Journal of the House of Commons: Volume 6, 1648-1651. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Sabbati, 2 Februarii, 1649.
Sir J. Garrett.
Mr. Bond reports from the Committee for Advance of Money, the State of the Business touching Sir Jacob Garrett.
"October Thirtieth 1649, Information was given to this Committee, by Captain Hucford, That Sir Jacob Garrad had sent in Men and Horse to the Lord Goringe and his Party at Bow Bridge, in the late Insurrection in Essex; and had sent his Team thither to draw the Enemies Carriages."
"December Twenty-sixth, This Committee appointed to hear the Cause the Ninth of January following; and all Parties and Witnesses to be heard viva voce."
"January Ninth, Upon Hearing of the Cause, there appeared no Delinquency in the said Sir Jacob Garrad; who was thereupon discharged."
"In the Proceedings of which Cause this Committee did observe, that there was a wicked Combination against the said Sir Jacob; viz.
"That Mary Samford, having had Dealing with Sir Jacob, concerning a Mortgage of an House from one Clapham to Sir Jacob; which Mary Samford would have had out of his Hand, pretending a Right unto it; and because she could not accomplish her Ends upon Sir Jacob concerning that Mortgage; she afterwards sent a Letter to Sir Jacob, to borrow of him an Hundred and Fifty Pounds, intimating unto him, if he should refuse to lend it her, that she was engaged such a Sum to a Commander of the Army, and she would turn it over to him, which should not be for Sir Jacob's Benefit: Whereupon she enters into a Combination with one Captain Hugford, to make Sir Jacob a Delinquent: And the said Hugford did come to Sir Jacob, to demand One hundred and Fifty Pounds in Mrs. Samford's Name: Sir Jacob telling the said Hug ford, he had nothing to do with him; Hugford then told Sir Jacob, He was a Delinquent, and he should hear from him in another Place: And the aforesaid Mary Samford contributed Monies unto him, for the Suborning of Witnesses, as was confessed by Hugford himself, before the Committee; and she became a Witness herself in the Cause. Captain Hugford, for the Accomplishment of his Design, finds out one John Orpe, of Chancery Lane; employs him to hire false Witnesses, to make out the Charge against Sir Jacob; and give Orpe Money; which he receives, and undertakes to hire Witnesses: And therewith the said Hugford and Orpe hired Henry Huges, Andrew Gurney, and Ferdinando Smith, by giving Part of. . . Money in Hand, and Promise of more, when they proved Sir Jacob a Delinquent: And the said Hugford enters into a Covenant, in Writing, with one Broadmeadow, to whom he gave Ten Shillings: Which Writing is ready to be produced; the Effect whereof is, That Broadmeadow and Orpe should have Fifteen Pounds to make Proof against Sir Jacob, as thereby may appear. Broadmeadow confesseth he hath received Ten Shillings, in Part, already. That the said Hugford, with the said Orpe, had often Meetings with the said Gurney, Hughs, and Smith, having been formerly examined against Sir Jacob; and now, upon further Examination, deny the Whole that they formerly had sworn; and confess to the Committee, They knew not Sir Jacob, or any thing touching the Business charged against him: And that Orpe and Hugford had hired them, and instructed them as aforesaid: And that the said Hugford further confesseth to the Committee, That he was to have, for his Pains, Two hundred Pounds: And that Richard Whitebread was privy to the said Design; and furnished Hugford with Money, for the Carrying on of the same."
"There were several other Particulars and Circumstances, to aggravate the Wickedness of this Combination."
"The Committee hath commanded me to acquaint this House therewith, together with their Sense thereof, expressed in their Order; and to pray the Direction of the House herein; having, in the mean time, secured the Persons of Mary Samford and Captain Hugford, until the Pleasure of this House be known."
"The Persons who are now in Custody; viz. Thomas Hugford, Andrew Gurney, Ferdinando Smith, Mary Samford; the humble Desire of Sir Jacob Garrad is, That these and the rest of the Persons already discovered, and mentioned in the Order of the Committee for Advance of Monies, who yet are not apprehended (they absconding); and such others as shall hereafter be discovered to be Agitants in the said Plot; may likewise be proceeded against, according to Justice."
Mr. Bond also reports the Covenant entered into by Hugford, in hæc verba;
Sir J. Garrett.
"These Presents witness, That whereas Thomas Higford, of London, Gentleman, hath employed John Orpe, of the Parish of Andrewes, Holborne, Gentleman, to solicit a Cause depending between him the said Thomas Hickford, and others, and Sir Jacob Garrett Knight, and to warn in Witnesses in the said Cause, for and on the Behalf of the Plaintiffs: And whereas the said John Orpe hath procured, and summoned in, Thomas Broadmeadowe, to be a Witness in the said Cause: If therefore the said John Orpe and Thomas Broadmeadowe do endeavour, and make good, what they have undertaken to prove against the said Sir Jacob; and if that the said Thomas Higford, and the rest of the Plaintiffs do recover, against the said Sir Jacob, any Part of his Estate, according to an Ordinance of Parliament for Discovery of Malignants; then the said Thomas Hickford doth hereby covenant and promise to allow, unto the said John Orpe and Thomas Broadmeadowe, Fifteen Pounds, out of the said Money recovered; and to save and keep harmless the said John Orpe and Thomas Broadmeadowe, in whatsoever they shall do in the Premises. In Witness whereof, the said Thomas Hickford hath hereunto set his Hand and Seal, the Second of January 1649."
"Sealed and delivered in the
"With this Memorandum indorsed; viz."
"Memorandum, That it is agreed between all the Parties to these Presents, That, if the Plaintiffs do not recover against the said Sir Jacob Garrett; then the said John Orpe and Thomas Broadmeadowe will not expect any further Satisfaction than what they have received."
"John Orpe, Thomas Broadmeadowe."
Mr. Bond also reports the Order and Votes of the said Committee thereupon, of the Ninth of January 1649: Which follow, in hæc verba;
"January 9th, 1649, at the Committee for Advance of Money."
"In the Case depending before this Committee, upon an Information exhibited by Captain Hugford against Sir Jacob Garrett, of London, Knight, upon Hearing of the Cause this Day, and the Witnesses, ore tenus, and of Counsel, as well on the Behalf of the State, as on the Part of the said Sir Jacob Garrett, there being no Part of the said Information proved;"
"It is Ordered, That the said Information, and all Seizures, and other Proceedings thereupon before this Committee, be discharged; and the said Sir Jacob dismissed from any further Attendance herein on this Committee: And that all Bonds, Engagements, and Securities, entered into by the said Sir Jacob, or any others, for or concerning the Forthcoming of his Estate, or otherwise, in this Business, be delivered up, and cancelled."
Resolved, &c. That it doth appear to this Committee, upon hearing the Cause concerning Sir Jacob Garrett, That there hath been a false, malicious, foul, and wicked Practice and Combination, by and between Captain Hugford, John Orpe, Mary Samford, Andrew Gurney, Henry Hughes, Richard Whitebread, and Ferdinando Smith, against the said Sir Jacob Garrett, in the said Cause."
"Ordered, That Mr. Dennis Bond be desired to report to the Parliament the Proceedings before this Committee, touching Sir Jacob Garrett; and the wicked Combination and Practices of the said Hugford, and his Confederates aforesaid, against the said Sir Jacob Garrett; and to pray the Direction of that House therein, that the said Parties may be proceeded against, for their said heinous Crimes, according to Justice; and to the Deterring of others from the like Conspiracies."
Resolved, &c. That Thomas Hugford alias Hickford is guilty of a soul Practice and Combination, in an Accusation of Delinquency against Sir Jacob Garrad, and of suborning false Testimony against him.
Resolved, &c. That John Orpe, named in the said Report, is guilty of the said foul Practice and Combination.
Resolved, &c. That Andrew Gurney, named in the said Report, is guilty of the said Practice and Combination, being suborned to give false Testimony.
Resolved, &c. That the said Thomas Hugford, alias Hickford, John Orpe, and Andrew Gurney, for this foul Practice and Combination, shall be punished, by standing in the Pillory.
Resolved, &c. That the said Thomas Hugford alias Hickford, John Orpe, and Arthur Gurney, for their said heinous Crimes, shall stand in the Pillory in more Places than one.
Resolved, That the Places where the said Thomas Hugford, alias Hickford, John Orpe, and Andrew Gurney, shall stand on the Pillory, shall be in the New Palace Yard, in Cheapside, upon the Exchange, and at the End of Chancery-lane, in Fleetstreet.
Sir J. Garrett.
Resolved, &c. That the said Thomas Hug ford alias Hickford, John Orpe, and Andrew Gurney, shall stand in the Pillory One whole Hour in each of the said Places.
Resolved, &c. That the Time wherein the said Thomas Hugford alias Hickford, John Orpe, and Andrew Gurney, shall stand in the Pillory, shall be between Ten and Twelve of the Clock in the Forenoon.
Ordered, That the Sheriffs of London and Middlesex, be required to take care, that these Votes be put in Execution, and the several Persons aforesaid be set in the Pillory, at the several Places, and during the Time beforementioned, upon Tuesday, Wednesday, Thursday, and Friday next.
Resolved, That the Offences of the respective Persons; viz. of the said Thomas Hugford, and John Orpe, in suborning false Testimony, and of the said Andrew Gurney, for being suborned to give false Testimony; be written in great Characters, and set upon the Heads of the said several Persons respectively, while they shall stand in the Pillory in the several Places, at the several times, aforesaid.
Resolved, &c. That the said Thomas Hugford alias Hickford, John Orpe, and Andrew Gurney, be from henceforth discredited, and disabled, for ever hereafter, to give any Testimony, or to be a Witness, in any Court, in any Cause whatsoever.
Resolved, &c. That a Fine of Two hundred Pounds be imposed on Thomas Hugford alias Hickford, for his said soul Practice, and heinous Crime, in Subornation of false Testimony.
Resolved, &c. That a Fine of Two hundred Pounds be imposed on John Orpe, for his said soul Practice, and heinous Crime, in Subornation of false Testimony.
Resolved, &c. That a Fine of One hundred Pounds be imposed on Andrew Gurney, for being suborned to give false Testimony in this Cause.
Resolved, &c. That the said Thomas Hugford alias Hickford, John Orpe, and Andrew Gourney, in further Punishment for the said soul Practice and Crime, be likewise committed to Newgate, and there imprisoned during the Space of Six Months.
Ordered, That Mr. Hill, Mr. Long, and Mr. Lechmere, or any Two of them, do bring in an Act for the Preventing of the like Crimes, Perjuries, Subornation, and false Testimony, before any Committee of Parliament, and for other Abuses, by counterfeiting Seals or Writings, or any Orders of Parliament, or of any Committees of Parliament, whereby the Parliament or Commonwealth hath been, or may be, in that Kind, abused or prejudiced, and the People wronged.
Ordered, That it be referred back to the same Committee, to examine the Business touching Mrs. Mary Samford; and to report their Opinion to the House: And that she be committed to Newgate in the mean time, till further Order, if the Committee see Cause.
False Debentures, &c.
Ordered, That it be referred to the Committee of the Army, to examine the many Abuses committed in making or procuring false Debentures, and counterfeiting Warrants; and to examine the Business touching the Persons now in Hold for such Abuses; and to give Order touching securing the Monies and Goods taken with them; and report the Matter to the House on Thursday next.
Ordered, That Colonel Ven do, on Thursday next, make Report of the like Abuses committed in Wales, to the great Deceit and Prejudice to the State.
Ordered, That the Westminster Petition be read on Tuesday next.
Ordered, That the Report of the additional Act for Sale of the Lands of the late King, &c. be made on Tuesday next.
Ordered, That, on Tuesday next, the Report be made for the Northern Officers.
Ordered, That the Act for the Fast be read on Monday the first Business.
Agent to Spain.
The Lord Commissioner Whitlock reports from the Council of State, a Commission to be given to Mr. Anthony Ascham, to be a Commissioner and Agent to the King of Spain: Which Commission was read: And, after some Amendments at the Table, the Commission was agreed unto; and was in these Words; viz.
Parliamentum Reipublicæ Angliæ, Omnibus & Singulis, ad quos præsentes hæ nostræ Literæ pervenerint, Salutem. Cum Annum jam post recuperatam Libertatem, & restitutam, favente Deo, Angliæ Rempublicam, a Parliamento decretum, necnon Edicto edito promulgatum sit, velle atque admodum cupere Populum Anglicanum, &, quod ad se attinet, Operam daturum, ut quæ sibi Amicitia cum exteris quibuseunque Nationibus vel antiquus vel recens intercedit, sarta tecta conservetur, vel etiam redintegrato, si opus esset, Fodere renovetur: Nos idcirco, ne Inceptum tam bonum, tamque pacificum, Finem speratum non assequeretur, omnes Status, Principes, Civitates, ac Populos, & præfertim Serenissimum Hispaniarum Regem, hac de re certiorem faciendum esse decrevimus. Sciatis igitur, quod nos, Diligentiæ, Solertiæ, Fidei, ac Probitati lectissimi Viri Antonii Ascami plurimum tribuentes, ipsum prænominatum Antonium nostrum verum & indubitatum Commissarium, Procuratorem, Agentem, & Deputatum, ad prædictum Negotium fecimus, constituimus, ordinavimus, & deputavimus, ac per præsentes facimus, constituimus, ordinamus, & deputamus; dantes eidem & committentes plenam Potestatem & Authoritatem, Nomine nostro, cum prædicto Serenissimo Hispaniarum Rege, ejusque Procuratoribus, Deputatis, ac Nuntiis, ad hoc sufficientem Authoritatem & Potestatem habentibus, communicandi, tractandi, & transigendi ea omnia, quæ ad Amicitiam, & liberum ac antiquum Commercium inter Anglos & Hispanos, & quoscunque sub eorum Ditione positos, promovendum & stabiliendum conducunt & faciunt, secundum ea Mandata, quæ vel a Parliamento, vel a Concilio Status Parliamenti Authoritate constituto, jam accepit, aut per Literas accepturus est; promittentes, bona Fide, nos, quæ inter prædictum Hispaniarum Regem, ejusoue Procuratores, Deputatos, & Nuntios, atque prænominatum Antonium Ascamum, nostrum Commissarium, Agentem, & Deputatum, transacta & conclusa fuerint, modo illo quo supradictum est, ea omnia rata ac firma habituros, & ex nostra parte observaturos. In cujus rei Testimonium, hisce Literis, quibus Manus Prolocutoris nostri subscribitur, Magnum Reipublicæ Sigillum apponi fecimus. Datum in Palatio Westmonasteriensi.
Ordered, That Mr. Speaker be authorized and required to sign the Letters Credential, and Safe Conduct, to be prepared by the Council of State, for the Agents to be employed beyond Sea, as Speaker of the Parliament of the Commonwealth of England.
Ordered, That the Council of State be authorized to affix the Seal of the said Council to such Letters Credential, and of Safe Conduct, as shall be so signed by Mr. Speaker.
Colonel Purefoy reports from the Council of State, a Proposition of Colonel Thomas Birch.
The humble Proposition of Colonel Thomas Birch.
Whereas Six hundred Pounds hath been thought fit to be allowed for Repair of the Garison of Liverpoole, which requires much Speed to be effected; and for that there cannot a more present and expeditious Course be thought of for raising the said Money; that it be propounded, from this Council to the Parliament, to order, That Power may be given to the said Thomas Birch, Captain Wm. Duckenfield, Peter Ambrose, and Giles Meadoweroft, Gentlemen, or any Two of them, to grant and renew so many Leases for Three Lives, according to former Rates, unto such of the Earl of Derbie's Tenants in Lancashire, who have faithfully adhered to the Parliament in the late Wars, as may forthwith raise and extend to the Sum of Six hundred Pounds, by the said Colonel Birch to be employed for the Use aforesaid.
Ordered, That Six hundred Pounds be raised out of the Copyhold Estates of the Earl of Derby, and paid to Colonel Thomas Birch, Captain Thomas Duckenfield, Peter Ambrose, and Giles Medowcroft, Gentlemen, or any Two of them, for Repair of the Garison of Liverpoole.
Ordered, That it be referred to the Committee.. Goldsmiths Hall, to take Care, and Order, the said Six hundred Pounds be raised and paid accordingly.
Ordered, That the like Commission be now issued to the Judges of Assize, to go the next Assizes at Lancashire, as was issued for holding the last Assizes: And that the said Commission do issue under the Duchy and County Palatine Seal.
Ordered, That the Petition of Colonel Thomas Birch be read on the Second of March next.
Isle of Wight.
Lord Commissioner Lisle reports from the Council of State, That, upon a Survey made of the several Castles and Forts in the Isle of Wight, and returned unto the Council, they conceive it very necessary, for the Security of that Island, that the several Places, mentioned in the Survey to be defective, should be repaired and fortified; to which Purpose there is wanting only, at present, Five hundred and Fifteen Pounds and Ten Shillings; that the House be therefore moved, That the Sum of Five hundred Pounds may be provided speedily for the aforesaid Purpose: And whereas the Quit Rents of the Crown Lands, lying in that Island, were always heretofore reserved for the Repairing of the Fortifications of that Place, and not paid into any Treasury, that the House be moved, That the said Rents may be still reserved, as formerly, to that Use and Purpose.
Ordered, That the Sum of Five hundred Pounds be provided for the Repair of the Castles and Forts in the Isle of Wight, and be charged on the publick Revenue: And the Committee for the publick Revenue are hereby authorized and required to make present Payment thereof accordingly.