House of Commons Journal Volume 7: 14 March 1660

Wednesday, 14th March, 1659.

Approbation of Ministers.

A BILL, ingrossed, for Approbation and Admittance of Ministers to publick Benefices and Lectures, was this Day read the Third time.

An Enacting Clause, ingrossed in Parchment, was tendered to this Bill, in these Words; viz. "And be it further Enacted and Ordained, That such Persons, or any Five or more of them, that the Commissioners in this Act named, from time to time, according to the Instructions mentioned in this Act, shall nominate and appoint in the respective Counties of England and Wales, for the Approving and Admitting of Preaching Ministers unto Livings, with Cure and Lectures, in their respective Counties, shall, from time to time, have Power and Authority, and are hereby authorized, to ordain Preaching Ministers in their respective Counties, according to the Form and Direction of an Ordinance of the Lords and Commons, in Parliament assembled, of the 29th of August 1648, intituled, "The Form of Church-Government, to be used in England and Ireland;" so as such Persons, nominated as aforesaid be ordained Ministers. And be it further Enacted and Ordained, That the publick Professors of Divinity, and the Divinity Lecturers, and the Heads of the Houses respectively, in the respective Universities of Oxford and Cambridge, or any Five or more of them, being Ministers ordained, shall, from time to time, have Power and Authority, and are hereby authorized, to ordain Preaching Ministers in the said respective Universities, according to the Form and Directions of the said Ordinance of the Lords and Commons of the 29th of August 1648. And be it further Enacted, That the said Ordinance of the 29th of August 1648, intituled, "The Form of Church-Government, to be used in England and Ireland," shall stand, and be in Force, and put in Execution."

Which was read the First and Second time.

Resolved, That this Clause be read the Third time.

The said Clause was read the Third time, accordingly.

Resolved, That these Words; viz. "and put in Execution;" be added in the End of this Clause.

Resolved, That this Clause be Part of this Bill.

Another Clause was tendered to this Bill, in these Words, viz. "And whereas, in the said Ordinance of Lords and Commons, bearing Date the 29th Day of August 1648, there was a Clause inserted, for the Dividing of the several Counties of England and Wales into distinct Classical Presbyteries, where they were not already divided; which was not put in Execution accordingly; by reason whereof that Work remains yet undone: Be it therefore Enacted, That the Commissioners, named in an Act for an Assessment of One hundred thousand Pounds by the Month, upon England, Scotland, and Ireland, for Six Months, bearing Date the 26th of January 1659, or any Five or more of them, of the several Counties of England and Wales, with the Assistance of such Ministers, and others, as they shall think fit, do forthwith meet, and consider, how their several Counties respectively may be most conveniently divided into distinct Classical Presbyteries, where they are not already divided; and what Ministers and others are fit to be of each Classis: And they shall accordingly make such Division and Nomination of Persons for each Classical Presbytery; which Divisions, and Persons so named for every Division, shall be certified by the said Commissioners to the Council of State: And that the Chancellors, Vice-Chancellors, and Heads of the Universities, do likewise consider, how the Colleges and Halls may be put in Classical Presbyteries; and to certify the same up to the Council of State: And that the said Certificates be made before the 29th Day of September next: Which said Council of State is required to approve and confirm the same, as they shall think fit, immediately upon Receipt of such Certificates; and cause the same to be registered by the Clerk of the Commonwealth in Chancery."

Which was read the First time.

Resolved, That this Clause be now read the Second time.

The said Clause was read the Second time, accordingly.

The Question being put, That these Words in this Clause; viz. "Commissioners named in an Act for an Assessment of One hundred thousand Pounds by the Month, upon England, Scotland, and Ireland, for Six Months; bearing Date the 26th Day of January 1659," do stand;

It passed with the Negative.

Resolved, That these Words; viz. "several Justices of Peace in the respective Counties, Cities, and Places, within England and Wales;" be inserted, instead of the former Clause.

Resolved, That, instead of "the Council of State,"

"Lord Keeper, or Lords Commissioners for Custody of the Great Seal, for the Time being," be inserted: And that, instead of the Word "Parliament," these Words, "Commonwealth in Chancery," be inserted.

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

A Proviso, ingrossed in Parchment, was tendered to this Bill, in these Words; viz. "Provided also, and be it hereby Enacted, That the Courts in which such Suits shall be, are hereby respectively enabled to award any Writ to the Sheriff of the County where such Benefice or Lecture shall be, for the putting of any Clerk into Possession, as heretofore they might have done to any Bishop or Metropolitan."

Which was read the First and Second time; and ordered to be Part of the Bill.

The Question being propounded, That Doctor Lazarus Seaman be added an Approver in this Bill;

And the Question being put, That this Question be now put;

It passed with the Negative.

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

Ordered, That this Bill be printed and published.

Members Qualifications.

The House resumed the Debate upon the Qualifications.

Resolved, That these Words; viz. "and his or their Sons;" be added in the Second Qualification, next after the Words "One thousand Six hundred Forty-one."

The last Resolve was read; and laid aside.

Resolved, That he which shall enter into the Parliament, who is not qualified as aforesaid, shall be deemed no Knight, Citizen, Burgess, nor Baron for the Parliament, nor shall have any Voice; but shall be, to all Intents, Constructions, and Purposes, as if he had never been returned nor elected Knight, Citizen, Burgess, or Baron, for the Parliament; and shall suffer such Pains and Penalties, as if he had presumed to sit in the same without Election, Return, or Authority.

The House adjourned till Three Clock, Afternoon.

Wednesday, 14th March, 1659; Afternoon.

Customs, &c.

ORDERED, That the Report concerning the Customs and Prizes be made To-morrow Morning, the first Business.

Writs for Cinque Ports.

Mr. Lechmere reports from the Committee appointed to draw a Clause touching directing Writs for Electing of Barons of the Cinque Ports: Which Clause was read the First and Second time; and, upon the Question, agreed unto; and ordered to be Part of the Bill.

Calling a new Parliament.

Mr. Pryn tendered to the Parliament several Clauses; which he drew up by Direction of the Committee to whom the Bill for Calling and Holding of a Parliament at Westminster, the 25th of April 1660, was referred: Which Clauses were read the First time.

Resolved, That these Clauses be read the Second time.

The said Clauses were read the Second time, accordingly.

Resolved, That these Clauses be committed unto Sir Richard Onslow, Colonel Martin, Mr. Pryn, Sir Harbottle Grimston, Mr. Annesley, Mr. Serjeant Twisden, Serjeant Maynard, Mr. Long, Serjeant Glyn, Lord St. John, Mr. Solicitor-General, Colonel White, Sir Wm. Lewis: or any Three of them.

Maj. Creed.

Mr. Annesley reports from the Council of State, That the Council having given Directions for the Securing of Major Creed, in order to publick Safety; and being informed by a Letter, this Night read, that he was withdrawn from his House, and by the likeliest Conjecture, come up to London, having been seen, not many Days before, upon the Road, as far as Stoney-Stratford: And that having caused Inquiry to be made after Colonel Cobbett, and Colonel Ashfeild, they received an Account, That their Places of Abode could not be heard of: Which Three are of the Number of those Officers, who by the Order of Parliament were confined to their Dwellings most remote from London: And that the House be humbly moved to declare their Pleasure, What further Proceedings the Council shall make in these, or other Cases of the like Nature.

Suspected Persons.

The Question being propounded, That the Council of State be, and are hereby, authorized to issue forth Proclamations, at any time between This and the 25th of April 1660, against such Persons as they shall find dangerous to the Peace and Safety of the Commonwealth; who absent themselves from their Dwellings and Places of their Habitation; to summon them to appear before them at a certain Day, under such Penalties as the Case shall require, and as the Council of State shall think fit, to answer such Matters as shall be objected against them, by the Council of State;

And the Question being put, That, instead of these Words; viz. "between This and the 25th of April 1660;" these Words; viz. "until the First Sitting of the next Parliament;" be inserted; It was

Resolved, That instead of these Words; viz. "between This and the 25th of April 1660;" these Words; viz. "until the First Sitting of the next Parliament;" be inserted.

And the main Question, so amended, being put to the Question; It was agreed unto: And

Resolved, That the Council of State, be, and are hereby, authorized to issue forth Proclamations, at any time, until the First Sitting of the next Parliament, against such Persons as they shall find dangerous to the Peace and Safety of the Commonwealth; who absent themselves from their Dwellings and Places of their Habitation; to summon them to appear before them, at a certain Day, under such Penalties as the Case shall require, and as the Council of State shall think fit, to answer such Matters as shall be objected against them by the Council of State.

Resolved, That this be added an Instruction to the Council of State.

Countess of Worcester.

An Act for settling Worcester-House in the Strond upon Trustees, for the Use of Margaret Countess of Worcester, during the Life of Edward Earl of Worcester; and also such Monies as are due to the said Earl or Countess, from Barnaby Earl of Thomond; was this Day read the First time.

Ordered, That the Pension of Six Pounds a Week, formerly ordered to Margaret Countess of Worcester, be continued until the Parliament take further Order; and that the same be forthwith paid, with all Arrears thereof, from the Time of the granting thereof unto her the said Margaret Countess of Worcester, or her Assigns, out of the Contingencies of the Council of State: And that the Council of State be, and are hereby, authorized and required forthwith to pay the same, accordingly: And that the Council of State be repaid the said Money out of the publick Revenue of the Exchequer.

Ordered, That the Possession of Worcester-House in the Strond, in the County of Middlesex, be forthwith delivered up to Margaret Countess of Worcester: And the Council of State are hereby authorized and required, to take care, that the Possession of the said House be delivered up to her, or her Assigns, accordingly.

Lancaster, County Palatinate.

The Lord Chief-Baron reports, Amendments to the Bill for Reviving of the Court of the Duchy-Chamber of Lancaster, at Westminster: Which were twice read.

Resolved, That Sir Gilbert Gerrard be Chancellor of the Duchy of Lancaster.

Resolved, That Nicholas Lechmere Esquire be Attorney of the Duchy of Lancaster.

The said Amendments, being put to the Question, were agreed unto.

And the said Bill, so amended, was, upon the Question, passed.

Chamberlain of Chester.

The Lord Chief-Baron also reports, A Bill for Restoring of Wm. Lenthall Esquire, Speaker of the Parliament, Chamberlain of Chester: Which was this Day read the First and Second time; and, upon the Question, passed.

Judicial Appointments.

Resolved, That Thomas Waller Serjeant at Law be, and is hereby, constituted and appointed Chief-Justice of Chester, and Justice of Denbigh, Montgomery, and Flint; to hold the same, so long as he demeaneth himself well, in as large, ample, and beneficial Manner, to all Intents and Purposes, as any other Person or Persons formerly had, held, and enjoyed the same: And that a Patent, in usual Form, be passed to the said Serjeant Thomas Waller accordingly: And that Mr. Speaker do sign a Docket, for passing a Patent to the said Serjeant Waller: And that the Commissioners for Custody of the Great Seal of England do pass the said Patent, under the Great Seal of England accordingly.

Judicial Appointments.

Resolved, That Evan Seys Serjeant at Law be, and is hereby, constituted and appointed Justice of the Three Counties of North-Wales, viz. Anglesey, Carnarvon, and Merioneth; to hold the same, so long as he demeaneth himself well, in as large, ample, and beneficial Manner, to all Intents and Purposes, as any other Person or Persons formerly had, held, and enjoyed the same: And that a Patent, in usual Form, be passed to the said Serjeant Evan Seys, accordingly: And that Mr. Speaker do sign a Docket, for passing a Patent to the said Serjeant Seys: And that the Lords Commissioners for Custody of the Great Seal do pass the said Patent, under the Great Seal of England, accordingly.

Resolved, That Wm. Jones Esquire be, and is hereby, constituted and appointed Justice of the Three Counties of Anglesey, Carnarvon, and Merioneth; to hold the same, so long as he demeaneth himself well, in as large, ample, and beneficial Manner, to all Intents and Purposes, as any other Person or Persons formerly had, held, and enjoyed the same: And that a Patent be passed, in usual Form, to the said Wm. Jones, accordingly: And that Mr. Speaker do sign a Docket for passing a Patent to the said Wm. Jones: And that the Lords Commissioners for Custody of the Great Seal do pass the said Patent, under the Great Seal of England, accordingly.

Resolved, That Wm. Foxwist Esquire be, and is hereby, constituted and appointed Justice-Associate for Chester, and the other Justice for the Three Counties of Denbigh, Montgomery, and Flint; to hold the same, so long as he demeaneth himself well, in as large, ample, and beneficial Manner, to all Intents and Purposes, as any other Person or Persons formerly had, held and enjoyed the same: And that a Patent be passed in usual Form, to the said Wm. Foxwist, accordingly: And that Mr. Speaker do sign a Docket for passing a Patent to the said Wm. Foxwist: And that the Lords Commissioners for Custody of the Great Seal do pass the said Patent, under the Great Seal of England, accordingly.

Resolved, That John Corbett Esquire be, and is hereby, constituted and appointed Justice of the Three Counties of Glamorgan, Brecknock, and Radnor; to hold the same, so long as he demeaneth himself well, in as large, ample, and beneficial Manner, to all Intents and Purposes, as any other Person or Persons formerly had, held, and enjoyed the same: And that a Patent be passed, in usual Form, to the said John Corbett, accordingly: And that Mr. Speaker do sign a Docket for passing a Patent to the said John Corbet: And that the Commissioners for Custody of the Great Seal of England do pass the said Patent, under the Great Seal of England, accordingly.

Resolved, That Bennet Hoskins Esquire be, and is hereby constituted and appointed Justice of the Three Counties of Carmarthen, Cardigan, and Pembroke, the Town and County of Haverford-West, and the County Borough of Carmarthen; to hold the same, so long as he demeaneth himself well, in as large, ample, and beneficial Manner, to all Intents and Purposes, as any other Person or Persons formerly had, held, and enjoyed the same: And that a Patent be passed, in usual Form, to the said Bennet Hoskins, accordingly: And that Mr. Speaker do sign a Docket for passing a Patent to the said Bennet Hoskins: And that the Commissioners for Custody of the Great Seal of England do pass the said Patent, under the Great Seal of England, accordingly.

Resolved, That Thomas Manby Esquire be, and is hereby, constituted and appointed the other Justice of the Three Counties of Carmarthen, Cardigan, and Pembrooke, and Town and County of Haverford West, and the County-Borough of Carmarthen; to hold the same, so long as he demeaneth himself well, in as large, ample, and beneficial Manner, to all Intents and Purposes, as any other Person or Persons formerly had, held, and enjoyed the same: And that a Patent, in usual Form, be passed to the said Thomas Manby, accordingly: And that Mr. Speaker do sign a Docket for passing a Patent to the said Thomas Manby: And that the Commissioners for Custody of the Great Seal of England do pass the said Patent, under the Great Seal of England, accordingly.

Resolved, That John Ratcliffe Esquire be, and is hereby, constituted and appointed the other Justice of the Three Counties of Glamorgan, Brecknock, and Radnor; to hold the same, so long as he demeaneth himself well, in as large, ample, and beneficial Manner, to all Intents and Purposes, as any other Person or Persons formerly had, held, and enjoyed the same: And that a Patent, in usual Form, be passed to the said John Ratcliffe, accordingly: And that Mr. Speaker do sign a Docket for passing a Patent to the said John Ratcliffe: And that the Lords Commissioners for Custody of the Great Seal do pass the said Patent, under the Great Seal of England, accordingly.

Bastwick's Pension.

Ordered, That the Pension of Forty Shillings a Week, formerly ordered to Mrs. Susanna Bastwick, Widow of John Bastwick Doctor of Physick, deceased, be allowed and continued unto the said Mrs. Bastwick, and forthwith paid unto her, or her Assigns, with all Arrears thereof, out of the Receipt of the publick Exchequer, as it hath been formerly, for her Subsistence: And that the Auditor of the said Receipt of the publick Exchequer do pass Debentures for the said Pension, from time to time, according to the ancient Usage and Practice of the said Receipt of the Exchequer: And the Council of State are hereby impowered and authorized to give Order for the Payment thereof, accordingly: And that the Acquittance or Acquittances of the said Mrs. Bastwick, or her Assigns, testifying the Receipt thereof, shall be their sufficient Discharge in that Behalf.

Countess of Worcester.

A Bill impowering the Trustees for Sale of Lands forfeited to the Commonwealth for Treason, to convey Worcester-House to Trustees, in Trust for Margaret Countess of Worcester, was this Day read the First and Second time; and, upon the Question, passed.

Calling a new Parliament:

Mr. Annesley reports from the Committee appointed to withdraw, Amendments to the Clause tendered to the Bill for Calling and Holding of a Parliament at Westminster, the 25th of April 1660: Which were twice read; and, upon the Question, agreed unto.

Ordered, That this Bill be ingrossed.

Ordered, That it be referred to Mr. Attorney-General, Mr. Annesley, Colonel Morley, Mr. Leehmere, Mr. Foxwist, Mr. Say, Mr. Oxenden, Serjeant Glyn, Sir Edward Partridge; or any Three of them; presently to withdraw, and prepare a Clause for directing the Writs for Election of Members to serve in Parliament, for the Cinque-Ports; with the saving of all Men's Rights.

Cmmrs of Assessment.

Ordered, That Colonel Phillip Jones, Evan Seys Serjeant at Law, Colonel Rowland Dawkins, John Price, Evan Lewis, Robert Thomas, and John Bowen, Esquires, be, and are hereby, nominated and appointed Commissioners for the Assessment for the County of Glamorgan: And that they, and every of them, be, and are hereby, impowered and authorized to sit and act, as Commissioners for the Assessments, as fully, to all Intents and Purposes, as if they had been named in the Act, intituled, An Act for an Assessment of One hundred thousand Pounds by the Month, upon England, Scotland, and Ireland, for Six Months.