House of Commons Journal Volume 7: 17 March 1653

Thursday, the 17th of March, 1652.

Prayers.

Carmen.

ORDERED, That, on Thursday Sevennight, the Business touching the Carmen, be reported.

Committee of Petitions.

Ordered, That on Tuesday Sevennight, the Reports from the Committee of Petitions, be made.

Northern Officers.

Ordered, That on Tuesday Fortnight, the Business touching the Northern Officers, be taken into Consideration.

Customs.

Ordered, That Mr. Love do report Amendments to the Bill touching the late Farmers of the Customs, on Tuesday Three-weeks next, the first Business; nothing to intervene.

Probates of Wills, &c.

The House resumed the Amendments to the Bill for Probate of Wills; and another Question being debated, touching the authorizing several Persons for Probate of Wills, and granting Administrations in the mean time;

The Question being propounded, That the House do proceed with the Amendments to the Bill for Probate of Wills, &c.

And the Question being put, That that Question be first put;

The House was divided.

The Yeas went forth.

So it passed with the Negative.-

Fountaine pardoned.

Resolved, by the Parliament, That John Fountaine Esquire be, and is hereby, pardoned of all Delinquency; and be, and is hereby, made capable of all other Privileges, as any other of the People of this Nation are.

Ashley pardoned.

Resolved, by the Parliament, That Sir Anthony Ashley Cooper Baronet be, and is hereby, pardoned of all Delinquency; and be, and is hereby, made capable of all other Privileges, as any other of the People of this Nation are.

Parker's Petition.

The humble Petition of Jane late the Wife of Henry Parker Esquire, deceased, and Henry and Anne Parker, their Children, was this Day read.

Resolved, That the House be put in mind of this Petition, when the Business comes in for settling the whole Business of Administrations; and that Mr. Speaker do put the House in mind thereof.

Probates of Wills, &c.

Resolved, That the Powers of proving Wills, and granting Administrations through this whole Nation, be committed to certain Persons for two Months, and no longer.

The Question being propounded, That all the Profits which shall, during that time, arise by those lawful Fees which have been usually received by the Judges for Probate of Wills, and granting Administrations, shall be received, and accompted for, to the Use of the Navy: And that the Commissioners for inspecting the Treasuries be authorized to have an Inspection into the same: And that the said Profits be paid over, after such Allowances made as aforesaid, by Warrant of the said Commissioners, for the Use of the Navy;

Resolved, That these Words be added to the former Question, next after the Word "Judges;" viz. "and likewise of the Registers; allowing to the Ministerial Officers necessary to the Carrying on of this Service, such Allowances as the Commissioners for inspecting the Treasuries shall set down, who are impowered to do the same."

And so the main Question being put; It was resolved.

Resolved, by the Parliament, That all the Profits which shall, during that Time, arise by those lawful Fees which have been usually received by the Judges for Probate of Wills, and granting Administrations, and likewise of the Registers (allowing to the Ministerial Officers, necessary to the carrying on of this Service, such Allowances as the Commissioners for Inspecting the Treasuries shall set down; who are impowered to do the same) shall be received, and accounted for the Use of the Navy: And that the Commissioners for Inspecting the Treasuries be authorized to have an Inspection into the same; and that the said Profits be paid over, after such Allowances made as aforesaid, by Warrant of the said Commissioners, for the Use of the Navy.

Resolved, That the Persons who shall be Judges for Probate of Wills, and granting Administrations, during these Two Months, be all the Persons nominated by the Parliament for considering the Inconveniences in the Proceedings in the Law, &c. or any Five of them.

Ordered, That Mr. Garland do bring in an Act in pursuance of this Vote.

Delinquents Estates.

Colonel Wauton reports from the Council of State;

THE Council having taken into their Consideration the Petition of the Trustees for Sale of Delinquents Lands, desiring a Supply of Monies for carrying on of that Service; and finding that the Sum of Sixteen thousand Pounds only hath been paid towards the Salaries of Surveyors, Clerks, and Messengers, employed for executing of the First Act for Sale of the said Lands, and other incident Charges relating thereunto; and that a great Sum is still remaining due for the same; and also that nothing hath as yet been allowed for executing of the Second and Third Acts; and the said Trustees desiring at present one Fifteen thousand Pounds to keep the Work going; It is Ordered, That the State of this Business be humbly represented to the Parliament, together with the Opinion of this Council, that the Supply of the said Sum is absolutely necessary for carrying on of the said Service; and that therefore they be humbly moved to give Order to the Commissioners for Inspecting the Treasuries, to issue their Warrant to the Treasurers for Monies raised upon the Sale of Delinquents Estates, to pay, out of the Monies arising upon any of the Acts for Sale of the said Estates, the Sum of Fifteen thousand Pounds, according to such Warrants as shall be directed unto them by the Trustees for the Sale of them: And that the said Trustees be authorized to give out Warrants for the Issuing the said Sum, for Payment of the Salaries of the Council for the Commonwealth, Surveyors, Clerks, Messengers, and other Officers of the said Trustees and Treasurers; and for answering other incident Charges, that shall immerge in the Execution of the said Acts.

Ordered, by the Parliament, That the Commissioners for Inspecting the Treasuries do issue their Warrant to the Treasurers for Monies raised upon the Sale of Delinquents Estates, to pay, out of the Monies arising upon any of the Acts for Sale of the said Estates, the Sum of Fifteen thousand Pounds, according to such Warrants as shall be directed unto them by the Trustees for the Sale of them: And that the said Trustees be authorized to give out Warrants for Issuing the said Sum for Payment of the Salaries of the Council for the Commonwealth, Surveyors, Clerks, Messengers, and other Officers of the said Trustees and Treasurers; and for answering other incident Charges that shall immerge in the Execution of the said Acts.