House of Commons Journal Volume 6: 10 July 1651

Thursday, the 10th of July, 1651.

Prayers.

Lincolne Militia.

AN Act to enable the late Commissioners of the Militia in the County of Lincolne to raise Eighteen hundred Pounds for Pay of Two Troops of Horse, was this Day read the First and Second time.

And the Question being put, That this Act be ingrossed;

It passed with the Negative.

And the said Act, being put to the Question, passed.

Navy Supply.

Colonel Thompson reports from the Committee of the Navy, touching providing Money for carrying on the Affairs of the Navy.

UPON Consideration, this Day had, of the great Wants and pressing Necessities, of Monies for Supply of the Navy, lately represented in a Report thereof to the Parliament;

Resolved, as the Opinion of this Committee, That the Parliament be moved to grant, that One hundred thousand Pounds be charged upon the Excise, out of the first Monies that shall come in to the State, upon the Second Four hundred thousand Pounds, charged upon the Excise as Security, together with Bishops Lands, for the said Four hundred thousand Pounds, as the same shall come in Course, together with Interest for the same, till it shall be paid.

It appearing unto this Committee, that above One hundred and Fifty thousand Pounds of the said Four hundred thousand Pounds is discharged by Sale of the said Bishops Lands;

Resolved, as the Opinion of this Committee, That the Parliament be likewise moved to grant, that Sixty thousand Pounds may be charged upon the Receipts of Goldsmiths Hall, in Course: And that this Committee may have Power to borrow Moneys, or assign Payments, upon both or either of the said Receipts respectively; and to allow Interest, until the Moneys so borrowed or assigned shall be paid: And that the Commissioners for the Excise, and Commissioners for Compositions, respectively, may be directed to issue out the said Monies, from time to time, to such Person and Persons as, by Warrant signed by this Committee, shall be directed and appointed.

Resolved, by the Parliament, That One hundred thousand Pounds be charged upon the Excise, out of the first Monies that shall come in to the State, upon the Second Four hundred thousand Pounds charged upon the Excise, as Security, together with Bishops Lands, for the said Four hundred thousand Pounds, as the same shall come in Course; together with Interest for the same, till it shall be paid; the said One hundred thousand Pounds to be employed for the Use of the Navy: And that the Commissioners for the Excise be authorized and required to issue out the said One hundred thousand Pounds, from time to time, to such Person and Persons, as by Warrant, signed by the Committee of the Navy, shall be directed and appointed: And that the Receipt and Acquittance of such Person and Persons so authorized to receive the same, shall be a sufficient Discharge to the said Commissioners, in that Behalf.

Resolved, by the Parliament, That the Sum of Threescore thousand Pounds be charged upon the Receipts of Goldsmiths Hall, in Course, for the Use of the Navy: And that the Commissioners for Compounding be authorized and required to issue their Warrants, for Payment of the said Monies, from time to time, to such Person and Persons, as, by Warrant signed by the Committee of the Navy, shall be directed and appointed: And that the Acquittance and Acquittances of such Person and Persons, so authorized to receive the same, shall be a sufficient Discharge to the said Commissioners, and the Treasurer, for Payment thereof, accordingly.

Resolved, That the Committee of the Navy have Power to borrow Monies, or assign Payments, upon both or either of the said Receipts of One hundred thousand Pounds upon the Excise, and Sixty thousand Pounds upon Goldsmiths Hall, respectively; and to allow Interest, until the Monies so borrowed or assigned shall be paid.

Excise.

Resolved, That it be referred to the Committee of Excise and Customs, to take into Examination and Consideration the Complaints concerning the Abuses and Miscarriages about the Excise; and whether it be seasonable, at this time, to farm the Excise; and to give Order for Redress of the Abuses and Miscarriages therein; or to report their Opinion therein to the House.

Garisons.

Mr. Love reports from the Council of State;

"That, in regard of the Works and Fortifications of the several Garisons of this Commonwealth are very much decayed, and out of Repair; and that there is no Money allotted for repairing of Garisons, or for answering a Charge of any such Nature; That it is the Opinion of this Council, That it is necessary that the Sum of Ten thousand Pounds be charged upon the Receipts of Haberdashers Hall, next in Course after the Ten thousand Pounds charged for Supply of the Stores for the Repairing of such Garison as shall be thought necessary to be continued: Which Sum is to be paid unto such Person or Persons as the Council shall appoint."

Resolved, That the Sum of Ten thousand Pounds be charged upon the Receipts of Haberdashers Hall, next in Course after the Ten thousand Pounds charged for Supply of the Stores for Repairing of such Garisons as shall be thought necessary to be continued: And that the said Sum be paid unto such Person or Persons as the Council of State shall appoint: And the Acquittance and Acquittances of such Person or Persons, testifying the Receipt thereof, shall be a sufficient Discharge in that Behalf.

Yarmouth Petition.

The humble Petition of one of the Bailiffs, and divers of the Aldermen, and many of the Common-councilmen of the Town of Great Yarmouth in Norfolk, was this Day read.

Ordered, That the said Petition be referred to the Committee of Indemnity, to examine the Business, and to hear and determine the same, if they can, or otherwise to report their Opinions therein to the Parliament; with Power to send for Persons, Papers, and Witnesses: And that the said Committee do sit this Afternoon, upon this Business; and so die in diem.

Delinquents Estates.

The House resumed the Debate upon the Bill for Sale of the Estate of several Delinquents.

A Proviso was tendered to this Act, in these Words; "Provided always, That, after the Expiration, or other Determination, of a Lease made to the Lord Howard of Escrick, by the Commissioners of Goldsmiths Hall, of Wallingford House, with the Appurtenances, lying in the City of Westminster, late the Inheritance of George Duke of Bucks, in this Act named, the same shall be and remain, for ever, to the Use of the Commonwealth, to be disposed as the Parliament shall order and appoint; any thing in this Act to the contrary notwithstanding:" Which was read the First and Second time; and, upon the Question, was agreed, and ordered to be Part of the Bill.

A Proviso was tendered to this Act, in these Words; "Provided always, and be it further Enacted, That the Trustees, in this Act named, shall bargain and sell, unto George Wyther, his Heirs and Assigns, for ever, Lands, Tenements, and Hereditaments of the clear yearly Value of One hundred and Fifty Pounds, out of any Delinquents Estate in this Act named; or otherwise, if the said Trustees shall think sit, out of the Manor of Little Horksley, alias Horkesley Hall, in the County of Essex, with all and singular the Members, Rights, Tenements, Hereditaments, and Appurtenances whatsoever, thereunto belonging, late the Inheritance of John Denham, in this Act named, in full Compensation and Satisfaction of the Two thousand Pounds formerly granted to the said George Witker, by this present Parliament: And what of the said Manor, and the Appurtenances shall exceed the clear yearly Value of One hundred and Fifty Pounds, the said George Wither, shall have Pre-emption thereof, at Ten Years Value, and in such manner as to other Purchasers is intended by this Act:" Which was read the First time; and, upon the Question, rejected.

A Proviso was tendered to this Act, "That this Act shall not extend to that Copyhold Tenement, in Froome Vawchurch, in the County of Dorsett, in which Lieutenant John Chaning had formerly his Life; but, that the Copyhold of the said Tenement be filled up with the Lives of the Two Sons of the said Lieutenant John Chaning: And the Commissioners aforesaid are hereby authorized to fill up the said Copyhold, as aforesaid: Which was this Day read the First and Second time.

Resolved, That these Words, in the said Proviso; viz. "Commissioners aforenamed," be amended, and made "Trustees in this Act."

And the said Proviso, so amended, being put to the Question, was assented unto; and ordered to be Part of the Bill.

A Proviso was tendered to this Act, in these Words; "Provided always, and be it Enacted, by this present Parliament, and by the Authority thereof, That the Trustees aforesaid, in and by this Act named, upon reasonable Request to them, or any Four or more of them, made by Carew Ralegh Esquire, Son and Heir of Sir Walter Ralegh Knight, deceased, shall be authorized and required, of the late Lands, Tenements, and Hereditaments of John Earl of Bristoll, or George Lord Digby, to convey unto, and to settle upon, the said Carew Ralegh, and his Heirs, so much and so many Lands, Tenements, and Hereditaments, as shall amount unto the clear yearly Value of Five hundred Pounds per Annum, over and above all Reprizes, for and in full Satisfaction and Discharge of one yearly Pension and Annuity of Four hundred Pounds per Annum, for divers Years in Arrear, and unpaid, and due and payable, for great and valuable Considerations, unto the said Carew Ralegh, for the Term of his natural Life, out of the Publick Exchequer, Lands, and Revenues of this Commonwealth: And that, for and in Consideration of the said Lands and Tenements, so to be passed, conveyed, and settled, to and upon the said Carew Ralegh and his Heirs, he, the said Carew Ralegh shall give and pay no further or other Consideration whatsoever: But the said Trustees, in and by this Act named, shall pass, convey, and settle the said Lands and Tenements, as if Purchase thereof had been made, by Bills transferred, or doubled Monies, according to the Directions in the said Act given and appointed:" Which was read the First and Second time; and, upon the Question, agreed; and ordered to be Part of the Bill.

A Proviso was tendered to this Act, in these Words; "Provided always, and be it Enacted by the Authority aforesaid, That this present Act, or any thing therein contained, shall not extend unto the Manor of Pellenny, the Manors of Monmouth and Wisham, the Manors of Purcasseck and Trellecks Grange; the Manors, Castles, and Demesnes of the Manors and Castles of Grismont, Skenfreth, Monmouth, and White Castle, the Lands and Tenements called Bettus and Per Lloyd; all which are in the County of Monmouth; nor to the Manor of Crookeham, in the County of Berks; nor to the Manor of Kendall in the County of Westmorland; nor to the Manors of Shobden and Poston in the County of Hereford; but that the same (the Lands reputed Parcel of the said Manors of Purcasseck and Trellecks Grange, or one of them, called Crymlands, formerly granted, or intended to be granted, in the hereafter-mentioned Act, to Oliver Cromwell, and his Heirs, only excepted), be they Manors, Lordships, or but reputed or named Manors or Lordships; and by whatsoever Name or Names the same intended Premises are called or known; and the Lands, Tenements, and Hereditaments being, or reputed to be, Parcel of, appertaining to, or occupied or enjoyed with, any of them, shall be and remain for and during the natural Life only of Edward Lord Herbert, of Ragland, now called Earl of Worcester, as forfeited unto the Commonwealth; and, for and during the Life of the said Edward, shall and may be disposed of, by virtue of this Act; and immediately from and after the Death of the said Edward, or other Determination of that particular Estate, during his Life, the same shall remain and be unto Henry, called Lord Herbert, Son and Heir apparent of the said Edward, and unto his Heirs: Which said Manors and Premises (estimated to be of the yearly Value of One thousand Seven hundred Pounds Twelve Shillings and Ten-pence) shall from henceforth, as a Remainder only, and not to take Effect in Possession till after the Death of the said Edward, or other Determination of the said particular Estate, during his Life, be and remain unto the said Henry called Lord Herbert, and his Heirs; in Lieu and Recompence of all such Right, or Pretence of Right, as the said Henry called Lord Herbert, hath, or any his Heirs or Issues may have, of, in, or to any the Manors, Lordships, Lands, Tenements, and Hereditaments hereinafter mentioned; That is to say, The Manors of Chalton alias Chauton, Clanfield, Catherington, and Blendworth, in the County of Southampton; with their and every of their Rights, Members, and Appurtenances, the Advowsons and Rights of Patronage to the Churches of the Parishes of Chalton alias Chauton, Clanfield, Catherington, and Blendworth, in the said County of Southampton; and all other the Manors, Lands, Tenements, Tythes, Advowsons, Rights, Right of Action, Titles of Entry, Conditions, and Hereditaments of Henry late Earl of Worcester, Edward Lord Herbert, Sir Charles Somersett, and Sir John Somersett, or any of them, within the said County of Southampton; the Manors of Tidenham and Wollaston, situate, lying, and being in the County of Gloucester, with their and every of their Rights, Members, and Appurtenances; the Advowsons and Rights of Patronage of the Churches of the Parishes of Tidenham, Wollaston, and Allington, in the said County of Gloucester; the several and free Fishings, and Wears, in the Rivers of Wye and Seaverne, in the said County of Gloucester; the Manors and Lordships of Chepstow alias Stragull alias Struggle, Barton alias Pentherry, Hardwick, Saint Kynmarks, and Crymland, with their and every of their Rights, Members, and Appurtenances in the County of Monmouth; the Advowsons and Rights of Patronage of the several Churches of the several Parishes of Chepstow, Pentherry, St. Arvans, New Church, and Lamsham, in the said County of Monmouth, with their and every of their Rights, Members, and Appurtenances; the Lands, Tenements, and Hereditaments, called or known by the Name of Chepstow Grange, with the Rights, Members and Appurtenances thereof, in the said County of Monmouth; the Lands, Tenements, and Hereditaments, called or known by the Name of Frythwood, and Barnett's Woods, with every of their Members and Appurtenances, lying and being in the Parishes, Fields, and Territories of St. Arvan, Howick, New Church, Chepstow, and Matherne, some or one of them, in the said County of Monmouth; the Manors and Lordships of Magor Regis, Redwick, Morescourt, Miles Court, Martheringeringes alias Marthingeringes Grange, with their Rights, Memand Appurtenances, in the County of Monmouth; the Advowsons and Rights of Patronage to the Churches of the several Parishes of Magor and Redwick, with their Rights, Members, and Appurtenances, in the County of Monmouth; and also the Manors and Lordships of Anglicana Gower, Wallicana Gower, Swanley, Kilvey supra Boscos, sub Boscos, Oystermouth, Pennard, Lougher, Kyshall alias Kitle, Trewithvah alias Tryveda, and Lunnon alias Elston, with their and every of their Rights, Members, and Appurtenances, in the County of Glamorgan; and also the Advowsons and Rights of Patronage of the Churches of the several Parishes of Gower and Swansey, with their and either of their Rights, Members, and Appurtenances; all which, together with all Privileges, Powers, Freedoms, Rights, Liberties, and Immunities, granted, mentioned, and expressed in one Act, made this present Parliament, intituled, An Act for settling certain Manors, Lands, and Tenements, upon Oliver Cromwell, Lord Lieutenant of Ireland, and his Heirs, are, by Authority of this present Act, discharged of all Pretence of Right, made or to be made, by the said Henry called Lord Herbert: And it is hereby Ordained and Enacted, That the said former Act stand, and be in all Things ratified and confirmed: And that the said Oliver Cromwell, and his Heirs and Assigns, and such Person and Persons to whom he hath made any Conveyance or Assurance of the Premises, or any Part thereof, since the Seventh Day of February in the Year of our Lord One thousand Six hundred Forty-and-five, according to the Effect and Meaning of such Conveyance, shall hold and enjoy the Manors, Lands, Tenements, and Hereditaments, last above mentioned, according to the recited or mentioned Act; and with the respective Discharges, Advantages, Savings, and Provisions in the said recited Act contained; and further discharged of all and every the Estate, Right, Title, Interest, Claim, Reversion, Remainder, and Demand whatsoever of him the said Lord Herbert, or of the Heirs, or Heirs of the Body, or Heirs Males of the Body, or Issues of the Body, of him the said Henry Lord Herbert; and also, discharged of all such Estates, Rights, Titles, Charges, Remainders, Possibilities, Expectances, and Demands whatsoever, which he the said Henry Lord Herbert, by any common Recovery, duly had against him, as Tenant or Vouchee, or by any other Means, could, might, or may, or can, cut off, or bar, in case no such Forfeiture had been: And that, whereas the said Henry Lord Herbert hath propounded his Readiness and Willingness, in respect of the said Recompence, to do or consent unto any Act for the further Assuring of the Premises, so, as aforesaid, settled upon the said Oliver Cromwell, and in pursuance thereof, he the said Henry Lord Herbert hath by his Deed under his Hand and Seal, confirmed the Premises to the said Oliver Cromwell, and his Heirs; it is hereby further Enacted, That the same Deed of Confirmation, according to the Purport thereof, shall, in all Things, stand firm and binding unto the said Henry Lord Herbert, and his Heirs, for ever; saving to all and every Person and Persons, Bodies Politick and Corporate, their Heirs and Successors (Other than the said Henry Earl of Worcester and Edward Earl of Worcester, Sir Charles Somerset, and Sir John Somersett, and all and every Person and Persons having any Estate in the Premises hereby settled upon the said Lord Herbert, by, from, or under, them or any of them, since the Twentieth Day of May in the Year of our Lord 1641; and other than the Estate and Title accrued to the Commonwealth), All such Estate, Right, Title, Interest, as they had, or might have, in the Premises, by this present Act settled, as aforesaid, upon the said Henry Lord Herbert, as if this Act had not been had or made:" Which was read the First and Second time; and, upon the Question, agreed unto; and ordered to be Part of the Bill.

The Question being put, That the Proviso in this Bill, agreed the Twenty-second Day of May 1651, and ordered to be Part of the Bill, in these Words; "Provided always, That this Act, nor any thing therein contained, doth or shall extend, or shall impower any Person or Persons, in this Act named, to make Sale of the Manors, Lands, and Tenements, hereafter mentioned, or any of them; that is to say, The Manors of Monmouth and Wyesham in the County of Monmouth; the Manor of Pellenney, the Manors of Purcasseck and Trellecks Grange, in the said County of Monmouth; the Demesnes of the Manors or Castles of Grosmont, Skenfreth, Monmouth, and White Castle, or any of them, the Manors of Bettus, and Per Lloyd, in the said County of Monmouth; the Manor of Crookham in the County of Berks; the Manor of Kendall in the County of Westmerland; the Manor of Shrobdon in the County of Hereford; until the Parliament give further Order: Which said Manors, Castles, and Demesnes, were heretofore the Manors, Castles, and Demesnes of Edward Earl of Worcester; and are now seized on, and sequestred, for the High Treason of the said Earl committed against the Parliament;" do stand as Part of this Bill;

It passed with the Negative.

And the Proviso was accordingly taken off.

A Proviso was tendered to this Act, in these Words; "Provided always, and be it further Enacted, That the Trustees in this Act named shall bargain and sell unto George Wither Esquire, his Heirs and Assigns, for ever, Lands, Tenements, and Hereditaments, of the clear yearly Value, beyond all Reprizes, of One hundred and Fifty Pounds, out of the Estate of John Denham, in this Act named, according to an Order of Parliament, of the Second of January 1650; any thing in this Act to the contrary, in any-wise, notwithstanding;" was this Day read the First and Second time; and, upon the Question, assented unto; and ordered to be Part of the Bill.

Resolved, That the Name of Charles Lord Wilmott, being mistaken in this Bill, be amended, and made Henry Lord Wilmott.

Harrington's Claims.

The humble Petition of Sir James Harrington Knight, was this Day read.

Resolved, That the Sum of Four hundred Pounds, and Interest, amounting in all to Six hundred and Fifty-five Pounds, due by Bond, from Marmaduke Royden Esquire, a Delinquent, deceased, to Sir Edmund Wright, Alderman of London, deceased, shall be paid and satisfied to Sir James Harrington, Knight, as Administrator and Sonin-law to Sir Edmond Wright; it being Part of a Legacy given to the Wife of the said Sir James Harrington, out of the personal Estate of the said Marmaduke Royden, otherwise called Sir Mamaduke, that is, or shall be, to the Use of the State. And that the Commissioners for Compounding be ordered and authorized to issue their Warrants for the Payment thereof, as the said Estate shall come in, unto the said Sir James Harrington, or his Assigns, out of the said Estate, accordingly: And that the Acquittance and Acquittances of Sir James Harrington, or his Assigns, shall be a sufficient Discharge unto the said Commissioners, and the Treasurers, who shall pay the same.