House of Commons Journal Volume 8: 25 August 1660

Saturday, August 25th, 1660.

Prayers.

Doe's Estate.

A BILL for confirming to Charles Doe the Manor of Hitcham, to him sold by John Clarke, was read the Second time; and, upon the Question, committed unto Mr. Pedley, Sir Richard Onslow, Sir John Northcot, Mr. Charlton, Colonel Shapcot, Mr. Knightley, Sir Wm. Wheeler, Mr. Bunckley, Mr. Huxley, Sir Anthony Irby, Mr. Rainsford, Mr. Walpoole, Sir Wm. Windham, Mr. Eyres, Mr. Wingfeild, Mr. Annesley, Sir Henry North, Mr. Crowtch, Mr. Thomas, Mr. Chaffe, Sir Edward Rossiter, Colonel Jones, Mr. Hobby, Mr. Minors, Colonel Gerrard, Mr. Collins, Sir Tho. Clergis, Mr. Lowther, Mr. Rowse, and all the Knights and Burgesses, that serve for the County of Bucks: And they are to meet in the Speaker's Chamber, on Monday next, at Two of the Clock in the Afternoon; and they have Power to send for Persons, Papers, Writings, Witnesses, and all the Parties; and what else may conduce to the Business; and they are to hear all Persons concerned.

State of the Army.

Sir Wm. Doyley reports from the Committee for the Army, the State of the Army, as to the Charge of the monthly Pay; and the Arrears incurred since the 29th of May last.

Disbanding the Army.

Resolved, That the Commissioners for the Army do attend the Lord General, and advise with him about the most commodious Way for disbanding the Army; and touching other Matters necessary to be proposed, in order thereunto; and how the Revenue designed to that End may be best improved, to the Purposes for which it is intended: And they are to desire the Lord General, as the Sense of this House, that, after this Day, no new Officers or Soldiers be entertained into the room of any that shall die, or be removed; and, upon the Whole, they are to make Report to this House.

Resolved, That the Commissioners for the Army be and hereby are impowered, to consider of the best Way for getting in of Money, towards disbanding of the Army; and, from time to time, to report their Opinion to this House.

Dunkirke.

Sir Thomas Clergis reports from the Committee, to whom the Consideration of an Establishment for the Garison of Dunkirke is referred, the Opinion of the said Committee, that the Forces in the Garison of Dunkirke consist of Three thousand Six hundred Foot; to be put into Two Regiments; each Regiment to consist of Eighteen hundred Men, to be divided into Twelve Companies; and each Company to consist of One hundred and Fifty:

That there be also One Regiment of Horse, to consist of Four hundred Thirty-two; to be divided into Six Troops; each Troop consisting of Seventy-two, besides Officers; and that the Lord General be appointed to model the said Forces, to the said Numbers, accordingly:

That the Pay and Entertainment of the Governor, and all the Officers and Soldiers, of the said Garison, be according to the annexed Establishment; and that they be paid out of the Moiety of the whole Excise of Beer and Ale: And

That, for the present necessary Accommodation of the Soldiers in the said Garison, Money be advanced for providing One thousand Chaldron of Coals, for the Guards, and the Soldiers in their Huts; the Governor to abate and deduct out of their Pay what is spent in the Huts: And

That One hundred Centinel Guards, and Five hundred Pair of Bend-leather Holsters, be furnished out of the Stores; and the Lord General be desired to give Order accordingly for them: And

That, for the Settlement of the Establishment of the said Garison, and the Pay of the Forces, an Act be prepared, and presented to this House.

He also reports an Establishment for the said Garison.

Resolved, That an Act be brought in for settling the Establishment of the said Garison, and for Pay of the Forces there; according to the said Report.

An Act for settling the Establishment and Pay of the Forces in the Garison of Dunkirke, was read the First time.

Resolved, That this Bill be read the Second time on Monday next.

Resolved, That the Lord General be desired to give his Order for supplying the Forces in Dunkirke with such Arms, out of the publick Stores at the Tower, as he shall find necessary for the securing of that Garison.

Regulating Fees, &c.

Resolved, That a Committee be appointed to consider of the Regulating of the Fees of all Courts and Offices through the Kingdom; and to receive and examine all Complaints of extorted Fees; and to prepare Tables of Fees for such Courts and Offices; and also, to consider of the Burden on Sheriffs in passing of their Accompts; and, from time to time, to report to the House: And that Sir Richard Onslow, Sir John Marsham, Sir Lancelot Lake, Mr. Hele, Sir John Bowyer, Sir Robert Brooke, Mr. Lowther, Sir Wm. Doyley, Mr. Crowch, Dr. Cleyton, Mr. Swanton, Sir Edward Rossiter, Mr. Swinfin, Mr. Trelawney, Sir Henry Oxenden, Mr. Charlton, Mr. Collins, Sir Anthony Cope, Mr. Phillips, Mr. Manwaring, Mr. Delves, Sir Henry Williams, Mr. Thomas, Mr. Gott, Mr. Mountague, Mr. Culliford, Mr. Annesley, Lord Aunger, Serjeant Hales, Mr. Pryn, Sir Edward Turner, Sir Gilbert Gerrard, Mr. Bampfeild, Sir John Northcot, Sir Wm. Windham, Sir Tho. Meeres, Sir Anthony Irby, Sir John Price, Sir Thomas Clergis, Mr. Connyers, Sir Wilfrid Lawson, Sir William Wild, Sir Henry Cesar, Sir Wm. Wheeler, Mr. Baker, Colonel Hatcher, Sir Solomon Swale, Colonel Birch, Mr. Gwynn, Colonel Shapcot, Mr. Ellison, Colonel Gerrard, Serjeant Glyn, Colonel King, Mr. Rainsford, Sir Francis Gerrard, Mr. Yong, Mr. Trevor, Mr. Bunckley, Colonel Willoughbey, Mr. Crew, Mr. Minors, Sir John Rous, Sir Richard Price, Sir Edward Knight, Mr. Chafe, Mr. Courtop, Sir Geo. Reeve, Mr. Peckham, Colonel Francis Windham, Sir Roger Bradshaw, Mr. Ferrers, Mr. Mallet, Mr. Grove, Mr. Moore, Mr. Allen, Mr. John Robinson, be the said Committee: And they are to meet on Tuesday next in the Afternoon, in the Inner Court of Wards; and to meet de die in diem: And they have Power to send for Persons, Papers, Witnesses, Writings, Records, Table of Fees; and what else may conduce to this Business.

Assessment.

Resolved, That the Committee to whom the apportioning of the One hundred thousand Pounds per Ann. on the Counties, in lieu of the Court of Wards, is referred, do meet this Afternoon, and make their Report on Wednesday next.

Debts respited.

An Order of this House, of the Twentieth of June last, was this Day read; being as followeth; viz.

"Resolved, That all further Payments upon any Debts contracted betwixt the Fifth of December 1648, and the Two-and-twentieth of February 1659, (other than those which concern the Navy and Army) be stopped and forborne till further Order."

Ordered, That a Copy of the said Order be sent to the Receipt of publick Exchequer, the Commissioners of Excise, and the other Treasuries: The Officers of which Receipts and Treasuries are to observe the same accordingly.

Publick Debts.

Ordered, That Dr. Cleyton and Mr. Crowch be added to the Committee to whom it is referred to consider of publick Debts.

Somerset Dakedom.

Ordered, That Sir Anthony Ashley Cooper, Mr. Vernon, Mr. Spencer, and Mr. Lucy, be added to the Committee to whom the Marquis of Hertford's Bill is referred.

Ministers Livings.

The House resumed the Debate upon the Amendments offered from the Committee to the Bill for Ministers Livings.

The Amendment, Page 7, Line 13, was read; and, on the Question, agreed unto.

A Proviso, for the Avoidance of Livings, with Cure of Souls, in the Hand of any Ecclesiastical Person, who by this Act, continues incumbent, and is scandalous, insufficient, &c. was read:

Resolved, That after these Words in the 7th Line, "Commissioners appointed by this Act," these Words, "and thereupon adjudged by the said Commissioners," be added.

Resolved, That these Words in the said Proviso, "or which hath by Preaching, Printing, or Writing, declared his Judgment to be against the Administering of the Sacrament of the Lord's Supper to such Persons as were not scandalous or ignorant," be omitted.

Resolved, That the said Proviso, so amended, be agreed.

The Amendment, Page 8, Line 7, concerning Commissioners to put this Act in Execution, was read; and the Debate thereof reserved to the finishing of the other Amendments and Provisoes.

The Amendments, Page 9, Line 9, 10, 11, 15, were read:

Resolved, That to the Amendment in the 10th Line, after "valuable Consideration," these Words be added, "paid or given."

Resolved, That to the Amendment in the 15th Line, after "December," there be added "1660."

And the said Amendments, with those Alterations, were, on the Question, agreed unto.

Resolved, That in the Body of the Bill, Page 9, Line 16, before the Words "good and effectual," the Word "as" be added.

Resolved, That in the 9th Page, last Line, these Words, "and shall not be avoided," be omitted.

Another Proviso was tendered to this Bill; being as followeth:

"Provided also, that this Act, or any thing therein, shall not extend to confirm any Ecclesiastical Person, or Minister, in any Benefice, Living, or Ecclesiastical Promotion, that shall refuse to take the Oaths of Allegiance and Supremacy, being tendered unto such Ecclesiastical Person, or Minister, by the said Commissioners, or any Three of them: Which said Commissioners, and every Three of them, are hereby enabled and enjoined to administer the said Oaths accordingly:" Which was read the First and Second time:

Resolved, That after the Word, "confirm," in the 2d Line, the Words "or restored" be added; and after the Words "Minister in," the Words "or to" be added.

And the said Proviso, so amended, was, on the Question, agreed unto.

Another Proviso was tendered to this Bill; viz.

"Provided, that nothing in this Act contained shall extend to the Prejudice of any Person or Persons, who, by Letters Patents under the Great Seal of England, dated before the Twenty-sixth of August 1660, is intitled to any Ecclesiastical Dignity, Benefice, or Promotion; but that they, and every of them, shall and may hold and enjoy such Ecclesiastical Dignity, Benefice, and Promotion respectively, in as full and ample Manner, as he or they might have done, if this Act had not been made; any thing in this present Act contained to the contrary thereof in any wise notwithstanding:" Which was read the First time.

Ordered, That the Debate of this Proviso be adjourned to Monday next, at Ten of the Clock in the Forenoon.

Lords desire a Conference.

A Message from the Lords, by Dr. Hobart * *, Masters of Chancery;

Mr. Speaker, the Lords desire a present free Conference with the House of Commons, in the Painted Chamber, of the Two last free Conferences about the Bill of Indemnity.

Ordered, That a present free Conference with the Lords be granted, as is desired.

The Messengers being called in, Mr. Speaker gave them this Answer;

The House have considered of your Message; and do agree to a present free Conference with the Lords.

Ordered, That that Committee to whom the Management of the former Conference was referred, do manage this Conference.

Ordered, That the Serjeant at Arms attending this House suffer none to go out of the House, till those that are to manage this Conference be gone forth.

Sir Henage Finch reports the Substance of the Conference with the Lords, in Effect, as followeth:

"The Lord Chancellor told us, how unhappy soever former Conferences have been, This, he doubted not, would be happy to King and Kingdom; and beget a chearful Submission of all People to the Determination of the Parliament: He said, He would repeat nothing of what he had formerly said; for though the Lords might have insisted, in the Reasons they formerly offered, yet they have now complied with this House, in Effect, though not in Form. The Expedient for a final Conclusion of the Difference, was this; that these Gentlemen, that rendered themselves on his Majesty's Proclamation, should stand in the same Classes as in the Lords Amendments, formerly sent down; that is, as Persons generally excepted for Life and Estate: But, to qualify that, they offered a Clause to be added by way of Amendment, wherein the Names of those Persons, who rendered themselves (-their Lordships know them not, and so have left the Paper with a Blank, for that-) upon an Opinion, that they might safely do so, and have not fled to avoid the Justice of the Parliament, (who, he conceived, will be looked upon otherwise, as Persons that have lost the Benefit of the Proclamation) may be inserted by this House; and, he supposed, a special Care would be had of securing their Persons."

And then the Reporter read the said Clause; being as followeth:

"But, in regard the said have personally appeared, and rendered themselves according to the Proclamation bearing Date the Sixth Day of June 1660, to summon the Persons, therein named, who gave Judgment, and assisted in the said horrid and detestable Murder of our said late Sovereign, to appear, and render themselves; and do pretend thereby to some Favour, upon some conceived doubtful Words in the said Proclamation; Be it Enacted, by this present Parliament, and the Authority of the same, (upon the humble Desires of the Lords and Commons, assembled in Parliament) That if the said or any of them, shall be legally attainted for the horrid Treason and Murder aforesaid, that then, nevertheless, the Execution of the said Person and Persons, so attainted, shall be suspended, until his Majesty, by the Advice and Assent of the Lords and Commons, in Parliament, shall order the Execution, by Act of Parliament to be passed for that Purpose."

"The Reporter proceeded; For That, relating to the Persons dead, (whom their Lordships had put in that fatal Clause, with an Expectation, that he would pass an Act for the future Attainder) their Lordships have departed from their Resolution in that Point, and permit them to continue in the Classis wherein we placed them: whereby they are adjourned to the Penalties which shall be inflicted on them by a future Act; expecting only a Bill of Attainder of Cromwell, Bradshaw, Ireton, and Pride."

"For the other Part, wherein we have agreed for excepting Axtell, without further Expectation; and Vane and Lambert, with Expectation of a further Address on their Behalf; their Lordships agree in That. For That wherein we differed about Sir Arthur Hesilrig, upon what was offered by a Member of our House, and since, by the Duke of Albamarlie, they found his Case distinguished from the other Two, and agree with us, as to him."

"And for the last Four, though their Lordships saw very good Reason to adhere to That for Justice and Example Sake; yet, having taken our Reasons into Consideration, and believing the good Report we gave of some of them, their Lordships departed from that Reason, in that Point; and leave them to Disability only, as we propounded."

The Question being put, That the Petition of William Heveningham Esquire, be read;

It passed in the Negative.

Resolved, That this House doth agree with the Lords in the Matters communicated by the Lords at the said Conference.

Ordered, That it be referred to a Committee, to dispose the Alterations, made by the Lords, this Day, into their proper Places, in the Act of Indemnity; and to inform themselves, by Perusal of the Journal, and Examination of the Serjeant at Arms attending this House, which of the Judges of the late King's Majesty rendered themselves upon his Majesty's Proclamation; and which of them are now in the Serjeant's Custody; and how they are otherwise disposed: And the Serjeant at Arms is to attend the Committee, to give them an Account accordingly: And the Committee are to enter, into the Clause sent from the Lords, the Names of such as so rendered themselves, and have not since withdrawn.

Ordered, That those Members of the House, which were appointed to manage the late Conferences with the Lords, be the Committee: And that Serjeant Glyn be added to the said Committee: And they are to meet this Afternoon, at Three of the Clock, in the Speaker's Chamber.

Ordered, That the Serjeant at Arms attending this House do deliver into the Charge of the Lieutenant of the Tower of London, this Afternoon, so many of the Judges of the late King's Majesty, as, being committed to his Custody, he can this Afternoon come by; and the rest on Monday next.

Ordered, That Mr. Speaker do sign one or more Warrants, directed to the Lieutenant of the Tower of London, to receive into his Charge such of the said Judges, as shall be delivered unto him by the Serjeant at Arms attending this House.

Leave of Absence.

Ordered, That Sir Edmond Jennings, Mr. Streete, Mr. Rigby, and Sir John Dawney, Members of this House, have the Leave of this House to go into the Country.

Tregoney Writ.

Mr. Edward Boscawen, being elected to serve for the Borough of Truro, and also for the Borough of Tregoney, in the County of Cornewall, makes his Election to serve for the Borough of Truro, and waves his Election for the Borough of Tregoney:

Ordered, That a new Writ be issued for the Election of a Member to serve in this present Parliament for the Borough of Tregoney, in the County of Cornewall, in the Place of Edward Boscawen Esquire, who hath made his Election to serve for the Borough of Truro: And that Mr. Speaker do issue his Warrant to the Clerk of the Crown in Chancery, to prepare a new Writ for the Purpose aforesaid: Which the Lord Chancellor is to issue and pass under the Great Seal of England accordingly.