House of Commons Journal Volume 7: 18 June 1657

Thursday, the 18th June, 1657.

Small Debts.

ORDERED, That the Report of Amendments to the Bill for Recovery of small Debts, and relieving Persons in Cases of small Trespasses, within their respective Counties, be made the Second Thursday after the next Meeting of the Parliament.

Hickson and Wilson in Error.

The Master of the Rolls brings in a Writ of Error between Thomas Hickson and Thomas Wilson, together with the Record of a Judgment in the Petty Bag thereunto annexed.

Irish Rebels.

The House, according to former Order, resumed the Debate upon the Amendments to the Bill for the Attainder of the Rebels in Ireland, Yesterday reported: Which Amendments were again read, and put to the Question, one by one; and, after some Omission and Alterations therein, were agreed.

Resolved, That in Page the Third, Line the Fourth, next after the Word "October," be added, "1641."

Resolved, That, in the Amendment in the Seventh Page, Line the Sixteenth, these Words be added, next after the Word "declare;" Provided such Time for the Perfecting of the said Claims exceed not the First of June 1658."

And the said Amendments, thus altered, being put to the Question, were assented unto.

E. of Portland's, &c. Petition.

The humble Petition of the Earl of Portland, and Benjamin Weston his Brother, was this Day read.

Ordered, That this Petition be referred to the Committee of Ireland; to see the Deed; and to examine the Matter of Fact; and to bring in a Proviso, ingrossed, to offer to this House, if the Committee see Cause.

A Proviso being tendered to this Bill, on Behalf of Nicholas Barnwell;

The Question being put, That this Proviso be now read;

It passed in the Negative.

Resolved, That this Bill, thus amended, be ingrossed.

Grant to Blake.

Resolved, by the Parliament, That it be offered to his Highness the Lord Protector, that his Highness will be pleased to issue his Warrant under the Privy-Seal, authorizing and requiring the Commissioners of his Highness' Treasury, out of such Monies as shall come into the Receipt of his Highness' Exchequer, by Monies arising by Prize-Goods next after the Sum of Four thousand Pounds, formerly ordered to be paid to Colonel Ralph Weldon, to pay unto Colonel Alexander Blake, for the Use of General Robert Blake, The Sum of Three thousand Eight hundred and Fifteen Pounds Sixteen Shillings, appearing by a Debenture under the Hands of the Commissioners for Accompts, sitting at Worcester-House, to be due unto the said General Robert Blake, for his personal Pay for his Land-Service in England, and in Satisfaction and Discharge of the said Sum of Three thousand Eight hundred and Fifteen Pounds Sixteen Shillings, and the Debenture for the same.

Recusants.

Ordered, That the Bill for Recusants be read this Afternoon at Three of Clock.

Suits against E. of Northumberland, &c.

Ordered, That all Prosecution at Law against Algernon Earl of Northumberland, Thomas Lord Coventry, Philip Earl of Pembroke Heir, and William Earl of Salisbury, and others the Executors of Philip Earl of Pembroke and Mountgomery, deceased, and the rest of the Obligers in the Bonds which were given to Mr. Flyer, and others mentioned in their Petition exhibited to the Parliament the Thirtieth of April, and now referred to the Committee, be stayed until the Second Friday after the next Meeting of the Parliament: And that then this Business be taken into Consideration.

Post Meridiem.

Popish Recusants.

A BILL for Discovering, Convicting and Suppressing of Popish Recusants, was this Day read the Third time.

Resolved, That the Blank in the Bill for the Time for the Person accused of Popish Recusancy shall make it appear that he hath frequented publick Congregations, allowed of in these Nations, be filled up with "Six Months."

A Proviso was tendered to this Bill, in these Words; viz. "Provided, and be it further Enacted, by the Authority aforesaid, That all and every Receiver and Receivers, Collector and Collectors, Bailiff or Bailiffs, of any Manors, Lands, Tenements, Rents, or Revenues, which now are, and hereafter shall be, seized or sequestered into the Hands of his Highness the Lord Protector, or of the Commonwealth, for the Recusancy of any Person or Persons, or for any other Cause whatsoever, or which now do, or hereafter shall, any-way belong unto... Highness the Lord Protector, or unto the Commonwealth, shall be, and are hereby, impowered and authorized, for want of Pay, and Levying of any Rents, Issues, or Revenues, within his or their Offices or Charges, to distrain for the same, and to use and order the same Distress in such Sort and Form as any other Officer or Officers of his Highness' Court of Exchequer for Levying and Lack of Payment of his Highness the Lord Protector's Rents, answerable to the said Court have lawfully done, or may lawfully do, delivering to the Party distrained, the Surplusage and Overplus of the Value of such Distress, if any be; his Highness' Debts and Duties being first paid, and the Distraint answered, of reasonable Costs."

Which was read the First and Second time.

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

It passed in the Negative.

Another Proviso was tendered to this Bill; "That it be Enacted, by the Authority aforesaid, That the Receiver do account upon Oath; and that their Accompts be yearly declared before the Lord Treasurer, Commissioners of the Revenue, and Barons of the said Court:" Which was read the First time;

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

It passed with the Negative.

Another Proviso was tendered to this Bill; "To impower the Popish Recusants to dispose of Two ThirdParts, or any Part, of their Estates, upon such Terms as his Highness, or his Successors, shall, from time to time, judge fit and convenient for the Service of the Commonwealth."

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

It passed with the Negative.

And the said Bill, being put to the Question, passed.

Ordered, That this Bill be tendered to his Highness the Lord Protector for his Consent.

Confirming Acts.

A Bill and Declaration, touching several Ordinances, was this Day read the Third time.

And the Question being put, That these Words; viz. "so much, and such Part of;" do stand in the Fifteenth Line of the Tenth Page;

It passed with the Negative.

Ordered, That the Blank there be filled up with "1654."

The Question being put, That the Word "but," in the last Line of the same Folio, do stand;

It passed in the Negative.

And that the Word "except" be inserted, instead thereof;

The Question being put, That these Words, in the First Line of the Eleventh Folio, viz. "the said last mentioned Ordinance, and all Instructions and Proceedings;" and that these Words be inserted, instead thereof: "certain Instructions made by his Highness, by Advice of his Council."

The Question being put, That the Word "as," in this Place do stand;

It passed with the Negative.

And that the word "which" be inserted, instead thereof.

A Proviso was tendered to this Bill, in these Words; viz. "Provided nevertheless, and be it Enacted, by the Authority aforesaid, That the Persons hereafter named be hereby constituted Commissioners, respectively, for the Surveying of the Forests and Chaces hereafter mentioned; that is to say, Joseph Ayloff, Thomas Skipwith, Jeremy Baines, Adam Ayre, Esquires, James Robinson and Wm. Marre, Gentlemen, for the Forest of Sherwood; Robert Franck, Jo. Kensey, Tho. Watts, Esquires, and George Serjeant Gentleman, for the Forest or Chace of Needwood; James Stedman, Robert Taylor, Thomas Tanner, Esquires, and John Halsey Gentleman, for the Forest or Chace of Kingswood; Henry Dewell, Wm. Dawgs, Joseph Gamage, Esquires, and Richard Johnson Gentleman, for the Forest or Chace of Ashdowne, and Lancaster great Park; John Bointon, Hugh Webb, Esquires, Major Rolph, and Nicholas Gunton Gentleman, for Enfeild Chace; and shall proceed and act upon such Claims, as have been formerly put in before any Commissioners appointed under the Great Seal of England, for surveying the said Forests and Chaces, since the Thirtieth of August 1654, or upon any Claims that shall be put in, before the said respective Commissioners, before the Twentieth Day of July next ensuing, according to such Instructions as shall be agreed upon in and by this present Parliament. And be it further Enacted, That the Lord Lambert, General Disbrow, Colonel Sydenham, Sir Gilbert Gerard Knight, John Trevor and Josias Berners Esquires, or any Four of them, be, and shall be, a Committee of Appeal, who shall have Power to act and do, in all things, as in the said Instructions shall be declared: Which was read the First and Second time; and, upon the Question, assented unto; and ordered to be Part of the Bill.

A Proviso was tendered, on Behalf of the Lady Elianor Fitzwilliams:

And the Question being put, That that Proviso be read;

The House was divided.

So it passed in the Affirmative.

And the Proviso was read; and was as followeth;

"And one other Ordinance of his Highness the Lord Protector and Council, made in the Year of our Lord 1654, intituled, An Ordinance for discharging from Sequestration certain Lands, settled on Trustees, to the Use of the Lady Elianor Fitzwilliams:"

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

It passed with the Negative.

A Clause, ingrossed in Parchment, was tendered to this Act, in these Words; viz. "And that one Act, heretofore had and made, intituled, An Act for Redress of Delays and Mischiefs arising by Writs of Error, and Writs of false Judgment, in several Cases published in Print the Fourth Day of November in the Year of our Lord God 1653, shall be, and is hereby, ratified and confirmed; and that one other Act, heretofore had and made, intituled, An Act for the taking away Fines upon Bills, Declarations, and original Writs, published in Print the Second Day of August in the Year of our Lord 1653 abovesaid, shall be, and is hereby ratified and confirmed: Provided always, That any thing in the last-mentioned Act contained shall not extend to the taking away of any Fines or Post-Fines for Alienations upon Writs:" Which was read the First and Second time.

Ordered, That these Words, viz. "and other Writs," be added at the End of the Proviso: Which Amendment was twice read.

Resolved, That this Proviso be Part of the Bill.

Another Clause was tendered to this Bill, in these Words; viz. "And be it further Enacted, That one other Ordinance, made in the Year 1654, intituled, An Ordinance for the better Redress of the Abuses committed upon the River Thames, and Waters of Medway, shall be, and is hereby continued and confirmed; and shall stand and be in full Force and Strength."

Resolved, That this Clause be read.

Resolved, That these Words; viz. "for the Space of Three Years, from the End of this Session of Parliament;" be added to this Clause.

Resolved, That these Words, "saving the Rights of all Bodies Politick and Corporate, and of all other Person and Persons whatsoever," be added at the End of this Clause.

And the said Clause, so amended, being put to the Question, was assented unto.

Another Clause was tendered to this Bill, in these Words; viz. "And be it further Enacted, by the Authority aforesaid, That, for better and more effectual Execution of the said Ordinance for Ejecting of scandalous, ignorant, and insufficient Ministers and Schoolmasters, it shall and may be lawful to and for his Highness the Lord Protector, by and with the Advice of his Council, to nominate and appoint an additional Supply of Persons to the said Commissioners in the several and respective Counties; who shall be, and are hereby authorized, and impowered for carrying on the Ends of the said Ordinance therein particularly, to all Intents and Purposes, as if they had been named:" which was read the First and Second time; and, upon the Question, ordered to be Part of this Bill;

A Proviso was tendered to this Bill; "That the Four Forests might also be Security to the Regiments at Innernes, and other Officers and Soldiers."

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

It passed with the Negative.

And the said Bill, so amended, being put to the Question, passed.

Ordered, That this Bill be tendered to his Highness the Lord Protector for his Consent.

York, &c. Ministers.

Ordered, That it be referred to a Committee, to bring in a Bill for the Maintenance of some preaching Ministers in the Cities of York, Durham, and Carlisle, and the Town of Newcastle upon Tyne, and Town of Berwick upon Tweed, and other Towns and Places, according to an Ordinance of the Three-and-twentieth of April 1645.

Ordered, That the Lord Strickland and Lord Lambert bring in a Bill.

Forests.

Ordered, That the Instructions touching the Four Forests be read To-morrow Morning.