Journal of the House of Commons: Volume 7, 1651-1660. Originally published by His Majesty's Stationery Office, London, 1802.
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Friday, the 26th of September, 1651.
Sitting of this Parliament.
ORDERED, by the Parliament, That the Lord General, Sir Henry Vane, Colonel Marten, Major Salwey, be added to the Committee for the bringing in the Bill for setting a certain Time for the Sitting of this Parliament, &c. and all that come to have Voices.
Surplus of Supply.
Sir Henry Vane reports, from the Council of State, That, in regard the 20,000£. charged, by Vote of Parliament of the Fifth of August 1651, upon the Receipt of Goldsmiths-hall, for the Pay of the 4,000 Foot, left to this Council to take into Pay for Three Months, will not be wholly expended for that Service, by reason of the disbanding of those Forces: That it is the humble Opinion of this Council, that the Remainder of the said 20,000£. may be ordered to be issued by the Treasurers at Wars, for Provision for the Scotts Prisoners, and other emergent Occasions of the Commonwealth, according to such Order as shall, from time to time, be issued from this Council for that Purpose.
Resolved, by the Parliament, That the Remainder of the 20,000£. charged by Vote of Parliament of the Fifth of August 1651, upon the Receipts of Goldsmiths-Hall, for the Pay of the 4,000 Foot left to the Council of State to take into Pay for Three Months, be issued by the Treasurers at War, for Provision for the Scottish Prisoners, and other emergent Occasions of the Commonwealth; according to such Order as shall, from time to time, be issued from the Council of State for that Purpose.
Act of Navigation.
Mr. Bond reports from the Committee, Amendments to the Bill for Increase of Shipping, and Encouragement of the Navigation of this Nation: Which were twice read, and agreed; and the Bill, so amended, ordered to be ingrossed.
Mr. Bond reports an Act for continuing the Act, intituled, An Act for the Advance and Regulating the Trade of this Commonwealth, bearing Date August the First 1650: Which was this Day read the first and second time.
Resolved, That the Time for Continuance of this Act, be till the last of December 1651.
Resolved, That these Words, in the Title and Body of the Act; viz. "bearing Date August the First 1650," be omitted.
Resolved, That Major-General Deane, be added to the Committee for Trade.
And the said Act, so amended, being put to the Question, passed.
Resolved, That it be referred to the Council of State, to consider of fit Persons to be sent as Commissioners into Scotland; and the Number of them: And, likewise, of Instructions to be given unto them, for the Managing of the Civil Government, and settling Affairs there, as may be best for the Advantage of this Commonwealth: And that they report the same to the House on Thursday next.
Mr. Nevill reports from the Committee for removing Obstructions in Sale of Delinquents Estates,
That, by the Act, intituled, An Act for Sale of several Lands and Estates forfeited to the Commonwealth for Treason, all the Manors, Lands, Tenements, and Hereditaments, with the Appurtenances, which Sir John Stowell, and other the Persons named in the Act, were seized or possessed of in Possession, Reversion, or Remainder, on the Twentieth Day of May 1642, or, at any Time since, and all Rights of Entry, &c. are vested &c. and are in the real and actual Possession and Seisin of Wm. Skinner Esq; and others, Trustees named in the said Act.
There is a Saving in the Act, To all and every Person and Persons, Bodies Politick and Corporate, other than the said Sir John Stowell, and other the said excepted Persons, and all others claiming under them, or in Trust for them, since the Twentieth of May 1642, of all such Estates, Interests, Rents, Incumbrances, Charges, Rights in Law or Equity, which they, or any of them, had, or ought to have had, in or to the said Lands, before the said Twentieth of May 1642.
It is provided in the Act, that all and every Person or Persons, having any Estate, Right, Title, or Interest in any of the Lands by the Act intended or mentioned to be put to Sale; or, that hath any Statutes, Judgment, Recognizance, or Rent, unto which such Lands are liable; and shall make it appear unto the Committee, in the Act named, that such Estate, Statute, Judgment, Recognizance, or Rent, were, without Fraud, and for good and valuable Considerations, had, made, and acknowledged, before any Treason respectively committed by any of the Traitors in the Act named; and shall obtain an Allowance thereof, by the said Committee, before the Twenty-ninth of September 1651; That then the same shall be good and effectual to such Person or Persons &c. any thing in this Act to the contrary notwithstanding.
There are several Claims put into the Committee for removing of Obstructions, to have Allowance of several Estates of good Value out of the Lands of several of the Traitors in the Act, by Deed or Conveyance made since 20 Maii 1642, some in 1648, within few Months of their open Rebellion and acting against the Parliament: So that the secret Actings of their Treasons subsequent must probably fall within the Time of such Grants:
It is the Opinion of this Committee, that this Case be reported to the Parliament; and the Judgment of the House desired upon the Case.
Resolved, by the Parliament, That the Committee for Obstructions in Sale of Delinquents Estates, do report to the House all such particular Cases as shall be before them upon Incumbrances on the Estates of Delinquents exposed to Sale, made since the Twentieth of May 1642; and within this Proviso: And that the same shall be no Prejudice to the Persons concerned, in the mean time; their Claim being put in to that Committee before the Twenty-ninth of September.
Mr. Say reports from the same Committee.
WHEREAS the Claims which are come into the Committee, upon the Act of the Sixteenth of July 1651, for Sale of several Lands and Estates forfeited to the Commonwealth for Treason, are very numerous, and the Interest therein cannot be stated by the Council for the Commonwealth before the Twenty-ninth of September: Upon Consideration had therein,
That it be reported to the Parliament, as the Opinion of this Committee, that there be a longer Time set for the bringing in of such Claims as are to be made and allowed of by the Committee for removing Obstructions before the Twenty-ninth of September 1651.
That it be reported to the Parliament, as the Opinion of this Committee, that any Three of the Committee for removing Obstructions in the Sale of Delinquents Estates, be a Quorum, to give Oath to such Person or Persons as come in to give Testimony for the making good of Claims out of Delinquents Estates forfeited for Treason.
And, upon Consideration had of the Proposals and Desires of the Trustees for Sale of Delinquents Estates, in reference to the Sum of 2,850£. for One Month's Advance for the present setting forth of the Surveyors; That it be reported to the Parliament, as the Opinion of this Committee, that the Sum of 1,000£. be issued forth for the carrying on of the said Service: And the House desired to declare out of what Treasury the same shall be paid.
Resolved, by the Parliament, That any Three of the Committee for removing Obstructions in the Sale of the Estates forfeited to the Commonwealth for Treason, have Power, notwithstanding that Act, to give an Oath.
Resolved, by the Parliament, That this House doth approve of the Sum of 1,000£. to be issued forth for the carrying on of the surveying the Estates of Delinquents exposed to Sale by the Act of Parliament.
Resolved, That it be referred to the Council of State, to give Order for Payment of the said 1,000£. for this Service, accordingly.
Act of Oblivion.
Ordered, That the Amendments to the Act of General Pardon and Oblivion be brought in this Day Seven-night.
Ordered, That the Lord Commissioner Lisle do bring in the Act touching Scotland on Tuesday Morning next.
Mr. Scott reports an Act for setting apart the Twentyfourth Day of October, for a Day of publick Thanksgiving; with a Narrative, declaring the Grounds and Reasons thereof: Which was this Day read the third time.
And the Question being put, That this Act and Narrative, so amended, be ingrossed;
It passed with the Negative.
And the said Narrative and Act, so amended, being put to the Question, passed.
And it is Ordered, That it be referred to the Lord General, Mr. Scott, Major Salwey, and Lieutenant-General Fleetwood, or any Two of them, to take Care of printing and publishing the said Act and Narrative; and sending the same into the respective Counties, Cities, and Places, accordingly.