Volume G 254: February 1651

Calendar, Committee For Compounding: Part 1. Originally published by Her Majesty's Stationery Office, London, 1889.

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'Volume G 254: February 1651', in Calendar, Committee For Compounding: Part 1, (London, 1889) pp. 403-416. British History Online https://www.british-history.ac.uk/compounding-committee/pt1/pp403-416 [accessed 24 April 2024]

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February 1651

Feb. 1.
Westminster.
Revenue Commissioners to the Committee for Compounding. Parliament having committed to us the care of the revenue, we find, on declarations of the accounts of receivers of counties, and on the sheriffs' accounts, that the County Committees' agents have received sums due to the public revenue out of sequestered estates, which should have been paid to the county receivers by the ordinance of Parliament of 23 Dec. 1643. Pray see that those thus paid in be restored, and that they be paid to the sheriffs and receivers in future. [G 113, p. 633.]
Feb. 1. 40. County Committee for Yorkshire, to the Committee for Compounding. Particulars of Sir Thomas Bland's case. We have also sequestered the estate of Mr. Ross at Nunthorpe, value 90l. a year, as it had been sequestered by the former committee, and suspended without composition. [Thos.] Overman, who lives in Southwark, pretended to have married the daughter and heir of Mr. Ross, and not to be sequestrable himself, and therefore craved discharge. The certificate from the committee, which he sent us by his solicitor, we conceive to be a counterfeit, because it is all in one hand, and we have therefore sent it up, and desire that both the gentleman and the certificate may be enquired after; for until we hear from you, we shall forbear from doing anything. He is very malignant, and we have cause to suspect him of delinquency. [1 page.] Annexing,
40. i. Certificate by Ben. Goodwin and Jo. Inwood, Commissioners for Sequestrations for co. Surrey, that Thomas Overman of Southwark was never sequestered by them nor by the former committee, nor ever questioned for any delinquency, but has lived peaceably and quietly during these troubles, and borne his proportion in public charge. Borough, 14 Jan. 1651. [1 page.]
Feb. 1.
York.
41. County Committee for Yorkshire to the Committee for Compounding. We have come short of understanding some things, not for want of perusing the Act or your instructions, which our many queries will witness, but we wished to act upon good grounds.
As to the particular about surveying the lands, we have often had it in debate, but in regard of the largeness of this county, and the multiplicity of business, and our having only a few members sitting, we found it impossible both to survey lands abroad and manage the employment here; and therefore, falling short of our instructions, we let but for one year, so that if any further discovery of the true value could be obtained, we might take the advantage of it. Taking one with another, the lands are let as high, if not higher than other lands here; and though some may be short, the rest will balance their wants. However, we have done our utmost to raise and discover, where we were jealous of undervalues. We made our days of letting public, gave tenants all the encouragement we could, and closed with the best of them, and none can tax us with letting for less where we could have had more.
Few of the tenants appear, but whether it be because their farms are inconsiderable, or for fear of their landlords' displeasure, we cannot say; how to help it we know not, unless the ordinance, so often spoken of, for defending well-affected tenants against their delinquent landlords, were concluded; therefore we submit it to you, whether to let them stand for this year, or confirm them for more. [1½ pages.]
Feb. 4. Order of the Committee for Compounding, that the counsel for the State bring in speedily all reports in their hands on the Act of 1 Aug., that sequestration may be proceeded in upon those who have petitioned, but have not prosecuted their cases. [G 13, p. 36.]
Order appointing Ant. Edwards commissioner for co., Gloucester. If Capt. Buck is in town, he is to be summoned, to show why he does not repair into the country, and act in his place, or else be suspended, and another put in his place.
Rob. Massey appointed a sequestrator for co. Lancaster, and a commission to be prepared for him.
Major Cooper of Southwark appointed one of the County Committee of Surrey. [G 12, pp. 109, 111.]
Mr. Russell and Squibb to examine the paper delivered in by And. Sherwin, and certify what should be done therein. [G 10, p. 378.]
Feb. 4.
Durham.
42. County Committee for Durham to the Committee for Compounding. We were not unmindful of what is required by the Act, and your instructions for surveying, but we had already proceeded to contract for the estates under sequestration, letting leases and taking security, which we have prepared to return, having that help in this county which most counties have not; for all the estates and lands here were exactly valued at the rack upon the making of a late book of rates for the due proportioning of taxes, and in our contracts we have brought the estates to a greater improvement of rent than they were let before the war, or within any man's remembrance. If those contracts be not confirmed before a survey can be made, the tenants will decline their engagements, and we much fear we shall not procure tenants to farm them at the rents they are now let for. Yet if you conceive it of advantage to the Commonwealth, we will pursue your directions. [1 page.]
Feb. 4. 43. County Committee for Essex to the Committee for Compounding. Particulars of cases. By your order of 23 May last, Arthur Barnardiston was appointed steward for the keeping of courts in the sequestered manors of this county, but in yours of 2 Jan., Mr. Graves is appointed steward for those of Lord Petre; we require order herein, as Barnardiston is discontented.
We have had some of the bailiffs of Lord Petre's manor before us, to get information concerning the estate, and shall sit here again on the 11th, about that and other business, and will then give an account of the summoning in of those delinquents mentioned in a list sent in our last.
Are ministers to have any benefit by angmentation before taking the engagement? Some who have stood out, and not taken it until now, desire satisfaction of arrears.
With marginal notes of reply, 10 Feb., that the Committee for Compounding will send a copy of the order appointing Mr. Graves steward. Also that the Act of Parliament gives clear directions as to augmentations to ministers, and that they are to proceed accordingly. [1 page; also G 30, p. 139.]
Feb. 4.
Berkhampstead.
44. County Committee for Herts to the Committee for Compounding. The estate of Thos. Bridges, of Rickmansworth, is very small, only 3l. 10s., which we have secured; he had given over housekeeping before your order, and had only a few odd things left. His lands lie in the parish of Ivinghoe, co. Bucks, and value 50l. per annum.
Sir Michael Wharton has a fair house and orchard at Cheshunt, which is empty, value 20l. per annum; also the Vine Inn and a small cottage; all being 30l. a year. There has been no contract made for 7 years, as until lately there has been but one commissioner. With marginal notes that they are to enquire whether Bridges' estate was to be seized and secured, or sequestered, and to write to the Commissioners of Bucks, giving the name of the place and person. Col. Fielder is to see this about Sir M. Wharton's estate, to know whether he can give further light. [¾ page.]
Feb. 4. 45. County Committee for South Wales to the Committee for Compounding. We have sent you, with much hazard and difficulty, part of the 100l. which we long since endeavoured to convey, but could not except by sending one of our joint commissioners with it. We should have done better, but the sickness was so violent in many parts of South Wales, that we could not with safety travel for expediting the work, which is so troublesome and chargeable that some of our joint commissioners have desired to be excused from the service.
If in their stead, you would commission Walter Lewis, of Llanigon, as our agent, the service might be the better advanced. The imposition of a fine of 20l. upon the late committee will not bring them to any account, and we therefore crave further directions therein. [¾ page.]
Feb. 5. Exceptions taken before the Committee for Compounding by John Farewell, to 6 of the witnesses examined for Chris. Cheesman against the commissioners for co. Berks, viz.:—
Chris. Willoughby and Wm. Holloway, for cheating and bribing in bargaining for sequestered lands.
John Waldron as a felon and robber.
John Matthews as dismissed by the former committee from employment for felony and perjury.
John Jancey and Constant Barnard, for bribing Cheesman with 20l. to procure a bargain of sequestered lands. [G 67, p. 375.]
Feb. 5. Order of the Committee for Compounding, for a hearing on Tuesday week of the above case, and no copies of proofs to be delivered till then. Publication is then to pass, and they are to bring in their exceptions in the afternoon.
Order on a letter from the commissioners of co. Hants.,—showing that the former solicitor, John Woodman, refuses to give in his accounts, though often required,—that Thos. Hammersley, messenger, take him into custody. [G 10, pp. 382, 384; 36, p. 141.]
46, 47. Order that Lord Grey present to the House, for their resolution, according to the Act of 29 Jan. 1650, an order in the House of Commons of 15 April 1646, granting to Thos. Ellison, of Easington, co. Durham, Morton Farm, in Dalton parish, sequestered from Rich. Hickson, recusant, on rent of 25l. [2 copies.]
Order that Mr. Squibb and Winslow attend the Council of State, acquaint them with the 600l. due from the Spanish Ambassador to the Marquis of Winchester, and with the charge they find to lie on sequestered estates, by levying horse thereon. [G 36, p. 141.]
Feb. 5.
Cockermouth.
48. County Committee for Cumberland to the Committee for Compounding. You inform us of your reception of contracts from adjacent counties made for estates not surveyed by the commissioners, they having too hastily contracted before making a certificate of survey, by which you conceived a great disadvantage had accrued, and could not confirm the contracts.
In farming estates here, we have proceeded according to our instructions, save only in that for deductions, which, being inconsiderable, we waived; in the letting for 6 years we did not omit anything most conducible to advantage, as the enclosed list, compared with the last year's value of the same estates, will evidence, the sums amounting to far more than formerly. If an alteration be made of what we have done, a double damage will follow; for most of the spring will be spent before a survey can be made and returned, and the present farmers, interrupted in the enjoyment of the lands, will make no tillage, and consequently the profits will prove little or nothing. Besides, there are such a number of concealments, undervalues, and discoveries of delinquents unsequestered, presented to us, that it is impossible to prosecute in every punctilio. If you desire to be more fully satisfied, Thomas Craister, who was with us at the letting of the estates here, and is now in London, will answer your queries; after conference with him, let your result be transmitted with all expedition.
As to an order produced before us by Mr. Winstanley, whereto Mr. Brereton's report was annexed, Sir Wm. Musgrave of Crook Dale tendered us a grant to-day of two mills under one roof in Abbey Holme, which Mr. Winstanley claims, as by a short recital of the heads of his grant, here enclosed, may appear. These mills we have ordered to remain in possession of the State till further order. [1¼ pages.] Enclosing,
48. i. Indenture whereby Martin Freeman and Edm. Sawyer of London, gentlemen, sell to Wm. Musgrave of Holme Cultram, Cumberland, the Abbey Mills in Holme Cultram, and also all the messuages, &c., thereto belonging, in as full a manner as they had the same granted to them under the Great Seal from King James, on 27 May last. 26 June 1612. [Copy, 2/3 page.]
Feb. 5.
Taunton.
49. County Committee for Somersetshire, to the Committee for Compounding. If what we have done for the public good should be reversed, it would tend to disparage us, and be a great disadvantage to the revenue, and although, having been so short a time in this employment, we are not learned in the ordinances, Acts, and instructions, yet we have made them our rules, except that from the straitness of time and crowd of business occasioned by the long vacancy of the commissioners, it was necessary for speed to set many small things under 20l. a year that we have never surveyed. We have surveyed what we could, and have used such diligence to gain the true value of everything, that there cannot be one per cent. improved on what we have contracted for through the whole county.
There is considerable improvement on last year's letting, and we hope you will not disannul what we have done with so much integrity and pains. We appeal to the world to judge, and let envy itself speak what it can, we can fully clear ourselves that, for any private ends or friends, we have not made the least failure in pursuance of your instructions.
P.S.—Send your letters for us to Taunton, where we have appointed a trusty messenger to receive them, as Bristol is too remote.
With note of reply. We cannot dispense with your oath, and must require the survey of estates let for 7 years. If you have not time for the survey, make leases for 1 year only, survey before that time expires, and certify us the value. [1½ pages; also G 30, p. 391.]
Feb. 5.
Marlborough.
50. The late County Committee for Wilts to the Committee for Compounding. We have been required by your commissioners here to deliver them an account of our proceedings, but have not been able, our clerk absenting himself in London and detaining our books, though several times demanded. Do not think us neglectful, for we have done our utmost to get in our books to perfect our accounts. We have again sent him an express order for delivery of them, and in case of refusal we shall crave your assistance to force him; we have desired [Thos.] Helme, clerk to the commissioners, to attend you with his answer and address. [1 page.]
Feb. 5. 51. County Committee for Durham to the Committee for Compounding. According to your order of 14 Jan. for payment of 3,000l. which we received on the 25th, we, the following Monday, paid the same to Andrew Edwards by appointment of the treasurers-at-war, and had a receipt, and now we desire a discharge from your treasurers for so much paid into the treasury at Goldsmiths' Hall. [½ page.]
Feb. 6. Order of the Committee for Compounding making void all former orders for stay of rents in the tenants' hands (other than for seizing and securing); the county committees are to receive such rents, to be paid back to the several parties in case, on hearing, they seem to be unduly received; the several sequestration treasurers to be responsible therefor. [G 13, p. 37.]
Order that Wm. Window be steward for co. Gloucester. [G 12, p. 118.]
Feb. 6. Committee for Compounding to the Committee of co. Hants. We have signed a warrant for taking Woodman into custody. Summon John Hildesley of Hinton, Thos. Baker, solicitor, of the Strand, and 7 other collectors to appear before us in 14 days, unless meantime they deliver up the duplicates required. [G 10, p. 392.]
Feb. 6.
Chester.
County Committee for Cheshire to the Committee for Compounding. Notes on cases. We wish directions about the outbuildings on Papists' estates; for want of them, there are complaints here and in other counties that the lands do not let, or only at a low value. [G 148, p. 221.]
Feb. 6. 52. County Committee for Sussex to the Committee for Compounding. There are great arrears here depending upon Thomas Middleton for wood and iron works, which he holds by lease made before the sequestration of Sir Richard Weston, recusant and delinquent, at rent of 125l., and for which he was in arrear last Michaelmas 1,250l.; much of the underwood is ready to be cut down, and would advance a large sum towards payment of such arrears; we are necessitated to pay the monthly assessments for the same, though no benefit is as yet made thereof. The tenants of Sir Rich. Weston have, time out mind, had the herbage of the said woodlands, so that if the same be cut down, it should be kept for some years from harm by the cattle, and some small yearly allowance ought to be made to the tenants. [¾ page.]
Feb. 7.
Haberdashers' Hall.
Committee for Compounding to the Committee for co. Gloucester. We yesterday displaced your agent, Edw. Rogers. Send us speedily the name of some fit person to be employed, that business may not be hindered. [G 10, p. 394.]
Feb. 7.
Exeter.
County Committee for Devonshire, to the Committee for Compounding. On yours of 17 Jan., we issued our warrants to the agents, and they are seizing and summoning. Thanks for yours of 30 Jan.; we shall no longer sit on thorns. We have regularly obeyed your orders about letting estates, and we will perfect the work through the county. Note of receipts. We hope not to be blamed for the late committee's still refusing to give up their papers.
In all our troublesome and chargeable appeals we never accepted a penny but from Mr. Hele; and as you take it ill, we will not give you offence, though there is nothing dishonourable to Parliament, and it has been usually done by others. We hope you will remember our charges, and think better of us than to suppose that we would be corrupted in our duty. We send you 720l. by Rich. Carter, and beg a discharge. We recommend John Heyward as an agent. Notes of cases. With marginal notes of a reply. [G 152, pp. 477, 478.]
Feb. 8.
Deddington.
53. County Committee for Oxfordshire to the Committee for Compounding. Your dissatisfaction with our proceedings in contracts we would have prevented, had we conceived our actions capable of exception. For the Earl of Down's estate, which is set down as of the value of 1,900l. a year, besides perquisites of courts and wood sales, although it be let by us at 1,300l., yet if consideration be had of the reservations contained in our demise, it will appear that we have not been so ill husbands as is conjectured; for [Edw.] Twiford, the tenant, is to pay all taxes and contributions; several farms, all the woods, and the power of keeping courts are excepted, and whoever rents it upon these terms will be no gainer by it.
The persons to whom any part of this estate has been sold or let since delinquency have had notice to appear and answer, according to your order, but we have not heard of any of them; the rents are secured meantime.
For [Wm.] Stoner's estate, in the absence of particulars, we grant it may be worth 1,600l. a year, but a great part lies in wood, which, being let to a stranger, might suffer much spoil; more than 1/6 goes out in taxes, besides quit rents, and should we refuse the present tenant, we could hardly find another to take it at our rate, viz., 700l. for 2/3.
[Ralph] Sheldon's estate, which you value at 500l. a year, was set before the war for 454l., out of which 14l. is paid in quit rents and 20l. in tithes. The former tenant refused it at the rent contracted for, and it is now much out of heart for want of being stocked. For [Wm.] Reynolds' estate, worth 80l a year, there were divers competitors, and 22l. was the utmost offer for the 2/3 and yet he that has taken it is willing, in case another will give more, to leave it.
[Mary] Arden's estate is worth 100l., out of which there is a college rent, which last year amounted to 48l. [Thos.] Greenwood's estate is rated in the monthly tax at 125l., the full value. The former tenant, although he had stocked a good part of the ground, refused to give the rent now contracted for.
George Napper's estate is worth 45l. [Mich.] Chadwell's we have set for 124l., besides taxes, and it has been compounded for at 170l. Sir Thos. Sherley's is valued at 100l., and the former tenant who contracted for 2/3 at 51l. is not willing to hold it at that rate.
We had treated for divers other estates, but for none of these before receiving your instructions for posting and surveying. We have now been over the greater part of them, and received the account of the rest from your agent, who has been very active to gain a right information of them. [1¾ pages.] Enclosing,
53. i. Particulars of the estate of Thomas, Earl of Down, lying in co. Oxon, and let to Edw. Twiford. Total rent, 1,293l. 10s. 0d. [1 page.]
53. ii. Indenture whereby the County Committee for Oxon let to Edw. Twiford of Northmoor, for one year from 25 March last, at a rental of 1,300l. payable quarterly, all the said manors, lands, and tenements sequestered for delinquency, except woods, and the messuages, lands, and tenements of the said Earl lying in Euston, Dichley, Fewcott, and Ardley, and the power of keeping courts and of granting copyhold estates; with covenants to keep the premises in repair, not to fell any wood or permit any waste, and to pay all taxes, contributions, assessments, and other charges whatsoever. 10 Aug. 1650. [Copy, 2 pages.]
Feb. 8.
Derby.
54. County Committee for Derbyshire to the Committee for Compounding. We have already in bank 800l. of the Martinmas and Christmas rents, besides what we have got return for; but as we can get no further return before March, we desire your directions therein. Noted, "Alderman Allen for 800l." [½ page.]
Feb. 11. Order of the Committee for Compounding, that the books returned from the Irish Trustees be delivered to Aud. Sherwin, to examine what is in arrear in every county.
Order in the case of the Essex men, on hearing their counsel, that the present commissioners certify the particulars exhibited by the delinquents in the late insurrection, what fines were set, and the names of those from whom they received no particulars, but compounded with them in gross. [G 10, pp. 396, 399.]
Order that the keeper of the New Prison bring Capt. Stint to the commissioners at 3 p.m. [G 36, p. 75.]
Feb. 11. Committee for Compounding to the County Committee for Durham. Particulars of cases. For the reasons already given, we cannot allow of the charge of horse on sequestered estates. Therefore any such deductions from rents will not be allowed on your accounts. [G 30, p. 63.]
Feb. 11. Committee for Compounding to the Commissioners for co. Lincoln. A wagon has gone down into your county to bring up the assessment money. It will be a good convenience for returning the moneys in your hands, not exceeding 3,000l. [G 10, p. 396.]
Feb. 11.
Salop.
County Committee for Salop to the Committee for Compounding. Sir Hen. Mildmay, M.P., threatens a course against those who prevent his taking the profits of his extent on Trench Farm sequestered from Lord Stafford. We only executed your commands, and beg your protection.
We posted the estates in several market towns 2 days since, but only 2 have appeared to take them. We send the contracts and beg confirmation. Note of a case. [G 165, p. 531.] Enclosing,
i. Note of 2 contracts for Shiffnall Park, part of the Countess of Arundel's estate, and that of Henry Fox of the Hurst, Westbury parish. 11 Feb. 1651. [G 165, p. 533.]
Feb. 12. Petition of Quartermaster Matthew Naylor of York to the Committee for Compounding, to be appointed agent to the county sequestrators of York, in place of Captain Henry Fotherby, who has taken the charge of a foot company in the expedition for the North. Has faithfully served Parliament in both wars, for which, as to the latter, he is much in arrear. Has taken the engagement. With note of Sir John Bourchier, 21 Nov. 1650, recommending Naylor as one who will demean himself well as agent. [G 106, pp. 717, 719.]
Feb. 12. Order of the Committee for Compounding that if the county sequestrators want an agent, petitioner be appointed, if they certify no cause to the contrary within a month. [G 14, p. 1.]
Like order to propound to the Army Committee that 3 clerks more are necessary to the auditor, and that he should have 50l. a year more as his own salary.
That from this day the commissioners will not sit by candle-light unless engaged in any particular case. [G 13, p. 37.]
The certificate returned from the Durham Committee referred to Mr. Reading, to state and report. [G 14, p. 2.]
Order for a letter to the town clerk of London, to desire him to return a list of all convictions of recusants in the city and liberties, with the date of conviction, and the like, to Mr. Greaves, clerk of the assize for Middlesex.
To write to Col. Downes and the Army Committee, to appoint a time when this committee may offer them such particulars as must be settled to carry on the work of sequestration.
Order that when they set a day, Russell, Squibb, and Winslow attend them. [G 36, p. 145.]
Feb. 12. Committee for Compounding to the County Committee for Cumberland. We are satisfied with the explanation in yours of 26 Dec. about your salary of 10l. 12s. As to Pearson, he complained to us that he had not been paid for his service, but if he has, we cannot give him further recompence. He must pay what you find he owes, and if he refuse, it must be levied on his estate.
You need not trouble us about persons refusing to be examined, for by votes of Parliament of 8 Aug. last, you have power to commit them. Particulars of cases. [G 30, p. 126.]
Feb. 13. Order of the Committee for Compounding, that Wm. Dickenson and John Atkins, of the Dog tavern, Westminster, attend tomorrow. [G 14, p. 6.]
Feb. 13. 55. County Committee for Cornwall to the Committee for Compounding. Your instructions not to set in lump entire, nor whole estates to one tenant, has obstructed the most considerable sets in this county, so that we shall make little of some of these if we follow that rule, which,—though of advantage in other counties, where malignants and delinquents are less, and the well affected more,— yet is of much disadvantage in this place where delinquents are feared by their neighbours, the enemy having residence so near as Scilly Islands, within sight, and the chiefest of them being of this county. If we may let for 5 or 7 years, and your rule be then pursued of setting in parcels, the rent will be doubled of several estates. Some of those persons so overawe the county that none will take land except officers and soldiers, who may settle to dwell upon it. Pray consider this again, as it is a power granted by you to others elsewhere employed. Particulars of cases. [¾ page.]
Feb. 14. 56. Queries by the County Committee for Dorset to the Committee for Compounding, with notes of reply.
(1.) In cases where persons have compounded for personal estates only, when their real estates are seized, may the personalty again be seized ? [It is not reasonable that they should buy their personal estates a second time.]
(2.) Is an impropriation, wholly disposed of by the Committee for Plundered Ministers for augmentations, to be freed from the 1/5 due to the delinquent's wife, and shall the remaining estate be chargeable with the 1/5 of the whole? [1/5 equally to be paid out of the whole.]
(3.) Are the grants of estates made on the Committee's order by Papists who compounded for ⅓ of the fines, to be allowed as good? [A return to be made of all estates let in that kind, on the keeping of the courts.]
(4.) Have the county committee power to levy by distress, and sell the distress taken on Hen. Child, for rent due before the order for stopping rents in the tenants' hands was produced? [All rents in tenants' hands to be paid to the commissioners, except where the estates are only seized and secured.]
(5.) Whether the county committee have power to allow 1/5 to the discoverer? [On certificate of discoveries, further order will be given.]
(6.) If a delinquent omits or undervalues part of his estate, and sells it before discovery, can it be seized in the hands of the purchaser? [It ought to be seized.]
(7.) When a delinquent who has compounded has afterwards a great estate fallen to him by death or marriage, is it to be seized? [To be secured if it was settled on him in reversion.]
(8.) May the county committee grant copyhold estates, and in whose name 2 such being already granted on Lord Capel's estate? [To be granted in the name of the keepers of the liberties of England.]
(9.) May the sub-commissioners grant 7 years' leases? [Observe your instructions.]
(10.) May they let a recusant's whole estate, and pay the ⅓, or only let 2/3, and the recusant keep the ⅓? [Divide the estate if you can.] [1 sheet.]
Feb. 14. Charge by Chris. Cheesman against Thos. Bateman, Edw. Jennings, and John Rusden, sub-commissioners for co. Berks.
That they did not post the estates 14 days before letting.
That they let at undervalues.
That they discouraged honest countrymen from taking them, and let them afterwards for less than these men proffered.
With note of the letting of 12 estates, and the rents. [G 146, p. 309.]
Feb. 14. Order by Capt. Ben. Mason for repayment to John Jarvis, tenant of lands in Huntspill, co. Somerset, belonging to Capt. Wm. Jarvis, delinquent, of 30l., being the half-year's rent, which Mason has received and accounted for [G 102, p. 177.] Annexing,
i. Certificate by Rich. Sherwin, auditor, that Capt. B. Mason acknowledges receipt of the said 30l. in his account. [G 102, p. 179.]
Feb. 14.
Wells.
57. County Committee for Somerset to the Committee for Compounding. We did not employ Capt. [John] Burgess as agent, in regard of allegations against him which render him unfit for employment. We desire your approbation of those agents chosen by us, whom we have used since our employment. [¾ page.] Enclosing,
58. i. Alex. Pyne, John Pyne, and 9 other Militia Commissioners, to the Committee for Sequestrations, co. Somerset. We have received informations on oath that John Burgess, formerly agent for sequestrations, is so dangerous in his actions and disaffection to government, that we conceive he ought not to be employed in any public service. If this is intended, we are resolved to prevent it, and so to proceed against him as to preserve the peace of this county. We give you notice to prevent all inconveniences, and have hinted the substance hereof to Major-General Desborough, justice of the peace for the West. Somerton, Feb. 12, 1651. [1 page.]
Feb. 15.
Huntingdon.
59. County Committee for Hunts to the Committee for Compounding. We nominate Lewis Phillipps of Brampton, attorney, as steward for keeping courts upon sequestered manors, and desire you to expedite his commission, on account of the court to be held upon Sir Fras. Mannock's manor at Gransden Magna. Noted that he was appointed. [2/3 page.]
Feb. 16.
Northampton.
60. County Committee for Northamptonshire to the Committee for Compounding. We have no desire to delay our accounts or whatever may serve the State; we send a copy of the compositions made for estates last year, with a catalogue of all persons under sequestration here, with their residence and title. Some of us would have attended you before now with our last year's account (having paid in the money we had received according to your order), but we were taken up with the surveying of estates for which we had treated with tenants for 7 years' leases. Last week we finished that of Lord Brudenell. We find the Manor House and farm houses in good repair, and have covenanted for their continuance in repair. Let Stubb Close in Glapthorn, rent 7l., be added to our particulars. One of us will attend you to perfect our accounts by the time limited. [1 page.] Enclosing,
60. i. List of 21 Papists and delinquents in co. Northampton, now under sequestration. [¾ page.]
Feb. 17.
Newcastle.
61. County Committee for Northumberland to the Committee for Compounding. We have received several orders from you for allowing 1/5 to delinquents' wives and children; but as wives married since the sequestration, and children brought up in the Popish religion are not to have the benefit of the said allowance, we beg further directions. You say that the contracts made in other counties are not allowed because a survey had not been taken, nor the acts or instructions pursued; we have endeavoured to follow the rules with all care, and what lands have been let by us are upon such considerable valuations as few of them have been let at formerly. [¾ page.]
Feb. Committee for Compounding to the County Committee for Northumberland. You are to follow your instructions as to fifths, though orders may have been obtained from us on mis-information. [G 30, p. 309.]
Feb. 18. Order by the Committee for Compounding, discharging the County Committee of co. Berks from the information given in against them by Christopher Cheesman, that they have not posted estates, and have taken less bids than were offered, because the persons who offered the larger sums were not responsible men, and the estates are let at a valuable clear yearly sum. [G 14, p. 13.]
Feb. 19. Order of the Committee for Compounding that any motion against any commissioner or other officer be not admitted without oath made. [G 36, p. 149.]
Order that none of the commissioners present any petition to be read before it come in course, but that those that are received be delivered to the registrar; Mr. Molins to take care that they are filed and numbered as they come in, and so read and answered.
In the debate of any cause, the major part of the commissioners who are in the affirmative to be noted, if those in the negative desire it, that all the commissioners may sign the orders, whether negative or affirmative.
The defendant to give notice to the prosecutor 3 days before any motion for discharge, that he may attend and be heard before any order is made. [G 13, p. 38.]
Order that a list be made of all who were to settle impropriations, to be compared with the book returned by Mr. Rich, and that the estates of all who have not made the settlements be forthwith sequestered. [G 12, p. 134.]
Feb. 19. Committee for Compounding to Ald. Allen, treasurer-at-war. Please to make order for return of 1,000l. from co. Stafford, which is ready to be sent up. [G 14, p. 15.]
Feb. 21. Order in the Committee for Compounding that Aud. Sherwin prepare his exceptions to the account of Mr. Dalby, late treasurer for the committee of co. Rutland, to be heard on Tuesday. [G 14, p. 23.]
Feb. 21.
Salop.
County Committee for Salop to the Committee for Compounding. Though we have long since posted up the estates in the nearest market towns, few appear to take them. These bid the full worth for 7 years' leases, and tender good security. We beg your approval. [G 165, p. 539.] Enclosing,
i. Notes of contracts for farms or houses on six estates named. [G 165, pp. 541, 542.]
Feb. 22.
Preston.
62. County Committee for Lancashire to the Committee for Compounding. As we have not received any answer to former letters sent, we enclose copies, and desire a speedy answer. Notes of cases. As to Col. Standish, we further offer to your consideration the 4th particular of the ordinance of Parliament of 9 Aug. 1648.
Besides the money paid into your treasury by Peter Ambrose, for which we have received no acquittance, we have received 1,650l. since 24 June last, which will be paid on 10 March next. We seriously importune you to employ some of your own officers to solicit a dispatch from you of such business as we send up, and inform us who they are, that we may know whom to address.
We have made large progress in letting estates, and are still upon it. Several tenants of the Earl of Derby have petitioned for timber for reparations, according to custom. May it be allowed? [1 page.]
Feb. 26. 63. Order by the Committee for Compounding, that all orders heretofore made by them for stay of rents belonging to any delinquent or recusant in the tenants' hands be made void (other than for seizing and securing before conviction of recusancy or delinquency), and that the commissioners for sequestrations in the several counties receive such rents; if any are unduly received, they are to be paid back to those to whom they belong, and the several treasurers for sequestrations to be responsible for the same. [Printed; 4 MS. signatures, 1 page.]
Order that for 8 days after next Friday, the Committee will hear no private business, but set fines and 20th parts, and confirm fines. [G 13, p. 38.]
Order that 600 trees on Dalby lordship, and 1,000 on Carradon lordship, co. Leicester, sequestered for the delinquency of the Duke of Buckingham, certified to be worth 2,800l., be felled and sold for the Commonwealth, care being taken not to deface any seats or walks.
Order on a Parliament order of 25 Feb. 1651—for paying to Lieut. [John] Mansell the balance of 620l. due for arrears, and 70l. for the Duke of Hamilton's diet during imprisonment, ordered him from sequestrations in co. Leicester,— that he shall account with the auditor, that Col. Wayte shall certify what he knows, and then Aud. Sherwin is to report. [G 14, pp. 29, 30.]
Feb. 26. Note that Mansell is sworn to answer such questions as Aud. Sherwin shall propose about his account. [G 104, p. 47.]
Feb. 26. Report of Rich. Sherwin that the sum due to him is 587l. 12s. 6d., he having only received 102l. 7s. 6d. [G 104, p. 45.]
Feb. 26. Petition of Chris. Cheesman to the Committee for Compounding. Appealed against the Commissioners of co. Berks, not from sinister motives, but only in discharge of his duty. Might have received many sums to connive with them, but refused, though in great necessity, being 400l. in arrears for Parliamentary service, and 40l. for service in Berkshire. Begs an order, being now in the town, to receive 12l. of the Goldsmiths' Hall treasurers, in part of the said 40l., and not to be allowed to suffer for his service. [G 74, p. 267.]
Feb. 26.
Durham.
64. County Committee for Durham to the Committee for Compounding. Complaint is made against us that we have received the fee-farm rents issuing out of sequestered estates, which ought to be received and paid another way. We have not denied the payment of any such rents, save that out of the lordship of Barnes, there is a fee-farm rent of 83l. with three years' arrears, a great part whereof was due before sequestration, and ought to have been paid by the delinquent. For one half year's rent received, should we satisfy this arrear ? especially as we hear that the estate is about to be compounded for, and this will set it free of all its old debts, for the compounder's benefit and the State's prejudice. We desire your speedy resolution. If any such charges be made against us, wherein we act justly, we should be vindicated and not blamed. [¾ page.]
Feb. 27. Order of the Committee for Compounding, that they will hear no motions at the bar until the substance be lodged in writing, entered in a book, numbered, and filed, with the last order, if any there be, annexed.
Each petition or motion to be heard in course as numbered, Parliament men, in their own proper cases, to excepted.
All orders to show cause to be entered in a paper of the day, and called on first on the day on which the cause is to be shewn.
Some petitions are to be answered without motions of counsel, viz.:—
1. For compounding where the party says he was never sequestered.
2. For examining or cross-examining witnesses.
3. For referring titles to counsel.
4. For publication, unless cause be shown to the contrary in 14 days.
5. For 1/5 to wives and children. [G 13, p. 38.]
Feb. 27. 65. Committee for Compounding to [the county committees]. We formerly sent you instructions, to which we have from time to time added further necessary particulars, which if they had been perused with due consideration, would have eased you of much trouble in frequent writing letters to us for satisfaction, in things very plainly resolved in the said instructions.
We have now caused the same to be reduced into better order, and explained the more obsolete particulars; we desire you carefully and frequently to peruse them, and in case of scruple, to have recourse to them before writing to us, and to make them the rule of your proceedings. We likewise desire you, before or about 25 March next, to keep courts upon all sequestered estates where courts are to be kept, that estates expired, or desired to be renewed, may be let and disposed of to the best advantage. [Printed and signed, 1 page; also G 14, p. 34.]
Feb. 27. 66. Instructions by the Committee for Compounding to the County Committees, according to the Act of 25 Jan. 1650.
Feb. 27. The following sections of these instructions correspond with those dated 5 Feb., 20 May, June?, and 30 Aug. 1650, and calendared respectively on pp. 170, 171, 229–230, 263, and 301, viz.:—
1–3, correspond verbatim with 1–3, pp. 170, 171
6 " " " 10, p. 230
8 " " " 2, p. 229
10 " " " 20, p. 230
14 " " " 11, p. 171
15 " " " 9, p. 171
16 " " " 41, p. 263
17 " " " 18, p. 230
20 " " " 12, p. 171
21 " " " 13, p. 171
22 " " " 14, p. 230
23 " " " 15, p. 230
28 " " " 5, p. 230
31 " " " 48, p. 263
36 " " " 19, p. 230
37 " " " 39, p. 263
38 " " " 9, p. 230
39 " " " 4, p. 229
44 " " " 8, p. 171
Sec. 4 contains the following enlargement of Sec. 5, p. 171. You are to seize and secure the estates of any persons formerly sequestered, but discharged by any other than the late Committee for Compounding, or Committee for Sequestrations, or Barons of Exchequer, till they plead their discharge to us, and have allowance thereof. You are to take care not to mistake a suspension for a discharge, for all such orders are void, unless the discharge has been on a full hearing, and expressed to be absolute, and to acquit the party of the charge against him. If you find cause of seizure or sequestration against any who have estates in other counties, you are to certify what you have against them to the committees of sequestrations in those counties.
S.9 contains the following enlargement of S.45, p. 263.
You are to seize and secure the estates of all delinquents, whether they have compounded or not, if they are beyond the seas.
Sec. 11 adds to Sec. 17, p. 230, as follows:—
If particulars of estates compounded for are not filed with the said committees, you are to certify us, and we will provide them.
Sec. 18 contains the following amendment of Sec. 10, p. 171.
The arrears due and received since 20 Dec. 1649.
Sec. 19 prefixes the following instructions to Sec. 18, p. 229 of the former instructions. You are to call for the accounts of all former treasurers, solicitors, sequestrators, collectors, or other officers, a duplicate of which you are to transmit to us, with your exceptions and surcharges. In cases of refusal or neglect, you are to levy the penalty of 20l. imposed by the Act of 25 Jan. 1650, and to certify the names of defaulters to us.
Sec. 25 is identical with the instruction dated 30 Aug. 1650, p. 301.
Sec. 29 combines Sec. 11 of the former instructions, p. 230, with the following amendment of Sec. 43, p. 263.
Where you find any charge on a sequestered estate allowed of by the Committee for Sequestrations, Barons of Exchequer, or other authorised persons, you are to seize and secure the estate, and certify the whole matter to us.
Sec. 30 is an amendment of Sec. 17, p. 171; it provides that obedience is to be paid to orders of the Barons of Exchequer only in cases depending before them before Dec. 20, 1649.
Sec. 33 is an amendment of Sec. 46 and 44 of the former instructions, p. 263.
You are to inquire whether the wife claiming the fifth was married before the delinquency, and whether she or the children be living, and not beyond seas. If married after delinquency, she is not to receive it. If the suitors for the said allowance are not in England, or elsewhere within the obedience of Parliament, they are not to receive it. You are to take proof where you pay it that the parties are living, and under the obedience of the Parliament.
Feb. 27. Sec. 42 is 16, p. 230, and Sec. 42, p. 263, of the former instructions, enlarged by the following provision:—
Where copy holds for lives are expired, you are, before keeping your courts, to post the same, and any desirous to be tenants may bid for these as for other estates.
Sec. 45 is an amendment of Sec. 40, p. 263, to the effect that the accused party is to have the heads of the charge against him, and liberty to examine and crossexamine witnesses. You are to return us a certificate of your proceedings.
The following are new instructions:—
Sec. 5. You are to inquire who not already sequestered are liable to sequestration, and finding on the deposition of two witnesses sufficient cause, you are to seize and secure the estates of the accused, and certify the proofs to us. If any summoned by you refuse to appear, you are to compel attendance by the powers vested in you by the votes of Parliament of 8 Aug. 1650, and if the accused do not within 3 months after the seizure produce his discharge, or some order from us to the contrary, you are to sequester his estate and dispose of it.
7. You are to inquire if any Papist-delinquents that assisted the enemy in the late war have compounded, or by any other means had the sequestration of their estates taken off, and certify us how and when the same was compounded for or discharged. You are to seize and secure their estates till further order.
12. You are to take notice in all discharges or suspensions, whether the parties be members of parliament, clergymen, counsellors, attorneys, doctors, or proctors, all of whom are to be fined at a third.
13. In paying augmentations to ministers on the Act of 31 May last, you are to pay them only out of impropriate rectories or tithes under sequestration, and allow no further than those will extend to. No arrears are to be paid without certificate from the former treasurer of the time of the last payment, nor without the oath of the minister that he has received no part of what he demands from other hands. The certificate, oath, and acquittance of the minister to be kept, and produced to us at the giving up of accounts.
24. In all contracts and leases of sequestered estates, you are to take care that the tenants be tied to as strict covenants in all respects as particular landlords lay on their tenants, according to the custom of your respective counties. You are to treat with those tenants only who will give the best rent for seven years or under, and to take care to make all leases under seal.
26. You are not to let any estate worth more than 20l. a year for longer than one year, until you have certified us of your survey of it, and that it was posted according the instructions of 30 Aug. 1650. Every farm or manor is to be leased by itself; and you are to certify the value you have rated it at, what it was formerly let for, the name of the highest bidder, and the amount he bids, when you will receive a confirmation from us. All leases let contrary to this instrucction will be void.
27. The value of all underwoods on sequestered estates of full growth and fit for sale is to be certified to us.
32. A fifth is to be allowed to the wives and children of delinquents, all charges and out-rents, taxes, and assessments being deducted. Rectories, &c., though granted for augmentations to ministers, to bear the proportionable share of the fifths.
34. Together with the returns of contracts, you are to certify what is paid out of every estate for the fifths, and the names and number of persons thereby benefited.
35. You are to allow of no claim to an annuity or rent-charge till you receive order from us. On the death of any person who has any jointure, annuity, or rent-charge, you are to give us notice, and stop the said rent till further order.
40. You are to take notice how letters are addressed to you, and to return answers accordingly, we sitting under a double capacity, viz., as Committee for Advance of Money and as Committee for Compounding.
41. You are to certify every case distinctly by itself, not intermixing one with another in your letters, nor transmitting depositions intermixed.
43. You are to certify us what courts are to be kept on any of the sequestered estates, and what copyholds are to be granted at such courts, with the probable amount of profit thereby.
46. You are to take care not to allow sheriffs to distrain the tenants of the Commonwealth for rent till allowed by us; and not to suffer any lease of ejectment to be sealed on any sequestered estate.
47. You are not to give copies of certificates or depositions to any Papist or delinquent, so as to inform them beforehand, and lead them to produce false witnesses; and whenever delinquents desire to cross-examine witnesses of the Commonwealth, you are to make strict enquiry whether they have been previously tampered with. You are not to send any certificates or proofs to us by the parties themselves.
On receipt of any order to which you have cause of exception, you are to suspend all proceedings till you receive further orders, although there should not be any such clause inserted in the order as this, viz., unless you shew cause to the contrary. [Printed, 9½ pages.]
[Feb. 27.] 67. Notes, partly by Reading, relating to the above instructions. [½ page.]
[Feb. 27.] Petition of the Committee for Compounding to Parliament, for directions touching doubts and obstructions in the service, often desired, but not obtained on account of other pressing affairs, whereby the service is much retarded. They present particulars of the chief of those formerly offered, and beg speedy consideration. [G 63, p. 747.]
Feb. 27. Committee for Compounding to [John] Sadler, town clerk of London. We have often to certify in cases of charges on recusants' estates, for which the creditors beg allowance, but we cannot give judgment till we know whether the parties were convicted, and at what time. It will be most for your ease and ours to give us a list of all convicted or indicted of recusancy in your records, and a brief of proceedings, which we hope you will cheerfully return in 28 days. [G 14, p. 32.]
Feb. 27.
Carmarthen.
68. John Hughes, sen., one of the Committee for Sequestrations for South Wales, to the Committee for Compounding. Last December, Wm. Rutland, our agent, coming to London, undertook to pay in 200l.; but not receiving according to expectation, could only pay 100l.; his not returning until the middle of January has been a hindrance to me about sending the other 100l.; the Governor of Carmarthen being then in London, I wrote desiring him to procure the payment of so much, but he was facing homewards ere my letter came. The money is now in sending by sea to Bristol, directed to Geo. Hart, one of the sheriffs there, and I hope will come safely.
As to your order against Henry Middleton, John Vaughan, John Lloyd, and others, we shall be presently acting therein, but they intend to get off without payment of one penny, and to improve their friends to the uttermost therein. If Parliament knew them as well as the few well affected in these parts do, and how they acted in the late King's behalf, no friends would be suffered to put in the least motion for them.
We cannot meddle with any of the business in Pembrokeshire on account of the plague. Rowland Gwynn lately submitted to us, and we hope from henceforth to find him willing to clear his charge of being engaged to the late Earl of Worcester, and Major Franklin and myself have given him our certificate to you upon his submission. My friend and fellow sufferer, now your clerk, John Battman, will give you a true certificate of my three gentle countrymen before named, and I trust the most wise, religious, and honourable state of the Commonwealth will not be deceived by such known adversaries. [1 page.]
Feb. 28.
Cirencerster
69. County Committee for Gloucestershire to the Committee for Compounding. We have surveyed the estates of Lord Down, Sir Henry Frederick Thynne, and Wm. Sheldon, and finding 200l. may be made by the sale of wood out of them, we desire orders, or the time will have passed for felling and selling timber for this year.
We also require instructions concerning the rents of Benedict Hall, the Earl of Worcester, and Lady Somerset, which you have ordered to be continued in the tenants' hands. Some of the tenants being dead, the money is growing desperate, and the estates are now to be let. We also want appointment of a steward and clerk. With marginal notes of reply, 18 March, that the wood is to be sold, but they should have certified the acreage and price. The rents named are to be received. Wm. Window has his commission as steward. [1 page; also G 30, p. 153.]
Feb. County Committee for Kent to the Committee for Compounding. In examining witnesses on your order for discoveries, one of them, Chris. Pearce, told us of the undue carriage of Rob. Deane, a prosecutor. There are rumours of many more of this nature here. These carriages of prosecutors are looked on in the country as very dishonourable to Parliament, and are sadly resented by honest people; if they are not stopped, it will be dangerous, by opening the mouths of those who are ready enough to asperse Parliament, beside the odium it brings on those entrusted about sequestration. Noted that the committee should be speedily acquainted with Deane's miscarriage. [G 158, p. 83.] Annexing,
i. Deposition of Chris. Pearce, of Ulcomb, that he paid Deane 15s. on demand, to induce him to stop proceedings which he said were threatened against Pearce for being in the late Kent insurrection, 26 Feb. 1651. [G 158, p. 87.]
ii. Bond of Rob. Deane, citizen of London, in 5l., that Thos. Jeffry, of Staidfield, shall not be proceeded against as a delinquent1 Feb. 1651. [G 158, p. 85.]
iii. Deposition of John Gates, of Oure, that Deane engaged him to pay 10s. to himself and 30s. to Geo. Steed, saddler of Sittingbourne, before whom Gates was summoned, in order to avoid sequestration, 1 March 1651. [G 158, p. 86.]
Feb.
Kendal.
70. County Committee for Westmoreland, to the Committee for Compounding. We have sent up John Archer, our treasurer, to pass the accounts for the year. The half-year's rent due at Michaelmas was ready, and we desired your order about the sending it up, as we could not get any sent by way of return, and did not like to hazard it by the carrier; so you ordered it to remain in our hands, and as we cannot get it safely conveyed, we are forced to stay it here.
We have caused courts to be kept within several sequestered manors, and received verdicts, and find a considerable sum may be raised from general and particular fines. We desired direction as they were arbitrable, and also as to the manner of granting copies to the new tenants; but as we have received none, we have suspended further acting, and have directed Mr. Archer to solicit your advice.
The demesne of Rydal in this county being in contest, and the title in dispute, was farmed out for the last year for 2,000l. to John Harland, merely to keep the possession, to corroborate the title of the present occupier, but we could never get any security for payment of the money. Edw. Wilson, a member of the late committee, in a time of exigency sent them 60l. for the public service, 41l. whereof was unpaid till of late, when on his petition we allowed it out of a rent of a sequestered estate which he farms, and desire it may pass in our accounts. [1½ pages.]
Feb. Wm. King [agent for co. Salop, to the Committee for Compounding]. On 17 May 1650, 320l. was paid to Wm. Kinnersley for Rich. Bagot, draper of Shrewsbury, for the State's use, for which, on 17 July 1650, Bagot gave bills of exchange to be paid into the Goldsmiths' Hall treasury. [G 96, p. 314.] Annexing,
i., ii., iii. Depositions in proof thereof by Step. Spencer, and two others, with notes of King's accounts. 11 and 27 Feb. 1651. [G 96, pp. 315, 320.]
March 3.
Cirencester.
71. County Committee for Gloucester to the Committee for Compounding. We conceive Richard Hancock to be a very fit and able man to act as our agent in the room of Mr. Rogers, whom you have displaced. With marginal note for a commission to be granted him. [¾ page.]