House of Commons Journal Volume 6: 5 August 1651

Tuesday, the 5th Day of August, 1651.

Prayers.

Scotts Prisoners.

SIR Henry Vane reports from the Council of State, A Letter from Sir Arthure Hesilrig, of the One-andthirtieth of July 1651, from Newcastle, touching the Scotts Prisoners.

Ordered, That it be referred to the Council of State, to take care, that such Provisions be made for the Scotts Prisoners, now in Duresme Castle, while they shall continue Prisoners there, as is fit for Prisoners of War: And that the Council of State do take care for the Disposal of them, as they shall think fit.

Gurney's Fine.

A Certificate from the Commissioners for Compounding, of the Sixth Day of December 1650, was this Day read; and the Cases of Sir Richard Gurney and Mr. Thompson, wherein the Commissioners desire Directions from the Parliament.

The Report of the Case touching Sir Richard Gurney was read; viz.

According to your Order of the Twentieth of September 1650, in the Case of the Executors of Sir Richard Gurney, Knight and Baronet, deceased, touching the Fine of Five thousand Pounds imposed upon him by the Parliament; we find,

That the Fifth of July 1642, the honourable House of Commons brought in an Impeachment in the House of Lords, against the said Sir Richard Gurney; for that he, on or about the last of June 1642, being then Lord Mayor of London, in several Places of the said City, unlawfully and maliciously caused Proclamation to be made, for the putting in Execution the Commission of Array, tending to the Raising of Forces against the Parliament, and to the Subversion of the Laws and Peace of the Kingdom: For which they impeached him in the Name of the House of Commons, and of all the Commons of England, of High Crimes and Misdemeanors: And, saving to themselves all Liberties and Advantages of exhibiting all other Accusations against him, they desired he may be called to a speedy Answer, in the Presence of the Commons.

Gurney's Fine.

The Twelfth of August 1642, the Lords, in Parliament assembled, reciting, That whereas Sir Richard Gurney Knight and Baronet, Lord Mayor of the City of London, hath been impeached by the House of Commons, for causing Proclamation to be made for the Putting in Execution of the Commission of Array; and for the Framing of Two false and scandalous Petitions, to set Division between his Majesty and the Parliament, and the Parliament and City; and for imprisoning certain Apprentices, who had framed a Petition to the Parliament; and for not punishing or proceeding against certain Rioters or Misdoers, within the City of London, acted in or about the Second of February 1641; and for refusing, or neglecting, to call a Common Council, for the Good and Safety of the said City and Kingdom, being thereunto commanded by the Authority of both Houses of Parliament;

The said Lords, having taken the said Charges into due Consideration, do find, That the said Sir Richard Gurney, Lord Mayor of the City of London, guilty of causing the said Proclamation, for putting the Commission of Array in Execution to be published, tending to the Disturbance of the Peace of the Kingdom; and of not suppressing the said Riots and Misdemeanors; and of not calling a Common Council, as he was, by Order of Parliament, required; and for these Offences; the said High Court did award and judge, First, That the said Sir Richard Gurney should be no longer Mayor of the City of London: Secondly, That he should be thereafter uncapable to bear any Office in the City of London: Thirdly, That he should be uncapable to bear or receive any further Honours thereafter: Fourthly, That he should be imprisoned in the Tower of London, during the Pleasure of that House: And, accordingly, he was put out from being Lord Mayor, and committed to the Tower.

That, the Twenty-ninth of November 1642, the Ordinance for Sitting of the Committee for Advance, and for Assessment of the Fifth, and Twentieth Part, passed both Houses.

That, in December 1642, Sir Richard Gurney, being in Prison, was assessed a Thousand Pounds, for his Twentieth Part, at Haberdashers Hall; and, for Default of Payment thereof, his personal Estate at Gourney House, London, was sequestred and sold in February 1642; and Gurney House, and Tenements adjoining, and other his Estate, was sequestred in 1642, and the Profits received until the Twentieth of November 1646.

That, the First of April 1643, the Ordinance for Sequestrations of Papists and Delinquents passed both Houses.

That, the Nineteenth of April 1644, the Committee of Sequestration for London issued out a Warrant to restrain the Rents of Sir Richard Gurney, for that he was committed a Prisoner to the Tower of London.

That, the Twenty-ninth of July 1644, the Commons, in Parliament, ordered the Committee in Goldsmiths Hall to consider of all Prisoners, whose Estates are sequestred; and to require a List of them, from several Persons that had the Custody of them; and to consider of raising Monies, by Compounding with them; and to present their Opinions, upon the whole Matter, to the House.

The Thirtieth of July 1644, the Committee of Goldsmiths Hall required the Lieutenant of the Tower (amongst others) to certify the Names of such Prisoners of Quality, under his Custody, whose Estates were sequestred.

That, by Order of Goldsmiths Hall, of the Twentieth of August, and Twenty-seventh of August 1644, a Sub Committee was appointed to consider of the Estates and Delinquencies of the several Prisoners returned to them; and, first, to consider of the most wealthy and able Persons; and to present the Fines fit to be set on them.

The Three-and-twentieth of October 1644, it was resolved by the House, upon the Question, That Sir Richard Gourney, and divers other Persons therein named, be admitted to Fine and Composition: And that it be referred to the Committee at Goldsmiths Hall, to treat and compound with the said Persons; and to report their Fines to the House.

The Third of March 1644, the Committee of Goldsmiths Hall presented to the House, amongst other things, the Names of divers Persons upon whom Fines were set by the Committee of Goldsmiths Hall, according to an Order of the House of * August 1644; viz.

Sir Richard Gurney Knight, some time Lord Mayor of the City of London, committed to the Tower by the Lords, in Parliament, for his Contempt to the House, and disobeying their Order; and doing such other things, whereby he shewed his Disaffection to the Parliament, whose Estate is under Sequestration.

That, the Fourth of March 1644, the House did approve and accept of Five thousand Pounds, for the Fine of Sir Richard Gurney, for Discharge of his Delinquency, and Sequestration of his Estate, and Imprisonment.

The Fifteenth of December 1645, the said Committee for Sequestrations in London ordered the said Sequestration to be discharged, for that no Cause of Sequestration appeared to them; and the Twelve Pounds by them received, was paid over to the Committee of Haberdashers Hall, who had seized all the rest of the Tenements.

That, the Second of March 1645, Mr. John Ashe reported to the House, the Answer of Sir Richard Gurney to the Committee at Goldsmiths Hall, concerning the Fine of Five thousand Pounds set upon him by the House, That he obstinately refuseth to pay the same.

That, the Twentieth of November 1646, by Order of the Committee for Advance, and reciting the former Assessment of One thousand Pounds, for the Twentieth Part, and the Sequestration for Non-payment thereof, and that the said Sir Richard Gurney had given Satisfaction for the same; the said Assessment and Sequestration for Non-payment thereof, were taken off and discharged; and the said Estate hath been free from Sequestration ever since.

That, upon Mr. Ash his Report of the Second of March 1645, afore-mentioned, of Sir Richard Gurnie's obstinate Refusal to pay his Fine, we do not find there was any further Resolution in the Case.-

Door shut.

Resolved, That the Door be shut till Twelve a Clock.-

Gurney's Fine.

Resolved, That this Report be referred to a Committee; to examine the Business; and hear all Parties concerned; and to state the whole Matter of Fact, and report it to the House: Viz. unto Sir Gilbert Pickering, Lord Commissioner Lisle, Mr. Love, Mr. Bond, Mr. Moyle, Alderman Allen, Lord Grey, Mr. Stephens, Mr. Nevill, Colonel Martin, Mr. Trenchard, Mr. Carew, Colonel Fielder, Mr. Hodges, Lord Commissioner Whitelock, Colonel Lister, Alderman Atkins, Mr. Heveningham, Mr. Dormer, Sir Henry Heyman, Colonel Morley, Mr. Challoner, Mr. Whitacre, Mr. Oldesworth; or any Five of them: And this Committee are to meet this Afternoon at Two of Clock, in the Queen's Court; and so de die in diem.

And Colonel Fielder is to take care of it.

Army Estimate, &c.

Sir Henry Vane reports from the Council of State,

An Estimate of the Pay of Four thousand Men, with complete Officers, for three Months; viz.

He likewise reports from the Council of State;

"That the Council, in pursuance of the Order of Parliament the First Instant, taking into Consideration, how much Money may be had for the Pay of the Four thousand Foot that are now to take the Field, have prepared an Estimate, herewith offered, of the Charge of the said Foot; and withal, to offer it to the Parliament, That they will charge upon the Receipts of Goldsmiths Hall, for this Purpose, the Sum of Twenty thousand Pounds, next in Course after the Sixty thousand Pounds lately charged for the Navy, if the Parliament shall so think fit."

Resolved, by the Parliament, That the Sum of Twenty thousand Pounds be appointed for the Pay of the Four thousand Foot that are lately ordered by Parliament; with Liberty given to the Council of State, to take into Pay, for Three Months: And that the same be charged upon the Receipts of Goldsmiths Hall, next in Course after the Sixty thousand Pounds, lately charged upon that Receipt for the Use of the Navy: And that the Commissioners for Compounding be authorized and required to give their Warrants to the Treasurers of that Receipt, for Payment of the said Sum of Twenty thousand Pounds to the Treasurers at War; to be by them issued, by Warrant from the Committee of the Army, for the Service aforesaid: And that the Acquittance and Acquittances of the said Treasurers at War, or any Two of them, shall be a sufficient Discharge to the Treasurers at Goldsmiths Hall for the said Twenty thousand Pounds.

Ly. Burlace.

The Question being put, That the Petition of Dame Alice Burlace be now read;

The House was divided.

The Yeas went forth.

So it passed with the Negative.

The Lord Commissioner Whitelock reports from the Council of State, A Bill for the Increase of Shipping, and Encouragement of Navigation.

Which was this Day read the First time; and, upon the Question, ordered to be read the Second time on This-day-sevennight.