House of Commons Journal Volume 5: 29 August 1648

Die Martis, 29 Augusti, 1648.

Prayers.

Leave of Absence.

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

Ordered, That Mr. Lechmere, Member of this House, shall have Leave to go into the County.

Publick Faith.

Ordered, That the Committee to whom the Ordinance for giving the Publick Faith for such Horses of wellaffected Persons, as were taken by Maximilian Bard, and other Commissaries, shall have Power, any Four of them, de die in diem, to meet.

Wayte's Arrears.

Resolved, &c. That this House doth allow of the Sum of Two thousand and Ten Pounds to be due unto Colonel Thomas Wayte, upon the Foot of his Accompt, in full of all Arrears, Respits upon Publick Faith, and Demands whatsoever; upon his Entertainment in the Service of the Parliament.

Ordered, That the said Sum of Two thousand Pounds and Ten Pounds, due unto Colonel Thomas Wayte, upon his Entertainment in the Service of the Parliament, be paid unto the said Colonel Thomas Wayte, or his Assignee, out of the Sequestrations of the Estates, real and personal, of John Pate, in the County of Leicester, Esquire; of the Lord Beaumont, of the County of Leicester, and of Wingfred Boddenham, of the County of Rutland, Esquire; in full Satisfaction of all Arrears, Demands, and Respits of Publick Faith, claimable by the said Colonel Wayte, upon his Entertainment in the Service of the Parliament: And the Committees of Sequestrations, Solicitors, and Treasurers, in the several Counties where any of the Estates of the foresaid Persons do lie, as likewise the Tenants of the foresaid Persons, are hereby authorized and required to pay the Rents and Profits that shall arise out of, and be made of the said Estates, real and personal, from time to time, unto the said Colonel Thomas Wayte, or his Assignee, until the said Sum of Two thousand and Ten Pounds be paid and satisfied, if the said Delinquents shall not, in the mean time, be admitted to Composition, and that the said Estates remain so long under Sequestrations: And the Acquittance of the said Colonel Thomas Wayte, or his Assignee, shall be, from time to time, a sufficient Discharge to the Committees, Solicitors, and Treasurers, and Tenants aforesaid, for the Payment of all such Sums, as, in pursuance hereof, they shall accordingly pay, as aforesaid.

The Lords Concurrence to be desired herein.

Delinquents.

Sir Anthony Irby reports, from the Committee at Goldsmiths Hall, divers Fines and Compositions of Delinquents: Whereupon it is resolved as followeth; viz.

Resolved, &c. That this House doth accept of the Sum of Five hundred and Fourscore Pounds, for a Fine for the Delinquency of George Gunter, of Rackton of Sussex, Esquire: His Offence, That he was in Arms against the Parliament: He rendered upon the Articles of Truro: His Estate, in Fee, in Possession, per Annum, Two hundred and Forty Pounds; in old Rents, per Annum, Six Pounds; in Reversion, per Annum, Sixty Pounds: for Five Years, per Annum, Eight Pounds: For which his Fine, at Two Years Value, is Five hundred and Fourscore Pounds.

An Ordinance for granting a Pardon unto George Gunter, of Rackton in the County of Sussex, Esquire, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of Five hundred Eighty-nine Pounds, for a Fine, for the Delinquency of Richard Edgcombe, of Brodrugam in the County of Cornwall, Gentleman: His Offence, That he adhered to the Forces raised against the Parliament: He was referred to compound at Two Years Value, by Order of the House of Commons, the Fifteenth of February 1646: His Estate, in Fee and Fee Tail, per Annum, Eighty-seven Pounds Nineteen Shillings; in old Rents, per Annum, Nineteen Pounds Eighteen Shillings and Six-pence; for Three Lives, per Annum, One hundred Eighty-three Pounds; personal Estate, Two hundred Pounds: For which his Fine, at a Tenth, is Five hundred Eighty-nine Pounds.

An Ordinance for granting a Pardon unto Richard Edgecombe, of Brodugam in the County of Cornwall, Gentleman, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of Five hundred Threescore and Seven Pounds Eight Shillings and Eight-pence, for a Fine, for the Delinquency of Wm. Barnston, of Charlton in the County of Chester, Esquire: His Offence, That he adhered to the Forces raised against the Parliament: He rendered upon the Articles of Oxford: His Estate, in Fee Tail, per Annum, One hundred Forty-three Pounds Ten Shillings; for One hundred Years, per Annum, Nine Pounds; for Three Lives, per Annum, One hundred Eighty-three Pounds Thirteen Shillings and Four-pence; in personal Estate, Fifty Pounds: Out of which issues, per Annum, for ever, Six Pounds Ten Shillings and Eight-pence: Fine, at a Tenth, Five hundred Threescore and Seven Pounds Eight Shillings and Eight Pence.

An Ordinance for granting a Pardon unto Wm. Barnston, of Charleton in the County of Chester, Esquire, for a Fine, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of Two thousand Five hundred Thirteen Pounds, for a Fine, for the Delinquency of Pierce Edgcombe, of Mount Edgcombe in the County of Devon, Esquire: His Offence, That he was in Arms against the Parliament: Admitted by an Order of the House of Commons, of the Fifteenth of February 1646, to compound at Two Years Value: His Estate, in Fee, per Annum, Seven hundred Forty-one Pounds Nineteen Shillings and Two Pence; in old Rents, in Fee, per Annum, Fiftyeight Pounds; for Three Lives, per Annum, Two hundred Forty-four Pounds; in old Rents, for Three Lives, per Annum, Four Pounds Ten Shillings; for Eight Years, per Annum, Twenty-four Pounds Fifteen Shillings; in Money Goods, and Chattels, Two thousand Two hundred and Ten Pounds: Out of which issues, for ever, per Annum, Forty-one Pounds Five Shillings and Eleven-pence: Which leaves the Fine, at a Tenth, Two thousand Five hundred Thirteen Pounds.

An Ordinance for granting a Pardon unto Pierce Edgcombe, of Mount Edgcombe in the County of Devon, Esquire, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of Two hundred and Fifty Pounds, for a Fine, for the Delinquency of Elizabeth Rogers, of Everton in the County of Nottingham, Widow: Her Offence, That she left her Dwelling, and went into the Enemies Quarters: She rendered upon the Articles of Newark: Her Estate, for One Life, per Annum, One hundred Thirtytwo Pounds and Eight Shillings; for Two Years per Annum, Twenty Pounds; in Debts owing her, One thousand Pounds: She owes Eight hundred and Fifty Pounds: Her Fine, at a Sixth, is Two hundred and Fifty Pounds.

An Ordinance for granting a Pardon unto Elizabeth Rogers, of Everton in the County of Nottingham, Widow, for her Delinquency, and for taking off the Sequestration of her Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of One thousand Four hundred and Fourteen Pounds, for a Fine, for the Delinquency of Edmond Ashton, of Chatterton in the County of Lancaster, Esquire: His Offence, That he adhered unto and assisted the Forces raised against the Parliament: He rendered upon Oxford Articles: His Estate, in Fee, per Annum, Twenty-eight Pounds; in old Rents, per Annum, One hundred Pounds; in a Rectory, of the Value of One hundred and Forty Pounds, per Annum: Out of which issues, per Annum, for ever, Two Pounds and Six-pence; for One Life, per Annum, Twenty-one Pounds Thirteen Shillings: Which leaves the Fine, at a Tenth, One thousand Four hundred and Fourteen Pounds: But, if he settle Forty Pounds per Annum for Increase of Maintenance to the Minister of the Chapel of Shaw, and his Successors for ever; and One hundred Pounds per Annum, for ever, for Maintenance of the Minister of Oldham, and his Successors for ever; the whole Fine is to be remitted.

An Ordinance for granting a Pardon unto Edmond Ashton, of Chatterton in the County of Lancaster, Esquire, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of Three hundred and Threescore Pounds, for a Fine, for the Delinquency of Wm. Mucklow, of Arley in the County of Worcester, Gentleman: His Offence, That he adhered to the Forces raised against the Parliament: He rendered in November 1645: His Estate, in Fee, in Possession, per Annum, One hundred and Eighty Pounds: For which his Fine, at a Tenth, is Three hundred and Threescore Pounds.

An Ordinance for granting a Pardon unto Wm. Mucklowe, of Arley in the County of Worcester, Gentleman, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Bishops Lands.

Upon Colonel Harvie's Report of some Cases of Difficulty tendered by the Contractors for Sale of Bishops Lands; It is Resolved as followeth, in the Cases following;

Obstructions occurring the Contractors, in some of their Treaties for Sale of Bishops Lands; and by them humbly presented to the Honourable House of Commons, for Resolution.

1. By an Act made in the Beginning of this present Parliament, certain Lands within the Manor of Fulham, whereof Sir Nicholas Crispe had an Estate in Fee, are vested in the Bishop of London, and his Successors: And, in lieu thereof, other Lands there, Parcel of the Demesnes of the said Manor, which Sir Nicholas Crispe had in Lease for Three Lives from the Bishop, are vested in the said Sir Nicholas, as by way of Exchange; and a Lease directed to be made by the said Bishop of the Lands so vested in him, and his Successors, in Exchange, as aforesaid, in lieu of the Lands which were formerly leased to Sir Nicholas Crispe for Three Lives; and were now, by this Act, vested in him and his Heirs.

The said Exchange being perfected and executed according to the said Act; and the Lease, made in pursuance thereof, being since 1 Decembris 1641; to wit, in January 1641; and all Leases, Grants, &c. since 1 Decembris 1641, being made void, by the Ordinance for Sale of Bishops Lands; and the Lessees and Grantees to hold their former Leases in case any such were in being;

The Contractors humbly desire the House's Resolution, Whether the Lease of the Premises, made in pursuance of the Act aforesaid, since 1 Decembris 1641, shall be taken as good and valid, notwithstanding the Ordinance aforesaid.

Resolved, &c. That this House doth agree with the Committee, and do order, That the aforesaid Lease, dated in the Month of January 1641, in pursuance of an Act of this present Parliament, be made good according to the Tenor thereof.

2. The Earl of Pembroke, immediate Tenant, by Lease, of the Manor of Downton in Com' Wiltes, Parcel of the Possessions of the late Bishop of Winton; upon which there is Wood and Timber, returned by the Survey to the Value of Five thousand Eight hundred and Fifty Pounds, excepted out of his Lordship's Lease; desires, by his Agents, within the Thirty Days allowed him by the Ordinance, to be admitted to the Pre-emption of the said Manor; waving the Wood and Timber, as conceiving it over-valued; and conceives, he ought in Justice to be admitted to treat; the Wood and Timber being excepted, and he having no Tenancy in it: Which, notwithstanding, the Contractors have suspended; conceiving it prejudicial to the State to sell the Manor without the Wood and Timber; being, in such Case, like to remain unsold. Which they therefore humbly submit to the Direction of the House.

Resolved, &c. That this House doth agree with the Committee; and do order, That it be referred to the Discretion of the Contractors, or any Five of them, to dispose of the Manor of Downton, and the Woods thereon, as they shall judge best for the Commonwealth.

3. The Bishop of Bath and Wells, 32 Elizabethæ, made a Lease of Part of a Manor in the County of Sommersett to the Queen, for One hundred and Twenty Years; rendering Twenty Pounds Rent per Annum, and Ten Pounds ultra every Tenth Year: The Surveyors of the said Manor return, That they find not, that either of the said Rents have ever been paid. Now the whole Manor being contracted for, and the Purchaser unwilling to pay for the said several Rents, unless he might have some Assurance which way to receive them; and having left them under such a Condition in his Contract; the Contractors humbly desire the House's Resolution what they shall do in the Premises.

Resolved, &c. That this House doth agree with the Committee, and do order, That the next above Case, touching the Manor in Somersettsheire, be referred to the Contractors, or any Five of them, to dispose as they judge best for the Commonwealth.

Sale of Bishops Lands.

4. The Surveyors of the Manor of Bishops Cannings in Com' Wiltes, Parcel of the Possessions of the late Bishop of Sarum, have, in their Survey, returned several Parcels of the said Manor to be in the Possession of Sir Edward Bainton Knight; by what Title, they knew not, he refusing to show forth his Evidence, or discover his Interest therein, either unto them, or the Contractors, who have also desired the same. The whole Manor being contracted for, and the Purchaser conceiving he ought not in Justice to be urged to pass his Assurance of the Whole, before it be cleared what Title Sir Edward Bainton hath to such Part as he holds, as aforesaid; the rather in regard, as is alledged, he pretends it to be his own Inheritance; the Contractors humbly desire the Houses Order for the said Sir Edward Bainton (being one of their Members) to shew forth his Evidence, and discover his Title; that the Purchaser may thereupon be enabled to perfect his Contract for the said Manor; the Purchase whereof amounteth to the Value of Seven thousand Six hundred and Eighteen Pounds, or thereabouts.

Resolved, &c. That this House doth agree with the Committee; and do order, That the Contractors, or any Five of them, do dispose of the Manor of Bishops Cannings, or any Part thereof, that is without Controversy, as they shall judge best for the Commonwealth.

5. Some Offers having been made to the Contractors, in the Beginning of their Sitting, by immediate Tenants of divers of the Bishops Lands, for their several Tenements, lower than they then conceived they were enabled to sell by the former Ordinance, although higher than they may now sell by the Ordinance of the Seventeenth of March last: and the said Tenants being most of them disaffected, and having never since come in to make good the former Proffers; the Contractors humbly desire the House's Direction, Whether, notwithstanding the Clause in the former Ordinance, limiting them, in case of the Tenants not agreeing within Thirty Days after the Return of the Survey, to sell to others, so that . . . . at higher Rates than were offered by the Tenants; they may not, with reference to the Circumstance aforesaid, now take such Rates as they can procure for the said Lands, though lower than was formerly proffered by the Tenants.

Resolved, &c. That this House doth agree with the Committee, and do order, That notwithstanding any Offers formerly made by any Tenant, it be referred to the Contractors, or any Five of them, to sell any of the Lands or Possessions of Archbishops or Bishops, as they judge best for the Commonwealth; so as they sell them not under the Rates limited by the Ordinance of the Seventeenth of March 1647.

Ordered, That it be referred to the Committee appointed for the Sale of Bishops Lands, to consider of and inquire into the State of the Matter of Fact touching those Particulars of the Manor of Bishops Canons in the County of Wiltesse, that are in Controversy.

Excise.

Ordered, That Thursday next be appointed, peremptorily, to take into Consideration the whole Business of the Excise, for the Improvement and Advancement thereof.

Surrey Horse.

Sir Richard Onslowe reports the Amendments to the Ordinance for maintaining and raising a Troop of Horse in the County of Surrey, out of the Sequestrations of the new Delinquents Estates in the County of Surrey, in the Insurrection of the Earl of Holland: The which Amendments were twice read; and upon the Question, assented unto.

And an Addition being made to the Ordinance, For adding a Company of Foot; the Ordinance so amended, upon the Question, passed; and is ordered to be sent unto the Lords for their Concurrence.

Sir Richard Onslowe is appointed to carry it to the Lords.

Darley's Petition.

Ordered, That Sir Richard Darley's Petition be read, peremptorily, the first Business, on Thursday Morning next.

Disposing of Prisoners.

According to former Order, the House took into Consideration the Manner of disposing the Prisoners of the Scottish Army.

Colonel Rigby, Mr. Pierrepont, Colonel Moore, Sir Ralph Ashton, Colonel Harvey, Sir Antho. Irby, Sir John Maynard, Colonel Birch, Mr. Challener, Mr. Thorpe, Colonel Venne, Mr. Swynfen, Colonel Thomson, Sir Robert Harley, Sir Wm. Waller, Mr. Hungerford, Mr. Nath. Fiennis, Sir John Danvers, Mr. Holland, Sir Tho. Widdrington, Mr. Hen. Darley, Sir John Curson, Sir Wm. Lister, Mr. Blakiston, Mr. Annesley, Mr. Thinne, the Knights and Burgesses of Cheshire, Leicestersheir, Derby, Staffordsheir, Shropsheir, Lincoln, Lancasheire, Rutland, and Northamptonshire, and of all the Northern Counties;

This Committee is appointed to consider of some Course how to distinguish whether any of the Foot Soldiers of the Scottish Army were forced Men; to distinguish those Troopers and Foot that came out of Ireland; those that were formerly of Montrosse's Men; to consider how those Countries that are now oppressed with Prisoners, may be eased by dispersing and disposing of them into several Counties; and how the rest of the Kingdom may contribute to the Charge of them in those Counties that they shall be dispersed into. They are likewise to conser and advise with such Persons as shall tender Propositions for the Conveying and Transporting of the said Prisoners; and to consider of their Propositions; and what Security they will give for the present Discharge of the Counties from the Charge and Burden of them. And the Committee has Power to contract for transporting such of the Prisoners beyond Seas, as shall not appear to be forced Men, upon sufficient good Security given for the present Discharge of the Countries: And are to meet this Afternoon, in the Exchequer Chamber, at Three of Clock; and so de die in diem: And have Power to send for Parties and Papers; and to report with all convenient Speed.

Ordered, That the Lord Grey have the Command of Ashby de la Zouch, and be desired to take care for the securing and safe-keeping Duke Hamilton a Prisoner there, till further Order of this House; and to allow him Two Servants to attend him, and no more: And that he do likewise take care of the Safe-keeping of the rest of the Officers and Gentlemen that are Prisoners; and that the other Prisoners may be secured.

Letter from the King.

A Message from the Lords, by Doctor Aylett and Mr. Page;

The Lords have received a Letter from the King: Which they have commanded us to communicate unto this House.

The Letter was read; and was directed for the Earl of Manchester, Speaker of the House of Peers pro tempore, and Will. Lenthall, Speaker of the House of Commons; dated in the Top "Carisbrooke, 21 Augusti 1648;" and subscribed "Your good Friend, Charles R."

Message from the King.

A Letter from Colonel Robert Hamond, Governor of the Isle of Wight, from Carisbrooke Castle, of the 27 Augusti 1648, was this Day read.

Ordered, That this Business of the King's Message be taken into Consideration on Thursday Morning next, at Ten of Clock: And the Members of the House are to take Notice hereof.

Surrender of Colchester.

A Letter from Colchester, of 28 Augusti 1648, was read; relating the Conditions of the Surrender of Colchester.

Grant to Messenger.

Ordered, That the Sum of Twenty Pounds be bestowed upon Phineas Payne, the Messenger that brought the good News of the Surrender of Colchester: And that the said Sum of Twenty Pounds be paid unto the said Phineas Payne, or his Assignee, by the Treasurers at Goldsmiths Hall, out of Sir Charles Kemish his Fine: And that the Acquittance of the said Phineas Payne, or his Assignee, shall be a sufficient Discharge to the Treasurers at Goldsmiths Hall, for the Payment of the said Sum of Twenty Pounds accordingly.