DIE Sabbati, videlicet, 25 die Maii.
PRAYERS, by Mr. Thoroughgood.
Domini præsentes fuerunt:
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Answer from the H. C.
Sir Rob't Rich and Mr. Page, sent Yesterday with a
Message to the House of Commons, return with this
That they agree to the Alterations and Additions in
the Ordinance for regulating Sequestrations.
(Here enter it.)
Serj. Finch's Petition, to have Possession of Ld. Finch's Estates that are sequestered, on paying the several Rents for them.
Upon reading the Petition of Sir Nath. Fynch Knight,
One of His Majesty's Serjeants at Law, and One of the
Assistants (fn. *) of this House; shewing, "That the Manor of
Moate in the County of Kent, and also the Manor of
Eshuir in the said County, together with the Mansionhouses, Lands, and Tenements to the several Manors
belonging, are of late sequestered by the Sequestra
tors of the said County, as the Estate of John Lord
Finch, Baron of Fordwitch; that the Petitioner is the
next Heir apparent of the said John Lord Fynch:
Now, in regard much Cost hath been lately expended in the repairing the said Houses, and for that
much Damage may soon happen, either through
Want of maintaining of the Repairs thereof, or by
the Destruction of the Timber or Woods, or by tilling
and plowing up the Ancient Meadows and Pastures
thereof, if the same should be in ordinary Tenants
Hands; and for that the Petitioner is willing to answer the full Rents now made thereof:
He humbly prayeth, that the Lords and Commons would be pleased to order that he
may (fn. *) have the Possession of the said Houses,
Manors, Lands, and Woods, paying several
Rents for the same as the same are now let
for by the Sequestrators; only deducting a
Fifth Part of the Rent thereof, for the Maintenance and Livelihood of Dame Mabella
Fynch, Wife of the said John Fynch."
Message to the H. C. about it.
Hereupon this House thought it fit to grant the Desires of the Petition; and referred it to the Committee
of Lords for Sequestrations, to give further Directions
accordingly: And it was further Ordered, To signify
so much to the House of Commons, by Message, by
communicating the Petition to them, and recommending
the Business unto them; and that they would refer the
same to their Committee for Sequestrations.
And accordingly a Message was sent to the House of
Commons, by Sir Rob't Rich and Mr. Page.
Sir J. Cordell, Langham and Limbrey, & al.
It was moved, "That the Cause depending in this
House, between Sir John Cordell, Alderman Langham, and others, against Lymbrey and others, might
be dismissed this House, and remitted wholly to the
Law, without Prejudice of either Party."
And, upon Debate thereof, these Two Questions were
propounded to be put:
1. Whether this Cause shall be dismissed this
House before Counsel be heard?
2. Whether this Cause shall be left to the ordinary Proceedings of Law?"
And the Question being put, "Whether the First
Question shall be put or no?"
It was Resolved in the Negative.
Then it was Resolved, upon the Question, That this
Cause shall be left to the ordinary Proceedings of
Message from the H. C. with Ordinances, &c.
A Message was brought from the House of Commons,
by Sir Rob't Pye Knight, and others;
To desire Concurrence in these Particulars following:
1. In a Letter to be sent into Scotland.
2. In an Ordinance for reimbursing Monies to Captain
3. In an Ordinance concerning Thomas Gamull's Legacies.
4. In an Ordinance concerning the Excise of Kingston
upon Hull, for the Lord Fairefax.
5. An Ordinance to enable Mr. Solicitor to do all
Acts as Mr. Attorney General ought to do.
Letter to be sent to Scotland.
(fn. †) The Letter to be sent into Scotland was read; and
the House was adjourned into a Committee during Pleasure, to debate it.
The House being resumed;
The Question was put, "Whether this (fn. *) House
agrees to this Letter?" (Here enter it.)
And it was Resolved in the Affirmative.
Ordered, That the Speaker of this House shall
sign this Letter, provided the Sum which is to fill up
the Blank exceeds not the Sum of Thirty Thousand
The Answer returned was:
Answer to the H. C.
That this House agrees to the Letter now brought
up; to the rest of the Particulars, this House will send
an Answer by Messengers of their own.
Message to them, with Mr. Fortescue's Order.
A Message was sent to the House of Commons, by
Sir Edward Leech and Dr. Aylett:
To desire their Concurrence in an Order concerning
Mr. Anthony Fortescue, Agent to the Duke of Lorrain.
Mons. De Sabran, & al. a Pass.
Ordered, That Monsieur De Sabran, Counsellor to
the Council of State of the French King, sent by Him
to reside in England, shall have a Pass, for himself and
his Servants, Twelve in Number, to pass without any
Trouble or Molestation to Oxford, or to any other Place
where His Majesty shall be for the Time, or to the
Queen, taking with (fn. †) him his Trunks and Baggage, without
searching and opening; provided the said Monsieur De
Sabran give his Word to the Speaker of this House,
that he will not carry any Thing with him as shall be
prejudicial to the State.
Ordered, That the Earl of Rutland is hereby added
to the Committee to consider of the Conference brought
up by Mr. Rous.
Letter to the Parliament of Scotland.
For the Right Honourable the Lords and
Commissioners for the Shires and Boroughs
assembled in the Parliament of Scotland:
The Parliament of England, taking Notice that the
Time of the Sitting of your Parliament draws near,
do esteem it a happy Opportunity to express the great
Obligation they owe to the Kingdom of Scotland,
which hath so effectually engaged itself in this common Cause, wherein Religion and the Liberty of the
Subject in all His Majesty's Dominions are so much
concerned; and therefore hath commanded us to
make known to your Lordships how much they value
the Brotherly Love of that Kingdom, which hath
been manifested upon all Occasions; and particularly
by the Assistance afforded this Nation in their great
Streights, at the Desire of this Parliament, which hath
already checked the Violence of the Enemy, and we
hope, through the Blessing of God, will become a
powerful Means for the settling His Majesty's Dominions in Peace and Unity, according to the Grounds
of the late Solemn League and Covenant: For the
better effecting whereof, the Parliament of England
hold it necessary that the Kingdoms should be as well
united in their Counsels as Forces, and that all Ways
and Means be used for maintaining a right Correspondency, for the joint carrying on of this great Work,
which hath already been the Care of the Honourable
Convention of the Estates and General Assembly of
Scotland, in sending their Commissioners for that Purpose, who have discharged that Trust with great Prudence and Fidelity; and, to this End, the Parliament
of England hath thought fit to appoint Commissioners
(who are now residing with your Army), and are to
make their Addresses to your Lordships as there shall
be Occasion, to whom they intreat your Lordships to
give Credence; they have also appointed Committees
of both Houses, as a joint Committee with your Commissioners, to manage the War, and other Matters
necessarily depending hereupon.
We are further commanded, by the Parliament,
to acquaint your Lordships, that they have ratified
and confirmed the several Treaties made and agreed
between their Commissioners and the Convention of
Estates of Scotland; and that it is their Desire that
the same may be done by your Lordships. The Parliament is very sensible of the great Wants and Extremities which your Army in Ireland hath born
with much Patience, occasioned by the manifold
Distractions and great Necessities of this Kingdom,
which have disenabled them to send timely Supplies;
and do return their hearty Thanks to the Kingdom
of Scotland, for their Care of that Army, and the
great (fn. *) Charge they have been at for their Relief
with Provisions and Money, for their necessary Subsistence.
The Parliament, according to their Resolutions of
the 11th of April, have ( (fn. †) though with much Difficulty) provided for that Army, in Part of their Arrears, the Sum of, and will endeavour the Performance of the other Thirty Thousand Pounds promised, with all possible Expedition,
and likewise take Care for the future Maintenance of
them and the Brittish Forces there, as in the said Resolutions of the 11th of April they have expressed;
for your Army in England, they have lately sent the
Sum of Twenty Thousand Pounds unto them, and
will not be wanting in any Thing that lies in their
Power to give Encouragement to those Forces, according to the Treaty between the Two Kingdoms.
Your Lordships are desired to consider the many
Difficulties and Wants this Kingdom hath long conflicted with, and to take in good Part the Endeavours
of the Parliament, who do their utmost for the Satisfaction of the Kingdom of Scotland, though their
Abilities answer not always their earnest Desires.
This being all we have received from the Parliament, we rest
Westm, the 25th of May, 1644.
very affectionate Friends,
and humble Servants.
An Ordinance of the Lords and Commons assembled in Parliament, for the better Execution of the former Ordinances for Sequestration of Delinquents and Papists Estates.
Ordinance for better Execution of the Ordinances for Sequestration of Delinquents and Papists Estates.
Whereas the former Ordinances of the Lords and
Commons assembled in Parliament, for Sequestration
of Delinquents Estates, have not been put into such
effectual and speedy Execution in divers Places as was
expected, to the great Disservice of the Commonwealth:
For Remedy thereof, and for the more speedy
collecting and bringing in of such Monies, Rents,
and Goods, as are or shall be due upon the said Ordinances, or any of them, the said Lords and Commons do further Declare and Ordain in Manner and
1. That the several Sequestrators and Committees heretofore or hereafter to be appointed by Authority of Parliament, and the several Solicitors,
Collectors, Treasurers, Appraisers, and all other
Persons by them employed by virtue of the said
Ordinances, or either of them, shall, within Ten
Days after Notice of this present Ordinance to them
given, or before the intermeddling therewith, take
the ensuing Oath;
1. A. B. do swear, that I shall well and truly, according to the Trust reposed in me, execute for the
best Advantage of the Commonwealth all and every
of the Ordinances made by the Lords and Commons
assembled in Parliament, for Sequestration of Delinquents and Papists Estates; and that I shall not,
for Fear, Favour, Reward, or Affection, spare, connive at, or discharge, any of the said Delinquents
or Papists: So help me God.
Which Oath shall be taken by the said Committees before any Deputy Lieutenant, Justice of Peace
of the County, City, Borough, or Place, where such
Committees shall fit, who are by this Ordinance authorized to administer the said Oath, and by the
said Solicitors, Collectors, Appraisors, and other Officers, before the said Committees, or any Two of
them, who are also hereby authorized to administer
the same; which said Deputy Lieutenants, Justices
of Peace, and Committees respectively, are hereby
required and enjoined to certify unto the Speaker of
the House of Commons the Names of all such Persons as shall take the said Oath, and also the Names
of all such as shall neglect or refuse to take the
2. That all Officers, and every other Person whatsoever, who hath in his Custody any Goods of any
Person whose Estate is sequestered, shall bring the
same in to the several and respective Committees of
Sequestration, within the said County, within Ten
Days after Notice of this Ordinance, or otherwise
within Five Days after the Expiration of the said
Ten Days pay ready Money to the Committees for
the same, according to such Rates as they shall be
appraised upon Oath, by Two able Appraisers appointed by the said Committees; and, in Default of
bringing in such Goods, or Payment for the same,
shall forfeit for every Week he or they shall detain
or not pay the same, the Sum of Two Shillings Six
Pence for every Twenty (fn. *) Shillings worth of such
Goods, to the Use of the Commonwealth.
3. That all Suspensions of Sequestrations of any
Delinquents or Papists Estates, made by the Committees, in any County or Corporation, without express Order of both Houses of Parliament, shall be
forthwith taken off and cleared; and no (fn. †) Suspension
or Excuse of Persons sequestered allowed, but what
is warranted by the Ordinances of both Houses.
4. That all Debts made for Goods sold shall,
within Ten Days after this Ordinance, be paid in,
by the Persons owing the same, to the Treasurers
of the several Places where they are due, and, in
Default thereof, the said Debts immediately after
the said Ten Days to be paid by the several Parties
that sold the same, under Pain of forfeiting the Sum
of Two Shillings Six Pence in every Pound for
every Week they remain unpaid after the said Ten
Days, in regard the Ordinances appoint no Sale but
for ready Monies.
5. That all the sequestered Houses and Lands now
standing void and unlet shall forthwith be let, tenanted, or improved, by the respective Committees
and their Officers, for the best Advantage of the
Commonwealth, upon Pain of such Punishments in
case of wilful Negligence as the Houses shall inflict.
6. That active, able, trusty Men, who will diligently attend this Service, shall be added to all Committees of Sequestrations where there is Cause; and
that the Committees of Accompts of the Kingdom
shall from Time to Time present the Names of such
Persons to both Houses of Parliament.
7. That the several Committees for Sequestration
in each County, Three or more of them, shall constantly meet, and sit upon this Service, Two set Days
at the least every Week, to be by them appointed;
and shall increase or alter the Number of their Collectors; and if any Neglect or Misdemeanor shall be
found in any Solicitor in the Execution of his said
Office, the said Committee, or any Three or more
of them, shall certify the same unto the Committee
of Lords and Commons for Sequestrations.
8. That no Treasurers appointed by the Sequestrators shall be allowed above Two Pence in the
Pound for Monies received by them; and that every
Committee and Treasurer residing in the City of
London, or within the Line of Communication, who
shall receive any Sum or Sums of Monies upon Sequestrations, shall pay the same to the Treasurers for
Sequestrations at Guildhall, London, within Six Days
after his or their Receipt thereof; and the Committees and Treasurers that are to pay in their Money
to the said Treasurers at Guildhall aforesaid, residing
within Forty Miles of London, shall pay the Monies
they receive within Fifteen Days after the Receipt
thereof; and such Committees and Treasurers who live
above Forty Miles from London shall, within Thirty
Days after the Receipt thereof, pay the same to the
said Treasurers, under Pain of forfeiting Two Shillings Six Pence in the Pound for every Week he or
they shall detain the same after the respective Times
9. That the several Collectors and Solicitors for
Sequestrations, that have not heretofore pursued, or
shall not hereafter pursue, the several Ordinances
of Sequestrations, and the Trust thereby in them
reposed, shall be disallowed upon their Accompts all
Fees or Sums of Money appointed unto them by
any Ordinance whatsoever.
10. That the several Solicitors and Collectors for
Sequestrations shall from henceforth keep several
exact Accompts of all Goods, Lands, Rents, and
Profits sequestered, and enter the same into several
Books of Accompts, to be kept for that Purpose; and
shall, within Ten Days next after Notice of this present Ordinance, make several Books of Accompt, of
all Debts, Rents, and Profits, then (fn. *) in Arrear, unreceived and uncollected, and of the Particulars and
Values of all the Goods, Lands, Rents, Tenements,
and Revenues, of every Person sequestered, within
their several Divisions; and shall likewise Quarterly
make and deliver the like Accompts unto the several
Committees under whom they are employed, to the
End the certain Value of the Sequestration may be
discovered, and a constant Revenue raised.
11. And it is further Ordained, by the said Lords
and Commons, That all and every of the Penalties
in and by this present Ordinance imposed, or to be
inflicted, upon any Person or Persons offending contrary to this Ordinance, or any Thing therein contained, shall be levied by the said respective Committees, their Collectors and Agents, by Distress and
Sale of the Parties Goods so offending.
12. And it is further Ordained, That no Committee or Committees whatsoever shall, without valuable Consideration, dispose of any sequestered Goods,
or make any Loans thereof, without the Consent of
both Houses of Parliament.
13. That all Officers, and every other Person
whatsoever, who hath detained in his Hands any Sequestration monies, or hath received any of the said
Monies without a sufficient Warrant for his so doing,
and contrary to former Ordinances, shall bring in
and pay all such Monies so by them detained or
received, to the Treasurers for Sequestrations at
Guildhall, London, within Twenty Days after Notice
of this Ordinance; and, in Default thereof, shall
forfeit Two Shillings Six Pence for every Twenty
Shillings, for every Week he or they shall detain or
not pay the same to the Uses aforesaid; and the Monies so detained, together with the said Forfeiture,
shall be levied by the said respective Committees,
their Collectors or Agents, by Distress or Sale of the
Parties Goods so offending; and, where no sufficient
Distress can be found, the Parties so offending to be
committed to Prison till the Money be paid as aforesaid.
14. And it is further Ordained, That, for the Prevention of all fraudulent and indirect Dealing, and
for the present and future Satisfaction of the Kingdom, all Treasurers and Collectors in the associated
Counties under the Command of the Right Honourable Edward Earl of Manchester, as also in the County
of Kent and Surrey, where, by several Ordinances of
Parliament, they have Power to detain One Third
Part of all the Sequestration-money within the said
Counties, for the better maintaining of the Forces
by them raised respectively, for the Preservation of
the Parliament and Kingdom, shall bring in to the
Treasurers of Sequestrations at Guildhall, London,
every Three Months, or oftener if they shall be
thereunto required, an exact Accompt of all the
Sequestration-monies by them received and issued out
for the Third Part as aforesaid, or otherwise, and
produce Receipts for the same, to the End the said
Treasurers at Guildhall may keep Accompt of all
the Sequestration-monies, as by former Ordinance
was Ordained; and to take Care that the said Monies be equally divided and applied, as by the said
Ordinance is intended; and that the like Course is
to be observed by all particular Men, for all Sequestration-monies they shall receive, in any County
or Place under the Power or Command of the Parliament, by virtue of any particular Ordinance obtained by them, that they may receive no more than
is intended and appointed by their several Ordinances
15. And it is further Ordained, That John Madden
Gentleman shall be a general Solicitor, for the better Execution of this and the former Ordinances of
Sequestrations; and is hereby authorized to keep
due Correspondence with all Committees, Solicitors,
Treasurers, Collectors, and other Officers employed
about the Sequestrations; and shall give his best Advice and Assistance to the said Treasurers at Guildhall, for the better promoting and advancing of the
said Service; and, when he shall discover any Obstruction or Disorder in any Person or Persons herein
employed, he shall acquaint the Committee of the
Lords and Commons for Sequestrations therewith;
and, for his Pains and Attendance on this Service,
the said Treasurers at Guildhall shall pay unto him
Weekly Twenty Shillings, and shall also pay unto
the said John Madden all his necessary Charges and
Expences which he shall disburse, if he shall find it
needful, with the Advice of the said Treasurers at
Guildhall, to travel into any of the Counties under
the Power and Command of the Parliament for the
better and more speedy effecting of the Premises, and
for Postage of Letters.