House of Commons Journal Volume 7: 11 July 1659

Monday, July the 11th, 1659.

Army Arrears.

COLONEL Birch reports from the Committee to whom the Petition of the supernumerary Forces, within the County of Lancaster, was referred, That the Persons comprised within this List, signed by Humfrey Kelsall Agent, beginning with "Ralph Ashton," and ending with "John Fouell," are such as were in Service in the Year 1647, and were disbanded as Supernumeraries, and properly are within the Security of the Act for Sale of the Honours, &c. of the late King, &c.: That they were in Service, in the Year 1648, against Duke Hamilton; and, in the Year 1650, marched into Scotland in several Regiments: Which was the Cause, Why their Accounts were not Bonded in Time: That this Committee, for their better Information from the Committee for stating the Accounts of the Soldiery, sitting at Worcester-House, have received a Certificate, That this List agrees with the Muster-Roll remaining with them, taken in January 1647: And therefore it is the humble Opinion of this Committee, That the said Committee at Worcester-House, for Stating the Accounts of the Soldiery, do examine and state the Accounts of the several Officers and Soldiers, in the List aforesaid; and give Debentures thereupon; and transfer the Debentures so stated, with Duplicates thereof, for the Trustees for Sale of the Honours, &c. of the late King, &c.: And they to give Bonds upon them, in like manner as they have given to the Army and Supernumeraries, according to the Act of Parliament of the Seventeenth of July 1649.

Resolved, That this House doth agree with the Committee, That it be referred to the Committee at WorcesterHouse, for stating the Accompts of the Soldiery, to examine and state the Accompts of the Supernumerary Forces disbanded within the County of Lancaster, in the List signed by Humphrey Kelsall Agent, beginning with "Ralph Ashton," and ending with "John Fouell," who were in the Service of the Year 1647; and give Debentures thereupon; and transfer the Debentures, so stated, with Duplicates thereof, to the Trustees for Sale of the Honours, &c. of the late King, &c.: And they to give Bonds upon them, in like manner as they have given to the Army and Supernumeraries, according to the Act of Parliament of the 17th of July 1649.

Ordered, That it be referred to the Committee at Worcester-House, for stating Accompts of the Soldiery, to take care, that, in stating the Accompts of the supernumerary Forces disbanded in the County of Lancaster, they only allow the Accompts of such as come in Person, or as have good Assignments for the same from the Persons, their Executors, or Administrators: And, if any Scruple arise, that they present it to the Parliament, before they sign the Bills, or pass the Accompts.

Exporting Shoes.

Ordered, That it be referred to the Committee for the Admiralty, to grant Licence to export such Quantities of Shoes to the English Plantations, as have been heretofore usually granted, paying Custom, and all other Duties, as formerly.

Delinquents' Estates.

Ordered, That it be referred to a Committee, to examine, Why the Second Moieties due upon Purchases made at Gurney-House, Worcester-House, and Drury-House, or any or either of them, are not paid: And that the Names of the Purchasers so . . Arrear, with their Second Moieties, be brought into the Parliament: And that the said Committee do examine the Times when the said Second Moieties should have been paid in; and state what Damage is due to the State for the same, since the same ought to have been paid; and to examine the whole Matter of Fact: and state it; and report it to this House: And to bring in a Bill to compel the Payment in of the Second Moieties, with Damages; viz. unto Mr. West, Mr. Trenchard, Mr. Robinson, Colonel Lister, Sir Arthur Hesilrig, Mr. Henry Smith, Mr. Weaver, Colonel Harvey, Mr. Skynner, or any Three of them: And are to meet in the Duchy-Court this Afternoon: With Power to send for Persons, Papers, and Witnesses.

Robinson's Petition.

The humble Petition of Henry Robinson Esquire was this Day read.

Ordered, That the said Petition of Henry Robinson be referred to that Committee, touching Second Moieties . . Arrear, to examine the Matter of Fact touching the undue Allowance of the Publick Faith, Bills, and Debentures; and what falsified and counterfeit Debentures, or Publick Faith Bills, have been allowed of; and by whom.

Sheriffs Accompts.

Ordered, That it be referred to the Committee for Inspecting of the Treasurers, to examine the Accompts of the Sheriffs: And the said Committee are hereby impowered to give such Allowances to the respective Sheriffs, upon their Accompts, as formerly have been allowed, in like Cases.

Transporting Bullion.

Ordered, That it be referred to the Members of this House of the Council of State, to examine, What Bullion, of Gold and Silver hath been transported out of this Commonwealth; and to take care to put in Execution the Act for preventing the transporting any Bullion or Money out of this Commonwealth; and to seize any to be transported: and to prevent the Carrying out of any Bullion, or ready Money, out of this Commonwealth, for the future.

Piedmont Protestants.

Mr. Holland reports, from the Committee to whom it was resolved to examine, What Monies are in the Hands of the Treasurers for Monies contributed for Relief of the distressed Protestants in Piedmont and Poland.

Avery's Security.

Boothby, Avery, and Bakeman, Commissioners and Collectors of Customs, Treasurers of the Committee of the Navy and Admiralty, Security for young Avery, 16,000£. in Arrear; whereof 10,000£. by a Counterfeit Warrant and Acquittance.

Boderda's Accompt.

Mr. Boderda delivered in his Accompt to the Commissioners to the Treasury, Four Years since, to Lady-day 1655: The Super upon his Accompt was paid, as appears by Tally, being 370£. 6s. 10d. dated 19th September 1655. The Commissioners were by the Parliament from the Committee of the Revenue, until the Little Convention 1653; at which Time their Commissions were taken from them, and never after restored to them: And, after their being broken up, they acted to receive what was voluntarily brought in; but the late Protector, about Lady-day 1655, otherwise disposed of it. Captain Stone, &c. now act in that Business.

Alderman Vyner and Pack.

These Sums are lent out by the Committee's Order, That Alderman Vyner and Pack should let it out.

By Bonds in the Chamberlain of London's Hand. Captain Player and Noell's Bond, in Alderman Pack's Hands.

The poor People, by their Agent, desired to have the Money put out.

2,550£. in Cash, at Guildhall, whereof 500£. in counterfeit and Clipt Money.

July the 8th, 1659.

An Account of the Monies received and paid by the Treasurers for the Money collected for the Relief of the Protestants under the Dominion of the Duke of Savoy.

in Cash: Whereof near 500£. counterfeit and clipt Money.

The Account of the Poland Cash the Eighth of July 1659.

Whereas Alderman Viner and Alderman Pack have, by Order of the Committee appointed to examine what Monies were contributed for Relief of the distressed Protestants of Piedmont and Poland, lent out the several Sums of Money following; viz. Unto Captain John Blackwell, Treasurer at Wars, One thousand Pounds; To Samuell Foote, and Thomas Juxon, Fifteen hundred Pounds; To Mr. Noell, and Alderman Tennus, or Dashford, Seven thousand Five hundred Pounds: It is

Ordered, That the said Captain John Blackwell, Samuel Foote, Thomas Juxon, Mr. * Noell, and Alderman Tennus, or Dashford, and every of them, be, and are hereby, required and enjoined forthwith to pay in the said Monies, to them respectively lent, as aforesaid, with Interest for Forbearance thereof, into the Chamber of London: And that Alderman Viner and Alderman Pack, who lent out the same, do call for the same in again forthwith: And the Committee for Inspections are to see that the said several Sums of Money, with Interest for Forbearance of the same, be forthwith paid in, accordingly.

Indemnity.

A Bill for Indemnity, ingrossed in Parchment, was this Day read the Third time.

The Question being put, That this Clause; viz. "in pursuance of any Act or Ordinance of Parliament;" do stand;

It passed with the Negative.

Resolved, That, instead of these Words; viz. "or others;" these Words, viz. "Lecturers, Schoolmasters, Members of Universities or Colleges," be inserted.

The Question being put, That the Word "necessary" do stand in the Clause;

The House was divided.

The Noes went forth.

So it was Resolved, That the Word "necessary" do stand in the Clause * * *

Resolved, That these Words; viz. "since the Nineteenth of April 1653;" in the Second Folio, Line 6, be added, next after the Words "at any time."

Resolved, That these Words, "viz. "and before the First of June 1659;" be added, next after the said Words, in the said Clause.

The House adjourned until Three of the Clock.

Monday, in the Afternoon, July the 11th, 1659.

Army Commissions.

THE House being informed, That divers Officers of the Army were at the Door;

They were called in: And coming to the Clerk's Table, in usual manner; Mr. Speaker acquainted them with the great Trust the Parliament reposed in them; and that the Parliament did expect Faithfulness from them to the Parliament and Commonwealth of England: And thereupon delivered to them their Commissions: Viz.

To Colonel Thomas Saunders, his Commission to be Colonel of a Regiment of Horse:

To Lieutenant Francis Hacker, his Commission to be Captain-Lieutenant of the said Regiment:

To Captain Tho. Izod, his Commission to be Captain of a Troop of Horse in the said Regiment:

To Lieutenant Joseph Thursby, his Commission to be Lieutenant of that Troop:

To Lieutenant John Hodgson, his Commission to be Lieutenant of a Troop in the said Regiment:

To Lieutenant Thomas Ogle, his Commission to be Lieutenant of a Troop in the said Regiment:

To Cornet Tho. Buller his Commission to be Cornet of a Troop:

To Cornet George Langford, his Commission to be Cornet of a Troop:

To Quarter-master Peter Pattison, his Commission to be Quarter-master of a Troop of Horse:

To Quarter-master Wm. Rosse, his Commission to be Quarter-master of a Troop of Horse:

To Quarter-master Wm. Salter, his Commission to be Quarter-master of a Troop of Horse:

To Cornet Henry Moreton, his Commission to be Cornet of a Troop of Horse.

The Officers for Ireland were called in: And, in like manner as aforesaid, Mr. Speaker delivered them their Commissions: Viz.

To Colonel Peter Wallis, his Commission to be Colonel of a Regiment, and Captain of a Troop of Horse:

To Colonel Robert Barrow, his Commission to be Colonel of a Regiment of Foot:

To Colonel Daniel Axted, his Commission to be Colonel.

To Lieutenant-Colonel * Keene, his Commission to be Lieutenant-Colonel of a Regiment of Foot:

Ditto.

The Officers of the Regiment of the Tower were called in: And, in like manner as aforesaid, Mr. Speaker delivered them their Commissions: viz.

To Lieutenant-Colonel John Miller, his Commission to . . Lieutenant-Colonel of the said Regiment of Foot:

To Captain Henry Sharpe, his Commission to be Captain of a Company in this Regiment:

To Captain Wm. Foster, his Commission to be Captain of a Company in this Regiment:

To Captain John Jeninge, his Commission to be Captain of a Company in this Regiment:

To Lieutenant Nath. Birch, his Commission to be Lieutenant of a Company in this Regiment:

To Lieutenant Wm. Sterling, his Commission to be Lieutenant of a Company in this Regiment:

To Lieutenant Wm. Rice, his Commission to be Lieutenant of a Company:

To Lieutenant Robert Ackers, his Commission to be Lieutenant of a Company:

To Ensign Stephen Brunsden, his Commission to be Ensign of a Company.

To Ensign Philip Broone, his Commission to be Ensign of a Company:

To Ensign Nath. London, his Commission to be Ensign of a Company:

To Edward Ledby, his Commission to be Ensign of a Company in this Regiment.

Mr. Speaker also delivered Commissions to Colonel Swallow, and the Officers of his Regiment: Viz.

To Colonel Robert Swallow, his Commission to be Colonel of a Regiment:

To Major Thomas Chamberlayne, his Commission to be Major of the said Regiment:

To Captain Wm. Evenson, his Commission to be Captain of a * in the said Regiment:

To Captain Daniel Dale, his Commission to be Captain:

To Lieutenant John Pitchford, his Commission to be Lieutenant of * :

To Lieutenant Anthony Lacon, his Commission to be Lieutenant of * in this Regiment:

To Lieutenant Richard Ireland, his Commission to be Lieutenant of *:

To Lieutenant Thomas Wansey, his Commission to be Lieutenant.

Army Commissions.

Mr. Speaker also delivered to Colonel Sir Arthur Hesilrig, and his Officers, their Commissions; viz.

To Colonel Sir Arthur Hesilrig, his Commission to be Colonel of *:

To Captain Jeremy Tolhurst, his Commission to be Captain of * in this Regiment:

To Captain Timothy Levin, his Commission to be Captain of *:

To Captain Nicholas Loyzhire, his Commission to be Captain of *.

Mr. Speaker likewise delivered

To Lieutenant-Colonel John Moyer, his Commission to be Lieutenant:

To Lieutenant James Raymond, his Commission to be Lieutenant:

To Ensign Geo. Oliver, his Commission to be Ensign of *:

To Ensign John Watts, his Commission to be Ensign.

Ditto.

The Governor of Tinby was called in: And Mr. Speaker in like manner as aforesaid, delivered to him, and other Officers, their Commissions; viz.

To Captain Richard Castle, his Commission to be Governor of Tenby:

To Lieutenant Rowland Gethings, his Commission to be Lieutenant:

To Captain George Playe, his Commission to be Governor of the Island of Portland:

To Captain John Rudler, his Commission to be Captain of a * in Colonel Ashfeild's Regiment:

To Captain Wm. Davies, his Commission to be Captain of a * in Colonel Ashfeild's Regiment:

To Captain Benjamin Gifford, his Commission to be Captain of a * in Colonel Briscoe's Regiment:

To Mr. John Pugh, his Commission to be Chaplain to Colonel Biscoe's Regiment:

To Ensign Thomas Meriton, his Commission to be Ensign:

To Lieutenant John Radford, his Commission to be Lieutenant of a * in Colonel Ashfeild's Regiment:

To Captain Wm. Hooper, his Commission to be Captain of a * in Colonel Ashfeild's Regiment.

Leave of Absence.

Ordered, That the Lord Viscount Lisle have Leave to go into the County for his Health.

Excise.

Colonel White reports from the Commissioners for bringing in Arrears of the Revenue, That the Farmers of * * * *.

Ordered, That Mr. George Dashwood do forthwith pay into the publick Exchequer the Sum of Two thousand Six hundred Fifty-two Pounds Thirteen Shillings and Three-pence, now in his Custody, belonging to the late Farmers of Excise for Beer and Ale in London: Which said Sum shall be allowed, upon Account, in Part of the Arrears of Rent, due by the said Farmers for the said Farm; and the said Mr. Dashwood discharged thereof.

Indemnity.

The House resumed the Debate upon the Act of Indemnity.

Resolved, That these Words; viz. "Virtue or Colour of;" be added, in the 19th Line of the Second Folio, next after the Words "or by."

Resolved, That these Words; viz. " in reference to the several Changes in Government, and Actings thereupon, as aforesaid, since the First Day of April, in the Year of our Lord One thousand Six hundred Fifty-three; and before the First Day of June, in the Year One thousand Six hundred Fifty-nine;" be inserted, in the Third Folio, Line the 17th, next after the Word "deemed."

Resolved, That these Words; viz. "Act and;" be inserted, Folio 4, Line 13, next after these Words, "that this."

The Question being put, That these Words, "being unwilling to take any Advantage," Folio 1°, Line the 10th, do stand in this Bill;

It passed with the Negative.

The Question being put, That these Words; viz. "and all and every the Members of this Commonwealth enjoy their former ancient Rights and Freedoms;" in the First Folio, Line 20th and 21th; do stand in this Bill;

It passed with the Negative.

Resolved, That the Title of this Act be, An Act of Indemnity and free Pardon.

Resolved, That these Words, "in an additional enacting Clause," Line 7, next after the Word "Law," these Words be added, viz. "or Equity."

A Proviso was tendered to this Act, "That this Act shall not extend to the Indemnifying of Colonel John Barkstead from Suits or Actions commenced against him, on the Behalf of Major General Robert Overton, in relation to his late Imprisonment in the Tower."

And the Question being put, That this Proviso be read;

It passed with the Negative.

A Proviso was tendered to this Act, "To except Offences in transporting out of this Commonwealth any Gold or Silver in Coin, or in Bullion, or Jewels, without any Licence, &c."

And the Question being put, That this Proviso be read;

It passed with the Negative.

A Proviso was tendered, "To except out of this Act all Persons, Bodies Politick or Corporate, that have acted by Colour of any Patent or Charter of Liberties, made since the 20th of April 1653, after the Day of 1659."

And the Question being put, That this Proviso be read;

It passed with the Negative.

A Proviso was tendered to this Act, "That this Act shall not extend to prejudice Thomas Hunt Esquire, and Richard Flower, Clerks of Assize, in the Enjoyment of their respective Offices, being surrendered since the Twentieth of April 1653, by such Persons as were lawfully seised of their said respective Offices."

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

It passed with the Negative.

A Proviso was tendered to this Act, "That this Act shall not extend to make good any Arrest, Judgment, Recovery, or Execution, had or obtained since the 19th Day of April 1653, by Richard Nunnelly, of Westminster, against Wm. Lord Monson, a Member of Parliament, contrary to the Privilege of Parliament; but the same is hereby enacted and declared Null and Void; and no further Proceedings to be had thereupon: Which Proviso was read.

The humble Petition of Wm. Lord Monson, a Member of Parliament, was this Day read.

Ordered, That this Petition be referred to the Committee, to whom Alderman Andrewes his Business is referred; to examine the Business; state Matter of Fact; and report their Opinion therein to this House.

A Proviso was tendered to this Act, "That this Act, nor any thing therein contained, shall be meant or intended to extend to the Indemnifying, Justifying, or Forgiving of any Person or Persons, who are, or have been, since the 20th of April 1653, guilty of Male-administration in his or their Places of publick Trust respectively; and have, to the particular Wrong and Injury of any Person or Persons, done that which is contrary to the due Course of Law."

The Question being propounded, That this Proviso be read;

The House was divided.

The Yeas went forth.

So it passed with the Negative.

A Proviso was tendered to this Act, "That this Act, nor any thing therein contained, shall be adjudged, construed, or taken, to discharge or indemnify any Person or Persons, who have farmed the Excise, and New Impost and Customs, or any Part thereof, who have not paid in the Arrears of Money due to the Commonwealth, for the Rent or Rents of their respective Farms; or shall not pay in the same, at or before the Day of:" Which was this Day read the First time.

Resolved, That this Proviso be read the Second time.

The said Proviso was read the Second time, accordingly.

A Proviso was tendered to this Act, "That * *."

Resolved, That the Word "and" be made "or," in the Proviso: And that these Words; viz. "and before the Thirteenth of July 1659:" be added, in that Clause.

Resolved, That the Word "Discharge" be struck out of this Clause.

Hesilrig's Petition.

The humble Petition of Sir Arthur Hesilrig Baronet was this Day read.

Ordered, That this Petition be referred to the Committee to whom the Business concerning Alderman Andrewes' Business is referred; to examine the Business; and state Matter of Fact; and report it to this House, with their Opinion therein: And that all the Gentlemen of this House of the Long Robe be added to this Committee.

Indemnity.

A Proviso was tendered to this Act That no Person who shall claim or demand Benefit of Indemnity or Pardon by virtue of this Act, be admitted thereunto, until it appear to such Person or Persons, before whom such Claim or Demand is made, that the said Person, so claiming or demanding, hath made and subscribed this Declaration following; that is to say,

I do declare, That, through the gracious Assistance of Almighty God, I will be true, faithful, and constant to this Commonwealth, without a single Person, Kingship, or House of Peers.

Which was read the First time.

Resolved, That this Proviso be read the Second time.

The said Proviso was read the Second time, accordingly.

Resolved, That these Words, "or shall then subscribe," be added, next after the Word "subscribed," in this Proviso.

Resolved, That this Proviso be read the Third time.

The said Proviso was read the Third time, accordingly.

Resolved, That this Proviso be Part of this Act.

The Question being propounded, That not any more Provisoes shall be received to this Bill, after this Day;

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

It passed with the Affirmative.

And the main Question being put, That any more Provisoes shall be received to this Bill, after this Day;

It passed with the Negative.