House of Commons Journal Volume 7: 26 March 1657

Thursday, the 26th of March, 1657.

Barwick Writ.

ORDERED, That a Writ do issue for Election of a Burgess to serve in Parliament for the Borough of Barwick upon Tweed, in the Place of Colonel George Fenwick, deceased.

Clerk's Estate.

Ordered, That Mr. Clerk's Bill be read the Third time on Saturday Morning next.

Countess of Worcester.

Ordered, That the Bill for the Countess of Worcester be read on Monday Morning next.

Gravius' Nat.

Ordered, That it be referred to the Committee for Naturalization, to insert Theodorick Gravius, Rector of Great Linford, in the County of Bucks, into the Bill for Naturalization, if they think fit.

Remonstrance.

Resolved, That it be referred to a Committee to consider of the Title, Preamble, and Conclusion of the Remonstrance; and to fit to the Remonstrance.

Resolved, That the same Committee do consider of a Clause to keep this Parliament on Foot, and offer it to the House; and also of a Clause how the Bills, passed in the Names of the Lord Protector this Parliament, may stand good; and also to prevent the Discontinuance of Commissioners original Writs and Process, notwithstanding the Change of the Name.

Resolved, That it be referred to the same Committee, to read over the Remonstrance, as it is now amended; and to consider of the Coherence of one Part with another; and to make the same perfect, where it is defective; and report it to House.

Resolved, That it be referred to the same Committee, to consider of a Clause, That the Chancellor, Keeper, or Commissioners of the Great Seal, Treasurer, or Commissioners for the Treasury, the chief Governors of Ireland and Scotland, Chief Justices of both the Benches, and Chief Baron in England and Ireland, and the Judges in Scotland, be approved of by Parliament.

Resolved, That the same Committee do likewise consider of a Clause, to prevent the Discontinuance of Acts and Ordinances: Viz.

To Sir Rich. Onsloe, Lord Broghill, Lord Chief Justice, Attorney-General, Mr. Secretary, Master of the Rolls, Colonel Purefoy, Colonel Jones, Lord Commissioner Whitelock, Sir John Reynolds, Baron Parker, Sir Charles Wolsley, Major-General Goff, General Montagu, Mr. Godfrey, Mr. Nath. Bacon, Major Aston.

Members to attend.

Resolved, That the Members of the House, now in Town be required to attend the Service of the House; and not to go out of Town without Leave of the House.

Prices of Wines.

A Bill for limiting and settling the Prices for Wines, was this Day read the First time: And, upon the Question, It was

Resolved, That this Bill be now read the Second time, in respect of the present Necessity of the setting the Prices of Wines, the Year being so far spent: And the Bill was accordingly read the Second time.

The Question being put, That this Bill be committed;

It passed in the Negative.

Resolved, That the Time of the Commencement of these Prices of Wines, in the Bill, be made up, in the Bill, "from the 15th Day of April 1657."

The Question being put, That the Clause touching the Price of French Wines in Gross beginning in the * * Line of the * Page, and ending at the Words *, in the * Line of the same Page, do stand;

It passed in the Negative.

The Question being put, That these Words, "Twenty Pence" do stand in the * Line of the * Folio;

It passed in the Negative.

Resolved, That these Words, "Eighteen Pence" be inserted, instead thereof.

The Question being put, That these Words, "Eight Pence," do stand in the * Line of the * Folio;

The House was divided.

The Yeas went forth.

So it passed in the Negative.

Resolved, That the Words "Seven Pence" be inserted.

Resolved, That the Price of Rhenish Wine shall be Twelve-pence the Quart.

The Question being put, That the Words "in Gross, or," in the * Line of the * . . . ., do stand;

It passed in the Negative.

The Question being put, That the Clause for the Penalty for Wines in Gross, in the Second Folio, do stand;

It passed in the Negative.

Resolved, That the Blank in the 14th Line of the 2d Folio be filled up with "Five Pounds."

The Question being put, That the Words "last, and likewise" do stand;

It passed in the Negative.

The Question being put, That the Words "the Moiety" do stand;

It passed in the Negative.

Resolved, That, instead thereof, these Words be inserted; viz. "The One Third Part thereof to the Use of his Highness the Lord Protector, and his Successors, and the other Two Third Parts to the Informer."

The Question being put, That the rest of the Bill, unto the Proviso in the 5th Folio, do stand;

It passed in the Negative.

The Question being put, That the Proviso do stand in the 5th Folio;

It passed in the Negative.

Resolved, That, in the Second Folio, the 3 Line, next after the Words "every Person," these Words be added; viz. "within England, Scotland, and Ireland."

Resolved, That this Bill, so amended, be ingrossed.

Weights and Measures.

Resolved, That the Committee for Trade do forthwith make their Report touching Weights and Measures.

Remonstrance.

Resolved, That the Debate upon the Remonstrance be adjourned till Three of the Clock this Afternoon.

Impropriations.

Resolved, That the Bill for Impropriations be read on Monday next.

Owse River.

Resolved, That the Bill for the River of Owse be read on Wednesday next.

Gloucester Sufferers.

Resolved, That the Amendments to the additional Bill for Relief of several poor People who had their Houses in Gloucester burnt, be reported on Tuesday.

Thursday, 26th March, 1657; Afternoon.

Newport's, &c. Nat.

A BILL for naturalizing Adriana Newport, and others, was this Day read the Third time; and, upon the Question, passed.

Ordered, That his Highness the Lord Protector's Consent be desired to this Bill.

Catechism.

Mr. Grove reports Amendments to the Bill for Catechising: Which were twice read.

Resolved, That, in the Clause to be inserted in the Second Page, instead of these Words, "the Commissioners," these Words be inserted; viz. "such as have, or shall have, Authority for."

Resolved, That these Words, "Schoolmaster or Schoolmasters," be omitted in this Amendment.

And the said Amendment, so amended, being put to the Question, was assented unto.

Resolved, That this Clause, so amended, be inserted in the 3d Line of the 2d Folio, instead of that which is omitted.

Resolved, That, in the Amendment, in the 7th Line of the 5th Page, these Words be added, "in England, Scotland, and Ireland;" and, in the End of it, these Words, "and, in Wales, in the English or Welsh Tongue." And all the rest of the Amendments, being put to the Question, were agreed: And the Bill, so amended, was ordered to be ingrossed.

University Non-residents.

A Bill, intituled, An Act against Non-residency of Masters, Provosts, Presidents, Wardens, and Heads of Colleges and Halls, in the Universities, was this Day read the First time; and ordered to be read the Second time on this Day Sevennight.

Remonstrance.

The Lord Chief Justice Glyn reports from the Committee to whom the Title, Preamble, and Conclusion, of the Remonstrance, &c. was referred, several Amendments and Clauses: Which were read: And, several Amendments being made therein, the same were agreed, as followeth; viz.

Resolved, That this House doth agree with the Committee, That, in the Place of these Words, "Address and Remonstrance," these Words be inserted, "Petition and Advice."

Resolved, That this House doth agree with the Committee, in this Clause, as it . . now amended; viz. "And that your Highness would be pleased to consent, That nothing in this Petition and Advice contained, nor your Highness' Assent thereto, shall be construed to extend to the Dissolving of this present Parliament; but that the same shall continue and remain until such time as your Highness shall think fit to dissolve the same:" And that this Clause shall be Part of the Petition and Advice.

Resolved, That the Parliament doth agree with the Committee in this Clause, thus amended; viz. "And that all Acts which have passed, or shall pass, this Parliament, shall have the Force and Effect of Acts of Parliament, whether your Highness' Assent thereunto hath been, or shall be, given by the Name, Style, Title, and Office, of Lord Protector, or by the Name, Style, Title, and Office, of King: And that this Clause be Part of the Petition and Advice.

Resolved, That the Parliament doth agree with the Committee in this Clause, thus amended, viz. "And that nothing contained in this Petition and Advice, nor your Highness' Consent thereto, shall be construed to extend to the Repealing, or making void, of any Act or Ordinance which is not contrary hereunto, or to the Matters herein contained: but that the said Acts and Ordinances, not contrary hereunto, shall continue and remain in Force, in such manner as if this present Petition and Advice had not at all been had or made, or your Highness' Consent thereunto given:" And that this Clause be Part of the Petition and Advice.

Resolved, That this House doth agree with the Committee in this Clause, thus amended; viz. "And that all Writs and Patents of the Justices of the one Bench, and of the other, Barons of the Exchequer, Commissions of Oyer and Terminer, Gaol-Delivery, and Justices of the Peace; and all other Commissions, Patents, and Grants, made and passed under the Great Seal of England, Scotland, and Ireland; shall stand good and effectual in Law, notwithstanding this Petition and Advice of your Highness' Assent thereunto, or any Law, Statute, or Custom, to the contrary: And that all Writs, and all Commissions, Indictments, Informations, Process, Actions, Suits, Bills, or Plaints, taken out, or now depending, in any Court of Record at Westminster, or any other Court of Record in England, Scotland, or Ireland, or in the Town of Berwick upon Tweed; and all Process, Pleas, Demurrers, Continuances, and Proceedings, in every such Writs, Indictments, Informations, Actions, Suits, Bills, and Plaints, shall be returnable, stand good and effectual, and to be prosecuted and sued forth, in such Manner and Form, and in the same State, Condition, and Order; the Style, and Test of Proceedings, after Passing of these Presents, being made conformable thereunto; this present Petition and Advice, or your Highness' Assent thereunto, or any Law, Custom, or Usage, to the contrary thereof in any-wise notwithstanding: And that any Variance that shall be occasioned by reason thereof, touching any of the said Writs, Process, or Proceedings, in the Name, Style, Test, or otherwise, shall not be in anywise material, as concerning any Default or Error to be alleged or objected thereunto:" And that this Clause be Part of the Petition and Advice.

Resolved, That this House doth agree with the Committee in this Clause, thus amended; viz. "And that the Chancellor, Keeper, or Commissioners of the Great Seal of England; the Treasurer, or Commissioners of the Treasury there; the Admiral; the Chief Governor of Ireland; the Chancellor, Keeper, or Commissioners, of the Great Seal of Ireland; the Chief-Justices of both the Benches; and the Chief Baron in England and Ireland; the Commander in Chief of the Forces in Scotland, and such Officers of State there, as, by Act of Parliament; in Scotland, were to be approved by Parliament; and the Judges in Scotland, hereafter to be made; shall be approved of by both Houses of Parliament; and, in the Intervals of Parliaments, by the Council, to be afterwards approved by both Houses of Parliament:" And that this Clause be Part of the Petition and Advice.

Mr. Baron Parker reports from the same Committee, the Preamble and Conclusion committed to them, and by them amended: Which were read; and, upon the Question, agreed; and ordered to be Part of the Petition and Advice.

Another Clause was tendered to this Bill, to be inserted next after the Eighth Article, in these Words; "And also, that your Highness will be pleased to exercise your Government over these Nations, by the Advice of your Council, and not otherwise:" Which was read; and the Words "and Successors" being added, and the Words "and not otherwise" being omitted, by Order, upon the Question; the Clause, so amended, was agreed, and ordered to be Part of the Petition and Advice.

Resolved, That, in all Places in this Petition and Advice, the Word "Remonstrance" be omitted; and these Words, "Petition and Advice," be inserted.

Another Clause was tendered, to be added to this Petition and Advice in these Words; viz. "And that your Highness, and your Successors, will be pleased to take an Oath, in such From as shall be agreed by your Highness and this present Parliament, to govern these Nations according to the Law:" Which was read; and, upon the Question, agreed; and ordered to be Part of this Petition and Advice.

Another Clause was tendered to be added in these Words; "And, in case your Highness shall not be satisfied to give your Consent to all the Matters and Things in this humble Petition and Advice, that then nothing in the same be deemed of Force to oblige the People of these Nations in any the Particulars therein contained:" Which was read; and, upon the Question, agreed; and ordered to be Part of the Petition and Advice.

Resolved, That it be referred to the same Committee, to make the Connexion of this to the other Parts of the Petition and Advice; and to see the same ingrossed.