House of Commons Journal Volume 8: 16 August 1660

Thursday, August 16th, 1660.

Prayers.

Relief of Soldiers.

ORDERED, That Mr. Ashby, the Treasurer of Ely House, do, instead of Sir Gilbert Gerrard, receive the Two thousand Pounds, for the Use of the Poor of Ely House, and the Savoy; and that the Order of Yesterday be amended accordingly.

Col. King to carry the Order to the Lords.

He carried the said Order accordingly; and brings Answer, that the Lords do agree thereunto.

Gargrave's Estate.

A Bill for making void a Lease made by the Lady Catherine Gargrave, to Sir John Danvers, was this Day read the Second time; and, upon the Question, committed to Mr. Goodrick, Sir Anthony Irby, Mr. Knightley, Col. King, Mr. Francis Bacon, Sir An. Ashley Cooper, Mr. Pryn, Mr. Allen, Sir Robert Pye, Sir John Northcot, Sir Lancelot Lake, Serjeant Hales, Sir John Temple, Mr. Williams, Mr. Nath. Bacon, Mr. Trevor, Sir Henry Yelverton, Mr. Clifford, Mr. Gurdon, Sir Geo. Reeve, Sir Richard Browne, Sir Gilbert Gerrard, Sir Solomon Swale, Sir Wm. Wheeler, Sir Wm. Doyley, Mr. Rainsford, Mr. Hinson: And they are to meet this Afternoon, at Two of the Clock, in the Speaker's Chamber.

Marquis of Winchester's Estate.

Ordered, That the Bill, sent down from the Lords, concerning the Marquis of Winchester, be read the Second time To-morrow.

Judicial Proceedings.

Serjeant Glyn reports from the Committee to whom the Amendments and Provisoes, sent from the Lords, upon the Bill for judicial Proceedings, was referred; that they conceive the said Amendments and Provisoes were for the better.

The Second Amendment was read; viz. 4th Line, after the Word "Recognizances," and before the Word "Inquisition," leave out the Words "Inrollments, Exemplifications," and add these Words "nor Inrollments of any Deeds, or Wills, or of any such Fines, Proclamations, Recoveries, Verdicts, Judgments, Statutes, or Recognizances, nor any Exemplifications of them, nor any of them, nor any;" and, upon the Question, agreed unto.

The Third Amendment was read; viz. 5th Line, after the Word "Decrees," leave out the Words "not vacated, cancelled, reversed, or otherwise avoided;" and, upon the Question, was agreed unto.

The 4th Amendment; viz. 7 Line, leave out the Word "Acts," was read; and, upon the Question, agreed unto.

The 5th Amendment, viz. 10th Line, after the Word "Exchequer," and before the Word "sitting," put in the Words "and Courts of Exchequer Chamber, or any of them," was read; and, upon the Question, agreed unto.

The 6th Amendment; viz. 12 Line, after the Word "Lancaster," and before the Word "or," leave out these Words, "or in the Courts of the Isles of Jersey or Guernsey," was read; and, upon the Question, agreed unto.

The 7th Amendment; viz. 18 Line, after the Word "Process," and before the Word "Proceedings," put out the Word "or," and after the Word "Proceedings," and before the Word "thereupon," put in the Words "nor Executions," was read; and upon the Question, agreed unto.

The 8th Amendment; viz. 49 Line, after the Word "Silver," and before the Word "and," put in these Words, "and without Entry, or due Entry of any Summons, given to the Party for the Concord," was read; and, on the Question, agreed unto.

The 9th Amendment; viz. 52 Line, after the Word "Fines," and before the Word "and," put in these Words, "and Proclamations thereupon," was read; and, on the Question, agreed unto.

The 10th Amendment; viz. 54 Line, after the Word "Fines," and before the Word "Recoveries," put in these Words, "Proclamations, of Fines," was read; and, on the Question, agreed unto.

The 11th Amendment; viz. 7 Line, after the Word "one," and before the Word "there," put in these Words, "and before the 25th Day of April, in the Year of our Lord 1660," was read; and, upon the Question, agreed unto.

The 12th Amendment; viz. 11th Line, after the Word "one," and before the Word "diverse," put in these Words, "and before the said 25th Day of April, in the Year of our Lord 1660," was read; and, upon the Question, agreed unto.

The 13th Amendment; viz. 12th Line, after the Word "Majesty," and before the Word "were," put in these Words, "or to the late King," was read; and, upon the Question, agreed unto.

The 14th Amendment; viz. 25 Line, after the Word "Sales," and before the Word "made," put in the Words "or Estates," was read; and, upon the Question, agreed unto.

The 15th Amendment; viz. 25th Line, after the Word "Act," and before the Word "or," put in the Word "Order," was read; and, upon the Question, agreed unto.

The 16th Amendment; viz. 26 Line, after the Word "Act," and before the Word "or," put in the Word "Order," was read; and, upon the Question, agreed unto.

The 17th Amendment; viz. 40th Line, after the Word "otherwise," and before the Word "and," put in these Words "other than such Recognizances, Obligations, and Securities, as have been made, or given, to any the pretended Powers or Persons aforesaid, or to any deriving, or pretending to derive, Authority from them, by any Person, or Persons, for or by reason of their Adherence to his Majesty, or his said late Royal Father; or relating to, or arising only upon, or in respect of, the late Troubles; all which are hereby declared to be void, and to be delivered up, to be cancelled;" was read; and, upon the Question, agreed unto.

The 18th Amendment; viz. 42 Line, after the Word "discharged," and before the Word "shall," put in these Words, "other than as aforesaid," was read; and, upon the Question, agreed unto.

The 19th Amendment was read; viz. 44th Line, after the Word "Successors," and before the Word "Provided," put in these Words, "and also, excepting all Obligations, Bonds, or Recognizances, entered into by any Person, or Persons, by Order or Direction of any Council of State, Major Generals, or any other inferior Officers; all which Obligations, Bonds, and Recognizances, are hereby discharged, and declared to be null, and void, to all Intents and Purposes:"

Resolved, That after the Word "Major Generals," in the 5th Line of the Amendment, the Word "Decimators," be added.

Resolved, That instead of the Words "or any other inferior Officers," these Words be inserted; viz. "or any Officer or other Person under them, or any other military Power."

Resolved, That after the Words "Recognizances entered into," these Words be inserted, viz. "to the said Keepers or Protectors, or any of them."

Resolved, That after the Words "Council of State," these Words be added, viz. "the late pretended Committee of Safety."

The 20th Amendment; viz. 49 Line, before the Word "charitable," put in the Words, "or of," was read; and, on the Question, agreed unto.

The First Proviso from the Lords was read; and is as followeth;

"Provided always, and be it further Enacted, by the Authority aforesaid, That no Fine or Fines, Judgment or Judgments, hereby made good or confirmed, shall extend, or be construed to bar or prejudice any Person or Persons, their Heirs or Successors, or their Feoffees or Trustees (other than the Parties to the said Fines, and their Heirs) as concerning such Right, Claim, and Interest, as they had in or to any Lands, Tenements, or other Hereditaments, which, by colour of any Act, Order, or Ordinance of both, or either Houses of Parliament, since the First Day of May, in the Year of our Lord 1642, and before the 25th Day of April, in the Year of our Lord 1660, were sold, conveyed, or disposed, as then, or late, the Lands, Tenements, or Hereditaments, of the King, Queen, or Prince; or of Archbishops, Bishops, Deans, Deans and Chapters, or other Ecclesiastical Persons; or as the Lands, Tenements, or Hereditaments, of any other Persons, for their Adherency to the late King, or his Majesty that now is; or for any their Actings relating to, or in respect of, the late Troubles; so always that the said Person or Persons aforesaid, their Heirs or Successors, pursue their Title, Claim, or Interest, by way of Action, or lawful Entry, within Five Years next after the Nine-and-twentieth Day of May, in the Year of our Lord 1660."

Resolved, That in the Second Line, after the Word "Fines," and before the Word "hereby," these Words, "Judgment or Judgments," be admitted.

Resolved, That in the Fifth Line, after the Word "Heirs," and before the Word "as," these Words, viz. "General, and Special, and his and their Trustees," be added.

Resolved, That in the Seventh Line, after the Word "Parliament," and before the Word "since," these Words be added; viz. "or any Convention sitting at Westminster, under the Name or Style, or assuming the Name or Style, of a Parliament."

Resolved, That this Proviso, so amended and altered, be agreed unto.

The Second Proviso, sent from the Lords, was read; and is as followeth; viz.

"And although, in this Confirmation of judicial Proceedings, it was necessary to mention divers pretended Acts and Ordinances, by the Names and Styles which those Persons then usurped who took upon them to pass the same, namely, some by the Style and Name of the Keepers of the Liberty of England, by Authority of Parliament; and others by the Name and Style of Protectors of the Commonwealth of England, Scotland, and Ireland, and the Dominions and Territories thereunto belonging; yet this present Parliament doth declare, and it is Enacted by Authority of the same, That the Names and Styles aforesaid, and every of them, are most rebellious, wicked, traiterous, and abominable Usurpations; detested by this present Parliament, as opposite, in the highest Degree, to his Sacred Majesty's most just and undoubted Right; to whom, and to his Heirs, and lawful Successors, the Imperial Crowns of the Realms of England, Scotland, and Ireland, with their, and every of their Dominions and Territories, do of Right appertain; and as violating and infringing the just Rights and Privileges of Parliament, and of both Houses thereof, now assembled, or that hereafter shall be called and assembled:"

Resolved, That this House doth agree with the Lords in this Proviso.

The Third Proviso, sent from the Lords, was read; and is as followeth:

"Provided always, That this Act extend not to confirm, and make good and valid, in Law, any pretended Indictment or Indictments, Outlawries, Inquisitions, or any Proceedings thereon, of High Treason, against any Person or Persons whatsoever, for levying War against the late Tyrant Oliver Cromwell, the pretended Keepers of the Liberty of England, or any other usurped Power; but that all such Indictments, and all other the Proceedings thereon, shall be void, and of none Effect in Law; this Act, or any thing therein contained to the contrary in any wise notwithstanding:"

Resolved, That in the First Line, after the Words "Provided always," these Words, viz. "And be it Enacted," be added.-

Ordered, That it be referred back to the Committee, to consider of a Clause to be added upon this Day's Debate, concerning Inquisitions taken at Oxford; and to report it to the House.-

Resolved, That in the First Line, after the Word "that," and before the Word "pretended," in the Second Line, these Words, viz. "this Act extend not to confirm, and make good and valid, in Law, any," be omitted; and that, in the room thereof, these Words, viz. "all and every," be inserted.

Resolved, That in the Third Line, after the Word "Inquisitions," and before the Word "Proceedings," these Words, viz. "or any," be omitted; and that, instead thereof, these Words, viz. "and all," be inserted.

Resolved, That in the Sixth Line, after the Word "Power," and before the Words "shall be," these Words, viz. "but that all such Indictments, and other Proceedings thereupon," be omitted; and that, in the room thereof, these Words, viz. "shall be from henceforth," be inserted.

Resolved, That in the Seventh Line, after the Word "Law," these Words, viz. "this Act, or any thing therein contained to the contrary in any wise notwithstanding," be omitted.

Ordered, That it be referred back to the Committee, to amend the Clauses according to the present Debate of the House.

He also reports an additional Clause thereunto, viz.

"And that all Grants, Conveyances, Leases, Devises, Assurances, Statutes, Recognizances, and Judgments for Debts, or Damages, heretofore had, made, or suffered, by any Person, or his Heirs, whose Conviction, Utlagary, or Attainder, is, by this Act, discharged, or made void, shall be of the same Force and Effect, as if no such Conviction, Outlawry, or Attainder, had been."

Ordered, That Serjeant Maynard, Serjeant Glyn, Mr. Mountague, Mr. Wingfeild, Mr. Huxley, Serjeant Hales, Mr. Allen, Sir Edward Turner, Sir Henage Finch, be a Committee, to withdraw, and consider of the said additional Clause, and of what was further offered upon the Debate.

Anniversary of the Restoration.

The Bill for the perpetual Anniversary Thanksgiving on the Twenty-ninth Day of May, being ingrossed in Parchment, was read the Third time.

Resolved, That after these Words, in the * Line, * "Examination in," the Word "to" be inserted.

Resolved, That the Title of this Bill be, An Act for a perpetual Anniversary Thanksgiving on the Twenty-ninth Day of May.

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

Ordered, That Mr. Pryn do carry this Bill to the Lords.

Lords desire a Conference.

A Message from the Lords, by Mr. Justice Atkins and Mr. Justice Twisden;

The Lords have commanded us to signify unto you, that they desire a present free Conference with you, in the Painted Chamber, concerning the Act of Indemnity.

Resolved, That there be a Conference with the Lords, as is desired.

Resolved, That Mr. Pryn do desire the Lords to grant a free Conference upon the Poll Bill.

The Messengers were again called in; and Mr. Speaker gave them this Answer;

The House has considered of your Message; and they do agree to a Conference.

Ministers.

Ordered, That the Debate upon the Bill touching Ministers be resumed To-morrow Morning, the first Business.

Anniversary of the Restoration.

Mr. Pryn brings Answer, that he had delivered to the Lords the Bill for the perpetual Anniversary: And also acquainted them with the Desire of this House, of a free Conference with them upon the Poll Bill: And that the Lords do agree to a present Conference.

Ordered, That those who managed the last Conference, be the Committee to manage this Conference with the Lords: And that Sir George Reeve, Sir Tho. Widdrington, Mr. Secretary Morris, Sir Wm. Doyley, Sir Anthony Ashley Cooper, and Mr. Allen, be added to that Committee.

Ecclesiastical Leases.

Col. King reports a Bill for restraining Archbishops, Bishops, Deans, and other Ecclesiastical Persons, from making of Leases or Grants of any Manors, Lands, or Tithes, belonging to them, their Churches, or Offices: Which was read the First time.

Resolved, That this Bill be read the Second time To-morrow Morning.

Excise.

Col. Birch reports from the Committee to whom it was referred, Amendments to the Bill for continuing of the Excise till the Twenty-fifth of December 1660: Which he read, and opened in his Place; and, after, the same were read, by the Clerk, the First and Second time.

Pardon and Oblivion.

Resolved, That the Report of the Conference, had with the Lords this Day, concerning the Act of General Pardon, Indemnity, and Oblivion, be made To-morrow Morning.

Excise.

Ordered, That next after the Report of the Conference with the Lords, concerning the Bill of Indemnity, the Debate concerning the Excise Bill be re-assumed; and, till then, the same is adjourned.

Advances for the Public.

Mr. Annesley reports from the Committee to whom several Matters in reference to his Majesty's Reception were referred, a Particular of all such Warrants as are charged by the said Committee, for Satisfying the Persons who have furnished Provisions, or done Work, in order to his Majesty's Reception; and the respective Payments thereby charged, amounting to Seventeen thousand Five hundred Eighty-seven Pounds Seven Shillings Four-pence Halfpeny; and the Desire of the said Committee, that after Satisfaction of the said Sum, the Residue may be employed for satisfying the Persons mentioned in the first List annexed to the said Report, being for Monies which they find themselves in a special Manner engaged to endeavour to be satisfied, the Persons being employed under them in the Time of their late being of the Council of State, and are comprehended all but the Three last Sums, in the Warrants of the said late Council of State, formerly reported to this House, and by them approved: Which said first List was read; amounting, in the Whole, to Two thousand Five hundred Twenty-five Pounds One Shilling Eight-pence; and is as followeth; viz.

Resolved, That this House doth approve of the Warrants, charged by the said Committee, for satisfying the Persons who have furnished Provisions, or done Work, in order to his Majesty's Reception; the respective Payments thereby charged; and of the Assignment of the several Sums of Money therein contained: And it is further Ordered, That the Residue of the said Twenty thousand Pounds, over and above the Provisions and Work aforesaid, be applied for satisfying of the Two thousand Five hundred Twenty-five Pounds One Shilling Eight-pence, contained in the said first List; and be forthwith paid and satisfied to the several and respective Persons in the said List named, or their Assigns, according to the several Sums added to the respective Names: And the said Committee be and are hereby impowered and authorized to issue out Warrants, for the present Payment of the said respective Sums to the several and respective Persons aforesaid, or their Assigns accordingly.