House of Commons Journal Volume 6: 25 July 1651

Friday, the 25th of July, 1651.

Prayers.

Successes in Scotland.

A LETTER from the Lord General, of July, the One-and-twentieth, 1651, was this Day read.

Resolved, That Phineas Paine, the Messenger who brought the Letters from the General, have Fifty Pounds for a Reward: And that the Council of State do take care for Payment thereof, accordingly.

Ordered, That the Lord General's Letter be forthwith printed and published.

Ordered, by the Parliament, That upon the next Lord's Day, the Ministers in all the Congregations within the City of London, and late Lines of Communication, and weekly Bills of Mortality, do render Thanks to Almighty God for his great Mercy in the great Success given to the Parliament's Forces in Scotland against the Enemy there, upon the last Lord's Day, being the Twentieth Day of July instant; and implore the Continuance of God's Blessing upon the Proceedings of the Forces of this Commonwealth there, and the Perfecting of his own Work to his Praise.

Ordered, That this Order be forthwith printed and published: And that the Lord Mayor of the City of London, and the Sheriffs of London, Middlesex, and Surrey, respectively, do take care that timely Notice hereof be given to the several Ministers, accordingly.

Ordered, That a Letter of Thanks be sent to the Lord General from the Parliament; and that Notice be therein taken of the Parliament's good Acceptance of the great Service of Major General Lambert, and the rest of the Officers; with the Thanks of the Parliament to be intimated unto them in that Letter: And the Council of State are to prepare the Letter, and the same to be signed by Mr. Speaker, and by him sealed with the Seal of the Parliament.

Garisons.

Resolved, That it be referred to the Council of State, to take into speedy Consideration the Business touching the slighting the inland Garisons, according to the former Order of Reference to them; and to give an Account of it to the House, with all possible Expedition.

Dover Harbour.

Mr. Leman reports from the Council of State, touching the Harbour of Dover, as followeth; viz.

At the Committee of the Council of State, for carrying on the Affairs of the Admiralty;

IN pursuance of an Order of the Council of State, dated the First of March last, referring to the Consideration of this Committee an Order of Parliament, concerning the Harbour of Dover (now out of Repair); and how the same may be preserved; and what Revenue there is for the Maintenance thereof; and how it is disposed of;

This Committee, having examined the present Condition of the said Harbour, do find, by several Certificates under the Hands of the Mayor and Jurates of Dover, and by the Surveyors of the said Harbour, that the said Harbour, for want of Repair, is in very great Danger; and, if not speedily repaired, will be totally lost; to the great Prejudice of many the Inhabitants of the said Town, and to the Commonwealth.

And forasmuch as it is represented unto this Committee, by those that are intrusted concerning the Harbour, that the said Harbour was at first erected by Henry the VIIIth, at his Charge of Sixty thousand Pounds; and that, since that time, care hath been taken by the Parliament for its Maintenance; viz. The Three-and-twentieth of Queen Elizabeth an Act of Parliament was made, of Threepence per Ton of all English Vessels trading throughout the Land with Merchandize, for the Repair of the said Harbour; to continue for Eight Years: The First of King James the said Act was renewed, and no Passage at any other Port to France, for Benefit of the said Harbour: The late King, in the Thirteenth Year, granted an Increase of a new Duty of Twelve-pence per Pack of all Composition Goods between Dover and Flanders: But the Merchant Strangers having lately withdrawn themselves to other Parts, above Two hundred Dwellinghouses stand empty, and all that Revenue come to little, at most but Sixty Pounds per Annum.

That the whole Revenue belonging to the said Harbour being now not above Two hundred and Fifty Pounds per Annum, and Part of that in Arrear;

That the Seizure of Four hundred Pounds, formerly assigned, and the other Eight hundred Pounds, out of the Sequestrations of Kent, for the Repair of the said Harbour, being totally expended, and about Two hundred and Fifty Pounds owing for Timber;

That the Estimate of the Charge to make the said Harbour firm and durable, will amount to about Four thousand Five hundred Pounds.

That, there being a Necessity of Two thousand Pounds to be forthwith provided and laid out this Summer, for the Repair of the said Harbour;

On Consideration of all which it is resolved, That it be reported to the Council of State, as the Opinion of this Committee, That the speedy Repair of the said Harbour will be a very good Service to the Commonwealth; and do therefore humbly offer it to the Council, That they would be pleased to recommend it to the Parliament, to take care that Two thousand Pounds be speedily provided to go on with the Work this Summer, out of what Treasury they shall appoint; and that Care may be had for the future Reparation and Preservation of the said Harbour.

Resolved, That One Thousand Pounds be forthwith provided for Repairing of the Harbour of Dover.

Resolved, That it be referred to the Committee of the Navy, to pay the said Sum of a Thousand Pounds, for the Repair of the said Harbour, as there shall be occasion to lay out the same in that Business this Summer: And that the same be paid to the Warden and Assistants, or Commissioners, or such Person or Persons as they shall appoint for that Purpose: Whose Acquittance or Acquittances shall be a sufficient Discharge to the Committee of the Navy, and the Treasurer, who shall pay the same.

Decayed Vessels, &c.

An Act touching the Sale of decayed Vessels, and unserviceable Ships, Boats, &c. was this Day read the First time.

Ordered, That the Council of State be authorized to give Direction to the Commissioners of the Navy, to make Sale by the Candle, or otherwise, of all such decayed, useless, and unserviceable Ships, Boats, Provisions, and Stores, being and remaining in any of the State's Storehouses and Yards, belonging to the Navy; and that the Monies that shall arise by such Sale, shall be paid by the respective Parties from whom the same shall be due, unto the Treasurer of the Navy for the Time being, upon Certificate under the Hands of Three or more of the said Commissioners: And that the said Money, so to be raised, shall be issued and paid by the Treasurer of the Navy for the Time being, as the Committee of the Navy shall order and direct, for the Use of the Navy, and not otherwise.

Ordered, That Thursday next be set apart for Colonel Thompson to make the Report concerning the Navy: And that the Business touching the Three hundred Pounds, concerning the Treasurer of the Navy, be first reported by him.

Monson's Fine.

Mr. Attorney General reports from the Commissioners for Articles, The Case of Sir John Mounson.

By the Commissioners for Articles, &c. 18 Julii, 1649.

UPON the Petition of Sir John Monson, and Hearing of his Cause, he seeking to be relieved upon the Articles of Oxford; this Court finding it to be a Case distinct from others who claim Benefit by the said Articles, in respect of the particular Promise and Engagement to himself by the Commissioners, who treated for the Lord General, wherein their Faith and Honours especially, as also of the General who impowered them, and of the Army whereof they were and are Members, is very much concerned; and finding it to be the Sense of both Houses, expressed in their respective Orders, that he should be considered of, and relieved, according to the Merits of his particular Case; yet the Power of that Relief not being communicated to this Court by the Act whereby they sit; do think fit, that the Case of Sir John Monson, stated and proved to this Court, and hereunto annexed, shall be reported to the House; and desire that Mr. Attorney General, a Member of Parliament, and Assistant to this Court, who hath been present at the whole Debate, report the same accordingly, for their Resolution, and final Direction therein.

Sir John Monson's Case.

THAT he was a Commissioner in the Treaty which produced the Articles of Oxford; one of which was for the Parties comprised not to pay above Two Years Value for their Estates of Inheritance.

That Dispute being, whether the same should refer to the then present or past Value of Estates, the particular Engagement of the Commissioners for the Parliament .. Lord General at that Treaty to him was, that he should not pay above Two Years present Value for his Estate of Inheritance, at the most.

That, notwithstanding this Engagement, his Fine was set, by the Commissioners at Goldsmiths Hall (having no Latitude of Power to proceed otherwise, to Two thousand Two hundred and Fifty-eight Pounds; of which he hath paid Thirteen hundred and Thirty-eight Pounds; which, according to the said Engagement, respecting the then Value of his Lands, is fully as much as he is obliged to pay, if that Engagement be observed.

That the Remainder of Sir John Monson's Fine, unpaid, being about Nine hundred Pounds, the Lords House formerly [ (fn. 1) ] ordered the Representing of it to the Commons House, for Remitting thereof.

The Commons House, as to the Mitigation of Sir John Monson's Fine, appointed a Day for Consideration thereof; and no Advantage, in the mean time, to be taken of not paying in his Arrears; and afterwards ordered all Delinquents Cases, appointed to be considered of, to be referred to Goldsmiths Hall, to hear and determine, according to the Merit of their particular Cases, according to the Rules formerly given by that House.

The Commissioners of Goldsmiths Hall certify the Commissioners for Articles, that they have proceeded according to the Articles of Oxford, in setting Sir John Monson's Fine, according to the Rules of that Committee.

Putney, October Sixth 1647, at the Committee of General Officers.

ACCORDING to a Reference to us from your Excellency, dated the Third of October 1647, we have examined the Petition of Sir John Monson; and, in Obedience to your Excellency's Commands, do certify what appears to us to be the State of his Business, with our Opinions upon it.

We find, That he came in upon Oxford Articles: And as a Commissioner in that Treaty, he carried himself with so much Fairness and Clearness, in the true Representation of all things, in order to the carrying it on (though with Justice to his Trust and Principles), as expressed a very public Affection to the Happiness of this Kingdom, and a Conclusion of this War; insomuch as the Commissioners for your Excellency then thought, he deserved so well in it, as that it had been very fit he should have paid very little or nothing for his Fine; and that he carried himself very like a Gentleman; and that he did not attempt to make any personal Advantage, by his public Trust; nor make any private Conditions for himself.

That, upon the Penning of the Articles, the Two Years Value was left indefinite, and not determined, either to the present or former Value; purposely that there might be a Latitude to make a Difference of Persons in their Composition: And that the Engagement of the Commissioners to him, in the open Treaty, was, that he should enjoy the Benefit of the Articles in that Point, in the most favourable, advantageous Sense, so as not to pay above Two Years present Value for his Estate of Inheritance, at the most: All which appears to us by several Letters then written in his Behalf, by the Certificate of the Commissioners, and by the Knowledge and Testimony of some of them now amongst us.

That, notwithstanding this, his Fine appears to us to be set according to the highest Value of his Estate (there being no Latitude of Power in the Commissioners of Goldsmiths Hall to admit him otherwise); and come to Two thousand Two hundred Fifty-eight..., of which he hath paid Thirteen hundred and Thirty-eight Pounds; for Proof whereof he appeals to the Register of Goldsmiths Hall; Which Sum of Thirteen hundred and Thirty eight Pounds, already paid by him, seems to us to be more than the whole Fine should have come to, if he had received the intended Benefit of the Articles, and Engagement of the Commissioners to him; his Composition for his Estate being rated, at the highest Value, of Two thousand Four hundred Pounds per Annum, deducting out of it the Annuities charged upon it; when it did not yield, as it was then lett by the Sequestrators, above Fourteen hundred Pounds per Annum, at the most, for that Year, as is informed, and Oath offered to make it good.

That there appears to us, to be issuing, out of his Estate, Two Rent Charges, due to Sir Richard Lucy and Mr. Barrow, both Members of the House of Commons, to the Value of Four hundred and Ninety-seven Pounds per Annum: Yet the whole Benefit of the Estate having been received by the Committee of Lincolnshire, for divers Years past, and expended for the Service of the State;

The said Rent Charges appears not to have been paid by the said Committee out of the Revenue; but left upon the Estate, though demanded by the Owners according to their Deeds; by which the Estate remains much charged (now he hath compounded): Which Arrears incurred while the Parliament had the Benefit of the Estate in Sequestration; insomuch as the said Sir Richard Lucy and Mr. Barrow (as is informed, and Oath offered) claim above Two thousand Four hundred Pounds from him, as Arrears since these Troubles: Whereas so much of this as was received by the Committees of Mr. Barrowe's Annuity, they are ordered to pay, or let him enter upon the Estate; as appears to us, by an Order of the Lords and Commons for Sequestrations, dated the Twenty-sixth of June, 1646, and another of the Committee of Lincoln, dated the Sixth of August 1646: That, though he desires, upon the Grounds before mentioned, that he might have the intended Benefit of the Articles in the most favourable Sense, according to the Commissioners Engagement to him, and accordingly his Fine to be reduced to two Years present Value of his Estate of Inheritance, as it was then lett; and to be freed of those Arrears, so unduly, and contrary to Ordinance of Parliament, fallen upon him; yet, in Consideration thereof, he may be remitted the Remainder of his Fine yet unpaid, which comes to about Nine hundred Pounds: Though it be much less than he might justly expect, he should rest satisfied therewith, to avoid further Trouble, in regard of the Difficulty to get back any Part of what he hath paid: In which his last Desire, we conceive, upon the Grounds before mentioned, to be so modest and reasonable, as that it will be both just and honourable for your Excellency, by your Letter, and Recommendation of his Case to the Parliament, to endeavour effectually to obtain that Reparation for him: And, with relation to the aforesaid Assurance given him by your Excellency's Commissioners, who humbly conceive the Honour of your Excellency and the Army to be engaged hereunto.

Resolved, That the Parliament doth accept of the Money paid in by Sir John Monson at Goldsmiths Hall, being Thirteen hundred Thirty-eight Pounds, in full Discharge of his Fine, upon his Composition for his Delinquency: And that the Commissioners for Compounding be authorized and required to take off his Sequestration, and all further Penaly, Forfeitures, and Proceedings against him and his Estate, in respect of the said Fine.

Vane's Estate.

The humble Petition of Sir Henry Vane the younger, Knight, was this Day read; with an Order by the Commissioners for Compounding with Delinquents, 19 November 1650, in these Words:

By the Commissioners for Compounding with Delinquents, 19 November 1650;

IT is this Day Ordered, That Montagu Earl of Lindsey shall have, and hereby hath, Power given him to sell the Manor of Bellue Abye and Swaby Well, and Part of Fishtoft and Hiptost, Part of his Estate compounded for: And the same are hereby absolutely discharged from Sequestration: And that the Purchaser, nor the said Lands, shall not be charged with any Undervalue upon the said purchased Lands: But that the said Earl's other Lands shall be liable to such Undervalues as shall be adjudged undervalued hereafter.

Whereas the Commissioners of Goldsmiths Hall, according to an Order of Parliament of the Second of October 1650, authorizing them thereunto, did, by their Order of the Nineteenth of November 1650, give Licence to Montagu Earl of Linsey to sell, among other things, the Manor of Belean Aby, and Swaby, Part of his Estate compounded for; which they did thereby absolutely discharge from Sequestration; and that the Purchaser, nor the said Lands, should not be charged with any Undervalue upon the said purchased Lands: And whereas Sir Henry Vane the younger, Knight, hath purchased, for a full and valuable Consideration, the said Manors of Belean Aby and Swaby, with the Advowsons, and Right of Patronage, thereunto belonging: And whereas, by an Order of the Commons, assembled in Parliament, of the Fourteenth of February 1645, the Interest and Estate of all Advowsons, and Rights of Patronage, unto any Churches belonging to any Delinquent against the Parliament, should, upon their Compositions, be reserved unto the Disposal of the Parliament: It is Ordered, by the Parliament, That the said Licence of the Commissioners for Compounding be confirmed; and be a full discharge unto the said Manors and Lands of Belean Aby and Swaby from any future Question by reason of the Delinquency of the said Earl: And that the said Sir Henry Vane, and his Heirs, shall and may have and enjoy the Benefit of the said Grant of the said Advowsons, and Right of Patronage and Presentation, according to his Title by the said Purchase, as if the said Order of the Fourteenth of February 1645, had not been made: Whereof the said Commissioners for Compounding are to take notice, accordingly.

The House, according to former Order, adjourned itself to Tuesday next, Eight of Clock.