House of Commons Journal Volume 5: 20 May 1647

Die Jovis, 20 Maii, 1647.

Prayers.

Magdalen's Hospital.

ORDERED, by the Lords and Commons, in Parment assembled, That Henry Kelsey Gentleman, eldest Son of Edward Kelsey, of Pittleworth in Com. Southampton, Gentleman, shall be, and is hereby nominated and appointed, Master and Governor of Magdalen's Hospital in the County of Southampton, near Winchester; to hold and exercise the said Place of Master or Governor of the said Hospital, according to the Orders and Constitutions thereof, as amply as any other late Master or Governor of the said Hospital hath heretofore lawfully had and enjoyed the same: And the Rights, Profits, and Advantages belonging to the Mastership of the said Hospital, are hereby granted and confirmed to the said Henry Kelsey, accordingly.

The Lords Concurrence to be desired herein.

Mr. Love is appointed to carry it to the Lords.

Delinquents.

The House proceeded to the Consideration of the Reports from the Committee at Goldsmiths Hall: And upon Consideration of the Delinquency of Roger Mallack, of Exon, Merchant;

It is Resolved, &c. That this House doth set the Fine of Two thousand Four hundred Fifty Pounds upon Roger Mallack, of Exon, Merchant, for his Delinquency; being One thousand Pounds more than the Fine that was brought-in by the Committee.

An Ordinance for Discharge of the Delinquency and Sequestration of Roger Mallack, of Exeter, Merchant; his Estate being, in Old Rents in Fee, per Annum, Nineteen Pounds and Fifteen Shillings; in Demesnes in Fee, Two hundred Thirty-two Pounds and Five Shillings per Annum; Eighty Pounds per Annum, for Three Lives: for Eighty Years, per Annum, Sixteen Pounds; for Two Lives, per Annum, One hundred Fifty-four Pounds; in Fee in Reversion, per Annum, Six Pounds, for Two Lives; after One Life, per Annum, Six-and-twenty Pounds; for one Life, after a Life, Seven Pounds and Ten Shillings per Annum; in Personal Estate, Four thousand Three hundred and Eleven Pounds; and for granting a Pardon to him for his said Offences; was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of Forty Pounds, of Edward Trinlett, of Boseham, in the County of Sussex, Yeoman, for a Fine, for his Delinquency: His Offence is, That he was in Arms against the Parliament: His Estate is Nineteen Pounds and Three Shillings per Annum.

Resolved, &c. That this House doth accept of the Sum of Twenty Pounds, of Thomas Pierce, of Boseham in the County of Sussex, Yeoman, for a Fine, for his Delinquency: His Offence is, That he was in Arms against the Parliament: His Estate is Twenty Pounds per Annum for Life.

Resolved, &c. That this House doth accept of the Sum of Eighty Pounds, of Thomas Kercher, of Harsley in the County of Southampton, Gentleman, for a Fine, for his Delinquency: His Offence is, That he was in Arms against the Parliament: His Estate in Fee is Forty Pounds per Annum.

Resolved, &c. That this House doth accept of the Sum of Four-and-twenty Pounds Sixteen Shillings, of William Goble, of Boxgrove in the County of Sussex, Yeoman, for a Fine, for his Delinquency: His Offence is, That he was in Arms against the Parliament: His Estate is Twelve Pounds Eight Shillings per Annum for One thousand Years.

Resolved, &c. That this House doth accept of the Sum of Five-and-Forty Pounds, of John Fisher, of Chute in the County of Wiltes, Gentleman: His Offence is, That he was in Arms against the Parliament: His Estate in Fee is Three Pounds Ten Shillings per Annum; for Three Lives, Sixteen Pounds Ten Shillings per Annum; and in Personal Estate, One hundred and Forty Pounds.

An Ordinance for granting a Pardon unto Edward Trinlett, of Boseham in the County of Sussex, Yeoman; Thomas Pierce, of Boseham in the County of Sussex, Yeoman; Thomas Kercher, of Harsley in the County of Southampton, Gentleman; William Goble, of Boxgrove in the County of Sussex, Yeoman; and unto John Fisher, of Chute in the County of Wiltes, Gentleman; for their respective Delinquencies; and for Discharge of the Sequestrations of their respective Estates; was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of Seven hundred Sixty-three Pounds, of Robert Kirkham, of Finched in the County of Northampton, Esquire, and of Walter Kirkham his Son, for a Fine, for their Delinquencies: The Delinquency of the Father is, Forsaking his Dwelling, and residing in the Enemy's Quarters: The Offence of the Son is, Bearing Arms against the Parliament: And they rendered sithence December 1645: The Father is seised in Fee and Fee Tail, in Possession, of an Estate, of the Value of Seven hundred Twenty-andtwo Pounds per Annum; out of which issues One hundred and Sixty Pounds per Annum, for Sixteen Years; Two Pounds per Annum, for Life; and Twenty Pounds per Annum, for ever: Four hundred Pounds is charged upon the Estate; and One hundred Pounds per Annum, out of the Rectories of Cotherstoke and Clopthorne, is to be settled for the Maintenance of a Preaching Minister in the said Church, and his Successors, for ever.

An Ordinance for granting a Pardon unto Robert Kirkham, of Finched in the County of Northampton, Esquire, and unto Walter Kirkham his Son, for their respective Delinquencies, and for Discharge of the Sequestration of their Estates, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

The Report of the Delinquency and Estate of Francis Newport, of Eyton in the County of Salop, Esquire, was this Day made; and was, That his Offence was, That he being some times a Member of the House of Commons, he deserted the Parliament, and went to Oxford; was taken at Oswesiree, in the Year One thousand Six hundred Fortyand-four, in Arms against the Parliament: He took the Covenant in November One thousand Six hundred Fortyand five: His Estate in Fee, in Possession, is Nine hundred Twenty Pounds Twelve Shillings and Seven-pence per Annum; in old Rents, Three-and-thirty Pounds per Annum; in Reversion, after One Life, One thousand Eleven Pounds Seven Shillings and Two-pence; in Reversion, after the Leases expired, Four hundred Twenty-one Pounds Three Shillings Nine-pence; in old Rents, after a Life, One hundred Ninety-five Pounds Five Shillings and Fourpence; out of which issues One hundred Pounds for One Life, and Eighteen Pounds One Shilling and Five-pence for ever: For which, the Committee propounded, after a Third, the Fine of Nine thousand Four hundred Thirtysix Pounds Seventeen Shillings and Six-pence.

The humble Petition of Francis Newport Esquire was this Day read.

The Question was propounded, for agreeing with the Committee in the Fine of Nine thousand Four hundred Thirty-six Pounds Seventeen Shillings and Six-pence, set upon Mr. Francis Newport, for his Delinquency.

And the Question being put, Whether this Question shall be now put;

It passed with the Affirmative.

The Question being put, Whether Mr. Francis Newport shall pay the Fine of Nine thousand Four hundred Thirty-six Pounds Seventeen Shillings Six-pence, for the Pardon of his Delinquency, and taking off the Sequestration of his Estate;

The House was divided.

The Yeas went forth.

So that the Question passed with the Affirmative.

Resolved, &c. That the Lady Day Rents shall go in Part of the Fine.

Northampton Petition.

Ordered, That the Petition from the County of Northampton be read To-morrow Morning.

London Petition.

Resolved, &c. That the Persons that delivered a Petition the other Day to Mr. Holles, to be presented to the House, shall be called in to avow the said Petition.

The said Persons were accordingly called in: And the Petition, directed, To the Right Honourable the Commons of England, assembled in Parliament; and intituled, The humble Petition of divers well-affected People, in and about the City of London; was shewed to the said Persons, being called in. And Samuel Highland, Sabine Staresmore, John Davies, William Browne, Robert Hall, Benjamin Wood, and divers others that came in to the Bar, did avow the said Petition.

The said Persons being withdrawn, the Petition was read.

Resolved, &c. That this Petition is a high Breach of Privilege.

Resolved, &c. That this Petition is insolent and seditious.

Resolved, &c. That this Petition shall be burnt by the Hand of the Hangman.

The Paper, in Form of a Petition, formerly read, directed, To the Right Honourable and Supreme Authority of this Nation, the Commons, in Parliament assembled; and intituled, The humble Petition of many Thousands, earnestly desiring the Glory of God, the Freedom of the Commonwealth, and the Peace of Men; was this Day read again.

The Question being put, Whether this Paper, thus directed, to the Right Honourable and Supreme Authority of this Nation, the Commons, in Parliament assembled; and intituled, The humble Petition of many Thousands, earnestly desiring the Glory of God, the Freedom of the Commonwealth, and the Peace of all Men; shall be burnt by the Hand of the Hangman;

The House was divided.

The Yeas went forth.

So that the Question passed with the Affirmative.

The Question being put, Whether the Time and Place, where and when the Petition and Paper aforesaid shall be burnt, shall be Saturday next, at Twelve of Clock at Noon, in the New Palace at Westminster, and at the Old Exchange;

The House was divided.

The Yeas went forth.

So that the Question passed with the Affirmative.

Resolved, &c. That the Sheriffs of London and Middlesex be required to take care that the Petition and Paper aforesaid be burnt at the Time and Place, accordingly.

It was informed the House, and affirmed by several Members, That William Browne should say on Friday Night, 30 Aprilis, "That they had been waiting many Weeks for an Answer to this Petition; and now they see they shall have none, and take it for a flat Denial; therefore, now we are resolved to take another Way, or Course:" Being asked, Whether this were fit Language to be given at the Door of the Parliament House:- Asked, What was his Name; answered, "The Time may come, when I may ask your Name in another Place."

Resolved, &c. That William Browne be sent for in, as a Delinquent.

William Browne was called in to the Bar, as a Delinquent; and kneeled a-while; and then was bid rise: And Mr. Speaker acquainted him with the Language aforesaid, that he was charged with. He denied he said he would take it for a flat Denial; and that they would take another Way, or Course:-Did not know whether he was asked, Whether this were fit Language to be given at the Door of the Parliament:-Denies that he said, That the Time may come that he might ask him his Name in another Place. He said, "The Time might come that he might give in his Name;" or to that Effect.

Resolved, &c. That William Browne be committed Prisoner to the Prison of Newgate, there to continue during the Pleasure of the House, for affronting Members of the House, at the Door of the House, as they came out, from the publick Service of the Kingdom.

Resolved, &c. That Wm. Browne shall be called in to the Bar; and there the Judgment of the House pronounced against him.

The said Wm. Browne was accordingly called in: And Mr. Speaker, by the Command of the House, acquainted him, That the House was abundantly satisfied, by Members of their own, of his Carriage, and the Language charged upon him: And had therefore adjudged him to be committed Prisoner to Newgate.

Resolved, &c. That the Petitioners shall be called in; and acquainted with the Sense this House has of their Petitions expressed in their Votes.

The Petitioners were accordingly called in: And Mr. Speaker, by the Command of the House, acquainted them, That the House had considered of this Petition preferred by them this Day; and likewise of That other, which they formerly desired to prefer; And, as to This preferred this Day, they have voted it a high Breach of Privilege, an insolent and seditious Petition; and have adjudged it to be burnt by the Hand of the Hangman: As for the other mentioned in This; and which they formerly desired to prefer; they have, upon full and due Consideration of it, adjudged it likewise to be burnt by the Hand of the Hangman. By these Votes and Judgments they might perceive the high Sense the House has of these Petitions: And that, ordinarily, Petitions of this Nature do draw evil Consequences upon the Petitioners; But the House, that looks with a tender Eye upon all the People of the Kingdom, doth look with the same Eye upon the Petitioners; and do not conceive, that they were acted in this Business by any malicious Intentions, but only misled: Therefore they forbear to proceed any further towards the Petitioners; expecting, That from This they should be advised to forbear to be active in, or to prefer, any Petitions of this Nature.

Forgery of Clerk's Hand.

Ordered, That Mr. Twisden be, To-morrow, acquainted with the Message formerly sent from the Lords, concerning the Copy of an Act of Parliament, with their Clerk's Hand, forg'd, to it, informed to be in his Custody.