House of Commons Journal Volume 7: 17 February 1652

Tuesday, the 17th of February, 1651.

Prayers.

Count Oldenburgh.

THE Lord Commissioner Whitelock reports from the Council of State, A Safe-guard to be granted from the Parliament of the Commonwealth of England, to the Count of Oldenburgh, in Latin and English: Which were now read.

The Question being put, That these Words "Successoribus suis," be put into this Safeguard;

It passed in the Negative.

Resolved, That this Safeguard be granted to the Count of Oldenburgh.

Resolved, That the same be put under the Seal of the Parliament, and signed by Mr. Speaker.

Letter read.

The Lord Commissioner Whitelock reports a Letter, in English, to be sent to the Count of Oldenburgh: Which was this Day read, and assented unto.

Resolved, That this Letter be translated into Latin by the Council of State; and, that the Letter in English be sealed with the Seal of the Parliament, and signed by Mr. Speaker.

Pretended Honours.

The Lord Commissioner Whitelock reports also, the Form of a Writ to the Sheriffs of the respective Counties, according to the Act, intituled, An Act to make void all Titles of Honours, Dignities, or Precedencies, given by the late King, since the 4th of January 1641: Which was this Day read,

The Keepers, &c. To the Sheriff of the County of B.

Greeting,

WE command you, that, upon Sight hereof, according to a Tenor of an Act of Parliament, bearing Date the Fourth Day of February 1651, intituled, An Act to make void all Titles of Honours, Dignities, or Precedencies, given by the late King, since the Fourth Day of January 1641, you give Notice to all Persons whatsoever, residing within your Bailiwick, who pretend to such Honours, as in the said Act are mentioned, by any pretended Patent; to bring in their said Patents into the Court of Chancery, within Three Months after the respective Notice hereof by you given, under the Penalty of Fifty Pounds for every Month they, or any of them, shall neglect to perform the same; and to observe, fulfil, and keep, all and every Clause and Article therein contained, under several and respective Penalties mentioned in the said Act: And of the Names of the Persons to whom, and the Time when, such Notice, as aforesaid, shall be by you given, you certify us into the said Court of Chancery, with all convenient Speed, or, at the furthest, by the First of May, One thousand Six hundred Fifty-and-two: And hereof fail you not, at your Peril. Witness, &c.

Resolved, That the First Day of May 1652, be the Day for the Return of this Writ.

Resolved, That this House doth approve of the Form of this Writ: And

It is Ordered, That the Lords Commissioners of the Great Seal do pass the same under the Great Seal of England.

Ordered, That the like Writs be sent to the several Cities and Towns, that are Counties of themselves, through this Commonwealth.

Merchants Complaints.

Colonel Marten reports, from the Council of State, the Narrative of Major Wm. Burton, and Robert Robbins, James Johnson, and Edm. Thaxter, of Great Yarnmouth, in the County of Norfolk, Merchants: Which was this Day read.

Sheweth,

THAT the Narrator James Johnson did, upon the last Day of September last, in Behalf of the said Major William Burton, Edward Thaxton, and himself, write to James Woode Merchant of Rochell, to lade a Flemish Vessel with Salt, and a small Quantity of Vinegar, for their joint Account, to come to the Port of Great Yarnmouth: The said Wood, in pursuance of that Order, as by his Letter of the 6th November /26th October, and by a Copy of a Charter-Party sent therewith appears, freighted The Bay Corfe of Amsterdam, Martin Gileson Master, to come for Yarnmouth, as aforesaid; and laded her accordingly: But where the said Ship now is, the Narrators know not; but think she is in Holland.

And the Narrators further humbly declare, That the said Major Burton and Edmund Thaxter did, in Behalf of Themselves and the other Narrators, upon the 7th of October last, at Great Yarmouth, hire a Ship, called The Young Cooke of Surdam, John Johnson Cook Master, as by Charter-Party appears, to go to Rochell, and there to take in his Lading of Salt, and a small Quantity of Vinegar; and to return to Yarmouth aforesaid: Which said Master; being laden at Rochell, hath carried the Narrators Goods into Holland, refusing to deliver the said Goods at Yarmouth, by reason of the late Act, unless they may have Security of the Narrators, as well for the free coming and returning, as for the Freight; and thereby the Narrators are in Danger of losing their Goods.

And the Narrators further say, That the Salt thus by them sent for, was for the Expence of the Fishery: And, that if your Honours shall not please to give Liberty for the Unlading thereof, there will not be Salt sufficient, as they humbly conceive, for the Expence of the Fishers; who usually, at this Season, from Yarmouth and the Parts adjacent, do go to Westmony Island, Farry, and the North Seas: Nor can Salt, by reason of the Shortness of Time; be fetched by English Shipping, for their Supply; neither can they otherwise, at present, be elsewhere furnished.

The Narrators humble Desire is, That this most honourable Council will be favourably pleased to give Liberty, that the Narrators may unlade the said Salt and Vinegar out of the said Ships, without Seizure; and that the said Ships may be freed from Confiscation, by reason of the said Act.

And they shall pray, &c.

Sworn at the Council, the19th of January 1651.

Wm. Burton, James Johnson. Gualter Frost.

The Question being propounded, That this House doth dispense with the Forfeiture and Confiscation of the Ship The Bay Corf of Amsterdam, Martin Gileson Master; and the Ship The Young Cook of Surdam, John Johnson Cook Master; and of the Salt and Vinegar in the said Ships; notwithstanding the Act, intituled, An Act for the Increase of Shipping, and Encouragement of Navigation; and that the Commissioners for the Customs, and all other Officers, whom it doth concern, do take Notice hereof, and yield Obedience, accordingly;

The House was divided.
The Yeas went forth.

So it was Resolved, That this House doth dispense with the Forfeiture and Confiscation of the Ship The Bay Corf of Amsterdam, Martin Gileson Master; and the Ship The Young Cook of Surdam, John Johnson Cooke Master; and of the Salt and Vinegar in the said Ships; notwithstanding the Act, intituled, An Act for the Increase of Shipping, and Encouragement of Navigation; and that the Commissioners for the Customs, and all other Officers, whom it doth concern, do take Notice hereof, and yield Obedience, accordingly.

Merchants Complaints.

Mr. Chaloner reports from the Council of State, The humble Narrative and Case of Arnold Beak, Peter Mathews, and Wm. More: Which was this Day read.

Ordered, That this Case be referred to the Consideration of the Council of State, with Power to hear, and determine the same; and to dispense with the Penalty, Forfeiture, and Confiscation, upon the Act, intituled, An Act for Increase of Shipping, and Encouragement of Navigation; if they see Cause.

Ditto.

Ordered, That the Case of Bernard Ellers be referred to the Consideration of the Council of State, with Power to hear and determine the same; and to dispense with the Penalty, Forfeiture, and Confiscation, upon an Act, intituled, An Act for Increase of Shipping, and Encouragement of Navigation; if they see Cause.

Merchants Complaints.

The Case of Maurice Thompson is likewise referred to the Council of State.

The Case of George Crowle is likewise referred to the Council of State.

The Cases of John Ramsey and Robert Allain are likewise referred to the Council of State.

The Case of Thomas Fincham is likewise referred to the Council of State.

The Case of John Rookes is likewise referred to the Council of State.

The Case of the Eele Ships is likewise referred to the Council of State.

The Case of John Sandis is likewise referred to the Council of State.

The Case of Robert Aldus is likewise referred to the Council of State.

The Case of Philip Trevers is likewise referred to the Council of State.

The Cases of James Clerk and Edward Warger are likewise referred to the Council of State.

The Case of Thomas Cox is likewise referred to the Council of State.

The Cases of John Raines and John Young are likewise referred to the Council of State.

Sir Arthur Hesilrige reports from the Council of State, the Petition and Narrative of Christofer Nicholson of Newcastle, Merchant.

The Question being put, That the Case of Christofer Nicholson, in his Petition and Narrative, be referred to the Council of State, to hear and determine the same; with Power to dispense with the Penalties, Forfeitures, and Confiscation, upon the Act, intituled, An Act for the Increase of Shipping, and Encouragement of Navigation; if they shall see Cause.

The House was divided.
The Yeas went forth.

So it was Resolved, That the Case of the said Christofer Nicholson, in his Petition and Narrative, be referred to the Council of State, to hear and determine the same; with Power to dispense with the Penalties, Forfeitures, and Confiscation, upon the Act for the Increase of Shipping, and Encouragement of Navigation; if they shall see Cause.

Resolved, That the Case of John Freeman Merchant, be likewise referred to the Council of State.

Resolved, That the Case of Robert Richbell of Southampton, Merchant, be referred to the Council of State, to hear and determine the same; with Power to dispense with the Forfeiture and Confiscation in the Act for Increase of Shipping, and Encouragement of Navigation, if they shall see Cause; notwithstanding the former Resolve of Parliament touching the Ship Kesar.

Resolved, That the Case of Thomas Tookey of London, Merchant, concerning a small Quantity of double-refined Sugar, be referred to the Council of State, to hear and determine the same; with Power to dispense with the Forfeiture and Confiscation in the Act for Increase of Shipping, and Encouragement of Navigation; if they see Cause.

The humble Petition of the Merchants of the City of York, and Towns of Kingston upon Hull, and Leeds, trading into the Low Countries . . .

Resolved, That the Case of the Petitioners, concerning the Ships mentioned in the said Petition, be referred to the Council of State, to hear and determine the same; with Power to dispense with the Forfeiture and Confiscation in the Act for Increase of Shipping, and Encouragement of Navigation; if they see Cause.

Resolved, That the Commissioners of the Customs be authorized and empowered to take order, that the Goods which came in the Ship Jonas, and were formerly dispensed with, by the Parliament, from Forfeiture and Confiscation, upon the Act for Increase of Shipping, and Encouragement of Navigation of this Nation, be unladen out of the said Ship Jonas into some other Ship, and to be brought into some Port of England; and to take care that the Goods, so to be brought in, be the same formerly dispensed with, and no other; and that the same be discharged of any Forfeiture or Confiscation, according to the former Vote of Parliament.

Resolved, That the Case of George Price, concerning the Ship Dolphin, laden with Prusia Masts, be referred to the Council of State, to hear and determine the same; and to dispense with the Penalties, Forfeiture and Confiscation, by the Act for Increase of Shipping, and Encouragement of Navigation; if they see Cause.

Resolved, That the Case of Richard Boone, touching The Mary of London, be referred to the Council of State, to hear and determine the same; and to dispense with the Forfeiture and Confiscation, upon the Act for Increase of Shipping, and Encouragement of Navigation; if they see Cause.

Act of Oblivion.

Resolved, That the Debate upon the Act of Oblivion, be taken up To-morrow Morning, the first Business; and nothing to intervene: And that Mr. Speaker do put the House in mind hereof.

Forfeited Estates.

The Case of Walter Strickland Esquire, certified by the Commissioners of Goldsmiths-hall, was this Day read.

Ordered, That this Case be referred to the Committee for Obstructions, for Sale of the Lands and Estates forfeited to the Commonwealth for Treason, to consider thereof, and appoint to which of the Treasuries the Five hundred Pounds, therein mentioned, shall be paid; and that, upon Payment thereof into such Treasury, as the said Committee shall appoint, and the Receipt of such Treasurer, the said Mr. Walter Strickland be discharged for and touching the said Sum of Five hundred Pounds.

Letters, &c. read.

Sir Wm. Masham reports, from the Council of State, a Letter from Sir George Aiscue, dated on Board The Rainbow, in Maxwell Bay before Barbadoes, 31 Octobris, 1651: Which was now read.

As also, a Letter from abroad the Rainbow at Sea, in the Latitude of the 28. 40. No. La.

He reports likewise, a Declaration sent by Sir George Ayscue to the People in the Barbadoes, dated the 17th of October 1651, from aboard the Rainbow: Which was likewise read.

And likewise, several Intercourses of Letters between Sir George Aiscue and the Lord Willoughby; together with his Summons to him; and his Answer: Which were all of them this Day read.

Army Arrears.

Mr. Bond reports from the Council of State, Papers, delivered into the Council, concerning Arrears due to the Army that was in Scotland; with their Desire, That the Committee of the Army, or such others as the Parliament shall appoint, may peruse the said Papers, and proceed thereupon, as the Parliament shall judge fit and direct, for the speedy putting of an Issue to the Matters contained therein, if they shall think fit.

At the Council of State at Whitehall.

THAT the Papers delivered into this Council, concerning Arrears due to the Army that was in Scotland, be humbly reported to the Parliament: And that they be desired, That the Committee for the Army, or such others as they shall appoint, may peruse the said Papers, and proceed thereupon, as the Parliament shall judge fit and direct, for the speedy putting of an Issue to the Matter contained therein.

At the Council of War at Whitehall, 12 Januarii 1651.

THAT Colonel Thomlinson, Colonel Twisleton, Major Haines, Major Knight, Major Husbands, Major Goodrick, Lieutenant-Colonel White, Lieutenant-Colonel Michell, and Captain Baines, or any Three or more of them, be appointed a Committee, to attend the Committee for the Scottish and Irish Affairs; with the Paper hereunto annexed, reported to the Council this Day by Lieutenant-Colonel White; and which they consented unto, with the Addition of One Week's Pay to the Troopers and Noncommissioned Officers of Horse, in Satisfaction of the Arrears therein mentioned.

Signed in the Name, and by the Appointment of the Council of War.

Ri. Hatter, Secretary.

December 29th 1651.

WHEREAS, at a Council of War held by the Officers at Whitehall, a Committee was appointed to speak with Captain Blackwell, Deputy Treasurer at War, and Captain Deane, Secretary to the Committee for the Army, about the Arrears of the Officers and Soldiers due for the Service of Scotland, from the 20th of May 1650, until the 20th of October 1651: They have agreed as followeth;

1. That there is Thirty Weeks Pay due to the Horse, and their Accompts made even, for all Provisions, unto the Second of June 1651.

2. There is due to the Foot Twenty Weeks Pay, their Accompts made even to the First of April.

3. Agreed upon the Lump, Fourteen Weeks for the Horse, and Ten Weeks for the Foot, for private Soldiers and Non-commissioned Officers; provided it be paid in Money in a short Time; and that the State do discharge Tickets, or Quarter, in England.

4. That the Officers of the Horse shall be paid Twenty Weeks Arrear; and the Officers of the Foot Thirteen: The Officers and Gentlemen of the Life-Guard, Two Thirds of their Arrears.

5. That the Officers do give an Accompt of the Moiety, or just Part, of what is due to every Soldier and Officer, that were in their Regiments, Troops, or Companies, the 20th of October Muster, unto the Committee for the Army.

6. That all Soldiers that went off with Leave before the 20th of October, and have Arrears due; and all Widows, Orphans, and Assigns, of such as have been slain or died in the Service; shall be certified under the Hand and Seal of the Chief Commission Officer present with each Troop or Company; or by a Field Officer of the Regiment: And that it shall be allowed in their next Warrants after it is so certified.

Signed by the Committee, as followeth,

Tho. Pride,
Wm. Goodrick,
Char. Worsley,
Fra. White.

The full Time for which the Forces are to be accompted with for, is from the 20th of May 1650, to the 20th of October 1651; which is 74 Weeks.

Resolved, by the Parliament, That it be referred to the Committee of the Army, to consider of the said Papers, and confer with the Committee of Officers in the Behalf of themselves and the Soldiers, upon these Proposals; and to make such Agreement with them, as they shall judge best for the Good and Advantage of the Commonwealth; and to report the same to the House for their Approbation: And that the Committee do make Report therein, with all convenient Speed.

Grant to Burton.

The humble Petition of Sarah Burton the Relict, and Henry Burton Son of Henry Burton deceased, was this Day read.

Resolved, by the Parliament, That Lands of the clear yearly Value of 200l. by the Year, be settled upon the said Sarah Burton and Henry Burton, out of the Estate of some Delinquent; that is to say, Lands of One hundred Pounds by the Year to be settled upon the said Henry Burton, and his Heirs; and other Lands of the Value of One hundred Pounds by the Year, to be settled upon the said Sarah Burton, for her Life; and, after her Decease, to the said Henry Burton and his Heirs for ever.

Resolved, That it be referred to the Committee who are to bring in the additional Act for Sale of the Estates of Delinquents, to consider of particular Lands of that Value, which are to be comprised in that Bill, to be settled according to the precedent Vote: And that they do take care, that there be a Clause inserted into the same Act, for the settling of the said Lands according to the said Vote, and in such Manner, as is thereby directed: And the particular Care hereof is referred to Mr. Garland.