House of Commons Journal Volume 7: 26 February 1652

Thursday, the 26th of February, 1651.

Prayers.

Whalley's Petition.

THE humble Petition of Edward Whalley, Commissary General, was this Day read.

Ordered, That the said Petition be referred to the Committee of Obstructions, for Sale of Lands forfeited to the Commonwealth for Treason, to hear and determine the Business, and to consider of other Lands to be set out for Satisfaction of the Creditors; or, if that may not be conveniently done, then, of other Lands of equal Value, to be settled upon the Petitioner, and his Heirs, in lieu of those Lands to which the Title of the Crediditors shall be allowed.

Nalton pardoned.

The humble Petition of James Nalton, Minister of Lconard Foster Lane, in London, was this Day read.

Resolved, That the said Mr. James Nalton, be freely pardoned, both for Life and Estate, for or in respect of all High Treasons, Misprisions and Concealments of Treasons, and all other Crimes or Offences whatsoever, for, touching, or concerning his being privy unto, or acting in, the late Correspondency held with or between Wm. Drake, Christofer Love, or any other Persons Traitors or Enemies of this Commonwealth: And that the said Mr. James Nalton, and his Estate, be fully and freely discharged of and from all Sequestrations, Imprisonment, Bail, or Restraint whatsoever, touching the same: And that Mr. Attorney General be authorized and required to prepare a Pardon in common Form, for that Purpose: And the Lords Commissioners of the Great Seal of England be authorized and required to pass the same under the Great Seal, accordingly.

Jenkin, &c. pardoned.

Ordered, That Mr. Attorney General be authorized and required to prepare the like Pardons in common Form, for Mr. Wm. Jenkin, Mr. Thomas Case, Mr. Ralph Robinson, Mr. Thomas Watson, Roger Drake Doctor of Physick, and Mr. Arthure Jackson, in Pursuance of the former Votes of Parliament, for the like Crimes and Offences: And that the Lords Commissioners for the Great Seal of England be authorized and required to pass the said several Pardons under the Great Seal, accordingly.

Col. Gill's Claims.

Colonel Downes reports from the Committee of the Army, and Committee of the Northern Association:

UPON Consideration of the Business concerning Colonel George Gill, by Order of Parliament of the Eighth of November last, referred to this Committee to examine and state to the Parliament; and, upon several times hearing the said Colonel Gill and his Counsel therein; It is Ordered, by the said Committee, and the Committee of the North joined to them to that Purpose, That it be reported to the Parliament, That they do find, that, in May 1647, the Committee for Accompts of the whole Kingdom certify to the Parliament, that there was due to the reduced Officers, formerly under the Command of the late Ferdinando Lord Fairfax, whose Names were inserted in a List, the Sum of Fifty-one thousand Four hundred and Fifteen Pounds Twelve Shillings and Ten Pence, for Arrears of Pay.

The Two-and-twentieth of May 1647, the Parliament ordered the Sum of Seventeen thousand One hundred Thirty-eight Pounds Ten Shillings and Eleven Pence, should be paid in course, out of the Receipts of the Excise, with Interest, in full Satisfaction of the Demands of the said 51,415l. 12s. 10d.: And referred it to the Committee of the Northern Association, to proportion and divide the same amongst the Officers, according to the said Certificate and List.

Major Gill, being one of these reduced Officers, was mentioned in the List; and, by Certificate from the said Accomptants, his Demands amounted to 2,257l.16s. 3d.; viz. 1, 31l. 6s. 3d. Arrears of present Pay, 526l. 10s. Arrears of respited Pay; of both which Sums they did allow; and 600l. for Sixty Horses raised and furnished by him; which they did not allow, but certified it to the Parliament.

That, notwithstanding the Non-allowance of the said 600l. by the Committee of Accounts, the whole Sum of 2,257l. 16s. 3d. was, in the List, asserted to be due to Major Gill; and allowed, as Part of the 51,415l. 12s. 10d. by the Parliament.

In Pursuance of the Parliament's Order, the Committee for the North divided the 17,138l. 10s. 11d. and appointed to Major Gill 747l. 18s. 1d. accounted for one Third Part of his 2,257l. 16s. 3d.; for which he confesseth to have received Interest out of the Excise for Three-and-twenty Months.

Afterwards, the said Sum of 17,138l. 10s. 11d. was, by an Act of this present Parliament, transferred from the Excise to Deans and Chapters Lands, for Satisfaction: And, amongst others, Major Gill's Sum of 747l. 18s. 1d. was likewise transferred.

That Major Gill, having gotten his original Certificate for the said 2,257l. 16s. 3d. which was signed by the Committee of Accompts, from the Clerk to the Committee for the Northern Association, carried the same to Gurney-House; and, as appears by a Copy thereof, certified from Colonel Manwaring, Register-Accomptant, presented it to the Trustees; where it now remains: And the Trustees thereupon allowed of the 600l. for Horses, mentioned in that Account; notwithstanding it was Part of the 2,257l. 16s. 3d. formerly allowed by the Parliament, and expressed to be satisfied, by paying one Third Part thereof out of the said 17,138l. 10s. 11d.

Col. Gill's Claims.

That thereupon the said Major Gill took the Advantage of the Act of Parliament for this 747l. 18 s. 1d. transferred; and also doubled the said 600l. allowed by the Trustees; notwithstanding also, by Order of Parliament of the 16th of June 1647, that the said Major Gill received, for One Month's Pay, the Sum of Forty-two Pounds; which should have been accounted as Part of his 747l. 18s. 1d. but was not so accounted, nor abated out of the same; but Major Gill received the Interest for the whole 747l. 18s. 1d. Twenty Months after the said Forty-two Pounds, Part thereof, was satisfied.

That, upon the first Examination of this Business before this Committee, Major Gill produced the Copy of an Accompt; which, as he affirmed, was all he had to demand of the Parliament; except only Threescore Pounds, lent in Money to the Lord Ferdinando Fairefax; which Copy he also affirmed to be a true Copy of his Accompt, signed by the Committee for Accompts: And the Sum therein expressed to be due to the said Major Gill, are, as is before expressed, 1,131l. 6s. 3d. for present Pay; 526l. 10s. for respited Pay; and 600l. for raising and furnishing Sixty Horse; and no more: To all which the said Major Gill, in Excuse of himself, allegeth, That the 27th of May 1647, he delivered a Petition to the Committee for the Northern Association; wherein he prayed an Allowance of 400l. the Remainder of 600l. disbursed for his Troop; and of 570l. for his Losses and lent Monies: This his Petition was, by that Committee, ordered to be reported to the Parliament; and proves, that a Petition of his remained Twelve Months in the Hands of Mr. Bryan Stapleton, a Member of that Committee, to be reported; but was never reported to the Parliament, but delivered back again to him the said Major Gill.

That, after the 600l. for Horses was allowed by the Trustees, he acquainted Colonel Manwaring, That he was satisfied 200l. thereof by the Parliament; and that he doubled the remaining 400l. with the Interest thereof, which amounted to 200l. more: And, to prove that the 600l. doubled was not only Principal, but Principal and Interest, he produceth a Certificate from one Mr. Richard Pretty; who certifies a printed Ticket in Form, as it was delivered by the Treasurers for Deans and Chapters Lands; wherein the 600l. is expressed to be Principal and Interest.

That he never accepted the 747l. 18s. 1d. in Satisfaction of his whole Arrear and Monies disbursed; but did accept of 547l. 18 s. 1d. thereof, in full of his Arrears of Pay; and the other 200l. in Part of 600l. disbursed by him for Horses: And conceives, that the Parliament intended not any otherwise; for that, in their Order of the Two-and-twentieth of May 1647, it is expressed, That the 51,415l. 12 s. 10 d. was for Arrears of Pay.

That his original Certificate, signed by the Committee of Accompts, was delivered to him by the Clerk for the Northern Committee; for the Delivery whereof he believes he could have procured the Committee's Order, if the Clerk had denied to deliver them to him.

That he never saw the Order of Parliament, by which the 42l. received by him for a Month's Pay, accounted as Part of the 747l. 18s. 1d.; but that he did make a Discovery of that 42l. in a Petition which he delivered to the Northern Committee in June 1649.

And, lastly, offers an Accompt under his Hand, wherein are all his Disbursements for the Parliament, and his Receipts towards Satisfaction: For the Balance whereof there is 46l. mentioned to be due to him from the Commonwealth; notwithstanding he abates 1,105l. 4s. 2d. being Two Thirds of his Personal Pay, in lieu of FreeQuarter.

At the Committee, by Order of Parliament of the 30th of September last, appointed for the Consideration of the printed Book, intituled, "Innocency further cleared; or, The Case and Vindication of Colonel George Gill, &c."

January the 27th, 1651.

UPON Perusal of the said Book, and Consideration of such Passages therein as concern the Parliament, or their Proceedings; It is

Resolved, That it be offered to the Parliament, as the Opinion of this Committee, that these Words in the Title-Page of the said Book; viz. 1. "Wherein is made apparent, how the Sentence of Parliament was procured against him," are scandalous to the Proceedings of Parliament.

2. That these Words in the second Page, viz. "That, for a Crime which is no Crime at all, or, in the most rigorous Interpretation, a Mistake, I am voted uncapable of their Service," are likewise scandalous to the Proceedings of Parliament.

3. That these Words in the 13th and 14th Pages, viz. "Now by these Committees hath my Business been considered, and Report put into the Hands of Colonel Downes drawn up; but, for these Nine Months, every Day almost whereof I have attended at the Door, could I not get it brought in: And, truly, I do very much suspect, that some of the Great Ones, sitting in the House, are afraid the Matter should come in their scanning, lest it should fly in their Faces;" are scandalous to the Parliament.

That it be likewise reported to the Parliament, as the Opinion of this Committee, That the said Book contains many Passages which do much reflect upon the Reputation of several Members of Parliament, and of other Persons without: But, in regard they conceive the Order of Parliament, referring the Book to the Examination of this Committee, doth not impower them to examine any Business concerning or relating to any Member of Parliament, they have therefore forborn to mention any of the said Passages.

The House being informed, that Colonel George Gill was at the Door, and that it was his humble Desire to be heard before the Parliament proceed to Judgment;

He was called in: And, being come to the Bar, Mr. Speaker told him, "The House hath this Day taken into Consideration the Report from the Committee of the Army, of the Business referred to them concerning you; and the Parliament, being informed you desired to be heard, they have given you that Leave."

And thereupon the said Colonel George Gill did make an humble Acknowlegement of his Offences, both in doubling the 400l. and in printing the Book by him written; and professed his Sorrow, from his Soul; and humbly begged Pardon for his said Offences, and for aspersing the Parliament, or any honourable Member thereof.

Resolved, upon the Question by the Parliament, That, upon the said Colonel George Gill's humble Acknowlegement of his Offences at the Bar of the Parliament, the Parliament doth pardon the Offences, for which the former Judgment against him was given the One-and-thirtieth Day of July 1650: And that the Disability and Incapacity put upon him by that Judgment and Vote, for any further Employment or Command in the Service of the Commonwealth be taken off and discharged.

Resolved, That the Sum of Money brought into the Treasury at Gurney-House by Colonel George Gill, upon his former Doubling, together with Interest for the same, since the Time he so paid it, be allowed unto him, in Contract for the Lands by him contracted for.

Resolved, That the said Colonel George Gill be admitted to bring into that Treasury, Bills, allowable upon the Security of Deans and Chapters Lands, to the Value of the Monies due by the Bill by him formerly brought in, and by him doubled, in lieu of the said former Bill: And that the said former Bill, by him brought in, be cancelled and discharged, and no Allowance made thereof unto him.

Army.

Resolved, That Thursday next be appointed for Reports from the Committee of the Army; and nothing to intervene.

Navy, &c.

Ordered, That the Report for the Navy and Ordnance be made on Tuesday next.

Publick Faith.

Resolved, That the Petition touching the Publick Faith be read To-morrow, after the Business of Alderman Fowke.