House of Commons Journal Volume 7: 1 January 1652

Thursday, the 1st of January, 1651.

Prayers.

Army, &c. Committee.

THE House this Day resumed the Debate upon the Amendments of the Bill for Settling of the Committee of the Army and Treasurers at War.

The Question being put, That this Bill be ingrossed;

It passed with the Negative.

And the said Bill, so amended, being put to the Question, passed.

Ordered, That Mr. Dormer, and Colonel Jones, be added to the Committee of the Army.

Gamul's School.

Sir Wm. Brcreton reports from the Commissioners for Compounding, the Business touching the 500£. given by the Will of Thomas Gamull deceased, for erecting of a Free-School; which, by Ordinance of Parliament, was paid for Sir Wm. Brereton, for the Service of the Commonwealth.

According to an Order of Parliament, of the 17th of May 1650, whereby it is referred to us to examine the Business touching the 500£. given by Thomas Gamull deceased, for erecting of a Free-School; and which, by Ordinance of Parliament, was paid to Sir Wm. Brereton, for the Service of the Commonwealth; to be repaid out of Delinquents Estates within the Parish of Audlem in the County of Chester; and to certify the State of the Matter of Fact to the Parliament:

The Case appears to be;

That Thomas Gamull, of London, Grocer, by his last Will and Testament, bearing Date the 23d of January 1642, proved in the Prerogative Court, gave 500£. for building of a Free-School, and Maintenance of a Schoolmaster, in Audlem aforesaid; and made Francis Gamull his Executor: Who, being a late Member of Parliament, and in Arms against the Parliament, by Ordinance of Parliament, of the 10th of June 1644, it was ordained, amongst other things, That Sir William Brereton, Baronet, a Member of the honourable House of Commons, should take and seize into his Hands and Custody the Sum of 500£. Part of the Estate of the said Thomas Gamull deceased, in Lieu of the said 500£. given for the erecting of the School aforesaid; to be by him the said Sir William Brereton employed for the publick Service, until a fit Opportunity serve to employ the same according to the said Will: And that the said Sir William Brereton shall repay the same, out of the Estates of Delinquents within the said Parish of Audlem; or out of such Allowances as have been made or given to him by Authority of Parliament: And, in Default thereof, the said Lords and Commons did thereby engage the publick Faith of the Kingdom for the Repayment thereof.

It appears, by a Certificate under the Hand of the said Sir Wm. Brereton, of the 27th of May 1650, That the said Sum of 500£. was received out of the Estate of the said Thomas Gamull; and employed for the publick Use of the Commonwealth, in such manner as the said Ordinance did direct: And that the said 500£. with Interest for the whole Time, remaineth still the Debt of the Commonwealth, by Virtue of the said Ordinance; by reason the Estates sequestred within the Parish of Audlem are otherwise disposed of, in Pursuance of later Ordinances and Orders touching Sequestrations.

Sam. Moyer, Arthure Squib, Wm. Molins, Rich. Moore.

Resolved, by the Parliament, That this Five hundred Pounds, together with Interest for the same since it was paid to Sir Wm. Brereton, be paid out of the Sequestrations of the Parish of Audlem in the County of Chester: And, in case those Sequestrations shall not be sufficient to pay the same, then, out of the Sequestrations of that County, into the Hands of the Executor or Executors appointed by the Will of Thomas Gamull deceased, for the charitable Use appointed by the Will: And that the Commissioners for Compounding with Delinquents, be authorized and required to issue their Warrants for the Payment thereof, accordingly: And that the Acquittance and Acquittances of the said Executor or Executors shall be a sufficient Discharge to the said Treasurers for the same.

Ball's, &c. Delinquency.

Sir Wm. Brereton further reports from the Commissioners for Compounding, A Certificate of the said Commissioners touching the State of the Case upon the Charge of Delinquency against George Ball, Richard Coventry, and Robert Leen.

A Charge of Delinquency coming to Hearing before us, the Sixth of June 1651, against George Ball, Richard Coventry, and Robert Leen; it was proved, by the Examinations of George Burches, and Peter Burches, That they did see the said Ball, Coventry, and Leene voluntarily take the King's Oath of Association against the Parliament, in 1643, or 1644, at Woodchurch, in Wirhall in the County of Chester.

It was also proved before us, by the Examination of several other Witnesses, That the said Ball, Coventry, and Leene, in 1643 and 1644, lived in Wirhall aforesaid; and that, at that time, the same was under the Power of the King: And that the King's Oath was then tendered, and generally taken, in those Parts: And that the said George Burches, being Minister of Woodchurch, did propose the King's Oath unto his Parishioners in the Church at Woodchurch; and did, with much Zeal, excite the People to take the same: But the said Ball, Coventry, and Leene, absolutely refusing, as being against their Conscience, the said George Burches did use much threatening Speeches; and told them, That if they would not take the said Oath, he would make them Examples to the whole Country.

It was also proved before us, That the said Ball, Coventry, and Leene, have always been affectionate to the Parliament; and, for the same have suffered very much, by Imprisonment and otherwise: And that, upon the first Coming of Sir Wm. Brereton into those Parts, they did immediately declare themselves for him; and have, ever since, been trusted and employed in the Parliament's Service, and discharged the same faithfully.

Upon Consideration had of the whole Proofs, although we could not acquit the said Ball, Coventry, and Leene, but did adjudge them Delinquents, within the strict Letter of the Ordinance; yet, in regard it appeared clearly unto us, that they were under a Force and Terror, and that they were constantly well-affected to the Parliament, and, so soon as they durst, declared for the Parliament, and acted accordingly ever since; therefore we conceived it our Duty to represent them unto the Parliament as fit Objects of Mercy: And for Six Weeks have suspended the Execution of our Judgment; that, in the mean time, the Pleasure of the House may be known.

Sam. Moyer, James Russel, John Berners, Edw. Winslow, Rich. Moore.

Resolved, by the Parliament, That the said George Ball, Richard Coventry, and Robert Leene, be discharged of and from Sequestration: And that Restitution be made to them of the Rents and Profits of their Lands received, and likewise of their Goods.

High Court of Justice.

Mr. Herbert reports from the Council of State, That there was a Report made to the Parliament, from the Council of State, in Pursuance of an Order of the House, of a List of Names, which they conceived fit to be made Examples of Justice: That hitherto there hath been no Order given for proceeding against any of them: And, for that the Council finds, the keeping up of the High Court of Justice is a great Charge; who now only meet and adjourn, for that they have none sent unto them to proceed upon; the Council hath thought fit to put the Parliament in remembrance thereof, that they may give such Order, both concerning the Trial of the said Prisoners, and Continuance of the said High Court, as they shall judge fit.

That it be reported to the Parliament, That whereas by the Vote of Parliament of the 11th of September, Colonel Edward Massey was appointed to be tried at Westminster by a Court-Martial; That, by reason of the Wounds of the said Colonel Massey, he could not be brought to Town till some few Days since; That the Act of the Twelfth of August last, as far as concerns Trial by a Court-Martial, is expired: That therefore the Parliament be humbly moved to declare their further Pleasure therein: And that the Parliament be also put in mind of the Report, formerly made from this Council, concerning the Trial of Prisoners.

Ordered, That it be referred to a Committee, to consider how, and in what manner, an High Court of Justice may be erected; and what Powers are fit to be committed unto them; and what Persons are fit to be made of that High Court: And likewise to consider, how that Court may be impowered for the Punishment of Perjury, Subornation of Perjury and Forgery: And to prepare an Act for that Purpose; and report it to the House: Viz. Unto Mr. Attorney, Sir Wm. Masham, Lord Commissioner Lisle, Lord Commissioner Whitelock, Colonel Norton, Colonel Marten, Colonel Lister, Mr. Ralegh, Colonel Birch, Mr. Moyle, Mr. Dove, Alderman Pennyngton, Mr. Herbert, Colonel Jones, Mr. Gurdon, Mr. Pury, Mr. John Corbett, Sir Wm. Constable, Mr. Nevill, Mr. Lechmere, Mr. Scott, Lord Grey, Mr. Garland, Mr. Long, Colonel Pyne, Sir Tho.Widdrington, Mr. * Stephens, Sir Henry Mildmay, Sir Wm. Allenson, Mr. Browne, Mr. Bond, Mr. Strickland, Major General Harrison, Mr. Dormer, Mr. Clement, Serjeant Earle; or any Five of them: And Mr. Lechmere and Mr. John Corbett are to take care hereof.

And the Committee are to meet, at Two of Clock Tomorrow in the Afternoon, in Mr. Speaker's Chamber.

And that the Committee do also take into Consideration, how the Charge of the High Court may be lessened, for the Ease of the Charge of the Commonwealth.

Gerard's Claims.

Major Lister reports from the Committee for removing Obstructions in the Sale of Delinquents Lands and Estates, the humble Petition of Lieutenant Colonel Gilbert Gerard: Which was this Day read.

Resolved, by the Parliament, That it be referred to the Committee of Accompts at Worcester House, to examine and state the Accompts of Lieutenant Colonel Gilbert Gerard, according to the Rules given them: And to give him Debentures for what shall appear to be due to him, accordingly.

Ambassador from Spaine.

Resolved, That the Council of State be and are hereby impowered to receive such Addresses as the Lord Ambassador from the King of Spaine shall make unto them; and report them to the Parliament.

Treasurers at War.

Colonel Downes reports from the Committee to whom the Petition of Sir John Woollaston, and the rest of the Treasurers at War, was referred, the Order of the said Committee; viz. as followeth:

It is Ordered, upon Consideration of the said Petition, That it be reported to the Parliament, as the Opinion of that Committee, that the Accompts of the said Treasurers at Wars may be referred to the Committee of Accompts, appointed by Act of Parliament of the Eleventh of October 1649, for Taking and Receiving the Accompts of the Commonwealth, to take and state their Accompts, if the Parliament shall think fit.

Ordered, by the Parliament, That the Accompts of the said Treasurers at War be referred to the Committee for Accompts, appointed by Act of Parliament of the Eleventh of October 1649, for Taking and Receiving the Accompts of the Commonwealth, to take and state Their Accompts.

Resolved, by the Parliament, That Colonel Downes have the Sum of Three hundred Pounds paid unto him, for his Pains and Service for the Publick, in the Committee of the Army for the last Year: And that the same be paid unto him out of the Monies for Incidents in that Treasury: And that the Treasurers at Wars be authorized and required to make Payment thereof unto the said Colonel Downes: And that the Acquittance and Acquittances of the said Colonel Downes shall be a sufficient Discharge for the same.

Resolved, That it be specially recommended to Colonel Downes, and that he be required to take special Care of the Business of the Committee of the Army, as formerly he did, until the Parliament take other Order.

Letters, &c. to be presented.

Resolved, That Mr. Speaker do present the Letters and Papers in his Hands of Jersey, Guernsey, and Ireland, and the Ise of Man, To-morrow Morning, the First Business; and nothing to intervene: And Mr. Speaker to put the House in mind thereof.