Journal of the House of Commons: Volume 7, 1651-1660. Originally published by His Majesty's Stationery Office, London, 1802.
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Wednesday, the 24th of March, 1651.
Leave of Absence.
RESOLVED, by the Parliament, That Mr. Attorney General have Leave to go into the Country.
Grant to Fielder.
Whereas, by Vote of Parliament of the One-and-thirtieth of August 1649, it was resolved, That as well the Sum of Twelve Hundred Pounds, as also the Sum of Eleven Hundred Forty-eight Pounds, Eleven Shillings, and a Peny, in the said Vote mentioned, be paid to Colonel John Fielder, out of such Discoveries as he should make to the Committee at Haberdashers Hall; and out of such Under-valuations of Delinquents who have compounded, as he should discover to the Committee at Goldsmiths Hall; and that the said Committee should satisfy and pay the same unto the said Colonel Fielder out of such Discoveries, accordingly; It is
Ordered, by the Parliament, That the Commissioners for Compounding, &c. be authorized and required to issue their Warrants to the respective Treasurers, to pay unto the said Colonel Fielder, or his Assigns, the said several Sums of Twelve hundred Pounds, and Eleven hundred Forty-eight Pounds, Eleven Shillings, and a Peny, out of the Monies which are already come in, or shall hereafter come in, as the same shall come in from time to time, upon such Discoveries as hath been made by the said Colonel Fielder; and out of the Sequestrations of such Estates as have been by him so discovered: And that the Acquittance and Acquittances of the said Colonel John Fielder, or his Assigns, shall be a sufficient Discharge unto the said Treasurers for the same.
Colonel Downes proceeded in his Reports from the Committee of the Army, upon the humble Proposals of the Commissioners for Compositions.
He reports a Paper, intituled, "The true State of Sir Henry Frederick Thynne's Case: Which was now read; viz.
"That, in the Year One thousand Six hundred Forty-and-six, his Fine, both for his Real and Personal Estate, was, by Mistake, set at a Sixth; whereas, by his Coming into the Obedience of the Parliament, being before the First of December 1645, he had Right to compound at a Tenth
That, against this Fine at a Sixth, he endeavoured to be relieved, as having Right to a Tenth: And for that in it he had no Allowance made him, either for Dower, dubitable Lands, or Judgments; all which were demanded by his Particular, and allowed to others in the like Case.
That, soon after the Setting of his Fine, Sir James Thynne laid Claim to his whole Estate; which rendered him uncapable of finishing any Composition at all; until such time as, by clearing his Title in the Law, he might have some Estate to compound for.
That, during the Suit at Law, unknown to Sir Henry Frederick Thynne, this Fine at a Sixth, without any Deductions, according to his Particular, and contrary to the usual Practice of the Committee, was, the 14th of January 1647, reported to the Parliament.
That, in 1648, Sir James Thynne had a Verdict at Law against his Title for the whole Estate: That thereupon Sir Henry Frederick Thynne, for Relief, preferred his Bill in the Chancery; and, in November 1650, and not before, obtained a Decree for his Enjoyment of a good Part of the Estate, though not of the Whole.
That all this time this Estate hath continued under Sequestration to the Use of the Commonwealth, without any wilful Neglect, or Power, in Sir Henry Frederick Thynne, for freeing it from Sequestration, until since his Decree in Chancery, when he applied himself to us, the Commissioners for Compounding, for his Relief: Whereunto we did not conceive ourselves (although the Equity of his Case should require it) sufficiently impowered, in regard his Fine was reported to the Parliament, as aforesaid: Since which Time of his Decree, and his Applying himself unto us, there hath been received Three thousand Five hundred Pounds, out of his Estate, to the Use of the Commonwealth; according to Certificates unto us of the Value thereof.
26 December 1651.
I do swear, that this is the true State of my Case.
Hen. Fred. Thynne."
And the Letter of the said Commissioners to Colonel Downes, of the 16th of March 1651; which was this Day read; wherein the said Case was inclosed.
The Question being propounded, That the former Composition of Sir Henry Frederick Thynne, for his Delinquency, and confirmed by Parliament, do stand;
Resolved, That these Words; viz. "with this, that the Commissioners for Compounding be authorized to take Consideration of such of the Lands, by him then compounded for, as have been since recovered from him; and to make a proportionable Deduction out of the said Fine, in respect of those Lands." And thereupon It was
Resolved, That the former Composition of Sir Henry Frederick Thynne, for his Delinquency, and confirmed by the Parliament, do stand with this, that the Commissioners for Compounding be authorized to take Consideration of such of the Lands, by him then compounded for, as have been since recovered from him; and to make a proportionable Deduction out of the said Fine, in respect of those Lands.
Resolved, That the Lands for which such Deduction shall be made out of the said Sir Henry Frederick Thynne's Fine, shall remain under Sequestration, until the Remainder of the said Fine shall be paid by the Owner of the said Lands so recovered.
The Question being put, That Interest be paid by the said Sir Henry Frederick Thynne, for his said Fine;
It passed in the Negative.
Colonel Downes likewise reports a Paper in these Words:
THE Commissioners humbly offer to the Consideration of the Parliament, That, whereas, by a late Act, they have settled the Estate of the Lord Deincourt upon Launcelott Lake and Thomas Leeke Esquires; they submitting to the Fine of 18,000l. set upon the said Lord Deincourt, and paying the same within the Times limited in the said Act; which doth direct the last Moiety to be paid the 15th of March 1651; or else the Act to be void: And whereas the said Lancelott Lake and Thomas Leek hath paid only 11,000l. of the said Fine, and are yet in Arrear 7,000l.; they have nevertheless obtained a subsequent Act, of the 17th of July 1651; whereby the actual Seizin and Possession of the Lands, settled by the said former Act, is ordered to be and continue in the said Lancelott Lake and Thomas Leek, and their Heirs for ever, without any Provision for the Remainder of the Fine: So that the Sequestration is absolutely taken off, before the Performance of that which was intended by the said First Act; and in which we humbly crave a Resolution.
James Russell, Ar. Squibb, Wm. Molyns, Jo. Berners.
Resolved, That Lancelot Lake and Thomas Leeke do, by the First of May next coming, pay into the Treasury of Goldsmiths-Hall, the Remainder of the Fine of 18,000l. mentioned in the said Report, together with Interest for the same, from the Time the same should have been paid; or, in Default thereof, that the Estate, for which the said Composition was made, be re-sequestered.
Colonel Downes likewise reports the Case of Robert Miller Esquire: Which was this Day read.
ROBERT Miller, of Herringston, in the County of Dorsett, Esquire, being summoned to give Satisfaction for his Twentieth Part, assessed upon him, as on others, Compounders; and we proceeding to calculate his Estate, according to the Particular given in unto our Predecessors at Goldsmiths-Hall; his Counsel appeared on his Behalf; and plead, That he is no Delinquent, and that he did not prefer any Petition, in order to a Composition for Delinquency: Whereupon his Particular and Papers being produced, we find, that a Petition was preferred to our Predecessors, the 24th Day of July 1649, in the Name of the said Robert Miller, and subscribed, "Robert Miller."
Upon Inquiry, and Examination thereof, it appeareth unto us, by the Oath of Robert Whyting Gentleman, examined by us (viva voce,) saith, That John Miller, Father of the said Robert Miller, employed him the said Whyting to prefer the said Petition, in order to a Composition for the Delinquency of the said Robert Miller; and that he filed the said Petition accordingly, together with a Particular of his Estate: And thereupon a Fine of 630l. was set for his the said Robert Miller's Delinquency, the 26th of July 1649; which said Fine was confirmed the 17th of January following.
And for as much as the said Sir John Miller, the Father, gave Power to the said Mr. Whyting so to proceed, in order to the Composition of the said Robert Miller, his Son; and there being not any Part of the said Fine of 630l. paid into the Treasury; and the said Sir John Miller being since deceased, and his Estate descended to the said Robert Miller; we, upon Consideration of the whole Matter, thought sit, and ordered, that the Case be reported to the Parliament; conceiving it to be our Duty in Case of such Difficulty; and do humbly offer the same for their Directions: And we desire, that Mr. Bond will please to represent the same to the Parliament, accordingly; the said Mr. Robert Miller having disclaimed the Premises, as by his Affidavit annexed appears.
Ja. Russell, John Berners, Richard Moore, Wm. Molins.
ROBERT Miller Esquire maketh Oath, that the Petition and Particular, which was exhibited to the late Commissioners, sitting at Goldsmiths-Hall, for Compounding with Delinquents; thereby expressing his Desire to compound for the Freeing him from any Act of Delinquency, by him at any time done and committed, and subscribed "Robert Miller," and upon which there was a Fine set, was not the Subscription of him, this Deponent, but was exhibited without the Knowlege, Privity, or Consent, of him, this Deponent: And that, so soon as he, this Deponent, heard of the same, by Letter from his Father Sir John Miller, then being in London, he, well knowing his own Innocency, did disclaim the same; and did desire (if possibly,) that the said Petition might be taken off again; for that it was done without his Consent and Desert, and that he would not submit to the same.
Sworn before the Commissioners, the 28th of November 1651.
Ordered, That it be referred back to the Commissioners for Compounding, to examine, Whether Robert Miller, Son of Sir John Miller, deceased, were privy or consenting to the Making of the Composition on his Behalf, before the same was made; or did consent to the said Composition after the same was made: And to examine the whole Matter of his Delinquency; and thereupon to proceed for his Discharge, or Sequestration, as they shall find Cause; And that they determine the same within Six Months, now next coming; and, in the mean time, the Payment of the said Fine is suspended.
Ordered, That Colonel Downe do proceed in making his Reports from the Committee of the Army, every Wednesday in every Week.
Colonel Downes reports the State of the Case of Wm. Jervice, of Taunton, in the County of Somersett, Gentleman.
UPON several Motions of Major General Skippon, and other worthy Members of Parliament, in the Behalf of William Jervis, of Taunton, in the County of Somersett, Gentleman, and the Report of the many good Services done by him; together with their Desire, that we should report the same, and the Fine imposed on him, to the Parliament; we did conceive it was not proper for us to do; the Fine being here confirmed, and no Money paid thereupon: But we thought it sit (in regard of the Recommendations of those Gentlemen) to present his Case to you; which is thus:
It appears, That he was formerly in Arms against the Parliament. He petitioned, in November 1646, to be admitted to compound; and exhibited a Particular of his Estate; which is, An Estate-Tail, of Thirty-five Pounds per Ann.: A Term of Ninety-nine Years, of Fifty Pounds per Ann.: An Estate, after Ten Years, of Eight Pounds per Ann.: And an Estate, in Reversion after his Father, per Ann. Thirty-two Pounds; out of which there issues, for a Life, Twenty Pounds per Ann.: For which his Fine was set One hundred and Forty Pounds, the Fourth of February 1646.
This being the State of his Case before us, we submit the same to you; and rest,
Haberdashers-Hall, November 14, 1650.
Your very affectionate Friends and Servants,
Sam. Moyer, Ar. Squibbe, William Molins, Richard Moore.
Ordered, by the Parliament, That the said William Jervis be, and is hereby, discharged of his Delinquency: And that the Fine of One hundred and Forty Pounds, set upon him, in respect of his said Delinquency, be, and is hereby, also released and discharged.
Relief under Articles.
An Act for renewing the Act, intituled, An Act for the Relief of all such Persons as have been, are, or shall be, sued, molested, or any-ways damnified, contrary to Articles or Conditions granted in Time of War, was this Day read the First and Second time; and, upon the Question, committed unto the Committee of Indemnity: And that the Committee be revived, as to that Purpose; and that they sit de die in diem: And all that come, to have Voices: And Colonel Rich is to take Care of it.