House of Commons Journal Volume 7: 24 October 1653

Friday, the 21st of October, 1653.

Recusants Estates.

THE House, according to former Order, resumed the Debate upon the Bill enabling the Commissioners of Parliament for compounding with Delinquents, to dispose of Two Parts of the Lands and Estates of Recusants, for the Benefit of the Commonwealth.

The Question being put, That the Proviso tendered Yesterday, on the Behalf of Henry Peck Esquire, be agreed, and be made Part of this Bill;

It passed in the Negative.

A Proviso was this Day tendered to the said Bill, in these Words, "Provided always, that this Act, or any thing therein contained, shall not be extended, construed, or be adjudged, to make void or null any Statute, Act, or Ordinance, heretofore made against Papists and Recusants, except only to the present Freeing and Discharging as well of the Two Parts sequestered, as of the Third Part assigned, or set out, to such Papists or Recusants whose Two Parts shall be compounded for, or sold, by virtue of this present Act:" Which was read the First time, and laid aside.

The Question being put, That this Bill do pass;

The House was divided.

The Yeas went forth.

So it was Resolved, That this Bill do pass.

Ordered, That this Act be forthwith printed and published.

Deane Forest.

Resolved, That it be referred to a Committee, to consider of what Waste hath been committed in the Forest of Deane; viz. to Captain Crofts, Mr. Herring, Colonel Bennett, Colonel Jones, Mr. Anlaby, Mr. Hollistre, Colonel Sidenham, Colonel Kendrick, Colonel Rogers, or any Three of them: To meet this Afternoon, in the Speaker's Chamber, with Power to send for Persons, Papers, and Witnesses; and to examine upon Oath; and to state the Matter; and report the same to the House.

Peck's Claims.

Ordered, That the Business of Mr. Henry Peck, reported Yesterday, be referred to the same Committee, to state the Matter of Fact; and report the same, with their Opinion, to the House.

Thieves and Highwaymen.

The Bill, intituled, An Act for the better and more effectual Discovery and Prosecution of Thieves and Highwaymen, was this Day read the Third time.

A Clause was tendered to this Bill, in these Words; "And be it further Enacted and Declared, That any Person or Persons that shall discover any Felon or Felons commonly called or known by the Name of Mosse Troops, residing upon the Borders of England and Scotland, who, upon such Discovery, shall be apprehended and convicted of any common Felony, Petty Larceny only excepted, shall, upon the said Conviction, have the like Encouragement of Ten Pounds: And all Sheriffs of the respective Counties where the Fact shall be committed, and the Party convicted, shall make Payment accordingly."

"Sheriffs and others are to take Notice hereof, and make Payment accordingly."

The Question being put, That these Words, "and others, are to take Notice hereof, and" do stand in this Clause;

It passed in the Negative.

Resolved, That these Words be inserted in the Place thereof; viz. "of the respective Counties where the Fact shall be committed; and the Party convicted shall."

Resolved, That these Words, "Two and" be inserted in the Third Line of the Ingrossment, next before the Word "Twentieth."

That the Parliament be humbly moved, That in respect the Clerks, Officers, and Dependents of the Courts of Justice in Scotland, do take no Fees, but have Salaries appointed them, to be paid unto them, out of the Treasury, arising from the Fees of the said Court; for which the Three thousand Pounds, formerly appointed, is not sufficient, in respect of new Clerks and Officers, and their Servants, who are found necessary to be appointed for the carrying on of the Business of the said Courts; that Power may therefore be given to the Commissioners for Administration of Justice, to draw Warrants immediately upon their own Treasury, for Payment of the Salaries of the additional Officers above-mentioned, not exceeding in all Four thousand Pounds per Annum.

That the Eighth Proposal made unto the Council by Wm. Thomson, concerning the great Debts of the City of Edinburgh; and desiring a Grant for an Imposition of Four-pence Scots upon each Scots Pint of Ale and Beer brewed or spent within the said City, Parts, and Precincts thereof, for enabling them to pay Interest for the same, until they shall be in a Capacity to discharge them; be humbly reported to the Parliament, by the Lord President of the Council; and submitted to their Consideration:

That, because the Corporation of the City lieth under an unsupportable Burthen of publick Debts, extending near to the Sum of Sixty thousand Pounds Sterling, contracted almost wholly in the Time of these Fifteen Years Troubles, Whereof they are not in condition to pay either Principal or Interest, without some speedy compassionate Remedy from the honourable Council of State: That therefore the honourable Council would be graciously pleased, for enabling them to pay their Interest-Monies, till a peaceable Time render them in a Capacity to pay their principal Sums, to confer upon them a Grant and Imposition of Four-pence Scotts, upon each Scotts Pint of Ale and Beer, brewed or spent within the said City, Parts and Pendicles thereof.

Ordered, That the Commissioners commissionated for Administration of Justice to the People of Scotland, in Things civil, except Mr. March and Mr. Owen, the several and respective Commissioners commissionated for Criminals, for the Affairs of the Exchequer, for Universities, and Affairs of the Ministry, and for placing of Sheriffs, and regulating of their Courts, be authorized and required to proceed in the Execution of the several and respective Commissions, according to the Powers thereby committed unto them respectively, until the Parliament take further Order.

The Question being put, That Mr. Edward Hopkins be added to the Commissioners for Administration of Justice in Scotland; and be impowered and authorized to act in all things as the Commissioners named in that Commission, are thereby impowered to do, as if he were named therein;

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

It passed in the Affirmative.

And the main Question being put; it was

Resolved, That Mr. Edward Hopkins be added to the Commissioners for Administration of Justice in Scotland; and be impowered and authorized to act, in all Things, as the Commissioners named in that Commission are thereby impowered to do, as if he were named therein.

The Question being put, That Mr. William Lawrence be added to the Commissioners for Administration of Justice in Scotland; and be impowered and authorized to act in all things as the Commissioners, named in that Commission, are thereby impowered to do, as if he were named therein;

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

It passed in the Affirmative.

And the main Question being put; It was

Resolved, That Mr. William Lawrence be added to the Commissioners for Administration of Justice in Scotland; and be impowered and authorized to act in all things as the Commissioners named in that Commission, are thereby impowered to do, as if he were named therein.

The Question being put, That Mr. Alexander Person, of Southall in Scotland, be appointed a Commissioner in the several Commissions above mentioned;

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

It passed in the Affirmative.

And the main Question being put; It was

Resolved, That Mr. Alexander Person of Southall in Scotland, be appointed a Commissioner in the several Commissions above named, wherein other Persons of the Scottish Nation are named.