House of Commons Journal Volume 7: 19 January 1653

Wednesday, the 19th of January, 1652.

Prayers.

Smithick Market.

ORDERED, That the Grant of the weekly Market, to be kept in the Town of Smithick in the County of Cornwall, be made to Sir Peter Killigrew Knight, and his Heirs, for Five Years, to commence from the 25th Day of March next: And that Mr. Attorney-General do prepare the Patent, in common Form, accordingly.

Customs.

Ordered, That the Report, touching the Farmers of the Customs, touching the One hundred and Fifty thousand Pounds Fine, be made To-morrow Fortnight.

Poor.

Ordered, That the Bill for the Poor, be reported on Tuesday Morning next.

Isle of Wight.

Ordered, That the Report concerning the Isle of Wight, be made on Friday Morning next.

Willan's Petition.

The House this Day resumed the Debate upon the Petition of Mary Willan against Colonel James Temple.

Resolved, by the Parliament, That the said Business be left to the Law.

Probates of Wills, &c.

The House this Day resumed the Debate upon the Amendments to the Bill for settling Courts for Administration of Justice to the People in proving of Wills, granting Administrations and Legacies.

Regulating the Law.

Resolved, That the Bill or Bills containing the whole System of the Law, as it came in from the Committee for considering the Inconveniences of the Law, be read To-morrow Morning.

Sir J. Lenthall.

Sir Arthure Hesilrig reports from the Council of State, touching Sir John Lenthall; and also the Petition of Alexander Green of Manchester: Which Report was as followeth; viz.

UPON Report of the Examination of Wm. Abell Esquire, late Alderman of London, concerning some dangerous Words against the publick Peace, lately spoken and heard in Northall Woods, near Hatfield in the County of Hertford, the said Wm. Abell being charged as one of the Persons suspected to have spoken the said Words; among other things, it appeared to the Council, that the said William Abell had been a Prisoner to Sir John Lenthall, since the 12th of March last, at the several Suits of the Lady Anne Moulson, Relict of Sir Thomas Moulson Knight, deceased, for Monies borrowed, being Fifteen hundred Pounds Principal, for the Use of the Vintners Company; and of the Executors of Mr. Thomas Hammond, for One thousand Pounds Principal, upon the like Occasion; and of Mr. Richard Woodward Merchant, for Six hundred Pounds Principal Money, for the same Business: That he hath not been continued a Prisoner, but hath had his Liberty from Sir John Lenthall, upon Security given to Sir John, by the said William, the same Day that he was committed Prisoner; and hath since been at his own Disposal, and sojourned at his own and his Son's Houses, and been in Hertfordshire, Buckinghamshire, and elsewhere: That on Friday last, in the Afternoon, he came to Sir John Lenthall, and paid him Chamber-Rent, for Seven Weeks, ending that Day, being the Sum of Forty-three Shillings and Nine-pence; and came back again to his House, in Rosemary-Lane; and understands, that he hath his Liberty till the First Day of Easter Term, according to a Warrant dated 12 of March 1651, under the Hand and Seal of the said Sir John Lenthall: By which also, upon his Security given, Sir John appointed him Keeper, in these Words:

"Whereas Wm. Abell, of Bishops-Hatfield in the County of Hertford, Esquire, is now Prisoner in my Custody, and lodged in the Rules of the Upper-Bench, upon Actions of Debt only, These are, therefore, to certify all whom it shall or may appertain, That my Servants and Officers Richard Abell, Robert Smyth, John Clerk, Richard Pooley, Wm. Abell the younger, George Hughes, and Anthony Jennings, and every or any of them, in the Absence of the other, to attend upon him; and him in safe Custody to guard and keep. In witness whereof I have set my Hand and Seal, the 12th Day of March 1651. This Warrant to continue till the 1st Day of Easter Term next, unless there be Cause to the contrary. Sealed and signed by Sir John Lenthall.

And the said William Abell acknowleged, that Richard Abell and Wm. Abell, Two of the Persons mentioned in the said Warrant, are his Sons; that John Clerke, another of them, and who waited upon him into the Country aforesaid, is Servant to his Son Richard Abell; that Richard Pooley, another of them, is his the said Wm. Abell's Tenant, at his House at Bishops-Hatfield; that Richard Smyth, another of them, is a Coal Merchant, and one of the said William Abell's Sureties to Sir John Lenthall, as aforesaid; that George Hughes, another of them, is a Servant to the said William Abell the younger; and Anthony Jennings, another of them, is Tipstaff to Justice Aske.

Whereof the Council taking Consideration, and being sensible of the Inconveniences and Scandals arising by granting of such undue Liberty as is before-mentioned, are humbly of Opinion, that this Case be presented and made known to the Parliament, for such Order and Proceeding to be thereupon had and taken, as to their Wisdoms and Justice shall seem meet:

And was this Day read.

The humble Petition of Alexander Green, of Manchester, was this Day read.

The Question being propounded, That it be referred to the Court of the Upper-Bench, to take into Consideration these Complaints against Sir John Lenthall, and such other Complaints as are before them, or before any Committee of Parliament, of the like Nature against him; and that they do give speedy Redress in such Cases as they can give Redress in, without any Charge to the Persons complaining, as they shall find just: And in such Cases as they cannot give Redress in, that they present the same to the Parliament, with all Speed: And that the Persons concerned be enjoined to attend them;

And the Question being put, That this Question be now put;

It passed with the Affirmative.

And the main Question being put; It was

Resolved, by the Parliament, That it be referred to the Court of the Upper-Bench, to take into Consideration these Complaints against Sir John Lenthall, and such other Complaints as are before them, or before any Committee of Parliament of the like Nature against him: And that they do give speedy Redress in such Cases as they can give Redress in, without any Charge to the Persons complaining, as they shall find just: And in such Cases as they cannot give Redress in, that they present the same to the Parliament, with all speed: And that the Persons concerned be enjoined to attend them.