Journal of the House of Commons: Volume 6, 1648-1651. Originally published by His Majesty's Stationery Office, London, 1802.
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Tuesday, the 27th of May, 1651.
Resolved, That the Committee where Mr. Long hath the Chair, for the Bill touching the Arrears of the Court of Wards, be revived: And that they bring in the Bill: And that this Petition be referred to the same Committee, to take Consideration thereof; and make Report thereof to the House: And that all Issues and Proceedings in the Exchequer, for the Arrears in the Court of Wards, and for the Amerciaments mentioned in this Petition, be respited; and no further Prosecution had thereupon, in the mean time, and until the House take further Order: And the Barons of the Exchequer are authorized and required to give Order for the Stay thereof, accordingly.
Resolved, upon the Question, by the Parliament, That all Recognizances for the Peace, good Behaviour, or Appearances returned into the Exchequer, or forfeited; and which are, or may be, put into Process; and all Amerciaments in that Court, and all Fines and Amerciaments in the late Star Chamber, and High Commission Court, which are or may be levied, as due to the Commonwealth, at any time before the Thirtieth Day of January One thousand Six hundred Forty-and-Eight, when this Commonwealth was restored to its Freedom and Liberties; be absolutely discharged: And that no further Process, Seizure, or Proceedings be had in the Court of Exchequer touching the same: And that all and every Sheriff, and other Officers, do forbear to make any further Levies of any Sum or Sums of Money upon any such forfeited Recognizances, Fines, Issues, or Amerciaments: And the Barous of the Court of Exchequer are to take notice hereof; and give Order, that the same be observed: And that the Discharges be entered upon the Records thereof.
Ordered, That the Lords Commissioners for the Great Seal do issue a Writ of Certiorari to the Clerk of the Parliament, to certify this Order into the Chancery, to be from thence transmitted by Mittimus into the Court of Exchequer, to be there inrolled.
Lord General's Indisposition.
Resolved, by the Parliament, That in regard of the Lord General's Relapse, and present Indisposedness, and the Nature and Sharpness of the Air where he is, That he be desired (in relation to his Health), to remove himself into some Part of England, until, by the Blessing of God upon Means used, he be restored into a Condition of Health and Strength, to return to the Army; he disposing thereof, in the mean time, and the Management of Affairs there, into such Hands as he shall think fit.
Examination of Coke.
A Proviso was tendered to the said Bill, in these Words following; viz. "Provided nevertheless, and be it Enacted, That, to the Intent such Incumbrances for Debt as are saved by this Act, may not hinder the Sale of such Delinquents Estates as are thereby incumbered; and so prevent the Commonwealth from a present Benefit of the Surplussage, after such Incumbrances satisfied; be it further Enacted, That the Committee in this Act named, or any or more of them, after Survey made, according to this Act, and Examination of what is due upon such Incumbrance or Incumbrances, as aforesaid, shall and may set out some Part of such Delinquents Estate, liable to such Incumbrance or Incumbrances, proportionable to the Value of such Incumbrance or Incumbrances; and direct the Trustees, in this Act named, to convey the same Part so set out in Fee Simple, or for Life, Lives, or for Years, as any or more of the said Committee shall think meet, for Satisfaction of such Incumbrance or Incumbrances; still satisfying a former Incumbrance, before a latter: Upon which Directions the said Trustees shall make Conveyance and Conveyances, as in other Sales appointed by this Act: Which Conveyances and Conveyances are hereby enacted to be good and effectual in Law: