House of Commons Journal Volume 7: 20 June 1657

Saturday, 20th June, 1657.

Buildings.

THE House resumed the Debate upon the Bill for preventing Multiplicity of Buildings, &c.

A Proviso in Parchment was tendered to this Bill, in these Words; viz. "Provided always, and be it Enacted, by the Authority aforesaid, That it shall and may be lawful for Sir John Barkstead Knight, who did, in the Year of our Lord God 1647 purchase, of the Trustees for Sale of Bishops Lands, the Reversion of One Messuage, with the Appurtenances, situate in Shoe-Lane, in the Parish of Andrews, Holborne, within the Suburbs of the City of London, called Bangor-House, after a Term for Years yet unexpired, with some waste Ground thereunto belonging, containing in Length One hundred Sixty-eight Foot of Assize, and in Breadth from East to West, One hundred Sixty-four Foot of Assize, be the same more or less, with a Purpose to build thereupon, at the Expiration of the said Lease, the Building thereupon being the chief Advantage he expected to make by the said Purchase; and in that respect, having given much more than otherwise he would have done; the said Place being at present both dangerous and noisome to the Passengers and Inhabitants near adjoining: to erect and new-build such Messuages, Tenements, and Houses thereupon, as he shall think fit; the said . . . John Barkstead, his Heirs or Assigns, paying for so much of the said Buildings, as shall be erected upon new Foundations, into the Receipt of the Exchequer of his Highness the Lord Protector, and his Successors, to the Use of his Highness, and his Successors, within Two Months after such Building or Buildings erected, One Year's Value, at an improved Value, and full Rent:" Which was Twice read; and, upon the Question, ordered to be Part of the Bill.

A Clause, ingrossed in Parchment, was tendered to this Bill, in these Words; "And be it Enacted, by the Authority aforesaid, That all and every Owner and Occupier of any the Houses, Edifices, Out-houses, and Cottages, so built and continued as aforesaid, their Heirs, Executors, Administrators, and Assigns, and all and every other Person and Persons, Bodies Politick and Corporate, which now have, or hereafter shall have, any Right, Title, or Interest, of, in, or to, the said Houses, Edifices, Outhouses, and Cottages, shall, from and after the Payment and Satisfaction of such Fine and Fines, so to be set and imposed as aforesaid, be for ever acquitted and discharged of and from all Penalties, Forfeitures, Suits, Informations, Indictments, Prosecutions, and Molestations, whatsoever, of, for, or concerning the building or continuing the said Houses, Edifices, Out-houses and Cottages: And that the said Houses, Edifices, Out-houses, and Cottages, shall thenceforth for ever cease to be Nuisances, or to be reputed Nuisances, or be subject or liable to be demolished or abated as Nuisances; any Law, Statute, or Custom, to the Contrary notwithstanding:" Which was twice read; and, upon the Question, committed to Lord Whitelock, Mr. Fowell, Mr. Godfrey, Colonel Cock, Mr. Bampfeild: To withdraw presently; and bring it in forthwith.

Another Proviso in Parchment was tendered to this Bill, in these Words; "That where any Person who is an immediate Tenant, hath not so long Time in his Lease of any such House, as the said full improved Year's Rent shall be valued to amount unto, or hath paid his whole Year's Rent in a Fine, that in such Cases the said immediate Tenant shall be discharged, paying such Proportion thereof, as by the said Commissioners shall be judged meet for his Interest, therein; and the Residue shall be charged on the Lessor and Lessors thereof, according to their respective Interest, and recovered as by this Act is appointed:" Which was read the First time.

And the Question being put, That this Proviso be read the Second time;

It passed in the Negative.

Another Proviso in Parchment, was tendered to this Bill, in these Words; viz. "Provided always, and it is hereby Enacted, by the Authority aforesaid, That it shall and may be lawful to and for Robert Backhowse Esquire, his Heirs and Assigns, to build and erect Garden-Houses on a certain Piece or Parcel of Land, commonly called or known by the Name of Southwark Park, lying on the West Part of the Borough of Southwark in the County of Surrey, sold, by Authority of Parliament, as Parcel of the Possessions of the late Bishoprick of Winchester; the said Robert Backhowse, his Heirs and Assigns, laying, to every House so to be erected and built, One hundred and Forty Foot backwards for every Foot to the Front; and paying likewise for every such House so to be erected and built, like Fine as is imposed on others by this Act, who have built on new Foundations contrary to an Act of Parliament; any thing in this Act contained to the contrary thereof in any-wise notwithstanding:" Which was Twice read.

And the Question being put, That this Proviso be Part of the Bill;

It passed in the Negative.

Another Proviso was tendered to this Bill, in these Words; viz. "Provided always, That this Act, or any Clause therein contained, shall not hinder, or be any Impediment, but that the President and Governors of the Corporation for the Poor of the City of London, and Liberberties thereof, shall or may have Liberty to improve a small Parcel of Ground lying within the Walls of the Workhouse in the Monories without Algate, London, belonging to the said Corporation, by building, for the Increase of the Revenue to be employed for the Education of poor Children, and employing and relieving the Poor belonging to the said Corporation; anything in this Act to the contrary in any-wise notwithstanding:" Which was Twice read; and ordered, upon the Question, to be Part of the Bill.

Buildings.

Another Proviso was tendered to this Bill; "That this Act shall not extend to hinder any Person from enlarging their Dwelling-houses, by adding other Buildings thereunto, &c.:" Which was read the First time.

And the Question being put, That this Proviso be read the Second time;

It passed with the Negative.

Another Proviso was tendered to this Bill in these Words; viz. "Provided always, That this Act, nor any thing therein contained, shall debar or hinder the Mayor, Commonalty, and Citizens of London, or any their Tenants, from building any Houses upon that void Place, commonly called or known by the Name of Moreditch or Towneditch; paying One Year's Value, within One Month after the said Houses, or any of them, are built:" Which was read the First time.

And the Question being put, That this Proviso be read the Second time;

The House was divided.

The Yeas went forth.

So it passed in the Negative.

Another Proviso was tendered to this Bill in these Words; viz. "Provided always, and be it further enacted, by the Authority aforesaid, in respect of the Great Charge which John Earl of Clare hath been at in erecting of several new Buildings upon his Inheritance in Clement's-Inn Fields, in the Parish of Clement's Danes in the County of Middlesex, useful for an open and free Market; that, from henceforth, for-ever hereafter, on every Tuesday, Thursday, and Saturday in every Week, there shall be a common, open, and free Market held in Clement's-Inn Fields aforesaid, where the said Buildings, useful for a Market, are erected, and in the Places near thereunto adjoining; and to enjoy all Liberties, Customs, Advantages, and Emoluments, incident usually, and of Right belonging and appertaining, to Markets; and that the said Earl, his Heirs and Assigns, shall from time to time nominate and appoint a fit Person to be a Clerk of the common, open, and free Market:" Which was read the First time.

Resolved, That the said Proviso be read the Second time.

And the said Proviso was read the Second time, accordingly.-

The humble Petition of the Mayor, Aldermen, and Commons, of the City of London, was this Day read.-

The Question being put, That these Words, "and that the said Earl, his Heirs and Assigns, shall, from time to time, nominate and appoint a fit Person to be Clerk of the common, open, and free Market," be Part of this Proviso;

It passed with the Negative.

Resolved, That the said Proviso, so amended, be Part of the Bill.

Colonel Clerk reports from the Committee to whom the Proviso touching Seamen was referred, Another Proviso, in these Words; viz. "Provided that this Act, or any thing therein contained, shall not extend to the Imposing or Levying of any Fine or Penalty upon any House or Cottage below London-bridge, and within Two Furlongs of the River of Thames, which is the proper Interest of any Mariner, Ship-Carpenter, or Calker, they, or any of them, their Wives, Widows or Families, shall dwell or inhabit in the same; or whilst such Cottage or House shall remain untenanted; but that the said Houses and Cottages, and every of them, for and in respect of the said Right and Interest of the said Mariners, Ship-Carpenters, or Calkers, their Wives or Widows, or any of them, whilst they retain and inhabit the same, shall be freed and discharged from all Fines and Penalties by this Act imposed, or to be imposed:"

Which Proviso was read the First and Second time.

Resolved, That these Words, viz. "so as nothing in this Proviso extend to the Benefit of any other Person or Persons, save such Mariners, Ship-Carpenters, and Calkers, their Wives, and Widows," be added to this Proviso.

Buildings.

Resolved, That the said Proviso, so amended, be Part of the Bill.

Colonel Cock reports from the Committee to whom the Clause for freeing the Houses for which Fines shall be paid, from being Nuisances, or from any other Penalties, by reason of the Building thereof, Another Clause, in these Words; viz. "And be it Enacted, by the Authority aforesaid, That all and every Owner and Occupier of any the Houses, Edifices, Out-houses, and Cottages, built and continued as aforesaid, their Heirs, Executors, Administrators, and Assigns, and all and every other Person and Persons, Bodies Politick and Corporate, which now have, or hereafter shall have, any Right, Title, or Interest, of, in, or to the said Houses, Edifices, Outhouses, and Cottages, shall, from and after the Payment and Satisfaction of such Fine or Fines, so to be lett and imposed as aforesaid, be for ever acquitted and discharged of and from all Penalties, Forfeitures, Suits, Informations, Indictments, Prosecutions, and Molestations whatsoever, by, for, or in Behalf of the Commonwealth, of, for, or concerning only the building or continuing the said Houses, Edifices, Outhouses, and Cottages, only as to the building and continuing thereof, shall not be, after Payment as aforesaid, adjudged publick or common Nuisances, nor be subject or be liable to be demolished or abated as such; any Law, Statute, or Custom, to the contrary notwithstanding."

Which Proviso was read the First and Second time.

Resolved, That this Word, "already," and also these Words, viz. "or by this Act allowed to be built," be added to this Clause.

And the said Clause, so amended, being put to the Question, was agreed unto, and ordered to be Part of the Bill.

Another Proviso was tendered to this Bill, in these Words; viz. "Provided always, That Edward Hall, John Hall, John Kislingberry, Henry Sherborne, Roger Adey, Richard Tippin, John Phillips, and Mary Thomson, Widow, who have taken several Leases for One-and-forty Years of a certain Parcel of Ground in Stanhope-street, along a dead Wall, from the End of Blackmore-street to Maypole-lane, in the Parish of Clement-Danes, in the County of Middlesex, containing in Front in the said Street Two hundred and Six Foot, and in Depth about Sixty Foot; who, in their said Leases, bind themselves to build, upon the said Ground, substantial and strong Brick Houses, which will remove many Annoyances there, and make that Place more secure for Passengers; and have therefore disbursed great Sums of Money; this Act, or any thing therein contained, shall not extend, and be construed to extend to any Houses which shall, at any time before the First Day of October in the Year of our Lord 1658, be built by the said Edward Hall, John Hall, John Kizlingberry, Henry Sherborne, Roger Adey, Richard Tippin, John Phillips, and Mary Thomson, the respective Owners of the said Parcel of Ground; so as the said Edward Hall, John Hall, John Kizlingberry, Henry Sherborne, Roger Adye, Richard Turpin, John Phillips, and Mary Thomson, the Owners aforesaid, their Executors, Administrators, or Assigns, do, within One Mouth after the erecting of the said several and respective Houses or Buildings, satisfy and pay unto his Highness the Lord Protector, or his Successors, One full Year's Value of all and every the said Houses so to be built: And, in so doing, the said Owners shall have the same Benefit and Advantage of this Act, as if the said Houses were already built; any Law or Statute to the contrary notwithstanding."

Which was read the First and Second time.

And the Question being put, That this Proviso be Part of this Bill;

The House was divided.

The Yeas went forth.

So it was Resolved, That this Proviso be Part of this Bill.

Resolved, That the Word "Two" be inserted into the Bill, in that Clause wherein no Return of Houses are made.

Resolved, That the Word "Three" do stand in that Clause.

Resolved, That the Word "Six" be inserted, instead of the Word "Three."

Resolved, That the Word "Four," in the Eleventh Line of the Seventh Folio, be made "Five."

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

Resolved, That this Bill be tendered to his Highness the Lord Protector for his Consent.

Letter from the Protector.

A Letter from his Highness the Lord Protector to Mr. paker, of the Nineteenth of June 1657, was this Day read, touching the putting off the Adjournment of the Parliament till Wednesday, or Thursday.

Members not to depart.

Resolved, That no Member of this House do depart out of this Town from the Service of the House, without Leave of the House, until Friday next, upon the Penalty of Fifty Pounds.

Leave of Absence.

Resolved, That Sir Thomas Wrath have Leave to go out of Town on Tuesday next.

Money Matters, &c.

Resolved, That, during the Sitting of the House in the next Week, the Matters of Money and Matter of Settlement shall be first taken into Consideration; and nothing to intervene; and then ingrossed Bills to be read.

House to sit.

Resolved, That the House do sit the next Week, Forenoon and Afternoon.

Leave of Absence.

Resolved, That Colonel Purefoy have Leave to go into the Country on Thursday next.

House to sit.

The Question being put, That the House do sit this Afternoon;

The House was divided.

The Noes went forth.

Because it was against an Order formerly made, that the House should sit Forenoon and Afternoon.

So it was Resolved, That the House do sit this Afternoon.

Observation of Sunday.

Resolved, That the ingrossed Bill for the Sabbath be read this Afternoon, the first Business.

Post Meridiem.

Sir W. Dick's Children.

MR. Gorges reports from the Committee to whom the distressed Estate of Sir Wm. Dick's Children and Creditors is referred, The Opinion of the Committee, as followeth; viz.

THAT, unto the Pension of Three Pounds by the Week, now allowed by his Highness to Sir Andrew Dick, Son and Executor to Sir William Dick, and paid out of the Receipt of his Highness' Exchequer, be added the Sum of Two Pounds more, for the better Support of himself, and the large Family of the said Sir Wm. Dick; and so to continue, until the Report now depending before the House be made; and then all the respective Sums received, to be brought in, upon Account, by the Reporter: And that his Highness be desired by the Parliament to add it accordingly.

Also, That in regard all the real Estate of the said Sir Wm. Dick in Scotland, amounting to near Two thousand Pounds by the Year, is burdened with many Mortgages and Comprizes; whereby the whole Estate is and may be forfeited and lost, not only from the Family of Sir Wm. Dick, but from all his numerous Creditors, save only to hose that first comprized, which are very few.

That the House will be pleased to issue an Order to the Courts of Justice in Scotland, thereby requiring and commanding the Judges thereof to suspend and supersede all Declaratories and Process against the Estate of the deceased Sir Wm. Dick, till the End of the next Session of Parliament.

That an Order of this House be issued to his Highness' Council in Scotland, or any Two of them, to state, fit, and close the Accompts of publick Debts due to Sir Wm. Dick's Executors by the Nation of Scotland; and to report the same to the Parliament at their next Meeting; with their Opinions for the best and speediest Way for Satisfaction and Payment thereof.

That, in regard Sir Andrew Dick and Mr. Alexander, Sons of the said Sir Wm. stand bound, by Bond and otherwise, with their late Father, for divers considerable Sums lent unto England, which they are not able to satisfy, or any Part thereof; it is humbly offered, That the said Sir Andrew, and Mr. Alexander Dick, for the better Negotiating of their Affairs with their Creditors, That a personal Protection may be granted unto them from their Creditors till November next.

That likewise his Highness be desired to continue the Pension of Three Pounds weekly unto Mrs. English, one of the Creditors of the said Sir Wm. Dick, until the Report be made, for the Livelihood of herself, and Eleven Children.

That the House will be pleased, in respect of the great Extremity and Sufferings of the said Family, and the Creditors, to give the Report a speedy Day the next Session.

Ordered, That it be offered to his Highness, as the Desire of the Parliament, That his Highness will be pleased to issue his Warrant, authorizing and requiring the Commissioners of the Treasury, out of the Monies that are or shall come into his Highness' Exchequer, to satisfy and pay unto Sir Andrew Dick, Son and Executor of Sir Wm. Dick, deceased, the Sum of Forty Shillings weekly, to make up the Three Pounds a Week, formerly paid unto him, to make up the same Five Pounds weekly, for the better Support of himself, and the large Family of the said Sir Wm. Dick; and so to continue, until the Report now depending before the House be made.

Ordered, That the Courts of Justice in Scotland be required and commanded to suspend and supersede all Declaratories and Process against the Estate of Sir Wm. Dick, deceased, until the Twenty-fifth of March next.

Ordered, That his Highness' Council in Scotland, or any Two of them, do state, fit, and close the Accompts of publick Debts due to Sir Wm. Dick's Executors by the Nation of Scotland; and certify the same to the Parliament, at their next Meeting, with their Opinions.

Ordered, That Sir Andrew Dick and Mr. Alexander Dick, for their better Negotiating of their Affairs with their Creditors, be, and shall be hereby, protected from Arrests and Troubles, by any of their Creditors, until November next.

Ordered, That it be offered to his Highness, as the Desire of the Parliament, That his Highness will be pleased to continue the Pension of Three Pounds weekly unto Christian English, one of the Creditors of Sir Wm. Dick, for the Livelihood of herself and Eleven Children, until the Twenty-fifth of March next.

Resolved, That the Report in this Business be made the Second Tuesday in the next Meeting of the Parliament.

Observation of Sunday.

A Bill, intituled, An Act for the better Observation of the Lord's Day, was this Day read the Third time.

Some Exceptions being taken, that the Time limited for convicting an Offender is within Six Months;

And the Question being put, That these Words, "Six Months," do stand in that Place;

It passed in the Negative.

Resolved, That these Words, "One Month," be inserted in this Place.

A Proviso was tendered to this Bill, in these Words; viz. "Provided that this Act shall not extend to authorize or impower any Constable or Officer, without the special Warrant of one or more Justice or Justices of the Peace, to enter into any House upon Pretence of Execution of his or their Office, by virtue of this Act, other than into Taverns, Inns, Alehouses, Tobacco Shops, Victualing-Houses, or Tipling-Houses; any thing in this Act to the contrary notwithstanding."

Which was read the First and Second time.

The Question being put, That these Words, "or demand Entry," shall be added in this Proviso, next after the Word "enter;"

The House was divided.

So it was Resolved, That these Words, "or demand Entrance," shall be added to this Proviso, next after the Word "enter."

Resolved, That this Proviso, so amended, be Part of the Bill.

The Question being put, That these Words, "all profane and idle Sitting openly at Gates or Doors, or elsewhere," do stand in this Bill;

The House was divided.

The Yeas went forth.

So it passed in the Negative.

Resolved, That, in the Clause touching Walking in Church-Yards, the Word "Persons" be added; and, instead of "unnecessary" the Word "unnecessarily" be inserted.

Resolved, That, in the next Clause, the Word "Persons" be inserted; and that "by" be added to "vainly and profanely."

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

Resolved, That this Bill be presented to his Highness the Lord Protector for his Consent.

Leave of Absence.

Ordered, That Colonel Coker have Leave to go into the Country.

Ordered, That Mr. Berkley have Leave to go into the Country.

York, &c. Ministers.

Ordered, That it be referred to a Committee to bring in a Bill for the Maintenance of some Preaching Ministers in the Cities of York, Durham, and Carlisle, and the Town of Newcastle upon Tyne, and Town of Berwick upon Tweed, and in the other Towns and Places, according to an Ordinance of the Three-and-twentieth of April 1645.