House of Commons Journal Volume 4: 3 September 1646

Die Jovis, 3 Septembris, 1646.

Prayers.

MR. John Ashe reports several Fines for Compositions, and Ordinances thereupon, from the Committee at Goldsmiths-Hall. And

It is Resolved, &c. That this House doth accept of the Sum of Two thousand Pounds of Sir Patricius Curwin, of Workington in the County of Cumberland, Baronet, for a Fine for his Delinquency: His Offence is, That, being One of the Members of the House of Commons, he deserted the Parliament, and sat in the Junto at Oxford, and was a Commissioner of Array; but submitted himself the last Day of October 1644: His Estate, in Fee, is One hundred and Fifty Pounds per Annum; Three hundred Thirtyone Pounds Six Shillings and Eight-pence per Annum, in Fee-Tail; Thirty Pounds per Annum, in customary Rents; Twenty Pounds per Annum, for Seven Years to come; and Eighty Pounds per Annum, as it was worth formerly, in Fishings, Salt-Pans, and Coal-Mines.

An Ordinance for granting a Pardon unto Sir Patricius Curwyn, of Workington in the County of Cumberland, Baronet, for his Delinquency, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of Seven hundred and Eighty Pounds of William Roberts the younger, of Sutton-Cheney in the County of Leicester, Gentleman, for a Fine, for his Delinquency: His Offence is, Leaving his own House, and residing in the Enemies Garisons: His Estate is a Rent-charge of Two hundred Pounds per Annum, to him, and his Heirs; Four hundred and Forty Pounds per Annum, in Reversion: Out of which, the Sum of Seven-and-twenty Pounds Six Shillings and Eight-pence per Annum, for ever, is issuing to an Hospital.

An Ordinance for granting a Pardon unto William Roberts the younger, of Sutton-Cheney in the County of Leicester, Gentleman, for his Delinquency, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of One hundred Thirty-and-eight Pounds of James Moore, of Angram in the County of Yorke, Gentleman, an Attorney at Law, for a Fine, for his Delinquency: His Offence is, That he was an Assessor of Taxes levied for Maintenance of the Forces raised against the Parliament: His Estate, for Three Lives, is Fifty-three Pounds Six Shillings and Eight-pence per Annum; in Copyhold-Lands of Inheritance, One Pound per Annum; and personal Estate, to the Value of Twenty Pounds.

An Ordinance for granting a Pardon unto James Moore, of Angram in the County of Yorke, Gentleman, for his Delinquency, together with a Grant to him of his Estate, real and personal, forfeited by reason thereof, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Upon the Report of the Nature of the Delinquency, Estate, and Fine of John Bourne, of Gothelney in the County of Somersett, Esquire; and likewise of Roger Bourne, his Son;

It is Ordered, That the said Report be re-committed, upon Information of Four hundred Pounds, Part of the personal Estate of the said Mr. John Bourne, discovered by Colonel Ceely, and informed to be given, by this House, to Colonel Ceely.

Resolved, &c. That this House doth accept of the Sum of Three hundred Forty-and-six Pounds of Sir Richard Tankred, of Whixley in the County of Yorke, Knight, for a Fine for his Delinquency: His Offence is, That he was in Arms against the Parliament: His Estate, in Tail, is Three hundred Ninety-seven Pounds Ten Shillings and Eight-pence per Annum; in Reversion, after One Life, Four Pounds per Annum; an Estate, for Eighteen Years to come, in the Tythes of Minslipp, to the clear yearly Value of Two-and-forty Pounds: There is issuing, out of his Estate, Fifty-eight Pounds Six Shillings and Eight-pence per Annum: And he is to settle Forty Pounds per Annum upon the Vicar of Quicksley, and his Successors; besides the Eight Pounds per Annum, formerly allowed for ever.

An Ordinance for granting a Pardon unto Sir Richard Tankred, of Whixley in the County of Yorke, Knight, for his Delinquency, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of Four thousand Three hundred and Eighteen Pounds of John Ackland, of Columbe-John in the County of Devon, Esquire, for a Fine, for his Delinquency: His Offence is, Bearing Arms against the Parliament: He came in upon the Articles of Exeter; and was excepted in the Propositions of Uxbridge for a Third-Part of his Estate: Which, in old Rents, in Fee-Tail, is One hundred Fifty-and-four Pounds Two Shillings and Eight-pence per Annum; Eight Pounds Four Shillings and Two-pence per Annum; in Free-hold Rents, Three hundred Nine Pounds Fifteen Shillings and Ten-pence per Annum; in Demesne-Lands, Six Pounds Six Shillings and Eight-pence per Annum; Twenty Pounds per Annum, for Two Lives; Fifty-three Pounds and Twelve Shillings per Annum, for One Life; Seventy-nine Pounds Three Shillings and Eight-pence per Annum, in Reversion: Out of which Estate the Sum of Eleven Pounds Nineteen Shillings and Five-pence is issuing for ever.

The humble Petition of Richard Evans, one of the Committee for the City of Exeter, was this Day read.

A Letter from Sir Thomas Fairfax, General, of 14 Aprilis 1646, recommending John Ackland Esquire to the Favour of the House, in the Matter of his Composition, was this Day read.

Whereas John Ackland, of Colomb-John in the County of Devon, Esquire, hath compounded for his Delinquency, he having been in Arms against the Parliament; and hath delivered in a Particular of his Estate to the Committee at Goldsmiths-Hall, which, as is informed, is of far less Value than the Estate of the said John Ackland, upon a true Estimate, comes unto: It is Ordered and Ordained, by the Lords and Commons, in Parliament, That the Surplusage of the Lands, Goods, or Chattels, of the said John Ackland, over and above the Particular thereof by him delivered in to the said Committee, shall be assigned to Richard Evans, one of the Committee of the City of Exeter, spoiled and ruined by the said John Ackland; to make Reparation to the said Richard Evans for his great Losses and Damages sustained for his Service and Affections to the Parliament.

And it is further Ordered and Ordained, That the Committee, sitting at Goldsmiths-Hall, shall have Power to examine the said Information, and to assign over and convert the said Overplus of the said John Ackland's Estate to the best Advantage of the said Richard Evans.

The Lords Concurrence to be desired herein.

An Ordinance for granting a Pardon unto John Ackland, of Columbe-John in the County of Devon, Esquire, for his Delinquency, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Mr. Hodges reports, That whereas this House did formerly appoint the Sum of Two thousand Pounds to be paid to Mr. Scawen, a Member of this House, out of the Composition of the Bishop of Rochester; that the said Bishop refuseth to make any Composition for his Estate at all; so as the said Two thousand Pounds is yet unpaid to the said Mr. Scawen;

Resolved, &c. That the Sum of Two thousand Pounds, formerly ordered to be paid to Mr. Scawen, a Member of this House, out of the Bishop of Rochester's Estate, shall be now paid to him by the Committee at GoldsmithsHall, out of the Fine or Composition of Sir Wm. Thorold of Lincolnshire: And that the Acquittance of the said Mr. Scawen shall be a good Discharge to the said Committee, and the Treasurers at Goldsmiths-Hall aforesaid, for the Payment to him of the said Two thousand Pounds out of the said Composition accordingly.

Sir William Lewes carried to the Lords, for their Concurrence, the Order for Continuance of the Commissioners of the Great Seal for One Month; and the other Messages ordered to be carried up, and delivered to Sir Robert Harley, for that Purpose, Yesterday.

Ordered, That it be referred to the Committee at Goldsmiths-Hall, to compound with all such Delinquents as have come in upon Mercy sithence the First Day of May last, according to the highest Rate in the Propositions: And that the said Committee do, upon their Report, state the Nature of the Delinquencies, and the Time of the Coming in of all such Persons with whom they shall make any such Compositions: And that the Time given to all such Delinquents, as are comprised within this Order, to prosecute their Compositions in with Effect, shall be until the Third Day of October next; and, in Default of such Prosecuting of their Compositions within that time, that then their whole Estates shall be forfeited and sold: And that this Order be forthwith printed and published.

Ordered, That one Moiety of all such Collections as shall be made on Tuesday next, being the Day of Publick Thanksgiving, in the several Churches and Chapels within the Cities of London and Westminster, Lines of Communication, and Weekly Bills of Mortality, shall be employed for the Relief of the poor infected Persons of those Places; and the other Moiety for the Relief of the poor infected Persons of the County of Devon; to be disposed and distributed by the Orders and Directions of the Committee of the West: And that the Moiety of the said Collections within the City of London, and Liberties thereof, be disposed and distributed, for the Purposes aforesaid, by the Orders and Directions of the Lord Mayor, and Court of Aldermen, of the said City; and, within the City of Westminster and Out-Parishes, by the Orders and Directions of the Justices of the Peace within the said City of Westminster and Out-Parishes.

Ordered, That Sir William Allenson and Mr. Robinson do prepare and bring in an Ordinance for Disabling of Delinquents from any Practice in the Law, Common or Civil, or from holding or exercising any Office in Church or Commonwealth, without Consent of both Houses of Parliament.

Ordered, That Colonel Lindsey shall have a Recompence out of the State's Part of the Estates of such Delinquents, as he shall discover, who have not been yet sequestred or questioned for their Delinquencies; saving to all such Delinquents, as are to have the Benefit of any Articles, all such Benefit as is allowed to them by any such Articles.

A Message from the Lords, by Doctor Aylett and Doctor Heath;

The Lords do think fit, That the Earl of Cleeveland be released of his present Restraint in the Tower of London, his Lordship passing his Honour to the Lieutenant to render himself a true Prisoner again unto him within Fourteen Days next after he shall be so required by both Houses of Parliament: To which they desire your Concurrence:- That Mr. Serjeant Glanvill having lain in Prison Two Years, without any such Charge as he can, or hath been, by the House of Commons, desired to answer unto, the Lords intend to bail him on Wednesday next, unless, before that time, the House of Commons shall prosecute further against him: That the Lords have passed an Ordinance for Making of Nicolas Folkingham Vicar of the Church of Southweale in the County of Essex: To which they desire your Concurrence:-That the Lords have passed another Ordinance for making Matthew Elliston Rector of the Parish-Church of Stamford-Rivers in the County of Essex: To which also they desire your Concurrence.

Resolved, &c. That, to the Message from the Lords concerning the Earl of Cleveland, the Answer shall be by Messengers of their own.

Sir Wm. Lewes brings Answer, That the Lords will send Answer to the Order concerning the Great Seal, by Messengers of their own; and likewise to the other Matters carried by him to the Lords.

Resolved, &c. That, as to the Business concerning Serjeant Glanvile, the House will send Answer by Messengers of their own.

Resolved, &c. That a Message be sent to the Lords To-morrow Morning, to desire a longer Time for the Bailing of Serjeant Glanvile.

Mr. Bond, Serjeant Wilde, Colonel Marten, Mr. Prideaux, Mr. Nicoll, Mr. Holles, Mr. Brian Stapilton, Mr. Rolle, Mr. Young, Sir John Northcott, Sir Peter Wentworth, Mr. Baynton, Mr. Serle, Mr. Ellis, Mr. Whitelock, Mr. Tate, Mr. Aldworth, Mr. Strode, Sir John Bamfield, Mr. Rous, Colonel Thompson, Sir John Clotworthy, Sir Wm. Strickland, Mr. Smyth, Mr. Stockdale, Mr. Love, Mr. Harrington, Mr. Robinson, Mr. John Ashe, Sir Phil. Stapilton, Sir Robert Harley, Sir Tho. Dacres;

This Committee, or any Five of them, are to examine the whole Matter of Fact concerning Serjeant Glanvile; and to report it to the House; and their Opinions what Course is fit to be proceeded in with him: And are to meet To-morrow at Two of Clock in the Afternoon, in the Queen's Court: And have Power to send for Parties, Witnesses, Papers, Records, &c.

And the Care of this Business is more particularly referred to Mr. Young.

An Ordinance, sent from the Lords, for making Nicolas Folkingham Vicar of the Church of Southweale in the County of Essex, was this Day read the First time; and ordered to be read the Second time on Wednesday next.

Ordered, That the Ordinance, sent from the Lords, for making Matthew Elliston Rector of Stamford-Rivers in the County of Essex, be read on Wednesday next.

Ordered, That the Letter from the Committee at York be read To-morrow Morning.

Ordered, That the Ordinance for the County of Chester be reported To-morrow Morning, the first Business.

Ordered, That the Report concerning Sir Edward Dodsworth, Mr. Smyth, and Colonel Bampfield, be made To-morrow Morning.

Ordered, That the Petition from the County of Berks be taken into Consideration To-morrow Morning.

Ordered, That Sir John Clotworthy do carry to the Lords, for their Concurrence, To-morrow Morning, the Orders for the Lady Blany, and her Sister: And he is to desire the Lords to forbear the Bailing of Mr. Serjeant Glanvile for a longer Time.

Ordered, That Mr. James Nelthorp, a Member of this House, shall have Leave to go into the Country.

Ordered, That Mr. Anthony Nicoll, a Member of this House, shall have Leave to go into the Country.

Ordered, That Colonel Pyne, a Member of this House, shall have Leave to go into the Country.

Ordered, That Sir John Bampfield, a Member of this House, shall have Leave to go into the Country.

Ordered, That the Scholars of Westminster, elected to go from thence to Christ-Church in Oxford, may go thither, notwithstanding any Order of either House of Parliament to the contrary.

Ordered, That the Ordinance concerning Oxford be brought in To-morrow Morning.

Resolved, &c. That such Part of the Debt owing by the Earl of Arundell unto Sir Edmund Py, a Delinquent, and discovered to the Committee of Lords and Commons sitting at Haberdashers-Hall, as shall belong to the State, be paid in, by the Trustees to the said Committee, and by them issued for the Use of poor Soldiers Wives and Widows, and other poor Wives and Widows, who have Monies due to them from the State.

The Lords Concurrence to be desired herein.

Carried up by Sir Thomas Wroth.

Resolved, &c. That the Committee where Sir Thomas Dacres has the Chair, do prepare, and bring in, an Ordinance for securing, to such Person or Persons, as shall advance or lend the same, Ten thousand Pounds, upon the Receipts of the Excise, to be paid, in Course, with Interest, every Six Months, after the Rate of Eight per Centum by the Year, for the Time of the Forbearance; to be issued and distributed by the said Committee to the several Persons formerly referred unto them, according to such Lists as are remaining with them, and according to such Directions and Instructions as were formerly given to that Committee.

Answer returned by the same Messengers; That this House has considered every Particular of their Lordships Message; and will send Answer to all by Messengers of their own.