House of Commons Journal Volume 7: 4 August 1652

Wednesday, the 4th of August, 1652.

Prayers.

Prisoners reprieved.

THE Question being propounded, That Mildred Wright, Anne Wilson, and Susan Pickenden, be reprieved for One Month;

And the Question being put, That that Question be now put;

It passed with the Affirmative.

And the main Question being put; It was

Resolved, by the Parliament, That Mildred Wright, Anne Wilson, and Susan Pickenden, be reprieved for One Month: And that the Judges of Assize, before whom the said Persons were tried, do make Certificate of the Matter of Fact of the Parliament, in the mean time.

Forfeited Estates.

The House resumed the Debate upon the Bill for several Lands and Estates, forfeited to the Commonwealth for Treason, appointed to be sold, for the Use of the Navy.

Ordered, That the Blank in the Clause in the 14th Leaf of this Bill, be filled up with the " 1st of December 1652."

The Question being put, That the Clause in this Bill, " that the Reversions and Remainders upon Estates-Tail be forfeited," do stand in this Bill;

It passed with the Affirmative.

A Proviso was tendered to this Act, in these Words: Viz. "Provided that this Act, or any thing therein contained, shall not extend to make void any Remainder, Use, or Reversion, settled upon Sir William Craven, Knight, out of the Estate of William Lord Craven, or John Lord Craven his Brother, whose Estate is since descended to William Lord Craven, at or before his Marriage with Elizabeth, Daughter of Ferdinando Lord Fairfax, deceased; any thing in this Act contained to the contrary thereof in any wise notwithstanding:" Which was this Day read the First time.

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

It passed with the Negative.

Resolved, That this Proviso be rejected.

A Proviso was tendered to this Bill, in these Words: Viz. "Provided also, that this Act, nor any thing therein contained, shall not extend, nor be prejudicial, unto, bar, or destroy, extinguish, nor take away, any Right, Interest, Reversion, or Remainder, saved or preserved, or mentioned or intended to be saved or preserved, unto Charles Fleetwood Esquire, and unto Frances his late Wife, their or either of their Heirs or Assigns, unto any Manors, Lands, Tenements, or Hereditaments whatsoever, mentioned in or by the late Act for Sale of several Lands and Estates forfeited to the Commonwealth for Treason, by Order of Parliament published the 16th Day of July 1651:" 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.

Resolved, That this Proviso be Part of the Bill.

A Proviso was tendered to this Act, in these Words: "Provided always, That this Act, nor any thing therein contained, shall not extend to bar the Remainder of John Denham, an Infant, to the Estate of John Denham, late of Egham, in the County of Surrey; whose Estate is to be sold, as forfeited to the Commonwealth:" Which was this Day read the First time.

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

It passed with the Negative.

Resolved, That this Proviso be rejected.

A Proviso was tendered to this Act, in these Words: Viz. "Provided nevertheless, and it is further Enacted, That, in Recompence and Satisfaction of such Judgments, Statutes, Recognizances, Mortgages, and other Incumbrances, as by the true Intent and Provision of this Act are to be satisfied, the said Trustees, or any Five or more of them, upon the Return of the respective Surveys, are hereby impowered and authorized to set out such Proportion of the Lands so surveyed, as will be sufficient to satisfy such Incumbrance and Incumbrances; and, after such Incumbrances proved, and the Debts allowed of, by the Commissioners for removing of Obstructions, to sell and convey such proportionable Part of the said Lands, so surveyed, to such Creditor or Creditors, or their Assigns, in Recompence and Satisfaction of such Incumbrance and Incumbrances, either for Life, Lives, Years, or in Fee; the said Trustees taking Care, in satisfying such Incumbrances, to satisfy the same in such Priority and Course, as the same ought to be satisfied by the Laws of this Land; and, upon such Conveyance and Conveyances made, the said Creditor and Creditors, their Heirs, Executors, Administrators, or Assigns, shall acknowlege Satisfaction upon Record, or otherwise release and discharge such Judgments, Statutes, Recognizances, Mortgages, and other Incumbrances, respectively, as the Council of the said Trustees, and for the Commonwealth, shall direct and advise; and such Acknowlegement, Release, and Discharge, shall be good and effectual in Law, to discharge the said Debts and Incumbrances, as against the Residue of the said Lands intended to be sold, by this Act; any Law, Statute, or Usage to the contrary in any wise notwithstanding: Which was this Day read the First and Second time.

The said Proviso was read the Third time.

Resolved, That this Proviso be Part of the Bill.

A Proviso was tendered to this Act, in these Words: "Provided notwithstanding, the Contractors, or any Five of them, may have Liberty to sell to any Purchaser, for ready Money, not selling under Eight Years Purchase, any of the Lands of the several Traitors mentioned in this present Act; and the said Contractors and Trustees to have Four-pence per Pound for so much Lands as they sell for ready Money, and not otherwise, notwithstanding any thing in this Act;" Which was this Day read the First time.

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

It passed with the Negative.

Resolved, That this Proviso be rejected.

A Proviso was tendered, touching some Provision to be allowed to the Wives and Children.

The Question being put, that this Proviso be read;

It passed with the Negative.

The said Bill, with the Provisoes and Additions so amended, being put to the Question, passed: And it is Ordered, That the said Bill be forthwith printed, and published.