Journal of the House of Commons: Volume 7, 1651-1660. Originally published by His Majesty's Stationery Office, London, 1802.
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Tuesday, the 20th of September, 1659.
Windsor poor Knights.
ORDERED, That it be referred to a Committee, to look into the Revenue for Maintenance of the poor Knights of Windsor; to examine, What the present Revenue is; and what it will be for the future, after Leases expired; and state it; and report it to this House: And also to see, that the charitable Uses to which the said Revenue was granted, be performed; and that the Residue of that Revenue be answered to the Use of the Commonwealth: And to examine, What Leases have been made of the said Revenue; and what Fines paid thereupon; and how disposed of; and by what Authority: With Power to give Relief and Allowances to the poor Knights, and other poor People there, not exceeding what they have been formerly allowed: And also to take a Catalogue of all Hospitals within this Commonwealth, and the Revenues of them; and that the respective Masters and Governors do return to that Committee the Constitution of the respective Hospitals; and how the Profits thereof have been, and are disposed of, and by what Authority, after the First Day of December 1659: And that the whole Matter be reported to this House: Viz. Mr. Robinson, Lord Whitlock, Sir Arthur Hesilrig, Colonel Martin, Mr. Ash, Mr. Nevill, Mr. Nelthrope, Sir John Bourchier, Lord Strickland, Mr. Oldsworth, Earl of Salisbury, Colonel Walton, Mr. Robert Goodwin, Colonel Rich, Colonel Dove, Colonel Sydenham, Sir Henry Vane, Colonel Downes, Mr. Love, Sir Wm. Strickland, Mr. John Goodwin, Mr. Dunch, Mr. Challoner, Major Salwey, Mr. Holland, Mr. Skynner, Sir Tho. Wroth, Alderman Pennington, Lieutenant-General Fleetwood; or any Three of them: And are to meet this Afternoon, in the Court of Wards: With Power to sit de die in diem: And that Mr. Love take care of this Business.
Ordered, That all Masters and Governors of Hospitals be, and are hereby, prohibited to grant or renew any Leases of any Lands, Tenements, or Hereditaments belonging unto any of the said respective Hospitals, until this House take further Order.
Ordered, That this Order be forthwith printed and published.
Ordered, That it be referred to the Council of State, to take care, that this Order be sent to the Sheriffs and Justices of Peace of the respective Counties within this Commonwealth; to give Notice thereof to the respective Master and Governors of the respective Hospitals within the said respective Counties.
Court's, &c. Petition.
The humble Petition of John Court Mariner, Katherine Swanton, the Relict of Peter Swanton Mariner, deceased, and of Benjamin Marey, Ship Carpenter, was read.
Ordered, That this Petition be referred to the Commissioners of the Admiralty, to take care of the Petitioners; and see Repayment made to the Petitioners, of the several Sums of Money disbursed by them for their Redemption, as is desired by the Petition.
Colonel Downes reports from the Committee for Inspections of the Treasuries, That, by Ordinance of Parliament of the One-and-twentieth of February 1644, Samuel Avery, Richard Bateman, Charles Lloyd, Christofer Pack, and Walter Boothby, were appointed joint Commissioners and Collectors of the Customs; and it was thereby ordained, That the Monies paid into the Receipt of the Customs should be issued out only by Order of the Commons House, or by Order of Five of the Committee for the Navy, Sitting the Committee: And for the better Management of the Receipt, the said Commissioners were to observe such Orders and Directions as they should from time to time receive from the said Committee.
In their Accompt, ended the One-and-twentieth of July 1649, there was found the Sum of Two-and-twenty thousand Two hundred Forty-six Pounds Seven Shillings and Ten-pence due to the Commonwealth.
Alderman Pack, Mr. Lloyd, and Mr. Boothby, pretend themselves to be discharged from the said Sum, because the then Committee of the Navy (as they allege) appointed Treasurers for the Receipt of those Monies; and also, that they have a Quietus, grounded upon a Pardon.
But, upon Examination, this Committee find, that the Committee of the Navy had no Power to lessen the State's Security; nor did they attempt the same, but only gave Rules for the better and more orderly Management of the Receipt; and did neither appoint, nor approve of, those Treasurers.
Also, it appears to this Committee, That, after the said Commissioners had amongst themselves agreed to make Two of themselves Treasurers, that then there were Articles of Agreement betwixt all the said Commissioners and Treasurers, for their mutual Indemnity against each other:
This Committee are therefore of Opinion, That all the said Commissioners are liable, jointly and severally, to the State, to pay the said Sum of Twenty-two thousand Two hundred Forty-six Pounds Seven Shillings Tenpence: Which they humbly submit to the Judgment of the Parliament.
The First and Third Articles, in certain Articles of Agreement quinquepartite, made the 29th of July, 21° Car. between Samuell Avery, of London, Alderman, of the First Part; Richard Bateman, of London, Merchant, on the Second Part; Charles Lloyd, of London, Merchant, on the Third Part; Christopher Pack, of London, Merchant, on the Fourth Part; and Walter Boothby, of London, Merchant, on the Fifth Part; were read.
The humble Petition of Christopher Pack Alderman' Charles Lloyd and Walter Boothby, of the City of London, Esquires, was read.
The Question being propounded, That Samuell Avery, Richard Bateman, Charles Lloyd, Christofer Pack, and Walter Boothby, Commissioners and Collectors of the Customs, are, upon the whole Matter, liable, jointly and severally, to accompt, as well in Law, as in Equity, for the Monies which they received as Commissioners and Collectors of the Customs;
And the Question being put, That this Question be now put;
It passed with the Affirmative.
And the main Question being put; It was
Resolved, That Samuell Avery, Richard Bateman, Charles Lloyd, Christopher Pack, and Walter Boothby, Commissioners and Collectors of the Customs, are, upon the whole Matter, liable, jointly and severally, to accompt, as well in Law, as in Equity, for the Monies which they received as Commissioners and Collectors of the Customs.
Resolved, That Samuell Avery, Richard Bateman, Charles Lloyd, Christopher Pack, and Walter Boothby, do, at or before the First Day of November 1659, pay in to the Receipt of the Publick Exchequer, the Sum of Twenty-two thousand Two hundred Forty-six Pounds Seven Shillings Tenpence.
Ordered, That if the Money be brought in by the said Samuell Avery, Richard Bateman, Charles Lloyd, Christopher Pack, and Walter Boothby, at or before the said First of November 1659, they shall have the Benefit reserved to them of being heard, touching any Mistakes in their said Accompts.
Ordered, That the counterfeit Orders and Receipts, pretended to have been under the Hand of Sir Henry Vane, in relation to the said Commissioners Accompt, be brought in to be cancelled, and made void: And that Colonel Downes do bring them in: And that the same be cancelled and made void, accordingly.
The humble Petition of John Ayton, a poor condemned Prisoner in Newgate in the City of Bristoll, was read.
Ordered, That the said John Ayton be, and is hereby, reprieved from Execution; and, is hereby fully pardoned, for his Offence for stealing an Horse, for which he stands condemned: And the Sheriff, and all others whom it doth or may concern, are required to forbear to do Execution accordingly.
The House being informed, that divers Officers of the Army were at Door;
They were called in: And, being come up to the Clerk's Table, in usual Manner, Mr. Speaker acquainted them with the great Trust reposed in them; and that the Parliament expected Faithfulness and Obedience from them to the Parliament and Commonwealth: And thereupon delivered them their Commissions; viz.
To Captain Robert Glynn, his Commission to be Captain of a Company in Colonel Cobbett's Regiment:
To Serjeant-Major Robert Cobbett, his Commission to be Serjeant-Major of that Regiment:
To Captain Roger Jones; To Captain Walter Brockett; To Captain Rice Jones-their Commissions to be Captains of Companies in the same Regiment:
To Anthony Nowers, his Commission to be Lieutenant of a Troop of Horse, in Colonel George Menck his Regiment of Horse:
To Lieutenant Christofer Keymer, his Commission to be Lieutenant of a Troop in the said Regiment:
To Cornet Richard Shepheard; To Cornet Henry Smales; To Cornet Edward Austin; To Cornet James Hornigold-their Commissions to be Cornets of Troops, in Colonel Monck's Regiment:
To Quarter-master Edward Crispe, his Commission to be Quarter-master of a Troop in the same Regiment.