House of Commons Journal Volume 6: 3 June 1651

Tuesday, the 3d of June, 1651.

Prayers.

Ld. Howard.

ORDERED, That the Report touching the Lord Howard, be made This-day-fortnight; and this House do prohibit any further Examination to be taken touching that Business.

Delinquents Estates.

The House this Day resumed the Debate upon the Amendments to the Bill for Sale of several Delinquents Estates.

A Proviso was tendered to the said Bill, "That Thomasine Hippesley, on the Behalf of herself and Children, shall be paid the Sum of Nine hundred Seventy-two Pounds, with Interest for Nine Years Forbearance, out of the Estate of Sir Francis Doddington Knight, upon the Sale of his Lands; or that so much of his said Estate may be made over to the said Thomasine Hippesley, as may countervail her said Debt; any thing in this Act contained to the contrary notwithstanding:" Which was this Day read the First and Second time.

The Question being put, That this Proviso be Part of the Bill;

It passed with the Negative.

A Proviso was tendered to the said Bill, "That this Act, or any thing therein contained, shall not extend to make void and null the Benefit and Advantage of an Order of this present Parliament, of the Ninth of July 1649; whereby it was ordered, That Four hundred Pounds per Annum should be settled on Colonel Hamond, and his Heirs, for ever; and One hundred Pounds per Annum should be settled upon Captain Richard Pechell, and his Heirs for ever; out of Papists Estates in Arme, or Delinquents excepted from Pardon; but that the said Colonel Hamond, and Captain Pechell, and their several Heirs and Assigns, respectively, may have and enjoy Lands of the said yearly Values, effectually settled upon their Heirs and Assigns for ever: It is therefore Enacted, and be it Enacted, and Ordained, by this present Parliament, That the Trustees named in this Act shall be, and are hereby, impowered, authorized, and required, upon the First Returns of the Surveys of the aforenamed Estates, to dispose, assign, and convey such Proportion of the said Lands to the said Colonel Hamond, and Captain Pechell, and their Heirs, as in the said Order is mentioned, for the only Use of them, and their Heirs for ever; any thing in this Act contained to the contrary thereof in any-wise notwithstanding:" Which was this Day read the First time.

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

It passed with the Negative.

Resolved, That the said Proviso be rejected.

A Proviso was tendered to the said Bill, in these Words, "Provided always, and be it Enacted, That the Manor of Henden, in the County of Middlesex, late the Lands of Sir Peircy Harbert Knight, in the Bill mentioned, be charged with one Rent Charge of Sixty Pounds a Year, during the Life of Margarett Hooker, the Relict and Widow of Nicholas Hooker, late Goldsmith and Citizen of London: And that the same be paid to her the said Margarett Hooker, and her Assigns, upon the Four-andtwentieth of June, the Nine-and-twentieth of September, the Five-and-twentieth of December, and upon the Fiveand twentieth Day of March, by equal Portions: And, in Default of Payment thereof, or any Part thereof, the said Margarett shall and may, from time to time, distrain: Which was this Day read the First and Second time; and, upon the Question, assented unto; and ordered to be Part of the Bill.

A Proviso was tendered to this Bill, in these Words; viz. "Provided always, and it is Enacted, That Sir Gerard Lowther Knight, and Dame Margarett his Wife, and the Executors, Administrators, and Assigns of the said Sir Gerard Lowther, shall be paid the Principal Sum of One thousand Pounds Sterling, English Monies, lent unto Sir John Stowell, Knight of the Bath, with Interest due for the same, since the Loan thereof; for the Payment whereof, with Interest, the said Sir John Stowell became bound, by Two Obligations; the First bearing Date the Eight-and-twentieth of May, Anno Domini 1642; and the other the Thirteenth of July 1642; which Loan and Bonds were before the Delinquency of the said Sir John Stowell: upon which Bonds, a Judgment was had in the Court of Upper Bench at Westminster, in Trinity Term 1646, for Two thousand Pounds, with Seven Pounds Damages and Costs; which Bonds and Judgments were taken and had in the Name of Sir Henry Holcrost Knight, now deceased, in Trust for, and to the only Use, of the said Sir Gerard Lowther, and Dame Margaret his Wise: And it is further Enacted, That the said Sum of One thousand Pounds, with the Interest due for the same, as aforesaid, together with the said Damages and Costs, be satisfied and paid unto the fair Sir Gerard Lowther, and Dame Margaret, and to the Executors, Administrators, and Assigns of the said Sir Gerard Lowther, by the Treasurers in this Act named, or any of them, out of the Lands and Estate of the said Sir John Stowell, out of the First Monies that shall be raised upon the said Sir John Stowell's Lands or Estate, or any Part or Parts thereof; any thing in this Act to the contrary in any wise notwithstanding: And, for the Payment thereof, the Acquittance and Acquittances of the said Sir Gerard Lowther, or Dame Margaret, their, or either of their Executors, Administrators, or Assigns, shall be unto the said Treasurers, and every of them, and to their Deputy or Deputies, and to the Commissioners of their Accompts, and unto all and every other Person or Persons whom it may concern, a sufficient Discharge:" Which was this Day read the First Time.

And 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 nevertheless, and it is hereby further Enacted, That it shall and may be lawful to and for Sir David Watkins Knight, who hath adhered to the Parliament; and who was engaged as Surety for the said Earl of Worcester, before May 1642; and paid for him Fifteen hundred Pounds Principal Debt, with the Interest, many Years since, as appears by a Certificate from the Commissioners at Goldsmiths Hall; and had a great Part of the said Earl's Estate, in Lease, out of the Exchequer, after Outlawry, for Non-payment of the said Debt; to admit so much as is remaining of the said Debt, with Interest and Charges, to be as Doubled Money; that he the said Sir David Watkins may purchase therewith, out of the said Earl's Estate, his just Satisfaction, according to an Order of the Sixth of July 1646, and an Ordinance of the Thirteenth of May 1647; wherein is declared, That the just Debts of Papists in Arms, and other Delinquents, not admitted to Composition, should be satisfied out of such Delinquents Estates, provided such Debts were contracted before May 1642:" Which was this Day read the First and Second time.

And the Question being put, That this Proviso be Part of the Bill;

It passed with the Negative.

The Case of Sir David Watkins, upon his Desire of the Allowance of a Debt due to him from the Earl of Worcester, certified from the Commissioners for Compounding; with another Certificate thereunto annexed; were this Day read.

The Question being propounded, That it be referred to the Commissioners for Compounding, to examine the Business touching the Debt of One thousand Pounds to Sir John Evelyn from Sir George Strode, and the Satisfaction Sir John Evelyn received for the same out of the Sequestration of Sir George Strade's Estate; and to state the Truth thereof to the Parliament;

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, That it be referred to the Commissioners for Compounding, to examine the Business touching the Debt of One thousand Pounds to Sir John Evelyn from Sir George Strode, and the Satisfaction Sir John Evelyn received for the same out of the Sequestration of Sir George Strode's Estate; and to state the Truth thereof to the Parliament.

Adjournment.

Resolved, That Mr. Speaker be, and is hereby, impowered, at the Rising of the House, to adjourn the House until Thursday, Morning next, at Eight of Clock.

Delinquents Estates.

The humble Petition of Sir David Watkins, was this Day read.

The Question being put, That so much of the Debt of One thousand Five hundred Pounds, paid by Sir David Watkins for the Earl of Worcester, with Interest and Charges, as remains yet unsatisfied to the said Sir David Watkins, be allowed to him, as Doubled Money, upon the Act for Sale of Delinquents Estates;

It passed with the Negative.

The Question being propounded, That Sir David Watkins be permitted to double so much of the Debt of One thousand Five hundred Pounds, paid by Sir David Watkins for the Earl of Worcester, with Interest and Charges, as remains yet unsatisfied to the said Sir David Watkins, upon the Act for Sale of Delinquents Estates;

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

It passed with the Negative.

A Proviso was tendered to the said Act, in these Words; viz. "Provided always, and be it Enacted, That the Lands and Estate of Sir Lewis Dives, in this Act named, shall . . . and are hereby, made and declared liable unto one Judgment, recovered against the said Sir Lewis Dives, in the Court lately called the King's Bench, at Westminster, by Sir Henry Holcrost Knight, upon a Bond of One thousand Pounds, dated in November 1638; and shall, to all Intents and Purposes, be good and effectual to the Executors and Administrators of the said Sir Henry Holcrost; any thing in this Act to the contrary in anywise notwithstanding:" Which was this Day read the First time.

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

It passed with the Negative.

And the said Proviso was, upon the Question, rejected.

Another Proviso was tendered, to this Effect, "That this Act shall not extend to enable the Trustees, named in this Act, to sell or dispose any of the Manors, Messuages, Lands, Tenements, and Hereditaments, lately belonging to Henry late Earl of Worcester, deceased; or of the now Earl of Worcester, settled upon Wm. Pennoyer, and Richard Hill, of London, Merchants, and their Heirs, by an Ordinance of the Lords and Commons, bearing Date the Three-and-twentieth Day of March, in the Year of our Lord God 1646;" Which was read the First time; and, upon the Question, rejected.

Another Proviso was tendered, to this Effect, "That the Lands and Estate of James Earl of Derby, and Sir Thomas Tilsley, and either of them, shall be liable, and stand engaged, for the Sum of Six thousand Pounds, to the Inhabitants of the Town of Lancaster, in Satisfaction of their Losses by burning the said Town by the said Earl of Derby, and Thomas Tilsley, according to an Order of this House the Seventh of June 1645; to be equally divided amongst the Inhabitants, proportionably to their Losses, according to the said Order: And that the Trustees shall settle upon such Persons, and their Heirs, as the said Inhabitants shall appoint, Lands of the Earl of Derby, and Thomas Tilsley, or either of them, in lieu thereof, to that Value:" Which was this Day read the First time; and, upon the Question, rejected.

Mr. Speaker, according to the former Order, adjourned the House to Thursday Morning, Eight of Clock.