House of Commons Journal Volume 7: 12 April 1659

Tuesday, the 12th of April, 1659.

Prayers.

Leave of Absence.

RESOLVED, &c. That Mr. Leigh, one of the Members of this House, shall have Leave to go into the Country for Ten Days; notwithstanding the Order for the Call of the House.

Scotch Affairs.

Resolved, &c. That Mr. Margetts, and every of the Members of this House that serve for Scotland, or any the Counties or Boroughs in Scotland, be added to the Committee for the Affairs of Scotland.

Complaint against Boteler.

Mr. Teryll reports from the Grand Committee for Grievances, and Courts of Justice, The State of the Case of Dame Mary Hatton, and others, Executors of Sir Thomas Hatton, Knight and Baronet, deceased; of Samuell Dorman, Citizen and Merchant-Taylor of London; and of John Tarry, Servant to Lawrence Manley, late of Holdenby in the County of Northampton, deceased; upon their several Petitions exhibited unto the said Committee, and examined by them; together with their Opinion upon the same.

The Report brought in from the Committee was read; and was as followeth; viz.

SIR Thomas Hatton, being possessed of a Lease for Years yet enduring, of the Demesnes of the Manor of Holdenby in the County of Northampton, at the Rent of One hundred Eighty Pounds Fifteen Shillings and Tenpence per Annum, by Demise of the late Queen, did let Part thereof to Lawrence Manley, for Years not yet expired, for the Rent of Two hundred Sixty-four Pounds per Annum; whereof Two hundred and One Pounds being in Arrears in Anno 1657, Sir Thomas obtains a Judgment against Robert Manley, Executor of Lawrence; whose Sheep were taken in Execution by the Sheriff.

At the same time of that Execution there was a Year's Rent more due, by Robert Manley; for Non-payment whereof a Re-entry was made by the Lady, and others, Executors in Trust to Sir Thomas Hatton, for the Benefit of his Children: And the Cattle that were upon the Land were distrained Damage feasant.

John Tarry, Shepherd to Lawrence Manley, who having Three Sons, viz. Lawrence, John, and the said Robert; which Robert, as was alleged, was Executor in Trust for John the Son, and others, Legatees and Creditors: This Shepherd was sent by Lawrence and John the Sons, to the Market, to sell One hundred and Fifty of the Stock: Which he sold for One hundred Seven-and-thirty Pounds.

Samuel Dorman, being bound as Surety for Robert Manley, in One thousand and One hundred Pounds; this Robert Manley assigns the said Lease to Dorman; and makes him a Bill of Sale of the Goods and Stock upon the Ground: And Dorman was in Possession.

Robert Manley, about April last, becomes a Delinquent, and fled: Major-General Boteler, within Two Days after that Robert Manley was fled, causeth divers Soldiers under his Command to enter upon the Land, and all the Cattle upon the Ground; resists the Sheriff from doing Execution; turns Sir Thomas Hatton out of Possession; and seizes the Cattle which they had distrained, and were in the Custody of the Law; imprisons Tarry, and detains him Four Days in Custody, till he confessed where the Money was he sold the Sheep for; and Cornet Tibutt agreed with the said Tarry, that it should be brought and left with Captain Baynes; which when he had brought One hundred Six-and-twenty Pounds thereof, accordingly, the said Cornet Tibbutt, and other of his Soldiers, took it away by Force out of the said Captain Baynes's House: All which Proceedings the said Major-General Boteler justified before the Committee, by colour of his late Highness' Letter, commanding him so to do.

The Opinton of the Committee is, That the Entry and Detainer of the Possession of the Lands and Goods by Force, and rescuing the Goods from the Sheriff, and hindering Execution, and taking the Goods which were distrained, and seizing the Money from Tarry, and Imprisonment of his Person, were unjust and illegal: And that the said Force, still continued by Major-General Boteler, upon the Possession of the said Lands, and Stock, be removed; and the Money and Stock, with the Increase and Proceeds thereof, restored and delivered to the Persons from whom they were taken.

Resolved, &c. That this House doth agree with the Committee, That the Entry and Detainer of the aforesaid Lands and Goods by Force, and rescuing the Goods from the Sheriff, and hindering Execution, and taking the Goods which were distrained, and seizing the Money from Tarry, and Imprisonment of his Person, were unjust and illegal: And that the said Force, still continued by Major-General Boteler, upon the Possession of the said Lands and Stock, be removed; and the Money and Stock, with the Increase and Proceeds thereof, restored and delivered to the Persons from whom they were taken.

The Question being propounded, That the Lords Keepers of the Great Seal do put Major-General Boteler out of the Commission of the Peace;

The Question was put, That this Question be now put.

And it passed with the Affirmative.

And tbe main Question being put; It was

Resolved, &c. That the Lords Keepers of the Great Seal do put Major-General Boteler out of the Commission of the Peace.

Impeachment of Boteler.

Resolved, &c. That a Committee be appointed to draw up an Impeachment against Major-General Boteler; and to consider of a Course, how to proceed judicially against him, and against other Delinquents: And to report their Opinion thereupon to the House.

Colonel White, Sir Walter Earle, Mr. Hugh Boscawen, Sir John Copplestone, Captain Stone, Mr. Attorney of the Dutchy, Sir Arthur Hesilrige, Mr. Swinfen, Mr. Secretary Thurloe, Mr. Samuel Baldwyn, Sir George Booth, Major-General Bridge, Mr. Hewley, Mr. Knightley, Colonel West, Mr. Holman, Mr. Bacon, Mr. AttorneyGeneral, Mr. Charleton, Lieutenant-General Ludlowe, Colonel Morley, Mr. Edward Cheeke, Mr. Serjeant Maynard, Mr. Solicitor-General, Mr. Hobby, Mr. Shaw, Mr. Stapleton, Mr. Ralph Bankes, Mr. John Stephens, Lord Falkland, Major Crooke, Mr. Henry Cromwell, Mr. Cartwright, Mr. Bodwrda, Sir Henry Vane, Colonel Mildmay, Mr. Cary Raliegh, Mr. Reading, Mr. Hen. St. John, Mr. Annesley, Mr. Crew, Mr. Francis St. John, Mr. Bruester, Mr. Terill, Mr. Hobarte, Mr. Rolle, Mr. Freeman, Mr. Serjeant Seys, Mr. Baynes, Mr. Goodrick, Colonel Cox, Mr. Edw. Cooke, Sir Walter St. John, Mr. Gewen, Sir Anth. Ashly Cooper, Mr. Lloyd, are appointed to be the said Committee: And are to meet about the Drawing up of the said Impeachment; and to consider of a Course of judicial Proceedings against Major-General Boteler, and other Delinquents, in the ExchequerChamber, To-morrow in the Afternoon, at Two of the Clock: And have Power to send for Parties, Witnesses, Papers, and Records.

Excise.

Some of the Farmers of the Excise, attending without, were, in pursuance of the Order made Yesterday, called in: And first, Mr. Thomas Morris, and Mr. Thomas Stephens, Two of the Farmers of the Excise for Beer, and Ale, in the Counties of Kent and Sussex, being come to the Bar; Mr. Speaker, by the Command of the House, required to know from them the Reason, Why they had not paid the Sum of Eight thousand Nine hundred and Twenty Pounds, due and owing by them, by their Contract upon the said Farm: To which the said Mr. Morris alleged, by way of Excuse, The want of sufficient Power to enforce the Payment of the Duty of Excise, and the Backwardness and Unwillingness of the Justices of the Peace in the Counties to sign Warrants to compel the Payment thereof; and tendered a Paper, which he desired might be received, and read.

The Paper was received: and, by the Command of the House, brought up to the Table.

Mr. Richard Best, Farmer of the Excise within the Counties of Devon and Cornewall, and within the City of Exeter, was also required to give the House an Account, Why he had not paid the Sum of Fourteen thousand Pounds, due and owing by him for the Farm of the Excise within those Counties: By way of Excuse, the said Mr. Best affirmed, That he had let out, or assigned, the said Farm to others: That there was about Three thousand Pounds returned in Bills; which should be paid in suddenly: But that the main Cause of the Arrear was Want of Power to levy and enforce the Payment of the Duty; and the Not acting of the Justices of the Peace in the Countries.

Thomas Stephens and John Chabenor, Farmers of the Duty aforesaid within the County of Berks; and charged with an Arrear of Four thousand Four hundred Pounds; In Excuse of their Not-paying in thereof, affirmed, That they had surrendered their Farm; That their Surrender was accepted, and others were employed, and gone into those Counties, to collect the Duty for the Service of the Commonwealth: And that, for what is in Arrear, to be paid by them, they may have Power to collect the Arrears due to them, in the Hands of the People in those Counties; and they shall then be enabled to pay their Rent.

Esau Risby and Robert Williams, Farmers of the said Duty within the City of Bristoll, and the Counties of Gloucester and Somersett, by one Contract, upon which they are in Arrear Eleven thousand Five hundred Pounds; within the County of Dorset, by another Contract, upon which they are in Arrear Two thousand Seven hundred Pounds; and within the County of Lincoln, and the Isle of Ely, by another Contract, upon which they are in Arrear Five thousand Two hundred and Fifty Pounds; By way of Excuse for their Not-paying of the said Debts, affirmed, as before, the want of Power to compel the Payment of the Duty; the Delays in the Justices of the Peace, to issue Warrants upon the Farmers Desires; that the Monies were in the Hands of the People within the several Counties, and not in the Hands of the Farmers: And delivered in Two Petitions; which they desired might be received, and read.

The Two Petitions, by the Command of the House, were received, and brought up to the Table.

Jerome Bodley, one of the Farmers of the Excise within the Counties of Hereford, Worcester, and Salop; charged with a Debt of Four thousand Seven hundred Fifty-five Pounds Ten Shillings; In his Excuse for his Not-payment thereof, affirmed, That his Partner Major Wansey had procured a Commission, or Order, from the Commissioners for Appeals for Excise; and had turned him out of his Receipts, and out of his Farm; and his Interest therein; so as he was disabled to pay any Money: And that, unless he was relieved, he was utterly undone.

John Huntingford, one of the Farmers of the said Duty within the Counties of Stafford, Derby, and Nottingham; charged with a Debt of Five thousand One hundred and Fifty Pounds; In Excuse for the Not-payment thereof, alleged Want of Power and Assistance from the Justices of the Peace in the Counties, to levy the Duty.

Thomas Garrett, one of the Farmers of the said Duty within the Counties of Norfolk, Suffolk, and Essex; charged with an Arrear of Nine thousand Pounds; In Excuse of the Not-payment thereof, made the like Excuse, affirming there was much Arrear to them in the Hands of the Country: That they will pay it in as fast as they can: And prayed either a further Power to levy the Duty, or that their Farm might be resumed: And that the House would consider, That a Private Purse would not make good a Publick Revenue.

After the Farmers had been heard severally, at the Bar, and their Reasons and Excuses offered by them, respectively, to the House, for their Not-paying of the several Debts charged upon them; by the Command of the House, they withdrew.

Resolved, &c. That the Farmers of the Excise, and Inland Commodities, who attended the House this Day, do attend the House again, To-morrow Morning: And that the Debate upon this Business be adjourned till Tomorrow Morning; and then resumed; and that nothing else do then intervene.