House of Commons Journal Volume 6: 15 January 1649

Die Lunæ, 15 Januarii, 1648.

Prayers.

Smithby's Claims.

AN Ordinance for payment of Three thousand Pounds to Mr. Thomas Smithby, out of the Arrears of the Revenue due unto the Crown before the Twenty-ninth of September 1643, not formerly disposed of by any particular Order or Ordinance of both or either House, was this Day read the First time; and, upon the Question, passed.

Expence of High Court of Justice.

An Ordinance for Securing and Repayment of One thousand Pounds, with Interest, unto Captain John Blackwell, out of the Arrears of the Revenue of the Crown, from the Twenty-ninth of September 1643, not formerly disposed of by any particular Order or Ordinance of Parliament, lent by the said Captain John Blackwell to the Use of the State, was this Day read the First and Second time; and, upon the Question, passed.

Oaths of Supremacy and Allegiance.

Ordered, That Wm. Ayres Esquire, being legally elected and returned a Member of this House, his Election being returned and admitted of Record, shall be admitted to sit in this House, without taking the Oaths of Supremacy and Allegiance.

Ordered, That an Ordinance be brought in, by Mr. Lisle, To-morrow Morning, for repealing that Clause in the Act of * *, That no Person be admitted to sit as a Member of this House, before he hath taken the Oath of Allegiance and Supremacy.

Ordered, That all and every the Sheriffs of the respective Counties in England and Wales do henceforth execute their several Places and Offices of Sheriffs of their several and respective Counties, according to the Duty of their said Office, without taking the Oaths of Allegiance and Supremacy.

Petition from London.

The House being informed, that divers of the Common Council of the City of London were at the Door;

They were called in: And Colonel Titchborne, in the Name of the Commons of the City of London, made a short Preamble, to this Effect:

Mr. Speaker, The Commons of the City of London, in Common Council assembled, desired these Gentlemen, and myself, to wait on you this Morning, to present to this honourable House, their humble Petition; in which I should not spend your Time, but that the Title varies from others of the like Nature, which have been formerly presented. The Title wants the Name of the Lord Mayor and Aldermen. For the Reasons of that Omission, the Commons have spoken their own Sense in a Narrative, which they annexed to this Petition. Howsoever, the Commons would not omit the Presenting of the Petition, left we should be thought to be men forgetting the Duty we owe, and to have lost our first Love. I shall only say, we are the same Men we were; and what we have engaged for with you, we shall still engage with the same Constancy. Within these Seven Years past, we have had a greater Light and Discovery of Men and Things. Our Petition Speaks our Desires; the Narrative, of our Grievances; and ourselves, yours, to live and die with you.

Which Petition and Narrative (after the Petitioners were withdrawn) were read; and were intituled, The humble Petition of the Commons of the City of London, in Common Council assembled: A Narrative of the Proceedings of the Court of Common Council, held in Guildhall, London, the Thirteenth of January 1648; humbly presented, by the Order of the said Court, to the honourable the Commons of England, assembled in Parliament.

Resolved, &c. That the Commons of England, in Parliament assembled, do declare, That the Petition this Day presented to the House, and intituled, The humble Petition of the Commons of the City of London, in Common Council assembled, together with the Narrative, thereunto annexed, of the Proceedings of the Court of Common Council, held in Guild Hall, London, the Thirteenth of January 1648, and presented, by Order of the said Court, to this House, may, and, of Right, ought to be entered in the Books, and among the Acts, of the Common Council there.

Ordered, That the said Petition and Narrative be referred to a Committee, to present their Opinions thereupon to this House, What is fit to be done in the Particulars thereby desired.

Mr. Solicitor, Colonel Marten, Colonel Harvey, Mr. Blagrave, Colonel Ven, Sir James Harrington, Mr. Leman, Sir John Danvers, Major General Skippon, Mr. Say, Mr. Tho. Challener, Mr. Holland, Mr. Allen, Sir John Bourchier, Mr. Garland, Mr. Wallop, Lord Grey, Mr. Lisle, Mr. Lassells, Colonel Purefoy, Alderman Pennyngton, Sir Gilbert Pickering, Mr. Gould, Mr. Scott, Mr. Carew, Alderman Wilson, Mr. Clement, Colonel Morley, Mr. Love, Colonel Sidney, Mr. Aires, Lord Mounson;

This Committee, or any Five of them, are to meet To-morrow Morning at Eight of the Clock, in the Court of Wards: And the said Committee have Power to send for Persons, Papers, Witnesses, Records.

The more particular Care hereof is referred to Mr. Garland and Mr. Allen.

The Petitioners being again called in; Mr. Speaker, by Command of the House, gave them this Answer:

The House hath read your Petition and Narrative; and commanded me to return you this Answer: As to the Common Council of the City of London, and so owned by this House; they take Notice of the extraordinary good Affections long since, and often, expressed by many particular Persons, if not by every Member of your present Body; especially of that true and publick Principle which carried you on to the Framing of this Petition, and to your going through with it, notwithstanding the Opposition and Withdrawing of your Mayor and Aldermen: I am withal to tell you, That the House doth fully approve of your acting and resolving by yourselves as a Common Council, in case of Absence or Dissent in the Mayor or Aldermen, or both together: And they do give you very hearty Thanks for your free and cheerful Tender of your Assistance to this House: And you may assure yourselves, that the Service you offer here shall always, by God's Grace, be made use of to the Advantage of the English Nation; and therein of the City of London: In order whereunto they have resolved to take the several Contents of your Petition, and of your Narrative, into speedy and serious Consideration; and have appointed a Committee for that Purpose.

Ordered, That this Petition and Narrative, and Answer of the House thereunto, and Vote thereupon, be forthwith printed and published.

Expence High Court of Justice.

Whereas Captain John Blackwell is appointed to receive and issue forth One thousand Pounds for the Service of the High Court of Justice: It is Ordered by the Commons, assembled in Parliament, That a Warrant, under the Hands of any Five of the said Court, with the Receipts of the Parties to whom the said Money, or any Part thereof, shall be assigned, shall be a sufficient Warrant and Discharge to the said Captain Blackwell, for any Sum or Sums of Money which he shall issue forth thereupon, for the Use abovesaid.

Declaration.

Mr. Thomas Chaloner reports a Declaration shewing the Grounds of annulling and vacating former Votes made by this House: Which was this Day read, by Parts; and, upon the Question, agreed unto; and ordered to be forthwith printed and published; and sent down into the several Counties within the Kingdom of England, and Dominion of Wales, by the Members of this House, serving for the several Counties, Cities, and Boroughs.

Navy.

Ordered, That the Ordinance for settling the Affairs of the Navy be read the Third time To-morrow Morning, the first Business.

Broad-street Ward.

The humble Petition of divers Inhabitants of Broadstreet Ward, in London, was this Day read.

Ordered, That the Alderman of the said Ward be required to summon another Wardmote: And that a new Election be made of Common Councilmen for that Ward, according to the former Ordinances.

Ordered, That the Committee appointed to consider of the Petition and Narrative, this Day presented to this House, by the Common Council, do take into Consideration the Petition of the Inhabitants of Broadstreet Ward, in London.

Smithsby's Claims.

BE it Ordained, by the Commons, assembled in Parliament, That the Debt . . Three thousand Pounds (fn. 1), due and owing to Mr. Thomas Smithsby, by the State, be paid . . . satisfied unto him, his Executors or Assigns, out of the Arrears of the Revenue, unto the Crown, before Twenty-ninth September 1643, not formerly disposed of by any particular Order or Ordinance of Parliament, to any other Person or Persons, or otherwise d . . . . or appointed to be discharged by Order or Ordinance of both or either House.

And be it further Ordained, by t . . Authority aforesaid, That the said Thomas Smithsby, his Executors, and Assigns, are hereby authorized at his and their own Charges, to sue for and recover . . . Arrears of the several Tenants, Accomptants, and Debtors, by Process out of t . . . . . . . or by any other lawful Ways or Means: And that the several Officers whom . . may concern, are hereby required to make forth Constats, from time to time . . . . . Debts, as the said Thomas Smithsby, his Executors or Assigns, or his or their Agent . . . . require: And that the said Debts, or so much thereof as shall be paid into the . . . . . of the Exchequer, to the Receiver General of the Revenue, or any other Receiver, sh . . . . . time to time be issued and paid to the said Thomas Smithsby, his Executors or A . . . . . until the said Three thousand Pounds (fn. 1), as aforesaid, be fully paid and sat . . . . And that the Officers of the Exchequer do issue forth such Process and Exte . . . the Levying of the said Arrears, as have been heretofore accustomed: And t . . . . . Barons of the Exchequer do, under the Seal of the said Court, grant Lea . . . . the said Extents to the said Thomas Smithsby, his Executors or Assigns: Who sha . . . . . . hold and enjoy the extended Lands and Hereditaments discharged from all other Debts, to . . . . . Crown, until the Monies for which the same are so extended, shall be first . . .: And the said Extents, and the Leases thereof, shall be pleadable, and allowed in all Co . . . before all Committees, for Discharge of the said Lands accordingly: And that the . . . . Thomas Smithsby, his Executors or Assigns, shall have full Power, and are hereby au . . . . . to discharge and acquit the said Receivers, Tenants, Accomptants, and Debtors of and . . . . so much of the said Arrears as he and they shall receive, or be satisfied ag . . . . . . . Persons whatsoever: And the Committee of the Revenue, the Barons of the Ex . . . . Clerk of the Pipe, and all others whom this may concern, are hereby required . . . . care and notice hereof; and to give Order accordingly; and to permit the said T . . . . Smithsby, his Executors, and his and their Agents, to search the Records, in . . . . Offices, for the Discovery of the said Arrears: And that the Acquittance and . . . . which shall be given by the said Thomas Smithsby, his Executors or Assigns . . . . Receivers, Accomptants, and Debtors, shall be a sufficient discharge to th . . . . . every of them, to free and discharge them of and from the same: Which . . . . . shall be allowed by the Auditor (fn. 2), and the Receiver or Receivers (fn. 2) discharged upon Record.

Expence of High Court of Justice.

BE it Ordained, by the Commons, assembled in Parliament, That the Sum of One thousand Pounds, together with Interest, at Eight Pounds per Centum, from this time, be paid unto Captain John Blackwell, for the Service of the High Court of Justice, out of such Arrears of the Revenue, due unto the Crown, before the Twentyninth of September 1643, not formerly disposed of by any particular Order or Ordinance of Parliament to any other Person or Persons, or otherwise discharged, or appointed to be discharged, by Order or Ordinance of both or either House.

And be it further Ordained, by the Authority aforesaid, That the said Captain Blackwell, and his Assigns, be and are hereby authorized, at the Charge of the State, to sue for and recover the said Arrears of the several Tenants, Accomptants and Debtors, by Process out of the Exchequer, or by any other lawful Ways or Means: And that the several Officers, whom this may concern, are hereby required to make forth Constats, from time to time, of such Debts as the said Captain Blackwell, his Executors or Assigns, or his or their Agents, shall require: And that the said Debt, or so much thereof as shall be paid into the Receipt of the Exchequer, to the Receiver General of the Revenue, or any other Receiver, shall, from time to time, be issued and paid to the said Captain Blackwell, his Executors or Assigns, until the said Sum of One thousand Pounds, with Interest for the same, as aforesaid, with all such Charges as he shall be at in recovering it, be fully paid and satisfied: And that the Barons of the Exchequer, do, under the Seal of the said Court, grant Leases, during the said Extents, to the said Captain Blackwell, his Executors or Assigns: Who shall quietly hold and enjoy the extended Lands and Hereditaments, discharged from all other Debts to the State or Crown, until the Monies for which the same are so extended, shall be first satisfied: And the said Extents and the Leases thereof, shall be pleadable and allowed in all Courts, and before all Committees, for Discharge of the said Lands accordingly: And that the said Captain Blackwell, his Executors or Assigns, shall have full Power, and are hereby authorized, to discharge and acquit the said Receiver's, Tenants, Accomptants, and Debtors, of and from so much of the said Arrears as he and they shall receive and be satisfied, against all Persons whatsoever: And the Committee of the Revenue, the Barons of the Exchequer, Clerk of the Pipe, and all others whom this may concern, are hereby required to take care and notice hereof; and to give Order accordingly; and to permit the said Captain Blackwell, his Executors, and his and their Agents, to search the Records in their several Offices for the Discovery of the said Arrears: And that the Acquittances and Discharges, which shall be given by the said Captain Blackwell, his Executors, or Assigns, to the said Receivers, Accomptants, and Debtors, shall be a sufficient Discharge to them, and every of them, to free and discharge them of and from the same: Which Acquittance shall be allowed by the Auditor, and the Receiver or Receivers discharged upon Record accordingly.