THat Sir Richard Gurney, Knight and I Baronet, on or about the Last day of Iune, 1642. being then Lord Major of the City of London; in severall places of the said City, unlawfully and maliciously caused Proclamation to be made for the putting in Execution of the Commission of Array, ten­ding to the raising of Forces against the Parliament, and to the subversion of the Lawes and Peace of this King­dome.

For the which, the House and Commons impeach the said Sir Richard Gurney, Knight and Baronet, in the name of the House of Commons, and of all the Com­mons of England, of high crimes and misdemeanours, and saving to themselves all liberties and advantages of exhibiting all other accusations against him. They doe desire that he may be called to a speedy answer in the presence of the Commons.

Die Veneris 12. August, 1642.

WHereas Sir Richard Gurney Knight and II Baronet, Lord Major of the City of Lon­don, hath been impeached by the Knights, Citizens, and Burgesses of the House of Commons, for causing Proclamation to be made in severall places of the City of London for the putting in execution the Commission of Array, tending to the raising of Forces against the Parliament, and the subversion of the Lawes and peace of this Kingdome; and for the framing of two false and scandalous Petitions to set division be­tweene His Majesty and the Parliament, and the Parlia­ment and the City; and for imprisoning certaine Ap­prentices, who had framed a Petition unto the Parlia­ment, and not punishing and proceeding against certaine Rioters, or misdoers within the City of London, acted on or about the 2. of February 1641, and for refusing or neglecting to call a Common Councell for the good and safety of said City and Kingdome, being there­unto commanded by the Authority of both Houses of Parliament.

2. The Lords having taken the said Charges into their consideration, doe finde the said Sir Richard Gurney, Lord Major of the City of London, guilty of causing the said Proclamation for putting the Commission of Array in execution to be published, tending to the disturbance of the peace of this Kingdome, and of not suppressing the said riots and misdemeanours, and of not calling a Common Councell, as he was by Order of Parliament required; and for these offences, this High Court doth award and adjudge,

• [Page 3]1. That the said Sir Richard Gurney shall be no longer Lord Major of the City of London.
• 2. That he shall be hereafter uncapable to beare any Of­fice in the said City of London.
• 3. That he shall be uncapable to beare or receive any fur­ther Honour hereafter.
• 4. That he shall be imprisoned in the Tower of London, during the pleasure of the House.

Die Lunae 29. Iul. 1644.

ORdered by the Commons assembled in Parlia­ment, III That the Committee at Goldsmiths Hall doe consider of all Prisoners, whose Estates are sequestred, and require a List of them from the severall persons that have the custody of them, and consider of raising moneys (by compounding with them) for the Scots Army, and Lord Fairfaxes Army, and present their opinions upon the whole matter to the House.

Die Martis 30. Iul. 1644.

IN pursuance of an Order to the House of Com­mons, IV dated 29. Iuly 1644. You are required to send to this Committe by Friday next in the After­noone, the names of such Prisoners of quality under your custody, whose Estates are sequestred by Ordi­nance [Page 4] of Parliament, and to certifie the Crimes for which they are committed, &c. The Tower, &c.

Dei Martis 20. August. 1644.

ORdered that the Sub-Committee appointed to V examine the Estates and Delinquency of the se­verall persons, whose names are returned by the Keepers of the severall Prisons in and about the Ci­ty, doe make their report of their proceedings therein on Friday next to this Committee.

27. August 1644.

Resolved, &c.

THat the businesse concerning the Prisoners in VI the severall Prisons, &c. touching the Fines to be set upon them for their severall Delinquen­cies, be re-committed to the same Committee, who are ordered to make their report on Friday next, of such proceedings as they shall make therein; and they are desired first to consider of the most wealthy and able persons, and present the Fines fit to bee set on them.

Die Mercurii, 23. Octob. 1644.

THat Sir Richard Gurney, Sir Benjamine Ayliffe, VII Sir Robert Cooke, Thomas Coningsby Esq. Sir Roger Twisden Knight, 10: Corbet Esq. Thomas Dunstable, Sir Francis Williamson Knight, Edward Maynard Esq. Sir Iohn Morley Knight, Sir Edward Heron Knight, Sir Thomas Littleton, Sir Wingfield Bodenham, Sir Thomas Peyton, Sir 10: Butler, Sir Rich: Norton, Nevile Smith, and Doctor Featly be admitted to Fine and Composition.

Resolved,

That it be referred to the Committee at Goldsmiths Hall, to Treat and Compound with the persons above named, and report their Fines to the House.

Goldsmiths Hall. March 3. 1644.

THe names of divers Prisoners now in restraint, VIII upon whom the Fines hereunder specified, are set and imposed by the Committee at Gold­smiths. Hall, according to an Order of the Honourable House of Commons, of the of Aug. 1644.

Sometimes Lord Major, committed to the TowerResolved Sir Richard Gurney Knight, 5000l. by the Lords in Parliament, for his Contempt to the House in disobeying their Order, and by doing other things, whereby he shewed his disaffection to the Par­liamnt, whose Estate is under Sequestration.

These Gentlemen, if they were duly Sequestred, severely imprisoned, they would be willing to satisfi [...] [...] Common wealth, and pay such Fines as shall be se [...] [...]pon them.

Die Martis, 4. Marcii 1644.

THe House resumed the Report from the Com­mittee IX at Goldsmiths Hall, and resolved, &c.

That this House doth approve and accept of 5000l. for the Fine of Sir Richard Curney, sometimes Lord Major of London, for discharge of his Delinquen­cy, and Sequestration of his Estate, and Imprison­ment.

Die Lunae 2. Marcii, 1645.

MAster Ash reports the answer of Sir Richard X Gurney, to the Committee of Goldsmiths-Hall, concerning the Fine of 5000l. set on by this House, that he obstinately refuses to pay the same.

To the Right Honourable Committee of Lords and Commons for Sequestrations.
The Humble Petition of Sir Richard Gurney, Knight.

THat your Petitioner is a Prisoner in the Tower XI of London, during the pleasure of the House of Peers, and thereupon supposing him to be a Delinquent; his Estate in London, the County of Wilts, and in other Counties where it lyes, is of late put under Sequestration, by the respective Committees of the severall Counties: And in particular, his Estate at Clare in Suffolke, and upon the edge of Essex, 40. Miles distant from London, is Sequestred by the Committee for Glocester, whose power by the Ordinance extends but 20. Miles from London.

Your Petitioner therefore humbly prayeth this Honou­rable Committee, to require the said Committee of Glocester, and other Committees of the Coun­ties, and places where his Estate lyes, to Certifie to this Honourable Committee, the grounds and cause of their Sequestring your Petitioners Estate, and to respit their proceedings, untill your Peti­tioner upon their Certificates, may be inabled to bring his Cause to hearing. And he shall pray, &c.

Die Martis, 27. Ianuar. 1645. At the Committee of Lords and Commons for Sequestration.

UPon the Petition of Sir Richard Gurney Knight, XII hereto annexed: It is thought fit and ordered that it be referred to Mr. Bradshaw, to peruse the said Petition, and the Orders of the Houses of Parli­ament, and to report the state of the Case to this Com­mittee; and the Clerke of this Committee is to enquire in the Clerkes bookes of both Houses, what Orders have beene made in the Petitioners Case.

Sir Richard Gurneys Petition.

THe Petitioners offence and sentence appeares XIII by the Acts of the Lords House, since which time the House of Commons accept of 5000. l. for discharge of his Delinquencie, Sequestration of his E­state and Imprisonment. And this I finde to bee the Case.

Dei Martis, 9. March 1646.
At the Committee of Lords and Commons for Sequestrations.

IN the Case of Sir Richard Gurney Knight, It is order­ed XIV that it be referred to the Committees of the seve­rall Countyes (by whom the Sequestration was [Page 9] made) to examine the matter and cause of the Sequestra­tion, with the witnesses and proofes on both sides on Oath, giving the Petitioner the heads of his Charge to examine his witnesses upon, and to certifie the true state of the Case with the proofes to this Committee, sealed up within a moneth after notice hereof, and to deliver out no copies of the proofes. And it is further ordered, That the Committee at Goldsmiths Hall be desired to certifie whether the said Sir Richard Gurney hath exhi­bited any Petition to them for his composition.

Die Merc. 7. Apr. 1647.
At the Committee of Lords and Commons for Sequestrations.

IN the Case of Sir Richard Gurney Knight and Baro­net, XV upon the severall Certificates from the Com­mittees in the severall Countyes, by whom the Se­questration was made: It is ordered that publication be thereof granted, if Mr. Bradshaw assent.

The Certificates. 15. December 1645.
At the Committee for Sequestrations London, XVI sitting at Cambden House.

IT is this day ordered that nothing be done in examination of the Estate of Sir Richard Gurney Knight, untill further order of this Committee, in regard no cause hath yet appeared to them of any Se­questration to be made of and upon the same.

November 28. 1646. XVII

THese are to certifie, That the Case of Sir Rich: Gurney Knight, hath been assessed by the Asses­sors sitting at Haberdashers Hall, London, at the summe of one thousand pounds for the twentieth part of his Estate, reall and personall, by vertue of an Ordi­nance of Parliament of the 29. of November 1642. and for default of payment thereof his Estate and reve­nue hath beene sequestred according to the effect of the said Ordinance, and hath this day made and given pay­ment and satisfaction to the Committee of Lords and Commons for advance of money, for and concerning the said Assessement of the one thousand pounds, where­upon the said Assessement is now fully satisfied, and the Sequestration made for non-payment thereof taken off and discharged.

Goldsmiths Hall. Luna, 5. Apr. 1647.

THese are to certifie, that the 4. of March 1644. XVIII there was a Fine of 5000 l. imposed by the Committee for compounding with Delin­quents sitting at Goldsmiths Hall upon Sir Richard Gurney, Knight and Baroner, which was reported to the House of Commons and accepted by them, as by the Orders thereupon may appeare. But the said Sir Rich: Gurney hath not exhibited any Petition to this Committee, nor any way submitted to the said Fine.

At the Committee of Wilts at Warmister, 31. March 1647.

ACcording to the directions of your Order of XIX the 9. of this present March, We of the Commit­tee of Wilts doe humbly certifie, that some of us being in London before our comming to act in this County, understanding that Sir Richard Gurney, Knight and Baronet, was a Prisoner in the Tower of London, and that his Estate in and about the City was seque­stred: We did also sequester his Estate in this County, and have continued the same under Sequestration, but have received no other information or proofe of any [Page 12] Delinquency against him: All which we humbly sub­mit to your grave considerations,

Dated at Dorcet House aforesaid 21. Apr. 1647.

IN obedience to your Lordships Order of the 9. of XX this instant April, whereby we are to certifie the causes and grounds of Sequestration of the E­state of Sir Richard Gurney: We of the Committee of Gloucester, Hereford, and other Counties, sitting at Dorces House in Channon Row Westminster, doe certifie your Lordships, that the Cause whereof we summoned the Tenants of Sir Richard Gurney at Stoak, and Ashton, in the Countyes of Suff. and Essex, to pay their Rents to the use of the Common-wealth, was an impeachment of the House of Commons, Iuly the 5. 1642. and aSee Fig. I. II. VII. IX. & X. Judgement of the House of Peeres: thereupon the 12. of August following, and two Votes of the House of Commons, the one of the 23. of October, 1644. when it was resolved that he should be admitted to his Fine and Composition; the other of the 4. of March 1644. when it was resolved that 5000 l. be accepted for dis­charge of his Delinquency, and Sequestration of his E­state and Imprisonment; the severall copies whereof are here inclosed, and his refusall to pay the said Fine, as by the report of Mr. Iohn Ash made to the House of [Page 13] Commons, the Copy whereof is also inclosed appeares. All which we humbly submit to your Lordships judg­ments.

The Discharges.
At the Committee for Gloucester, sitting in the Inner XXI Court of Wards, Westm. 16. Febr. 1647.

WHereas upon discovery made to this Com­mittee, That Sir Richard Gurney, Knight and Baronet, was in his life-time a Delin­quent, and that his Estate was sequestred in severall places, and that he had received a Judgement in the Lords house for putting the Commission of Array in Execution, and for other Crimes by him committed, for which he was committed Prisoner to the Tower of London. And forasmuch as the said Sir Richard Gurney is since deceased, and that it appears to this Committee, that his Sequestration is taken off in other places. It is therefore ordered, that the seizure and restraint made by this Committee of his Rents in Stoake, and Ashen, in the Countyes of Essex and Suffolk shall be, and is there­by taken off and discharged.

11. August 1649.
At the Committee of Parliament for removing of Obstructions in the sale of Deanes and Chapters Lands.

UPon reading this day of the report of Colonel XXII Edmund Harvey, made according to order of the Committee for removing of Obstructions in the sale of late Bishops Lands, of the 21. of Iune last, grounded upon the Petition of Sir Iohn Pettus, Henry Samford, and Humphrey Bedingfield, touching the pos­session and Rent of the House called Gurney House, scitu­ate in the Old Jury London, wherein report is made, that the said Col. Harvey conferring with the Trustees for sale of Bishops Lands, concerning the premisses, they did finde that the possession of the said House cannot (without prejudice to the State) be delivered to Mr. Iohn Frederick, who purchased the same of the said Petitio­ners, and that thereupon hee, the said Colonel Harvey, and the said Trustees had treated with the said Mr. Frederick for the Rent to be received and paid for the said House, out of whose demands the said Trustees conceived the summe of two hundred pounds per ann. to be a competent Rent to be paid unto him the said Mr. Federick or his Assignes, for the premisses, from the time of his purchase thereof, viz. from the first of May 1648. untill Midsummer last past, and for the growing Rents thereof from thence forth, the yearely Rent of 200 l. per ann. for so long as the said House shall be im­ployed for the sales of Bishops, Deans, and Chapters Lands, and that the arreares for the said House due to the said Petitioners from the 20. of November 1646. [Page 15] to the said first of May 1648. aforesaid, be allowed un­to them the said Petitioners, after the rate of 120 l. per ann. It is this day ordered, that the Trustees for sale of Deans and Chapters Lands be hereby required and authorized to grant and issue forth their warrants to the Treasurers for sale of the said Lands, to pay unto the said Ioh: Fredrick, or to his Assigne or Assignes, for and in the consideration of the said House, and growing Rent thereof, during the time that the said House shall be imployed in the service of the State as aforesaid, the yearely summe of two hundred pounds quarterly, viz. upon the 29. day of Septemb. next, the summe of fifty pound, upon the 25. of December following the summe of fifty pounds, as the same shall from time to time grow due. And the same Treasurers are hereby requi­red and authorized upon such severall Warrants to pay the same during the said time accordingly, and the re­ceipt of the said Ioh: Frederick or his Assigne or Assignes shall from time to time be a sufficient discharge unto the said Treasurers in that behalfe: and it is further or­dered that the said Trustees be hereby required and au­thorized at the charge of the State, to keepe the said House in good repaire during the said imployment, and to leave the same without defacing thereof.

City of London, Sir Richard Gurney Knight.

A Warrant issued forth to restraine Rents the 19. XXIII of Aprill 1644. For that the said Sir Richard Gurney was committed a Prisoner to the Tower of London, seiz'd the rents of a Tenement in the Old Jury, Lond▪ of the Annuall Rent of twelve pounds.

The Sequestration discharged by the Committee of London the 25. of December 1645. for that no cause ap­peared to continue the same, and the twelve pounds re­ceived for a yeares rent paid over to the Committee of Haberdashers Hall, who had seiz'd all the rest of the Te­nements in the Old Jury.

Ian. 14. 1647. By the Committee of Parliament for the County of Wilts.

WHereas the Estate of Sir Richard Gurney in the County of Wilts, was sequestred by XXIV us, he being now deceased, we knowing no cause for the continuance thereof doe thinke fit [...]o [Page 17] discharge it, he having paid his fifth and twentieth part, as appeares by Certificate from Haberdashers Hall.

The second proceedings of Goldsmiths-Hall, By the Committees for Compounding, &c. 16. July 1650.

IT is ordered that the Heirs and Executors of Sir XXV Richard Gurney deceased, doe satisfie this Commit­tee within twenty dayes after notice hereof, why the fine of 5000 l. imposed upon the said Sir Rich: Gurney is not paid into the Treasury of this Committee.

The Case reported to the Parliament, Tuesday the 5. of August 1651.

A Certificate from the Commissioners for com­pounding XXVI of the 6. of December▪ 1650. was this day read, and the Cases of Sir Richard Gurney, and Mr. Thompson, wherein the Commissioners desire directions from the Parliament; the report of the Case of Sir Richard Gurney was read; Viz.

According to the Order of the 20. of Septemb. 1650. in the case of the Executors of Sir Richard Gurney, Knight and Baronet deceased, touching the Fine of 5000 l. imposed upon him by the Parliament, we * find,M. Reading M. Brereton That the 5. of Iuly 164 [...]. the Honourable House of Commons brought in an Impeachment in the House of [Page 18] Lords against Sir Richard Gurney, for that he, on or about the last of Iune 1642. (being then Lord Major of London) in severall places of the said City unlawfully and maliciously caused Proclamation to be made for the putting in execution the Commission of Array, ten­ding to the raising of Forces against the Parliament, and to the subversion of the Lawes and peace of the King­dome.

For which they impeached him in the name of the House of Commons, and of all the Commons of Eng­land of high crimes and misdemeanours; and saving to themselves all liberties and advantages of exhibiting all other accusations against him; they desired he may be called to a speedy answer in the presence of the Com­mons. The 12. of August 1642. the Lords in Parlia­ment assembled, reciting that whereas Sir Rich. Gurney, Knight and Baronet, Lord Major of the City of London, hath been impeached by the House of Commons, for causing Proclamation to be made for the putting in exe­cution the Commission of Array, and for the framing of two false and scandalous Petitions, to set division be­tweene his Majesty and the Parliament, and Parliament and the City, and for imprisoning certaine Apprentices, who had framed a Petition to the Parliament, and for not punishing or proceeding against certaine Ryoters, or misdoers within the City of London, acted in or about the 2. of February 1641. and for refusing or neglecting to call a Common Councell, for the good and safety of the said City and Kingdome (being thereunto com­manded by the authority of both Houses of Par­liament.)

The said Lords having taken the said Charges into due consideration, doe finde the said Sir Richard Gurney, [Page 19] Lord Major of the City of London, guilty of causing the said Proclamation for putting the Commission of Ar­ray in execution to be published, tending to the distur­bance of the peace of the Kingdome, and of not suppres­sing the ryots and misdemeanors, and not calling a Common Councell, as hee was by Order of Parlia­ment required; and for these Offences, the said High Court did award and judge, First, that the said Sir Richard Gurney should be no longer Major of the City of London. Secondly, that he should be hereafter un­capable to beare any Office in the City of London. Thirdly, that he should be uncapable to beare or re­ceive any further Honour thereafter. Fourthly, that he should be imprisoned in the Tower of London, during the pleasure of that House. And accordingly he was put out from being Lord Major, and committed to the Tower.

That the 29. of November 1642. the Ordinance for sitting of the Committee for Advance, and for Assesse­ment of the fifth and twentieth part passed both Houses.

That in December 1642. (Sir Richard Gurney being in prison) was assessed 1000 l. for his twentieth part at Haberdashers▪ Hall, and for default of payment thereof, his personall Estate at Gurney House London, was sequestred and sold in February 1642. and Gurney-House, and Tenements adjoyning, and other his Estate was sequestred in 1642. and the profits received untill the 20. of November 1646.

That the first of April 1643. the Ordinance for Se­questration of Papists and Delinquents, passed both Houses.

That the 19. of April 1644. the Committee for Se­questrations [Page 20] for London issued out a warrant to restraine the rents of Sir Richard Gurney, for that he was com­mitted a prisoner to the Tower of London.

That the 29. of Iuly 1644. the Commons in Parlia­ment ordered the Committee of Goldsmiths Hall to con­sider of all prisoners, whose Estates are sequestred, and to require a List of them from severall persons that had the custody of them, and to consider of raising moneys by compounding with them, and to present their opini­ons upon the whole matter to the House.

The 30. of Iuly 1644. The Committee of Goldsmiths-Hall required the Lieutenant of the Tower (amongst others) to certifie the names of such prisoners of quality under his custody, whose Estates were sequestred, that by order of Goldsmiths-Hall, the 20. of August and 27. of August 1644. a Sub▪ Committee was appointed to consider of the Estates and Delinquencies of the severall persons returned to them, and first to consider of the most wealthy and able persons, and to present the Fines fit to be set on them.

The 23. of October 1644. it was resolved by the House upon the question, that Sir Richard Gurney, and divers other persons therein named, be admitted to Fine and Composition, and that it be referred to the Committee at Goldsmiths-Hall to treat and compound with the said persons, and to report their Fines to the House.

The 3. of March 1644. the Committee of Goldsmiths-Hall presented to the House (amongst other things) the names of divers persons, upon whom Fines were set by the Committee at Goldsmiths-Hall, according to an Or­der of the House of August 1644. viz.

Sir Richard Gurney Knight, sometime Lord Major, committed to the Tower by the Lords in Parliament, [Page 21] for his contempt to the House, and disobeying their Or­der,Resolved Fine acce­pted. and doing such other things whereby he shewed his disaffection to the Parliament; whose Estate is under Sequestration.

That the 4. of March 1644. the House did approve and accept of 5000 l. for the Fine of Sir Richard Gurney, for discharge of his Delinquency, and Sequestration of his Estate and Imprisonment.

The 15. of December 1645. the said Committee for Sequestrations in London ordered the said Sequestration to be discharged, for that no cause of Sequestration ap­peared to them, and the 12 l. by them received was assigned over to the Committee of Haberdashers Hall, who had seized all the rest of the Tenements.

That the 2. of March 1645. Mr. Iohn Ash reported to the House the answer of Sir Richard Gurney to the Committee at Goldsmiths-Hall, concerning the Fine▪ of 5000 l. set upon him by the House, that he obstinately refuseth to pay the same.

That the 20. of November 1646. by order of the Committee for advance and reciting the former assessement of 1000 l. for the 20. part, and the Seque­stration for non-payment thereof; and that the said Sir Richard Gurney had given satisfaction for the same, the said Assessment and Sequestration for non-payment thereof were taken off and discharged, and the said E­state hath been free from Sequestration ever since.

That upon M. Ash his report of the 2. of March 1645. aforementioned, of Sir Richard Gurneys obstinate refu­sall to pay his Fine, we doe not finde there was any fur­ther resolution in the Case.

The Case referred, Tuesday 5. August 1651.

REsolved by the Parliament, That this report from XXVII Goldsmiths-Hall, concerning Sir Richard Gurney, be referred to a Committee to examine the busi­nesse and heare all parties concerned, and to state the whole matter of Fact and report it to the House▪ (viz.) Unto

• Sir Gilbert Pickering.
• Mr. Love.
• Mr. Bond.
• Mr. Moyle.
• Mr. Allein.
• Lord Grey.
• Mr. Stephens.
• Mr. Nevill.
• Mr. Marten.
• Mr. Trenchard.
• Mr. Carew.
• Mr. Hodges.
• Lord Whitlock.
• Col. Lister.
• Alderman Atkins.
• Mr. Hevenningham.
• Mr. Dormen.
• Sir Henry Heymen.
• Col. Fielder.
• Lord Lister.
• Col. Morley.
• Mr. Challoner.
• Mr. Whittacre.
• Mr. Oldesworth.

Or any five of them:

And Col. Fielder is to take care of it.

The report of the Committee of Parliament, In the Case of Sir Richard Gurney, besides what is mentioned in the report from Goldsmiths-Hall it appeares,

THat after the Estate of Sir Richard Gurney was XXVIII discharged of Sequestration by the Committee at Haberdashers-Hall, November 20. 1646. The 9. of March following, he obteined (by order of the House of Lords) liberty to repaire to any of his houses, upon security to render himselfe when required.

But severall Committees in the Country, notwith­standing the said discharge, continuing Sequestrati­on upon his Estate.

The said 9. of March 1646▪ he obteined order from the Committee of Lords and Commons to the said Committee in the Country, to certifie the cause of Se­questration, and to the Committee at Goldsmiths-Hall to certifie whether any Petition was exhibited to them for compounding.

In pursuance thereof:

The 31. of March 1647. the Committee of Wilts certified, that they hearing Sir Richard Gurney was se­questred in London, and a Prisoner in the Tower, there­upon sequestred him, and knew no other cause.

The 5. of April 1647. the Committee at Goldsmiths-Hall certified the Fine of 5000 l. set as aforesaid, but that Sir Richard Gurney had not petitioned to that Com­mittee, nor submitted to the said Fine.

April 21. 1647. The Committee of Gloucester (being quickned thereto by a speciall Order) certified the cause of the Sequestration to be the impeachment and sen­tence [...] [Page 24] In 1642. and setting of the said Fine in 1644.

Upon returne of the Certificates, Order passed for publication in April. 1642. and for hearing in May 1647. but the Committee ceasing to act, and Sir Rich: Gurney dying soone after, the hearing never passed.

But Certificates of the Discharge at Haberdashers Hall being produced; the Committee of Wilts Ianuary 14. 1647. and the Committee of Gloucest. 16. Febr. 1647. discharged the said Sequestration.

It further appeares,

That Sir Richard Gurney by Deed, dated Iune 7. 1641. and 15. Iuly 1641. conveyed his Lands and Gurney-House to Trustees to be disposed for payment of Debts and Legacies, as by his last Will he should declare.

That by his Will proved, dated 29. September 1647. he injoynes his Trustees and Executors to sell the said Lands, and House, for the payment of his Debts and Legacies.

That in execution of the said Will, and Trust, the Executors and Trustees sold all the said Lands (as by the Deeds appeare) before the end of October 1649.

That the 16. of Iuly 1650. the Committe at Gold­smiths-Hall issued their Summons to the Executors, to shew cause why they should not pay the 5000 l. Fine.

That the reall Estate being sold as aforesaid, for a­bout 17000. and not more (as appeares by the Deedes) the Executors paid (as by affirmation of Sir Iohn Pettus, one of the said Trustees, and Executors likewise ap­peares) for Funerall Charges, just and ancient Debts, Legacies, and necessary charges, above 28000 l. and that before the said Summons, or any demand of the said 5000 l. Fine; and are indebted for that Estate a­bove 4000 l. which as yet the Estate is not like to satis­fie, [Page 25] (not including the said 4000 l. the remaining Estate, except 11 l. per ann. and a desperate debt upon a Mor­gage) being due upon bond from severall persons, most of them Prisoners, either in the Upper Bench, or Fleet, of which debts neither principall or interest hath beene paid these ten yeares.

And lastly it appeares,

That out of Sir Richard Gurneys Estate, the Parlia­ment hath beene advantaged these particular summes, viz. Five hundred pounds lent to Ireland, one thousand pounds to Haberdashers-Hall for his twentieth part, one thousand two hundred pounds received by the Committee for Gloucest. being a Debt upon a Morgage sequestred by them, two thousand pound lost by the ruine of Chawfield-House in Wilts, and for Timber cut downe, and employed for that and other of the Parlia­ments Garrisons.

Besides 2000 l. lost in goods, upon seizure for the fifth and twentieth part, which being assessed at 2000 l. he neglected to pay, (as is alledged) because he was as­sessed in his Ward but at 800 l.

And 1500 l. lost, as is likewise alledged by the said Sir Iohn Pettus, which he is able to prove by the under­sale of Gurney-House, by reason the State had the use of Sir Richard paying before the purchase 300 l. per ann. but the Committee of Parliament ordered but 200 l. per ann. to him that purchased it of the Executors (as by the Order appears.) Deted the 11. of August 1649.

Friday 29. August 1651.

Ordered that Collonel Martin be desired to make this Report with the former.

Wednesday 3. Novemb. 1652.

ORdered by the Parliament, That it be referred XXIX to the Commissioners for Compounding, forthwith to levy the money due upon the Fine imposed upon Sir Rich: Gurney by Order of Parliament.

By the Commissioners for Compounding, &c. 4. November 1652.

IN pursuance of the Order of Parliament above XXX written. It is ordered that Thomas Lord Richardson, and Sir Iohn Pettus, Executors to the said Sir Rich: Gurney (in right of their Wives) do pay to the Treasurers at Goldsmiths-Hall, the moneys due upon the said Fine, within seven dayes after receipt hereof: Otherwise we shall proceed to levy the same according to the directi­of the said Order of Paliament.

By the Commissioners for Compounding, &c. 25. Ianuary 1652.

UPon reading an Order of Parliament of the 3. of November last, for levying of the Fine impo­sed formerly upon Sir Richard Gurney, and our XXXI Order of the fourth of the same Nov. made thereupon.

Resolved,

That the said Fine be accordingly levyed, and Let­ters be sent to the Comissioners for Sequestrations in the [Page 27] severall Counties, where the said Sir Richard Gurney had any Estate, either reall or personall, to order and require them forthwith to proceed to levy the same upon such Estate, and returne the money which they shall thereup­on receive into the Treasury at Goldsmiths-Hall.

A true Copy. 9. Mar. 1652.

Brevials exhibited to Parliament, upon the Order of Nov. 3. 1652. The Case of Sir Richard Gurney, Truly Stated by his EXECVTORS.

IN 1642. Sir Richard Gurney was (for certaine misde­meanours)XXXII Sentenced to be Imprisoned in the Tower during pleasure. But no Fine.

In 1643. he was Sequestred, for not paying his twen­tieth part.

In 1644. the Committee of Goldsmiths-Hall being authorized to treat with him, offered him freedome from his Imprisonment and Sequestration for 5000 l. Fine, which he refused.

In 1645. his refusall to accept that offer was Reported to the Parliament, and nothing Ordered thereon.

In 1646. he paid his twentieth part, and was dischar­ged of Sequestration.

In 1647. he dyed a Prisoner, since which his Execu­tors have disposed his whole Estate, to pay Debts and Legacies.

In 1650. the Executors were summoned by the Committee of Goldsmiths-Hall to shew cause why they should not pay the said 5000 l. and upon Cause [Page 28] shewne, the Case was Ordered to be Reported to the Parliament.

In 1651: the Parliament referred the Case to 24. of their Members, or any five of them. They examined the Case, and Ordered Collonel Martin to Report the same.

In 1652. the Report not being heard, the Parliament supposing that a Fine was part of his Sentence, and im­posed on him for Delinquency, Ordered the same to be levyed.

Whereas,

• 1. He was never judged a Delienquent▪
• 2. He was never Sequestred for Delinquency.
• 3. No Fine was imposed at, or since his said Sentence.
• 4. His whole Estate being free from Sequestration, and the charge of any Fine, is disposed of by his Execu­tors.
• 5. Yet for his misdemeanours, besides 5. yeares imprison­ment, he was damnified 25000 l.
• 6. And the Parliament hath received out of his Estate for his twentieth part and otherwise, 7500 l. part whereof was voluntarily lent.

Further Proceedings concerning the said CASE. XXXIII

IN Decemb. 1652. The Parliament being informed, That there was a Report in the Case of Sir Richard Gurney) depending before them, and not heard, when they Ordered the said Fine to be levyed; Were pleased then, and since, to appoint four severall dayes for hearing the said Report.

But in regard the Parliament hath not heard the said Case, nor suspended the execution of the said Order un­till Hearing, The Commissioners for Sequestration have issued out Orders to Sequester all the Houses and Lands which were Sir Richard Gurneys, long since sold, and the Money disposed, as aforesaid.

Whereby,

The Purchasers are disturbed in their Possessions, and the Executors ingaged in Suits and Perplexities.

The Case of Sir Richard Gurney, As to the Act of Pardon.

THe Act of Pardon acquits, &c. All Sequestrati­ons, XXXIV Penalties, summes of Money, &c. except such Lands, Tenements &c. which stood actu­ally Sequestred, December 1. 1651. and all summes of Money due upon Composition.

1. Now it appeares that no part of his Estate stood actually Sequestred in December, 1651. but was discharged three years before.

2. That the said 5000. l. was not due upon Composi­tion, he never submitting to any Fine.

Tuesday the 8. of March, 1652.

ORdered by the Parliament, That the businesse XXXV touching Sir Richard Gurney be Reported on Tuesday morning next, the first businesse.

March 15. 1652.

REsolved upon the Question concerning Sir Rich: XXXVI See fig. 29. Gurney's Fine, That the Parliament doe adhere to their former Vote.

The words of the Ordinance for Sequestration, April the 1. 1643.

BE it Ordained by the said Lords and Commons, That the Estates as well Reall as Personall of the several Bishops hereafter mentioned, viz. William, &c. and of all other person and persons Ecclesiasticall or Temporall, as have raised or shall raise Arms against the Parliament, or have been, are, or shall be in actuall war against the same, or have voluntarily contributed, or shall voluntarily contribute (not being under the power of any part of the Kings army, at the time of such contri­buting) any Money, Horse, Plate, Armes, Munition, or other aid or Assistance for or towards the maintenance of any Forces raised against the Parliament, or for the Opposing of any force, or power raised by Authoritie of both Houses of Parliament, Or for the robbing, spoy­ling, plundering of any the Kings Subjects, who have willingly contributed or yeilded Obedience to the com­mand of both Houses of Parliament, and of all such as have joyned or shall joyne in any Oath, or Act of Asso­tiation against the Parliament: or have imposed or shall impose any Tax or Assessment upon his Majesties Sub­jects for or towards the maintenance of any Forces a­gainst the Parliament, or have or shall use any force or [Page 31] power to levy the same, shall be forthwith seized and sequestred into the hands of the Sequestrators and Committees hereafter in this Ordinance named.

The Additionall Ordinance, Aug. 19. 1643.

BE it now Declared and Ordered by the said Lords XXXVII and Commons assembled, That in the number of such Delinquents, and Papists, who shall come within the compasse of the said former Ordinance, and to all intents and purposes to be proceeded against as notorious Delinquents or Papists, expresly described in the said Ordinances, shall be reckoned and accounted all such, as voluntarily absenting themselves from the usuall places of their abodes or dwellings, Trade, Offi­ces, or imployments, and have gone, or shall goe to any of the Kings Armies, or other Forces raised without con­sent of both Houses of Parliament, and have there con­tinued, or shall there continue, and shall not within ten dayes after seizure or sequestration of their several goods or estates, or stay made of their rents by force of the said Ordinance, (which said Sequestrators are hereby re­quired to doe shew sufficient cause to be allowed by the Committee of the County, City, or place, in which the said seizure, or sequestration or stay of rents, is or shall be made of such their absence, going and continuing in any of the said Armies or Forces; And all such as shall frau­dulently imbezell, conceale, or convey away all or any part of their goods, money, or estate, without valuable consideration, or not bonâ fide, thereby preventing or avoiding the payment of any Taxes or Assessments laid upon them by any Ordinance of both Houses of Parlia­ment, [Page 32] or any distresse or seizure in case of non-payment thereof; Or that after any such Taxes or Assessments laid on them, convey themselves away, or refuse to be spoken with, whereby any taxe or assessement laid upon them by Ordinance of both Houses of Parliament, can­not be executed upon them or their Estates, according to the true meaning or purport thereof; or that have had any hand in the late horrid and desperate conspiracy and treason of Waller, Tomkins, and Challoner, and their con­federates, whether they be already, or hereafter shall be convicted to be privy and consenting thereunto, (except such as being not yet convicted, shall discover and con­fesse all that they know thereof, within the time limited by both Houses of Parliament, to such person or persons as are or shall be appointed to take such discoveries and confessions) Or that shall sue or molest any person or persons, who shall have yeelded obedience, or confor­mity unto the Orders, Ordinances, or Commands of both Houses of Parliament, or have been or shall be im­ployed by Authority of both the said Houses for or by reason of any thing done or to be done in execution or performance thereof, or that have willingly harbored any Popish Priests or Jesuits in their Houses or dwellings since the 29 of November 1642, or that shall hereafter so harbour any; And all and every person or persons which at any time heretofore have beene convicted of Popish Recusancy, and so continue, Or that have been or shall be thereof indicted, and such their Indictments removed by Certiorari, or being not removed, shall not by appearance and Traverse be legally discharged, before se [...]zure or sequestration made of their goods or estates, or stay of their rents, by force of this, or the said former Ordinance, or that have been at Masse at any [Page 33] time within one whole yeare before the 26 day of March 1643, or shall hereafter be at Masse, or whose children or Grandchildren or any of them living in house with them, or under their or any of their tuition & government, shall be brought up in the Popish Religion.

And all such persons as being of the age of Twenty one yeares, or above, shall refuse to take the Oath here­after expressed, shall forfeit as Papists within this and the said former Ordinances, and seizure, and sequestra­tion of two Third parts of all their goods and Estates, reall and personall, and sale of such proportion of their goods so seized and sequestred, shall be made, and their rents and estates disposed of, in such manner and proportion, and by such persons as by the said Ordi­nance of Sequestrations is appointed for Papists, &c.

A President for DISCHARGE. Die Martis 4. Martii 1644.

REsolved that the Commons assembled in Parlia­ment, XXXVIII doe approve of and accept the summe of two thousand pounds for a Fine of Sir Robert Cooke, for discharge of his Delinquency, Sequestration of his Estate, and his Imprisonment.

Die Martis, 17. November 1646.

ORdered by the Commons assembled in Parlia­ment, XXXIX That the humble Petition of Sir Robert Cooke Knight, and the whole businesse of the Sequestration of his Estate be referred to the considerati­on [Page 34] of the Committee of Lords and Commons for Se­questrations, to examine the whole matter, and report their opinions to the House.

Die Iovis, 25. Febr. 1646.

UPon report this day made by Mr. Hen: Pelham, XL from the Committee of Lords and Commons for Sequestrations, concerning the Case touch­ing the Sequestration of the Estate of Sir Robert Cooke; to which Committee, the whole businesse concerning the Sequestrations of his Estate, was referred by parti­cular Order of this House. It is ordered upon the que­stion by the Commons assembled in Parliament, That the Estate reall and personall, of the said Sir Robert Cooke, be forthwith discharged from Sequestration, and the Sequestration of his Estate taken off; and that the Ren [...]s staid in his Tenants hands, by order of the Committee of Lords and Commons for Sequestrati­ons, together with the Goods, Stock, and other Estate appointed by the same Order, not to be disposed or medled with by the Sequestrators till further order from this House be hereupon paid and restored to the said Sir Robert Cooke, and all Committees, Sequestra­tors, and their Officers, are to take notice of this Order, and to yeeld obedience hereunto accordingly.

Sir Richard Gurney's Deed of trust.

BY Indenture made the 7. day of June in the year XLI of our Lord God, 1641. Between Rich: Gurney Citizen and Alderman of London, Rob. Austin, [Page 35] &c. of the one part, Hen. Sandford of Bobing Court in the County of Kent Esq. John Pettus of Cheston Hall in the County of Suff. Knight, of the other part. The said Richard Gurney and Robert Austin, &c. granted, bar­gained, sold, al [...]ened, confirmed unto the said Henry Sandford, John Pettus, &c. all that the Manour of Great Chauldfield, otherwise East Chauldfield, &c. to have and to hold the said Manour, &c. unto the said Henry Sandford, Iohn Pettus &c. their Heires and Assignes for ever. Upon trust and confidence that the said Henry Sandford, Iohn P [...]s &c. and their Heires shall after the decase of the said Richard Gurney, out of the rents and profits of all and singular the premisses, satisfie and pay all such Debts, Legacies, Guifts, bequefts, and summes of money, as the said Richard Gurney by his Estate, Will, or by any other Writing proved by three credible Witnesses, shall limit, declare, or appoint.

Sir Richard Gurney's Will.

ANd whereas I stand indebted, &c. Now there­fore XLII for the more sure, just, true and expeditious payment of the said 6000. l. and of all other my debts whatsoever, I doe further will, as followeth, (that is to say) Item, I doe further will, devise, direct, and appoint, that my said two Daughters, the said Dame Elizabeth Pettus, and the said Anne Richardson (whom I doe hereby constitute, ordaine, and make the Execut▪ of this my last Will and Testament) And all my seve­rall Trustees in that behalfe above named, or so many of them as are or from time to time shall be requisite for the doing thereof, may and shall with all convenient speed after my decease (for the just and true payment and full satisfaction of all my Debts) sell and convey [Page 36] all that my Reversion, Inheritance, Interest, and Estate of and in the said Manour or Lordship of Great Chauld­field, alias East Chauldfield, with th'appurtenances in the said County of Wilts, and all other my Messages, Lands, Tenements, and Hereditaments with th'Appurtenan­ces, of which in the name of my selfe, or of any other person or persons in trust for me, I bought and purcha­sed of, &c.

An Act of Generall Pardon and Oblivion. 24. Febr. 1651.

THe Parliament of England being most desirous XLIII that the Mindes, persons, and Estates, of all the People of this Nation might be composed, set­tled, and secured, and that all Rancor and Evill-will, occasioned by the late differences may be buried in per­petuall Oblivion, that so the Government now esta­blished in the way of a Free State, might be complyed with, and all the Members of it, enjoy their just and Antient right and Liberties; and the former Commo­tions and troubles end in a quiet, calme and comfortable peace, Have resolved to do what in them lyes for the obteining and Effecting thereof, leaving the Successe, and their Endeavours unto the Blessing of God, and his working upon the Spirits of those that are concerned herein. Be it therefore Enacted by this present Par­liament, and by the Authoritie of the same, That all and every person and persons of or within the Common wealth of England, shall be and are by the Authoritie of this present Parliament acquired, pardoned, released, [Page 37] and discharged, (as against the Parliament, the Keepers of the Liberties of England by Authority of Parlia­ment, or any or either of them) Of all manner of Trea­sons, Felonies, Offences, Contempts, Trespasses, En­tries, Wrongs, Deceipts, Misdemeanors, Forfeitures, se­questrations, penalties, and summes of money, Paines of death, paines Corporall, and pecuniary, and generally of all other things, Causes, Quarrels, Suits, Judgements and Executions, had, made, Committed, suffered, or done before the Third day of September, in the yeare One thousand six hundred fifty one, in this present Act, hereafter not excepted, nor foreprized.

And also be it Enacted by the Authoritie aforesaid, That this free pardon shall be as good and effectuall in the law to every of the persons, bodies Corporate, and others before rehearsed, in, for, and against all things which be not hereafter in this present Act excepted and foreprized, as the same pardon should have beene, if all Offences, contempts, forfeitures, Causes, matters, suits, quarrells, Judgements, Executions, penalties, and all other things not hereafter in this present Act ex­cepted and foreprized, had been particularly, especially, and plainely named, rehearsed, and specified, and also acquited, pardoned, released or discharged by proper and expresse words and Names, in their kinds, natures, and qualities, by words, and Termes thereunto requi­site to have beene put in and expressed in this present Act of Free pardon; and that the Persons, Bodies cor­porate, and others before rehearsed, nor any of them, nor the Heires, Successors, Executors, or Administra­tors, of any of them be, or shall be sued, vexed, or in­quieted in their bodies, goods, Chattells, Lands or Te­nements for any manner of matter, Cause, Contempt, [Page 38] Misdemeanours, Forfeiture, Trespasse, Offence, or any other thing suffered, or done, or Committed against the late King, or the said Keepers of the Liberties of England, or any Ordinance of Parliament, or the Lawes or Statutes of the Commonwealth; but onely for such matters, causes, and Offences as be rehearsed, mentioned or intended in the Exceptions of this present Act, be foreprized and excepted, and for none other, any Sta­tute or Statutes, Lawes, Customes, or usages hereto­fore had, made or used to the contrary in any wise notwithstanding.

And Furthermore it is Enacted by the Authoritie of this present Parliament, That this said Pardon by the generall words, Clauses, and sentences before rehearsed shall be reputed, deemed, adjudged, expounded, al­lowed and taken, in all manner of Courts of Justice, and elsewhere, most beneficiall, and availeable to all and singular the Persons, Bodies Corporate, and others before rehearsed, and to every of them, in all things, not in this present Act, excepted or foreprized, with­out any Ambiguity, question or other delay whatsoever it shall be, to be made, pleaded, objected, or alleadged by the said Keepers of the Liberties of England, or by the Attorney Generall for the Common-wealth, or by any person or persons, for or on the behalfe of the said Keepers of the Liberties of England.

And Furthermore it is Enacted by the Authority of this present Parliament, That if any Officer or Clerke in any of the Courts commonly called the Chancery, Upper Bench, and Common pleas, or of the Publique Exchequer, or any other Officer or Clerke in any other Court within this Common-wealth, at any time after the Twentieth day of February One thousand six hun­dred [Page 39] Fifty and One, shall make out, or write out any manner of Writts, Proces, summons, or other Precepts whereby any of the said persons, or any of the said Bodies Corporated; or others before rehearsed, or any of them shall be in any wise arrested, attached, distrey­ned, summoned, or otherwise vexed, inquieted, or grie­ved in his or their bodies, Lands, Tenements, heredita­ments, goods or Chattels, or in any of them, for or be­cause of anymanner of thing, acquited, pardoned, re­leased, or discharged, by vertue of this Act of F [...]ee par­don; Or if any Sheriffe, or Escheator or any of their de­puty or deputies, or any Bailiffe, or other Officer what­soever, by color of his or their Office, or otherwise, af­ter the Twentieth day of February, One thousand six hundred Fifty and One, doe levy, receive, take, or with­hold of or from any person or persons any thing acquit­ted, pardoned, released or discharged by this Act, That then every such person so Offending, and thereof law­fully Convicted or condemned by sufficient Testimony, witnesse or proofe, shall yeild and pay for Recompence thereof, to the party so grieved or offended thereby, his or their treble damages, besides all Costs of the suite, And shall also forfeit and lose to the said Keepers of the Liberty of England for every such default Ten pounds; And Nevertheless all and singular such Writts, Proces and Precepts so to be made for or upon any manner of thing pardoned, or discharged by this present Act of Free pardon▪ shall be utterly void and of none effect.

And also Except all Sequestrations upon which any Lands, Tenements, Hereditaments, Goods or debts did the first day of december One thousand six hundred Fifty One stand actually sequestred, and all summes of money due upon any composition for Delinquency; [Page 40] And all Lands, Tenements, and hereditaments, Bonds, Goods, or debts for which there is granted any Saving, or Respite upon such composition.

And also Excepted all Offences and Misdemeanors, whereof any Sentence or Judgement hath beene given in the Parliament since the Thirtieth of January One thousand six hundred forty Eight; And also the Sen­tences and Judgements so given, and Execution of the same, and all Fines, Imprisonments, Penalties, Forfei­tures and punishments of or for the same.

And also Excepted out of this Pardon All such per­son or persons, as were upon the Twenty Eighth day of January One thousand six hundred fifty and One, in prison, or otherwise restrained of Liberty, by imme­diate commandement, warrant, or direction of the Par­liament, or Councell of State, Or as Prisoners of Warre, as to the respective Offences for which they were and stand so committed or restreined.

And be it further Enacted, That the Lord Commis­sioners of the great Seale of England, the Justices of either Bench, and the Barrons of the Publique Exche­quer doe take notice hereof and give Order to the Offi­cers and Ministers of the said Court respectively, That this Free and generall pardon be in all points Observed, and that the severall Particulars hereby pardoned, any way depending in any of the said severall Courts, or which hereafter may happen to be Estreated or Certi­fied unto any of them, be forthwith discharged, And that no Proces, or other proceedings be hereafter had or made concerning the same.