhibited by Captain Hugford against Sir
Jacob Garrett, of London, Knight, upon Hearing of the
Cause this Day, and the Witnesses, ore tenus, and of
Counsel, as well on the Behalf of the State, as on the
Part of the said Sir Jacob Garrett, there being no Part of
the said Information proved;"
"It is Ordered, That the said Information, and all Seizures, and other Proceedings thereupon before this Committee, be discharged; and the said Sir Jacob dismissed
from any further Attendance herein on this Committee:
And that all Bonds, Engagements, and Securities, entered into by the said Sir Jacob, or any others, for or concerning the Forthcoming of his Estate, or otherwise, in
this Business, be delivered up, and cancelled."
Resolved, &c. That it doth appear to this Committee,
upon hearing the Cause concerning Sir Jacob Garrett,
That there hath been a false, malicious, foul, and wicked
Practice and Combination, by and between Captain Hugford, John Orpe, Mary Samford, Andrew Gurney, Henry
Hughes, Richard Whitebread, and Ferdinando Smith,
against the said Sir Jacob Garrett, in the said Cause."
"Ordered, That Mr. Dennis Bond be desired to report
to the Parliament the Proceedings before this Committee,
touching Sir Jacob Garrett; and the wicked Combination and Practices of the said Hugford, and his Confederates aforesaid, against the said Sir Jacob Garrett; and
to pray the Direction of that House therein, that the
said Parties may be proceeded against, for their said heinous
Crimes, according to Justice; and to the Deterring of
others from the like Conspiracies."
Resolved, &c. That Thomas Hugford alias Hickford is
guilty of a soul Practice and Combination, in an Accusation of Delinquency against Sir Jacob Garrad, and of
suborning false Testimony against him.
Resolved, &c. That John Orpe, named in the said Report, is guilty of the said foul Practice and Combination.
Resolved, &c. That Andrew Gurney, named in the said
Report, is guilty of the said Practice and Combination,
being suborned to give false Testimony.
Resolved, &c. That the said Thomas Hugford, alias
Hickford, John Orpe, and Andrew Gurney, for this foul
Practice and Combination, shall be punished, by standing
in the Pillory.
Resolved, &c. That the said Thomas Hugford alias
Hickford, John Orpe, and Arthur Gurney, for their said
heinous Crimes, shall stand in the Pillory in more Places
than one.
Resolved, That the Places where the said Thomas Hugford, alias Hickford, John Orpe, and Andrew Gurney,
shall stand on the Pillory, shall be in the New Palace
Yard, in Cheapside, upon the Exchange, and at the End
of Chancery-lane, in Fleetstreet.
Sir J. Garrett.
Resolved, &c. That the said Thomas Hug ford alias Hickford, John Orpe, and Andrew Gurney, shall stand in the
Pillory One whole Hour in each of the said Places.
Resolved, &c. That the Time wherein the said Thomas
Hugford alias Hickford, John Orpe, and Andrew Gurney,
shall stand in the Pillory, shall be between Ten and
Twelve of the Clock in the Forenoon.
Ordered, That the Sheriffs of London and Middlesex,
be required to take care, that these Votes be put in Execution, and the several Persons aforesaid be set in the Pillory, at the several Places, and during the Time beforementioned, upon Tuesday, Wednesday, Thursday, and
Friday next.
Resolved, That the Offences of the respective Persons;
viz. of the said Thomas Hugford, and John Orpe, in suborning false Testimony, and of the said Andrew Gurney,
for being suborned to give false Testimony; be written
in great Characters, and set upon the Heads of the said
several Persons respectively, while they shall stand in the
Pillory in the several Places, at the several times, aforesaid.
Resolved, &c. That the said Thomas Hugford alias
Hickford, John Orpe, and Andrew Gurney, be from henceforth discredited, and disabled, for ever hereafter, to
give any Testimony, or to be a Witness, in any Court,
in any Cause whatsoever.
Resolved, &c. That a Fine of Two hundred Pounds
be imposed on Thomas Hugford alias Hickford, for his
said soul Practice, and heinous Crime, in Subornation
of false Testimony.
Resolved, &c. That a Fine of Two hundred Pounds
be imposed on John Orpe, for his said soul Practice, and
heinous Crime, in Subornation of false Testimony.
Resolved, &c. That a Fine of One hundred Pounds be
imposed on Andrew Gurney, for being suborned to give
false Testimony in this Cause.
Resolved, &c. That the said Thomas Hugford alias Hickford, John Orpe, and Andrew Gourney, in further Punishment for the said soul Practice and Crime, be likewise
committed to Newgate, and there imprisoned during the
Space of Six Months.
Ordered, That Mr. Hill, Mr. Long, and Mr. Lechmere, or any Two of them, do bring in an Act for the
Preventing of the like Crimes, Perjuries, Subornation,
and false Testimony, before any Committee of Parliament, and for other Abuses, by counterfeiting Seals or
Writings, or any Orders of Parliament, or of any Committees of Parliament, whereby the Parliament or Commonwealth hath been, or may be, in that Kind, abused
or prejudiced, and the People wronged.
Ordered, That it be referred back to the same Committee, to examine the Business touching Mrs. Mary
Samford; and to report their Opinion to the House:
And that she be committed to Newgate in the mean time,
till further Order, if the Committee see Cause.
False Debentures, &c.
Ordered, That it be referred to the Committee of the
Army, to examine the many Abuses committed in
making or procuring false Debentures, and counterfeiting
Warrants; and to examine the Business touching the Persons now in Hold for such Abuses; and to give Order
touching securing the Monies and Goods taken with them;
and report the Matter to the House on Thursday next.
Ordered, That Colonel Ven do, on Thursday next,
make Report of the like Abuses committed in Wales, to
the great Deceit and Prejudice to the State.
Westminster Petition.
Ordered, That the Westminster Petition be read on
Tuesday next.
Crown Lands.
Ordered, That the Report of the additional Act for
Sale of the Lands of the late King, &c. be made on
Tuesday next.
Northern Officers.
Ordered, That, on Tuesday next, the Report be made
for the Northern Officers.
Publick Fast.
Ordered, That the Act for the Fast be read on
Monday the first Business.
Agent to Spain.
The Lord Commissioner Whitlock reports from the
Council of State, a Commission to be given to Mr.
Anthony Ascham, to be a Commissioner and Agent to the
King of Spain: Which Commission was read: And, after
some Amendments at the Table, the Commission was
agreed unto; and was in these Words; viz.
Parliamentum Reipublicæ Angliæ, Omnibus & Singulis, ad quos præsentes hæ nostræ Literæ pervenerint,
Salutem. Cum Annum jam post recuperatam Libertatem, & restitutam, favente Deo, Angliæ Rempublicam,
a Parliamento decretum, necnon Edicto edito promulgatum sit, velle atque admodum cupere Populum Anglicanum, &, quod ad se attinet, Operam daturum, ut
quæ sibi Amicitia cum exteris quibuseunque Nationibus
vel antiquus vel recens intercedit, sarta tecta conservetur, vel etiam redintegrato, si opus esset, Fodere renovetur: Nos idcirco, ne Inceptum tam bonum, tamque pacificum, Finem speratum non assequeretur, omnes Status,
Principes, Civitates, ac Populos, & præfertim Serenissimum Hispaniarum Regem, hac de re certiorem faciendum esse decrevimus. Sciatis igitur, quod nos, Diligentiæ, Solertiæ, Fidei, ac Probitati lectissimi Viri Antonii
Ascami plurimum tribuentes, ipsum prænominatum Antonium nostrum verum & indubitatum Commissarium,
Procuratorem, Agentem, & Deputatum, ad prædictum
Negotium fecimus, constituimus, ordinavimus, & deputavimus, ac per præsentes facimus, constituimus, ordinamus, & deputamus; dantes eidem & committentes plenam Potestatem & Authoritatem, Nomine nostro, cum
prædicto Serenissimo Hispaniarum Rege, ejusque Procuratoribus, Deputatis, ac Nuntiis, ad hoc sufficientem Authoritatem & Potestatem habentibus, communicandi, tractandi, & transigendi ea omnia, quæ ad Amicitiam, &
liberum ac antiquum Commercium inter Anglos & Hispanos, & quoscunque sub eorum Ditione positos, promovendum & stabiliendum conducunt & faciunt, secundum ea Mandata, quæ vel a Parliamento, vel a Concilio
Status Parliamenti Authoritate constituto, jam accepit,
aut per Literas accepturus est; promittentes, bona Fide,
nos, quæ inter prædictum Hispaniarum Regem, ejusoue
Procuratores, Deputatos, & Nuntios, atque prænominatum Antonium Ascamum, nostrum Commissarium, Agentem, & Deputatum, transacta & conclusa fuerint, modo
illo quo supradictum est, ea omnia rata ac firma habituros, & ex nostra parte observaturos. In cujus rei Testimonium, hisce Literis, quibus Manus Prolocutoris nostri
subscribitur, Magnum Reipublicæ Sigillum apponi fecimus. Datum in Palatio Westmonasteriensi.
Agents Credentia's.
Ordered, That Mr. Speaker be authorized and required
to sign the Letters Credential, and Safe Conduct, to be
prepared by the Council of State, for the Agents to be
employed beyond Sea, as Speaker of the Parliament of
the Commonwealth of England.
Ordered, That the Council of State be authorized to
affix the Seal of the said Council to such Letters Credential, and of Safe Conduct, as shall be so signed by Mr.
Speaker.
Livarpoole Garison.
Colonel Purefoy reports from the Council of State, a
Proposition of Colonel Thomas Birch.
The humble Proposition of Colonel Thomas Birch.
Whereas Six hundred Pounds hath been thought fit to
be allowed for Repair of the Garison of Liverpoole, which
requires much Speed to be effected; and for that there
cannot a more present and expeditious Course be thought
of for raising the said Money; that it be propounded,
from this Council to the Parliament, to order, That
Power may be given to the said Thomas Birch, Captain
Wm. Duckenfield, Peter Ambrose, and Giles Meadoweroft,
Gentlemen, or any Two of them, to grant and renew so
many Leases for Three Lives, according to former Rates,
unto such of the Earl of Derbie's Tenants in Lancashire,
who have faithfully adhered to the Parliament in the late
Wars, as may forthwith raise and extend to the Sum of
Six hundred Pounds, by the said Colonel Birch to be
employed for the Use aforesaid.
Ordered, That Six hundred Pounds be raised out of
the Copyhold Estates of the Earl of Derby, and paid to
Colonel Thomas Birch, Captain Thomas Duckenfield, Peter
Ambrose, and Giles Medowcroft, Gentlemen, or any Two
of them, for Repair of the Garison of Liverpoole.
Ordered, That it be referred to the Committee.. Goldsmiths Hall, to take Care, and Order, the said Six hundred Pounds be raised and paid accordingly.
Lancaster Assizes.
Ordered, That the like Commission be now issued to
the Judges of Assize, to go the next Assizes at Lancashire,
as was issued for holding the last Assizes: And that the
said Commission do issue under the Duchy and County
Palatine Seal.
Birch's Petition.
Ordered, That the Petition of Colonel Thomas Birch
be read on the Second of March next.
Isle of Wight.
Lord Commissioner Lisle reports from the Council of
State, That, upon a Survey made of the several Castles
and Forts in the Isle of Wight, and returned unto the
Council, they conceive it very necessary, for the Security
of that Island, that the several Places, mentioned in the
Survey to be defective, should be repaired and fortified;
to which Purpose there is wanting only, at present, Five
hundred and Fifteen Pounds and Ten Shillings; that the
House be therefore moved, That the Sum of Five hundred Pounds may be provided speedily for the aforesaid
Purpose: And whereas the Quit Rents of the Crown
Lands, lying in that Island, were always heretofore reserved for the Repairing of the Fortifications of that
Place, and not paid into any Treasury, that the House
be moved, That the said Rents may be still reserved, as
formerly, to that Use and Purpose.
Ordered, That the Sum of Five hundred Pounds be
provided for the Repair of the Castles and Forts in the
Isle of Wight, and be charged on the publick Revenue:
And the Committee for the publick Revenue are hereby
authorized and required to make present Payment thereof
accordingly.