House of Commons Journal Volume 7: 20 August 1651

Wednesday, the 20th of August, 1651.

Prayers.

Army Affairs.

COL. Purefoy reports from the Council of State, That Mr. John Cleypoole may be authorized to raise a Troop of Horse of such as shall come voluntarily in unto him in the Counties of Northampton and Lincoln, or elsewhere; and that they may be paid according to the Establishment of the Army.

Public Fast.

Ordered, by the Parliament, That Friday next be set apart for a Day of Humiliation, to be observed by the Parliament in Margaret's Church at Westminster, to seek unto the Lord for his Blessing upon the Counsel and Forces of the Parliament, and for Success against the Enemy now in the Land; and that Mr. Caryll and Mr. Bond be desired to preach and pray there on that Day.

St. Alban's Ministry.

Ordered, That Mr. Leman do bring in an Act for the better Maintenance of a preaching Ministry at St. Alban's, on this Day seven-night.

Delinquents Estates.

Col. Downes reports, from the Committee of the Army, The humble Proposals of the Commissioners for Compositions, in order to the opening and quickening of the Receipts at Goldsmiths-Hall; to be humbly presented to the House: Which were this Day read.

To the Right honourable the Committee of the Army.

The humble Proposals of the Commissioners for Compositions, in order to the opening and quickening of the Receipts at Goldsmiths-Hall; To be humbly presented to the House.

THE Delinquents Bill being now passed, it is humbly offered, Whether the Parliament will please to give a further Liberty to such Delinquents as are under Sequestration, and not inserted in that Bill, who have elapsed the Time of Composition given them by former Votes, to compound for their Estates at a higher Rate than formerly; viz. Those who did formerly pay Three Years Value, may now pay Four Years Value; and those who paid formerly Five Years Value, may now pay Six Years: Provided, That such of them as live within 18 Miles of London shall exhibit their Petition before the Day next ensuing; and those at a further Distance, before the Day of; and shall prosecute the Composition to Effect within Weeks after they shall so exhibit their respective Petitions; and to give Liberty to all other Delinquents not exposed to compound, according to the Rates, and within the Days, hereafter limited and expressed; viz.

1. That such as are not yet discovered, and whose Habitations are within 80 Miles of London, may be admitted to Composition at a Sixth; that is, at Three Years Value for Estates in Fee; and so proportionably for their other Estates Real and Personal, if they shall discover themselves, and exhibit their Petitions and Particulars to the Commissioners for Compositions before the Day of next ensuing; and such who are at a further Distance, before the Day of next ensuing; and shall prosecute and perfect their Compositions respectively within Days after the Exhibiting of such Petitions, as aforesaid.

2. That such who are already discovered by others, and were not under any particular Qualification, as Members of Parliament, Clergymen, or Lawyers, may be admitted to compound at the Rate of Three Years and a half for Estates in Fee; and so proportionably for their other Estates, if they shall compound before Judgment given by the Commissioners upon the Charge of Delinquency that lies against them: Provided, that such of them, whose Habitations are within 80 Miles of London, do exhibit their Petition and Particulars before the Day of next ensuing; and such who are at a further Distance, before the Day of next ensuing; and shall prosecute and perfect their Compositions within Days after they shall so exhibit their Petitions, as aforesaid; and that such of them, who shall stand out a Judgment, may be admitted to compound at the Rate of Four Years and an half for Estates in Fee; and so proportionably for their other Estates; so as, according to the Distance of their respective Habitations, they shall exhibit their Petitions and Particulars, and prosecute their Compositions to Effect, within the respective Times last before mentioned.

3. That such Delinquents who shall be hereafter discovered by any other Persons than themselves, may be admitted to compound at the Rate of Three Years and a half, if they shall compound before Judgment given: Provided also, That such of them, whose Habitations are within 80 Miles of London, shall exhibit their Petitions and Particulars within Weeks after such Discovery made; and such who are at a further Distance within Weeks after such Discovery; and shall prosecute their Compositions with Effect, within Weeks after they shall have so exhibited their Petitions, as aforesaid: And that such of them, as shall stand out a Judgment, may compound at the Rate of Four Years and a half, for Estates in Fee; and so proportionably; so as, according to the Distance of their respective Habitations, they shall exhibit their Petitions and Particulars, and prosecute their Compositions to Effect, within the respective Times last before mentioned.

4. That such Delinquents who were formerly under the Qualification of a Third, as having been Members of Parliament, Clergymen, or Lawyers, and were to pay Five Years Value for Estates in Fee, and so proportionably, may be now admitted to compound at Six Years Value for Estates in Fee; and so proportionably; if they shall, according to the Distance of their respective Habitations, exhibit their Petitions, and prosecute their Compositions to Effect, within their respective Times before limited, according to the Times of their respective Sequestrations: Provided, That the Delinquency of the said several and respective Persons before mentioned were not committed since the 30th of January 1648.

5. That such Delinquents as have been admitted to Composition, and have elapsed their Times of Payment of all or any Part of their Fines, may be admitted to pay in their said Fines, or the Remainder thereof, with Interest; so as they, whose Habitations are within 80 Miles of London, do pay the said Sum, with Interest, after the Rate of 8£. per Cent. within Weeks; and such who are at a further Distance, within Weeks after the Date hereof.

6. That such Delinquents who have formerly compounded, and have undervalued or concealed any Part of their Estates, may be admitted to compound, for such Undervalues and Concealments, at the Rates hereafter mentioned; viz. Every Person who hath formerly compounded at a Tenth Part of their Estates, shall compound at a Sixth Part for whatever hath been so undervalued or omitted: Every Person who hath formerly compounded at a Sixth, shall pay one full Third Part; and all such who formerly did compound at a Third, shall pay one full Moiety of what is so concealed or undervalued; so as the said Persons do compound for the same, and pay in the Fines thereupon to be imposed, before the Day of next ensuing, or within Weeks after the said Undervalues or Concealments shall be discovered.

7. Whereas we find, that divers Persons, who have formerly purchased, or pretended to have purchased, Estates from certain Papists, who were sequestered as Recusants only, and not as Delinquents, have, after such Purchase made, petitioned the former Committees for Compounding to admit them to fine for the Discharge of the Sequestration of the Two Third Parts, which were seized for their Recusancy; and that the said Committee have, upon such Petitions, accepted of Fines accordingly, altho' they had no written Rule in that Case from the Parliament, and, upon the Payment of such Fines, discharged the said Estates; many of whose Cases have been reported to the House, and then confirmed; and that some Persons in that Condition who have paid Fines, and obtained thereupon Suspensions of the Sequestration from the said Committee, have not had their Cases reported, and do now make Application to us for their Discharges:

We humbly desire the Resolution of the Parliament, what we shall do in such Cases; and, whether the Sequestration shall stand suspended, and be discharged; or, what Course we shall take therein.

8. That Discoverers may have a Fifth Part of such Discoveries as they have made since the 8th of August 1650, or shall hereafter make: And if the Parliament shall please to give Encouragement of a Fifth unto Discoverers, for preventing such Abuses, as may possibly arise from such Persons, who more mind their own Interest, than the Publick, and may vex some Men, who have always from the Beginning been for the Parliament:

We humbly offer, That the Commissioners for Compounding may have Liberty to give Costs, in Case they shall find any malicious or unjust Prosecution; and to punish such by Imprisonment, who are not able to pay Costs.

9. The Committees in divers Counties, having formerly, without any Authority from the Parliament, compounded with some Persons, and discharged their Sequestrations upon Payment of such Fines as they have imposed;

We humbly offer, Whether Money paid to the Committee, or Commissioners in the Country, for such Compositions, shall not be accepted as Part of the Delinquent's Fine payable in at Goldsmiths Hall, upon his Offer of Composition there.

10. That it may be proposed to the House, to give Power and Order, That the Surveyors which shall be appointed to survey the Estates of Delinquents now to be sold, after they have made their Returns of the Estates of Delinquents named in the Bill for Sale, do survey likewise all other sequestered Estates whatsoever; and do make Return of such Surveys to the Commissioners for Compositions.

11. Whereas we find, That in several Counties the Revenue of the Sequestrations is so small, as that it will scarce bear the Expences of the Commissioners; which causes them to be the more remiss and careless in the Execution both of the Acts of Parliament, and of our Orders; the Profit being so inconsiderable, and the Trouble so great, as that they are ready, upon the least Reprehension from us, to lay down the Employment:

We humbly desire, That the House will please to add to the Salary; or that we may have Power, where we find the Revenue so slender, to join Two or Three or more Counties together, and to appoint Commissioners for the managing of the Service of Sequestrations there, as in an Association, as we shall see Cause.

12. We likewise humbly offer to their Consideration the particular Cases herewith presented, that concern the Power of Compositions in the Counties of Essex, Kent, Sussex, and the Northern Counties, with such as were engaged in the later War.

The Cases of John Scroope, Sir Edward Bishop, Henry Hastings, and Wm. Jervas.

The Petitions and Cases of Thomas Starkey, Humfrey Berrington, Anthony Hastings, Wm. Furrington, Richard Dutton, George Smyth, Richard Cooke, and Sir Winkefield Bodenham.

That the House may be moved to call for the Reports that concern Sir Thomas Jervase, Mr. Wallop, Mr. Kemp, Lieutenant-Colonel Gerard, in the Speaker's Hands.

All which we humbly offer and submit to your Considerations.

J. Russell, John Berners, A. Squibb, Wm. Molins, Richard Moore.

Resolved, That the Debate upon this Report be taken up this Day Fortnight.

Letter received.

A Letter from Major-General Harryson from Leek, of the 18th Day of August 1651.

Lord Lovelace's Estate.

Mr. Garland reports Amendments to the Act enabling the Lord Lovelace to sell Lands for Payment of his Fine and Debts: Which were this Day read the first and second Time; and, upon the Question, assented unto.

And the Question being put, That this Bill be ingrossed;

It passed with the Negative.

And the Bill being put . . the Question passed.

Howard's Estate.

Mr. Garland reports Amendments to an Act enabling Sir Robert Howard to sell Lands for Payment of his Fine and Debts: Which were twice read, and, upon the Question, assented unto.

And the Question being put, That the said Act, so amended, be ingrossed;

It passed with the Negative.

And the said Act, so amended, being put to the Question, passed.

Temple's Estate.

Ordered, That the Act enabling Sir Peter Temple to sell Lands for Payment of his Debts, be read To-morrow Morning, the first Business next after Mr. Speaker takes the Chair.

Peck's Estate.

Ordered, That an Act to enable Mr. Peck to sell Lands for Payment of his Fine and Debts, be read To-morrow Morning, next after the Bill touching Sir Peter Temple.