Journal of the House of Commons: Volume 7, 1651-1660. Originally published by His Majesty's Stationery Office, London, 1802.
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Thursday, the First Day of September, 1653.
A BILL, intituled, An Act for the speedy and effectual Satisfaction of the Adventurers for Lands in Ireland, and of the Arrears due to the Soldiery there, and of other Publick Debts; and for the Encouragement of Protestants to plant and inhabit Ireland; was this Day read the First time; and ordered to be read the Second time on Saturday next.
E. of Nottingham's Pension.
THAT the Council having taken into Consideration a Petition presented unto them by Charles Earl of Nottingham, desiring, that the Payment of the Pension of Five hundred Pounds a Year, which was ordered by the late Parliament to be paid unto him out of the Customs, by Warrant of the Committee of the Navy, may be continued; And, having examined the same, they find that by Letters Patents, under the Great Seal of England, in the Time of King James's Reign, there were granted several Pensions for the honourable Support of the then Earl of Nottingham, his Lady and Children, in Consideration of the Services of the then Earl's Father, who was Lord Admiral of England: Among which there was given and granted to Charles Howard Esquire, then in Minority, and now Earl of Nottingham, Three hundred Pounds a Year, until he should be Fourteen Years old; and, from that Time, One thousand Marks a Year during his natural Life, to be paid out of the old Customs; and Five hundred Pounds a Year more, in case he should survive the late Earl of Nottingham, to be paid out of the New Impost: That, upon his Address to the Parliament, they granted him, in lieu of the said One thousand Marks, and Five hundred Pounds a Year, Orders for receiving Five hundred Pounds a Year out of the Revenue of Papists Lands, coming into GoldsmithsHall; and Five hundred Pounds more a Year, by Warrant of the Committee of the Navy, out of the Customs; making, in all, One thousand Pounds a Year: That the first-mentioned Five hundred Pounds a Year hath been paid him, from time to time, according to the said Order: But the Committee for the Navy, who were, as aforesaid, to issue Warrants for paying him the said Pension out of the Customs, not sitting, he cannot receive the same without special Warrant: Which being the true State of the Case of the said Earl, they have thought fit to represent, and humbly submit, the same to the Parliament, for their Direction therein.
Mr. Strickland reports from the Council of State, The State of the Case of the Lord Viscount Mansfield, according as it hath been reported to the Council from a Committee appointed to examine the same, in these Words; viz.
ACCORDING to an Order of this honourable Council, dated the 22th of the Month of June, we have examined the Papers, in the Case of the Lord Mansfield, thereby referred, and, upon Examination thereof, we find, by the several Oaths, thereunto annexed, and the Examinations taken before the Sub-Committee, appointed, by the Committee of Parliament, for Trial of Petitions, and other Papers and Certificates, the State of the Business to be, That the said Lord Viscount Mansfield, being a Member of the Commons House of Parliament, had Leave, by Order of the 10th of August 1641, to go into the Country; and that thereupon he went to his Father the Earl of Newcastle, and continued with him for about Two Years, during which Time the said Earl was engaged in the War against the Parliament; and that the said Lord Viscount Mansfield was all that while under a Tutor; and that, when his Father took him with him, he, the said Viscount, was of the Age of Fifteen Years, and no more; and that the said Lord Mansfield, and his Mother, did, about April 1642, solicit the said Earl, that he, the said Viscount, might return back to the Parliament, which was denied; and that he did endeavour, by all Means, to procure his Father's Leave to travel beyond the Seas, which was also denied: And that, altho' he was constrained, during the first Two Years of the War, to wait sometimes on his Father; and when he rode, did wear a Sword; yet he never acted any thing in the War by Way of Assistance, or otherwise, being weak of Body and Constitution; and that the Earl gave express Charge to the Tutor and Servants of the said Viscount, and his Brother, that if, at any time, there should happen any Engagement with the Parliament's Forces, that both the Viscount, and his Brother, then with him, should be carried out of the Danger; which was accordingly done by those who had the Care of them: And that, when the said Viscount was about Seventeen Years of Age, he travelled beyond the Seas, and there continued until the Year 1647, when he returned to London, and hath staid there, and in the Parliament's Quarters, ever since.
And it appeareth, that, upon the passing of the Act, whereby the Estate of the said Earl was exposed to Sale, the said Lord Viscount Mansfield did enter his Claim to several Manors, Lands, and Tenements, which were the Inheritance of his Mother, deceased, whose Heir he is; and wherein the said Earl had only an Estate for Life, as Tenant by the Courtesy of England; and made it appear, to the Committee for Obstructions, that the same were the Inheritance of his said Mother, and not by her aliened: And the said Claim was allowed, as to the said Manors and Premises, after the Decease of the said Earl, as by the Order of Allowance, under the Hands of the said Committee, produced unto us, appeareth; the said Viscount making no Claim to any Lands of the said Earl, and being by the Act of Parliament debarred from any further Claim: Upon all which, we are humbly of Opinion, That the said Viscount's Presence with the said Earl in the Wars, during the Time aforesaid, was not voluntary: And if there be no other Matter appearing against him, than is contained in the said Papers, there appeareth to us no sufficient Ground in Equity, or Conscience, to charge him with Delinquency, or to render him unfit of partaking the Benefit of the Act of General Pardon and Oblivion; but that he should be discharged from being liable to any further Question of Delinquency: Which we humbly submit to the Wisdom of this honourable Council.
Resolved, That a Bill be brought in to give the Lord Viscount Mansfield the Benefit of the Act of General Pardon and Oblivion: And Mr. Strickland, and Mr. Sadler are to bring in a Bill for that Purpose.
Alderman Titchborne reports from the Council of State, Their Desire, that Power may be given, if they shall think fit, to the Committee for the Army, as was formerly to the late Committee of Parliament for the Army, to call such Officers to an Account, as have at any time received Monies by their Order, for the Payment of the Soldiers, accordingly; the Council conceiving it to be for the Service of the Publick.