House of Commons Journal Volume 7: 18 August 1652

Wednesday, the 18th of August, 1652.

Prayers.

Irish Affairs.

THE House, this Day, resumed the Debate upon the Report from the Council of State, touching Ireland.

Resolved, That the Parliament doth declare and order,

That any Cattle, Sheep, Horses, Corn, or Grain, of any Kind, shall or may be exported, by any Person or Persons, within this Commonwealth, from England into Ireland, without paying Custom or Excise in England; strict and good Caution and Security being given at the Custom-houses, for the Delivery and Sale thereof, in the Parliament's Quarters or Garisons in Ireland, and not elsewhere; and that the Parties shall bring back good Certificates from Ireland of the Performance thereof.

Ordered, That this Vote be printed and published: And that the Committee of the Navy do send this Vote, to the several Ports; and see the same put in Execution.

Resolved, That no Persons whatsoever in Ireland, but the Lord General, or Commander in Chief, by his Authority, shall have Power to grant military Commissions in Ireland.

Resolved, That it be referred to the Council of State, and that they be impowered, to send over into Ireland such Number of able and godly Preachers of the Gospel, and upon such Allowances, as they shall think fit.

Mr. Scott reports from the Council of State:

IN the Articles of Agreement made with the Earl of Ormond, 18 Junii, 1647, it is agreed and concluded; - "And the said Arthure Annesley Esquire, Sir Robert King, Sir Robert Meredith, Knights, Colonel John Moore, and Colonel Michaell Jones, do, for and in Behalf of the Parliament of England, conclude, agree, and undertake, to and with the said Lord Marquis of Ormond, in the Behalf of himself and others his Majesty's Subjects, that all Protestants whatsoever of the Kingdom of Ireland, not having been in the Irish Rebellion, though they have of late consented or submitted, either to the Cessation of Arms, or the Peace concluded with the Irish Rebels, shall be secured in their Persons, Estates, and Goods, that they have in Ireland: And that they may live quietly and securely under the Protection of the said Parliament, and their Forces, either within England, Ireland, or Wales, and that they shall enjoy those their Estates and Goods without any Molestation or Question from the said Parliament, as any others do, who have not offended the said Parliament; they submitting to all such Ordinances of Parliament made or to be made, as all others do submit unto, who have never offended the Parliament."

Upon which Articles, the Questions and Doubts ensuing do arise;

1. Whether such Persons as levied War, or aided or assisted the War, in England, against the Parliament, having Estates in Ireland, be included in the said Article, and ought to have their Estates in Ireland freed from Sequestration or Forfeiture by virtue thereof?

2. Whether such Persons, being sequestrable, as have lived in England during the Time of the Rebellion in Ireland, and at the Time of passing the said Articles, although they formerly lived, and then had Estates in Ireland, be included in the said Articles, and ought to have their Estates in Ireland freed from Sequestration or Forfeiture by virtue thereof?

There be divers great Estates in Ireland, the Sequestration or Acquittal whereof depends upon the Parliament's Resolution herein.

The Question being propounded, That the Parliament doth declare, that such Persons as levied War, or aided or assisted the War, in England, against the Parliament, having Estates in Ireland, are included in the said Article, and ought to have their Estates in Ireland, freed from Sequestration or Forfeiture, by virtue thereof;

And the Question being put, That this Question be now put;

It passed with the Negative.

Ordered, That it be referred back again to the Council of State, to take this Paper into their further Consideration; and present their Opinions therein to the House, with all convenient Speed.

Mr. Scott also reports from the Council of State, "Articles of Agreement, made and concluded the 7th Day of March 1651, at Stream's-Town, in the County of Meath, between Commissary-General Reynolds and the rest therein authorized, of the one Part, and Colonel John Fitz Patrick of the other Part; and also the Resolution of the Commissioners of the Parliament in Ireland:" Which was now read, in these Words; viz.

THAT, upon real Performance of the Articles on the Part of Colonel John Fitz Patrick, and his Party, to be performed, the said Colonel Fitz Patrick shall and may enjoy all his Estate, or the Value thereof, whereof he was lawfully seized in Possession, Reversion, or Remainder, at or before the 21th of October 1651, or that hath since descended to him from any of his Ancestors. Dated at, Dublyn, 20th of March 1651.

Resolved, That the Parliament doth approve and confirm the said Articles.

Resolved, That the Parliament doth agree to the said Resolution of the said Commissioners.

Irish Great Seal.

Ordered, That it be referred to the Council of State, to consider of a Great Seal for Ireland; and of such other Seals for the Administration of Justice there, as they shall judge necessary; and to report their Opinion therein to the Parliament.

Invalid Soldiers, &c. Ireland.

Mr. Scott also reports from the Council of State, a Proposal delivered in to the Council, by Colonel Hewson and Adjutant General Allein, that a competent Maintenance might be speedily provided for maimed Soldiers, and the Widows and Orphans of those who died in the Service in Ireland.

Resolved, by the Parliament, That it be referred to the Commissioners in Ireland, to take Care, that a competent Maintenance be speedily provided for maimed Soldiers, and the Widows and Orphans of those who died in the Service in Ireland.

Resolved, That Lands of Inheritance of the clear yearly Value of Two hundred Pounds, be settled on Major Thomas Adams, and his Heirs, out of the Lands forfeited to this Commonwealth in Ireland.

Resolved, That the Sum of One hundred Pounds be given to Major Adams, to transport him into Ireland; and that the Council of State be authorized and required to pay the same to him, accordingly.

Resolved, That the Commissioners for the Parliament in Ireland be authorized and required to settle upon Major Thomas Adams and his Heirs, Lands of Inheritance of the clear yearly Value of Two hundred Pounds, out of the Lands forfeited to the Commonwealth in Ireland, and to put him in Possession thereof, accordingly.

Resolved, That it be referred to the Commissioners in Ireland, to cause a Survey to be made of the Lands holden by Sir Hardres Waller, by Lease, from the Earl of Ormond, upon which the Rent of Two hundred Pounds a Year is reserved, and of the yearly Value thereof; and transmit the same to the Parliament.

Forfeited Estates.

Alderman Allein reports several Provisoes to be added to the Additional Bill for Sale of Lands forfeited to the Commonwealth, for Treason; which were this Day read.

Ordered, That these Provisoes be referred to the Committee, to whom the Additional Bill for Sale of several Estates forfeited to the Commonwealth, for Treason, is committed; to take it into Consideration; and to report it, with the Amendments to the said Bill, To-morrow Morning, the first Business.

Alderman Allein also reports a Vote of the said Committee; viz.

Resolved, upon the Question, by the Committee, That it be reported to the Parliament, as the Opinion of this Committee, that all the Persons who have, by Authority of Parliament, been adjudged Delinquents, and are now under actual Sequestration, and whose Cases are not now lawfully depending by way of Appeal, or otherwise referred by Order of Parliament to Consideration, be inserted into the Additional Bill.

Resolved, That the Parliament doth agree, that all the Persons who have, by Authority of Parliament, been adjudged Delinquents, and are now under actual Sequestration, and whose Cases are not now lawfully depending by way of Appeal, or otherwise referred by Order of Parliament to Consideration, be inserted into the Additional Bill: And that it be referred to the aforesaid Committee, to bring in the Names in that Bill, accordingly.

Virginia.

Ordered, That the Articles for the Rendition of Virginia be reported, on Friday Morning next.

Barbadoes.

The House did, this Day, take into Consideration the Articles made upon the Surrender of the Barbadoes.

Resolved, That the Parliament doth approve of, and confirm the said Articles, provided that the same, nor any thing therein contained, shall not extend to the Prejudice of any Third Person, as to any of the Plantations mentioned in the said Articles; nor to confirm the Lord Willoughby, or any other Person by his Authority, in the Place of Governor or Commander of or in any Government or Command, in any the Plantations aforesaid, or elsewhere.

Payment to Serle.

Resolved, That the Commissioners for Compounding be impowered and authorized to give Warrant to the Treasurers at Goldsmiths Hall, to pay unto Daniel Serle Esquire, or his Assigns, out of such Monies as are or shall come in upon the Discoveries made by him at Haberdashers-Hall, such Sum and Sums of Money, as by an Order of the 3d of March 1647, and an Order of the Committee of Lords and Commons of Haberdashers-Hall thereupon, were to have been paid unto him out of such Discoveries, notwithstanding the former Restraint: And the Acquittance and Acquittances of the said Daniel Serle, or his Assigns, shall be a sufficient Discharge to the said Treasurers for the same.

Valentine's Claims.

Resolved, That it be referred to the Committee of the Army, to examine, how much of the Sum formerly given to Mr. Benjamin Valentine for his Sufferings, hath been satisfied, and how much yet remains unpaid; and to present to the House what is due, and how the same may be settled, for the better Satisfaction thereof to Matthias Valentine his Son.