House of Commons Journal Volume 7: 11 February 1652

Wednesday, the 11th of February, 1651.

Prayers.

Leighton's Estate.

MR. Pury reports from the Committee for removing of Obstructions, the State of the Case of Harecourt Leighton Esquire.

IN the Case of Harecourt Leighton Esquire, I find, That the Petitioner, in Consideration of a Thousand Pounds, by Bargain and Sale, inrolled the 10th of September 18° Caroli 1642, did bargain and sell to Thomas Moulson Esquire, his Heirs and Assigns for ever, the Manors of Plaish, and Holtpreene, with their Appurtenances; and the Rectory of Cardington, and the Advowson of the Vicarage of Cardington; all lying in the County of Salop; and all his Lands and Tenements in the Parishes of Cardington and Luscott, in the said County of Salop: And did likewise become bounden, by one Statute, bearing the same Date, acknowleged before Sir John Bramston Knight, then Lord Chief Justice of the King's Bench, unto the said Thomas Moulson, in the Sum of Two thousand Pounds; as appeared to me, upon Search and View of the said Statute in the Petti-bag Office.

And by one other Deed indented of Defeasance between the said Thomas Moulson and the said Harecourt Leighton, bearing the same Date, reciting the said Deed of Bargain and Sale, of the Statute aforesaid; It was declared and agreed, that if the said Harecourt Leighton, his Heirs, Executors, Administrators, or Assigns, should pay to the said Thomas Moulson, his Executors, Administrators, and Assigns, the several Sums of Thirty-five Pounds, at the End of Three several Six Months after that Time; and 1,035£. on the 12th Day of September, in the Year 1644; that then the said Indenture of Bargain and Sale, and the said Statute should be void.

And I find, That the said Thomas Moulson made his last Will and Testament the 6th Day of September 1648, and thereby made his Brother-in-law, John Stephens Esquire, Executor of his said last Will and Testament; as by the said last Will, under Seal of the Prerogative Court, and proved by the said John Stephens, doth appear.

And I find, That the said Statute is extended by a Writ of Liberate, sued out thereupon by the said John Stephens.

All which is humbly submitted to Judgment.

Resolved, That this Case be reported to the Parliament.

Ordered, That the Judges of the Court of CommonPleas be, and are hereby, impowered and authorized, to take a Common Recovery of Thomas Stephens, an Infant within Age, eldest Son of John Stephens Esquire, of the Manors of Playshe, and Holtpreene, with their Appurtenances, and the Rectory of Cardington, and the Advowson of the Vicarage of Cardington, situate, and being in the County of Salop; and of all Lands and Tenements in the Parishes of Cardington and Luscott, in the said County of Salop, heretofore mortgaged by Harecourt Leighton Esquire, by Bargain and Sale inrolled, bearing Date the Tenth Day of September 1642, to Thomas Moulson, Esquire, deceased, for reconveying of the said Manors and Lands to the said Harecourt Leighton, and his Heirs, or to such Person, or Persons, as he shall appoint, and their Heirs.

Act of Oblivion.

The House this Day resumed the Debate upon the Act of General Pardon and Oblivion.

A Proviso was tendered to this Act, in these Words; viz. " Provided always, and be it Enacted, That no Person whatsoever above the Age of Sixteen Years, have any Benefit or Advantage by this Act, or any thing therein contained, but such only, who have taken, or shall take, the Engagement appointed by Act of this present Parliament, before one or more Justice or Justices of the Peace, in the respective Counties; who have hereby Power to administer the same, until the First Day of One Thousand Six hundred Fifty-and-two:" Which was this Day read the First and Second time.

The Question being put, That these Words in the Proviso; viz. " One or more Justice or Justices of the Peace, in the respective Counties; who have hereby Power to administer the same, until," do stand in this Proviso;

It passed with the Negative.

Resolved, That the First Day of February 1652, be the Time in this Proviso limited for Taking the Engagement.

The Question being put, That this Proviso, so amended, be Part of the Act;

The House was divided:

The Yeas went forth:

Resolved, That this Proviso, so amended, be Part of the Act.

A Proviso was tendered to this Act, in these Words; viz. " Provided always, that this Act, or any thing therein contained, shall not extend to pardon or remit any Concealment of the Estate, real or personal, Goods, Plate, or Money, belonging to William Lawd, late Archbishop of Canterbury; any thing in this Act to the contrary notwithstanding:" Which was this Day read the First and Second time; and, upon the Question, agreed unto, and ordered to be part of the Bill.

A Proviso was tendered to this Bill, in these Words; " Provided always, that this Act, nor any thing therein contained, doth or shall extend to pardon, release, acquit, or discharge any Offence or Offences whatsoever, for which any Petition or Complaint hath been presented to the Parliament, since the First of December 1651; which Petition or Complaint stands referred or committed:" Which was this Day read the First time.

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

It passed with the Negative.

A Proviso was tendered to this Act, in these Words; " Provided always, that this Act, or any Clause, Sentence, or Thing therein contained, shall not extend to the pardoning of any Offence whatsoever, which hath been committed in the late Riots and Tumults, in defacing the Church, depopulating and pulling down the Town and Mill of Santoft, and other Habitations thereabouts; destroying Corn, Rape-seed, and other Crops, growing upon the Lands thereunto belonging; killing or wounding of Persons; pulling up the Sasses; throwing down the Banks; stopping and filling up the Drains, within the Level of Hatfield Chace, Isle of Axholme, and Crowle, in the Counties of York, Lincoln, and Nottingham; and concerning which, a Petition is now depending in Parliament:" Which was this Day read the First and Second time; and, upon the Question, agreed unto, and ordered to be part of the Bill.

A Proviso was tendered to this Act, in these Words; " Provided also, that all Lands, Tenements and Hereditaments, or other real Estates, formerly belonging unto the late King, Queen, or Prince, Bishops, Deans, Deans and Chapters, or any other real Estate, belonging to this Commonwealth, concealed and detained in the Possession of any Persons whatsoever; with all Rents, Arrearages of Rents, and other Dues thereunto belonging, shall be, and are hereby, excepted from Pardon by this Act; any thing therein contained to the contrary notwithstanding:" Which was this Day read the First time.

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

It passed in the Negative.

The Question being put, That there be any Alteration of the Time, viz. the Third of September 1651, in the Proviso in this Act, touching Actions brought for Things done in relation to the late Wars;

It passed with the Negative.

Ordered, That this Debate be taken up To-morrow Morning the first Business; nothing to intervene.