House of Commons Journal Volume 6: 21 February 1651

Die Veneris, 21 Februarii, 1650.

Prayers.

Embassy to Holland.

ORDERED, That the Ambassadors do attend the Parliament, on Tuesday next, at Eleven of Clock, to receive their Commission, Letters of Credence, and Instructions, in the House.

Stores and Magazines.

Mr. Holland reports from the Council of State, the Resolution of the Committee touching the Stores and Magazines.

Resolved, That the Stores and Magazines of all Military Provisions, both for Sea and Land Service, shall be provided, ordered, and disposed, by the Council of State according to the former Powers to them given, as they shall from time to time direct, until the Parliament shall take further Order.

Oaths for Persons under Council.

Mr. Say reports from the Council of State, the Form of Two Oaths, . . . to be administered to Mr. Frost the Secretary of that Council; and the other to be administered to such as the Council shall employ under them; viz. as followeth:

"That the Draught of the Oath, here read, be reported to the House; to be given to Mr. Frost, the Secretary of the Council, if the Parliament think fit; viz.

"I Gualter Frost, being by Order of Parliament appointed Secretary to the Council of State for the Year ensuing, do promise, in the Sight of God, through his Grace, I will be faithful in the Trust committed to me; and not reveal or disclose any thing, in Whole or in Part, directly or indirectly, that shall be debated or resolved upon in the Council, and ordered to be kept secret by the said Council, without the Command, Directions, or Allowance of the Parliament, or Council."

"That the other Draught of an Oath, to be tendered to such as the Council shall employ under them, be reported also to the Parliament, for their Approbation and Order, to tender it, if the Parliament shall so think sit; viz."

"I A. B. do promise, in the Sight of God, that I will be true and faithful in the Trust committed to me, in my Employment under the Council of State: And that I will not reveal or disclose any thing, in Whole or in Part, directly or indirectly, that shall be debated or resolved upon in the Council, and ordered to be kept secret by the said Council, without the Command, Directions, or Allowance, of the Parliament or Council."

Resolved, That the Parliament doth approve of the said Oaths to be administered to the Secretary of the Council of State, and to such other Officers belonging to the said Council of State, as the said Council shall think sit.

Resolved, That the said Council, or any Three of them, shall be, and are hereby, impowered and authorized to administer the said Oath to the Persons accordingly.

Persons Pardoned.

A Pardon for pardoning Wm. Fletcher, and Edward Fletcher, convicted in the County of Northumberland, for Stealing of Cattle; and for Pardoning of Edward Hall, convicted in the County of York, for stealing a Gelding; and of Thomas Clark, convicted for stealing a Horse, in the County of York, was this Day read; and, upon the Question, assented unto: And

It is Ordered, That the Lords Commissioners of the Great Seal of England be, and are hereby, impowered and authorized to pass the same under the Great Seal of England.

A Pardon for Pardoning of Wm. Joice, convicted for stealing a Gelding, in the County of Northampton; and of Anthony Cooper Clerk, convicted for stealing a Gelding; and of Ann Gill, convicted in the County of Nottingham, for having Two Husbands; and of Alice Dorbaggs, convicted in the County of Lincoln, for Burglary; was this Day read; and, upon the Question, assented unto: And

It is Ordered, That the Lords Commissioners for the Great Seal of England be, and are hereby impowered and authorized to pass the same under the said Great Seal, accordingly.

A Pardon for Pardoning of Robert Ridgway, Wm. Ireland, Henry Wilmore, Wm. Spicer, John Baldwin, Robert Tayler, and Wm. Windham, was this Day read; and, upon the Question, assented unto: And

It is Ordered, That the Lords Commissioners for the Great Seal of England be, and are hereby, impowered and authorized to pass the same, under the said Great Seal accordingly.

Generals at Sea.

Ordered, That an Act be brought in for continuing Colonel Popham, Colonel Deane, and Colonel Blake, Generals of the Forces at Sea, for another Year, from the Determination of their former Commissions: And that Mr. Lechmere do prepare and bring in the same forthwith.

Persons Pardoned.

A Pardon for Pardoning of John Genoa and Richard Bradocks, was this Day read.

The Question being put, That this House doth agree to the Pardon unto Richard Braddocks, and John Genoa, for the Murder of Watkin Prees, of Glasbury, &c.;

The House was divided.

The Yeas went forth.

So it was Resolved, That this House doth agree to the Pardon unto Richard Braddocks, and John Genoa, for the Murder of Watkin Prees, of Glasbury: whereof they were indicted and convicted at Presteyn in the County of Radnor: And that the Lords Commissioners for the Great Seal of England be authorized and required to pass the same under the said Great Seal accordingly.

Adjutants General.

Ordered, That the Business concerning the Adjutants General be taken into Consideration on Wednesday next.

Delinquents Estates.

The House resumed the Debate upon the Amendments to the Act for Sale of the Lands of several Delinquents.

Mr. Garland reports from the Committee, a Proviso to the said Act, in these Words; "Provided always, and be it further Enacted, That all and every Person or Persons, that shall make it appear unto the Committee in this Act named, That their Contract and Conveyance in pursuance thereof, were bona fide made and executed before any open Fact of Treason, by any of the Traitors in this Act named; the said Contract and Conveyance thereupon shall be allowed good and effectual to such Person or Persons, their Heirs and Assigns, to all Intents and Purposes, according to the Tenor thereof; any thing in this Act to the contrary in anywise notwithstanding."

Which was twice read.

Ordered, That this Proviso be re-committed to Sir Henry Vane, Mr. Garland, Mr. Martyn, Sir James Harrington, Mr. Robinson: Who are forthwith to withdraw; and to bring it in forthwith.

Stonehowse Petition.

The humble Petition of Sir James Stonehowse Baronet, was this Day read.

Delinquents Estates.

Ordered, That the Committee to whom the said Proviso was committed, do meet this Afternoon, in the Speaker's Chamber; and so de die in diem: And that they bring in the same on Tuesday Morning next: And that Major Salwey be added to that Committee.

A Proviso was tendered to the said Act, "That nothing in this Act contained shall extend to take away the Benefit of any Mortgage, Statute, Recognizance, Judgment, or other legal Incumbrance, to which any the Honours, Manors, Lands, Tenements, or Hereditaments, in this Act contained, were subject or liable before the Day of 1640; but that all Person and Persons claiming, or to claim, by or under any such Mortgage, Statute, Recognizance, Judgment, or other legal Incumbrance or Incumbrances, shall, before the Committee of Obstructions for Sale of Dean and Chapters Lands, or any Five or more of them, within Days after the passing this Act, make such legal Incumbrance or Incumbrances to appear: Which said Committee, or any Five or more of them, are hereby authorized to examine Witnesses upon Oath; and, by all other good Ways and Means to discover what the Truth of such legal Incumbrances are, and what is due upon every such Incumbrance or Incumbrances in Law and Equity; and to set out of every such Delinquent's Estate, liable to such Incumbrance or Incumbrances, a sit and just Proportion for Satisfaction of the said true Debt, without Penalty or Forfeiture: Which Proportion so set out shall be enjoyed by the Party or Parties to whom the same shall be so set out of such Estate and Estates, as by Five or more of the said Committee shall be thought fit, so as the same be entered before the Trustees for the Sale of the said Delinquents Estates, or enrolled in Chancery, before the Day of next ensuing the Passing of this Act."

Ordered, That it be referred to the Committee to whom the said Proviso is referred, to consider also of Judgments, Statutes, and Recognizances, amongst other Conveyances and Assurances.

Ordered, That this Debate be adjourned until Tuesday Morning next, Eight of Clock.

Reports deferred.

Ordered, That the Reports from Goldsmiths Hall be made on Tuesday Morning next.

Making Iron.

Ordered, That the Bill for making Iron be reported on Thursday Morning next.

Wye Navigation.

Ordered, That the Bill for making the River of Wye navigable, be read on Wednesday Morning next.

Debentures.

Mr. John Corbett reports from the Committee of Obstructions, The Resolutions of the said Committee, touching Obstructions in allowing of Debentures; viz.

"That the Trustees allow of no Debentures, but such only as are chargeable upon the Security of the Lands of the late King, Queen, and Prince."

That in all such Debentures, as the Auditors at Worcester House do certify to the Trustees for Sale of the Honours, &c. of the late King, Queen, and Prince, that the said Auditors do observe such Form in their said Debentures, as the Committee for the Army used to do; viz. to charge the said Debentures upon such Security as is already given by Parliament."

"That such Debentures as shall be given out by the said Auditors, not being chargeable upon the Security of the said Lands, that the said Debentures be not charged by the said Auditors upon any Security till the Parliament give further Order."

And also reports an Expedient to remove the said Obstructions.

Which were this Day read; viz.

By the Trustees for Sale of the late King's Lands, &c. and the Auditors for the Accompts of the Soldiery.

WHEREAS the said Trustees do not apprehend themselves sufficiently authorized to give Debentures, in Nature of Bonds, charged upon the Security of the said Lands, upon such Debentures as are assigned by the said Auditors, in pursuance of the Acts of Parliament 28 Maii and 23 Novembris 1649, unless the said Auditors do certify (with such Debentures), that the Arrears therein mentioned are chargeable upon the said Security; which the said Trustees do apprehend the said Auditors ought to do: And the said Auditors conceive they are not impowered, by either of the said Acts, to determine of the Security; but only to state Accompts, and give Debentures; but that the Power of determining who are to have the Security, is vested only in the said Trustees; by means of which different Understandings of the said Acts, the said Trustees allowing of the said Debentures signed by the said Auditors, and giving Security thereupon, is wholly obstructed: Yet, forasinuch as it is verily believed, both by the said Trustees and Auditors, that the Arrears of all such Officers and Soldiers as are certified by their Superior Officers (under their Hands and Seals) to the said Auditors to be within the First and Second Lists mentioned in the said Act of 28 Maii 1649, and also the Arrears of all Officers and Soldiers engaged for Ireland, in the late Expedition, are intended by the Parliament to be within the said Security; but not so clearly expressed, as to warrant the Applying of the Security:

In Obedience to the Direction of this honourable Committee, the said Trustees and Auditors do humbly propose, as an Expedient for Removal of the said Obstruction,

That the Parliament would declare, That the said Trustees may give the said Security upon all such Debentures of the said Officers and Soldiers, as shall be signed by the said Auditors, or any Three or more of them, in pursuance of the said Act, and marked as well in the Margents of the said Debentures, as in the Duplicates thereof, to be transmitted by the said Auditors, to the said Trustees with "L. 1," and "L. 2," signifying, List First, and List Second, or the Word "Ireland," signifying, that such are the Debentures of those who are certified by their superior Officers, in Lists under their Hands and Seals, according to the said Act of Parliament of 28 Maii 1649, to have been in the Parliament's Service at the Time of disbanding Supernumeraries 1647; or engaged for the Service of Ireland: And that all such Persons, and their Assigns, be likewise declared to have the said Security accordingly.

All which they humbly submit to the grave Consideration of the said honourable Committee.

Ordered, That it be recommended to the said Committee, to present their Opinion therein to the Parliament: and to bring in an Act accordingly, to be presented to the House.