House of Commons Journal Volume 6
10 June 1651

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History of Parliament Trust

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1802

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'House of Commons Journal Volume 6: 10 June 1651', Journal of the House of Commons: volume 6: 1648-1651 (1802), pp. 585-586. URL: http://www.british-history.ac.uk/report.aspx?compid=26133 Date accessed: 21 April 2014. Add to my bookshelf


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Tuesday, the 10th of June, 1651.

Prayers.

Letter read.

A LETTER from the Lord General Cromwell, from Edenburgh, of the Third of June 1651, was this Day read.

Porter paudened.

A Certificate from Justice Aske, of the Seventh of June 1651, touching Ralph Porter, indicted of Murder the last Assizes in Bucks: the Bill being found by the Great Inquest; and, by the Petty Jury, found Guilty of Manslaughter; and, in Defect of his Clerkship, he had Judgment then given upon him; was this Day read; and was in these Words following; viz.

"According to an Order of Parliament, to me directed, I do hereby certify, That Ralph Porter was indicted of Murder at the last Assizes, held before me, for the County of Bucks: Which Bill being found by the Great Inquest, he was thereupon arraigned, and by the Petty Jury found Guilty of Manslaughter; and, in Defect of his Clerkship, he had Judgment then given upon him."

"June the 7th, 1651.

Ric. Aske."

The Question being propounded, That Ralph Porter be pardoned for Manslaughter, whereof he was convicted at the last Assizes for the County of Bucks; and that Mr. Attorney General do prepare a Pardon, accordingly; and that the Lords Commissioners for the Great Seal do seal the said Pardon, accordingly;

And the Question being put, That that Question be now put;

The House was divided.

The Noes went forth.

Sir Arthure Hesilrig, Tellers for the Noes: 24.
Mr. Bond, With the Noes,
Lord Viscount Lisle, Tellers for the Yeas: 39.
Mr. Scott, With the Yeas,

So it passed with the Affirmative.

And the main Question being put.

The House was divided.

The Yeas went forth.

Lord Viscount Lisle, Tellers for the Yeas: 37.
Mr. Scott, With the Yeas,
Sir Arth. Hasilrig, Tellers for the Noes: 27.
Mr. Bond, With the Noes,

So it was Resolved, That Ralph Porter be pardoned for Manslaughter, whereof he was convicted at the last Assizes in the County of Bucks: And that Mr. Attorney General do prepare a Pardon, accordingly: And that the Lords Commissioners for the Great Seal of England do pass the said Pardon under the Great Seal of England, accordingly.

Lord Rich's, &c. Estates.

Ordered, That on Friday next, Bills be brought in for enabling the Lord Rich, Sir Robert Howard, Sir Thomas Fleetwood Baronet, the Lord Lovelace, the Earl of Pembroke, and Mr. Peck, to sell entailed Lands for Payment of Debts; and for other Bills of that Nature.

Earl of Northumberland.

Ordered, That Friday-sevennight the Report touching the Earl of Northumberland be made.

Lincoln. Militia.

Ordered, That the Report from the Council of State touching the Militia of the County of Lincoln be brought in on Friday next.

Delinquents Estates.

The House this Day resumed the Debate upon the Bill for Sale of several Delinquents Estates.

Sir John Stowell.

A Letter from the High Court of Justice, of the Sixth of May 1651, touching the Tryal of Sir John Stowell; with a Certificate from the said High Court, touching their Proceedings at the said Tryal;

Which were both this Day read:

Which Certificate followeth in these Words; viz.

To the Supreme Authority, the Parliament of the Commonwealth of England.

IN Obedience to an Act of this present Parliament, 9 Julii 1650; this Court hath proceeded in the Tryal of Sir John Stowell, for Treason, and other Offences: And, upon hearing all the Evidences and Witnesses produced on the Behalf of the Commonwealth, and of the Prisoner; it was agreed by the whole Court, That he was guilty of the Treason, and other High Crimes and Offences, charged on him.

But, upon his Special Pleading of Right to the Articles of Exeter (confirmed by Parliament), by which no Person therein comprised, and submitting to reasonable Composition for their Estates, should be accountable, or questioned for any Act passed, by them done, relating to the unhappy Differences;

This Court findeth, That the said Sir John Stowell was comprised within the said Articles: And that in pursuance thereof he did subscribe before a Committee for the Militia of London, according to an Order in Parliament of the Second of July 1646:

And did also personally appear within Four Months after the said Articles, and present a Petition to the Committee of Goldsmiths Hall, for Composition, in relation to the said Articles of Exeter.

And this Court conceiveth, and hath so resolved and declared, upon several Debates, That this Tender of that Petition (in the Manner proved before this Court) was a Submission to Composition, according to the said Articles of Exeter.

But, because we find some Resolves of Parliament that (after the said Articles, and his Submission, as aforesaid) do order, That he should be tried for Treason; and the said Act of Parliament for his present Tryal doth declare him not admitted to Composition; we therefore do not proceed to Sentence; both do thus humbly certify his Case to this honourable Parliament.

At the High Court as Justice in the Painted Chamber, the Nine-and-twentieth of April 1651.

Ric. Keble,
Franc. Thorpe,
John Greene,
John Harrison,
John Parker,
W. Underwood,
Wm. Streete,
W. Row,
John Sadler,
T. Cooke,
John Blackwell,
Tho. Ayrs.
Cor. Cooke
Sam. Sheffield,
John Hurst,
George Manley,
Sam. Moyer,
Owin Rowe,
John Stone,
John Barners,
W. Weston,
Nath. Whetham,
George Langham,

Delinquents Estates.

A Proviso was tendered to this Act, "That the Lands which are settled on Mr. Anne Bodvill, for her Jointure, by John Bodvill Esquire, her Husband, be excepted out of this Act for Sale of Delinquents Lands; and that the Issues and Profits of those Lands, so settled, may forthwith, and from time to time, be in her Possession, to let and dispose of for her Use and Maintenance, during her natural Life; any thing in this Act to the contrary notwithstanding:" Which was this Day read the First time.

And the Question being put, That this Proviso be read the Second time;

It passed with the Negative.

A Proviso was tendered to this Bill, as followeth, viz. "Provided always, and be it Enacted and Ordained, That such Monies as have been paid to the Parliament by George Mynne Esquire, deceased, for a Composition for a Debt of Three thousand and Two hundred Pounds, due from Sir John Stowell Knight, and for another Debt of Three thousand Pounds, due from the Earl of Worcester, shall be repaid to the Administrators of the said George Mynne: And that the same Composition Monies be charged upon the Manors and Lands of the said Sir John Stowell, and Earl of Worcester, respectively; to be satisfied and paid, in such Manner as is directed in this present Act, for other Debts, for the Payment whereof the said Manors and Lands are charged and liable:" Which was this Day read the First Time.

And the Question being put, That this Proviso be read the Second time;

It passed with the Negative.

And the said Proviso was, upon the Question, rejected.

The Question being put, That George Philpott, of Compton in the County . . Southampton, do stand in the Bill;

It passed with the Negative.

A Proviso was tendered to the Act, "That the said Contractors, in this Act named, shall not, within the Space of Forty Days after the passing of this Act, treat or contract with any Person or Persons for the Sale of any the Manors, Lands, Tenements, or Hereditaments, of any the Traitor or Traitors in this Act named, other than the next Heir or Heirs; or, in his or their Default or Refusal, then with any Person or Persons, who is of the Kindred of such Traitor or Traitors: And that it shall and may be lawful to and for the said Contractors, or any Five or more of them, to treat and contract, within the Time aforesaid, with any such Heir or Heirs, or, in his or their Default, with any Person or Persons of the Kindred of such Traitor or Traitors, for the Sale of any of the Manors, Lands and Premises, of or belonging to such Traitor or Traitors, in this Act named, at the Rate of Six Years Purchase:" Which was this Day read the First time.

And the Question being put, That this Proviso be read the Second time;

It passed with the Negative.

And the said Proviso was, upon the Question, rejected.

Invalid Soldiers.

Ordered, That the Petition of the sick and maimed Soldiers, of the Hospital of Ely House, be referred to the Committee to whom the Bill touching sick and maimed Soldiers is referred; to examine the Truth of the Business; and report it to the House.