House of Commons Journal Volume 6: 31 July 1651

Thursday, the 31st of July 1651.

Prayers.

Bourchier's Claims.

ORDERED, That it be referred to the Committee for removing Obstructions in the Sale of the Lands of the late King, Queen, and Prince, to consider of the Right of Sir John Bourchier to that Part of Westmore, which lies in the new Park in the Forest of Gualtres in the County of York, according to the Power given them by the Act; and, upon hearing all Parties, to hear and determine the Matter; and to give them Relief therein, as they shall find just; and likewise of his Right to the other Part of Westmore; and to report the State thereof, with their Opinion therein, to the Parliament: And that the same Committee have also Power to consider of the Sufferings and Injuries done to Sir John Bourchier, mentioned in the Report; and his Loss of Common, Hedgewood, and Fireboot, in the said Forest; and to call the Persons concerned therein before them; and, upon hearing both Parties, and Witnesses on either Side, to report the State of the Case to the Parliament, with their Opinions therein, for his Relief.

Navy Supply.

Ordered, That the Sixty thousand Pounds, charged, by Order of Parliament, of the Tenth of July instant, upon the Receipts of Goldsmiths Hall, in Course, for the Use of the Navy be paid next in Course after the Twenty thousand Pounds charged, by Order of Parliament, of the First of April last, upon that Receipt, for Supply of the Stores, and, by Order of the Eighteenth of April last, appointed to be paid out by Warrant from the Council of State: And that the Commissioners for Compounding be authorized and required to issue their Warrants for Payment of the said Sixty thousand Pounds, next in Course after the said Twenty thousand Pounds, accordingly.

Carmen.

Ordered, That the Business touching the Carmen be reported on Wednesday next.

Arrest of Navy Treasurer.

Colonel Thompson reports from the Committee of the Navy, The Matter of Fact touching the Attaching of Three hundred Pounds in the Hands of Mr. Richard Hutchinson, Treasurer of the Navy; and the Judgment thereupon had in the Sheriffs Court London, by John Davies, as due to Captain Saltonstall; and the Committee's Opinion therein.

IN pursuance of an Order of Parliament, of the Eleventh of this Instant, whereby it is referred unto this Committee, to examine the Matter of Fact upon the Information given touching the Arresting of Mr. Richard Hutchinson, the Treasurer of the Navy, and the Three hundred Pounds of the Money of the Commonwealth, attached in his Hands, and deposited by the Treasurer of the Navy in the Sheriffs Hands; and to report the State of the Case to the Parliament; this Committee having summoned Mr. John Davies, senior, at whose Suit the Attachment lay, and his Son John Davies, and several Officers and Ministers of the Sheriffs Court, London: who accordingly appearing on the Twelfth of this Instant; a Narrative, which was presented unto this Committee by the Treasurer of the Navy, hereto annexed, was read unto them; the respective Particulars whereof the Parties therein concerned could not deny.

At which time also a Petition was presented, in the Name of the said John Davies senior, by his Son, hereto also annexed: Wherein is set forth, by way of Acknowledgment, the State of his Proceedings, in procuring the Judgment and Execution, and serving the same upon the Treasurer, and Attachment of the Monies; which agree in Substance with the Narrative of the Treasurer.

Upon Consideration whereof had, it was ordered, That it be reported to the Parliament, as the Opinion of this Committee; viz.

1. That it doth appear unto this Committee, That there was no Monies in the Treasurer's Hands belonging to Captain Saltonstall; and that the Monies claimed from the State by Captain Saltonstall was not liable to any Attachment in the Hands of the Treasurer; for that he could not have any Discharge for any Money by him paid, but only by Order from the Parliament, or the Committee of the Navy, he being a Servant to the Parliament; and what Money is committed to his Charge, by the State, the same is the Commonwealth's Money, until it be actually paid.

2. That it appears unto this Committee, That, at the time when the Treasurer of the Navy was garnished into the Sheriffs Court, he was then employed upon the special Affairs of the State.

3. That it was by the Officers confessed, before the Committee, That the Return that he made of the garnishing Mr. Hutchinson, was made by him to one Mr. Herbert's Boy, who was no sworn Clerk; and that, at the same time, when he made the Return to Mr. Herbert's Boy or Clerk, he told him, That Mr. Hutchinson answered, That he was the State's Officer, and had none but the State's Money: And the said Officer made no Return to any other Person; but as aforesaid: And it appears to the said Committee, by a Certificate under the Hand of the Town Clerk of London, That the said Mr. Herbert, at that time, stood sequestred from officiating his Place in the Compter.

4. That the Three hundred Pounds, deposited by the Treasurer of the Navy in the Hands of Mr. Sheriff Chiverton, be repaid by him unto the Treasurer of the Navy; and that the Sheriffs of London be indemnified for the same against Mr. Davies, and all other Persons whatsoever.

5. That the Judgment entered against Mr. Hutchinson be discharged; and Mr. Davies have his Remedy at Law against Captain Saltonstall, for his said Debt due upon Bond, as fully, in all respects, as if the said Judgment had never been obtained: And that Serjeant Green, Judge of the Sheriffs Court, be ordered to vacate the same accordingly, as is acknowledged, by his own Certificate, to have been in several particular Cases, upon less Grounds of Reason [ (fn. 1) ].

As also a Petition of John Davies, an ancient Citizen of London, formerly inhabiting near the Customhouse, but now a Prisoner for Debt in the Upper Bench, directed to the Committee of the Navy.

Which was this Day read.

He also reports, A Certificate of Mr. Serjeant Green, in this Business.

Which was likewise read.

Resolved, by the Parliament, That all Orders of Parliament, or of the Committee of Parliament, for the Navy, touching the Three hundred Pounds recovered by Davies against Mr. Richard Hutchinson, Treasurer of the Navy, be revoked: And that the Matter be left to the Sheriffs Court, London, where the Judgment was had, to do therein according to Justice.

Records.

Resolved, That, the Lord Commissioner Whitelock do make report touching the Business of the Records on Friday next.

Potter, &c. respited.

Mr. Attorney General reports from the High Court of Justice, The ingenuous Carriage and Confession of Henry Potter, Apothecary, at his Tryal; and likewise, The humble Petition of the said Henry Potter.

Which Petition was now read.

The humble Petition of John Gibbon, a condemned Prisoner at Newgate, was this Day read.

The Question being propounded, That the Execution of Henry Potter, condemned by the High Court of Justice, be respited until the Fifteenth of August next;

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

It passed with the Negative.

Resolved, That the Execution of Henry Potter, condemned by the High Court of Justice, be respited until the Fifteenth Day of August next.

Resolved, That the Execution of John Gibbon, condemned by the High Court of Justice, be respited till the Fifteenth of August next.