House of Commons Journal Volume 8: 3 September 1660

Monday, September 3d, 1660.

Prayers.

Wiggan Writ.

THE House being informed that a Writ, for a new Election for the Borough of Wiggan, in the County of Lancaster, was delivered, by the Clerk of the Crown to one Mr. Stoughton, who detains the same in his Hands; whereby the Execution thereof is delayed, and this House is deprived of a Member;

Ordered, That the said former Writ be superseded; and that the Lord Chancellor, and the Chancellor of the Duchy of Lancaster, respectively, do supersede the same accordingly; and that Mr. Speaker do issue his Warrant to the Clerk of the Crown in Chancery, to prepare a new Writ for a new Election for the said Borough: Which the Lord Chancellor, and Chancellor of the Duchy, respectively, are to issue and pass under the Great Seal of England, and Seal of the Duchy, accordingly.

Privilege.

Ordered, That the Sheriffs of the City of London and Middlesex, be, and are hereby, authorized and required, forthwith to release, and set at Liberty, the Body of Richard Birt, who is now detained Prisoner in the Poultry Compter, London, at the Suit of * Newman, and others; he being avowed by Mr. Cowper, a Member of this House, to be employed by him as his menial Servant.

Wool and Fullers Earth.

Mr. Knight reports a Bill for restraining the Exportation of Wool, Wool-fells, Fullers Earth, &c. out of the Kingdom: Which was read the First time; and ordered to be read the Second time To-morrow Morning.

Repairs of King's Houses.

Resolved, That the Sum of Five thousand Pounds, towards Repair of his Majesty's Houses, be charged on the Receipt of Excise, and paid in Course next after the Monies appointed to be paid to their Highnesses the Dukes of Yorke and Gloucester: And the Commissioners of the Excise are hereby impowered and required to pay the said Five thousand Pounds accordingly, to Mr. Denham, his Majesty's Surveyor of the Works, or his Assigns, upon Account for the said Service; together with Interest for the same, after Six per Cent', till the Principal shall be satisfied: And the Acquittance of the said Mr. Denham, or his Assigns, testifying his Receipt thereof, shall be, to the said Commissioners, a sufficient Discharge.

Draining the Fens.

A Bill, sent from the Lords, for the necessary Support of the Work of draining the great Level of the Fens, was this Day read the First time.

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

Confirming Marriages.

Mr. Bampfeild reports Amendments to the Bill for confirming Marriages: Which were read the First and Second time.

Ordered, That in Fol. 2, Line 13, after the Word "been," and before the Word "or," in the Interlineation, the Word "taken" be omitted, and, instead thereof, the Word "joined" inserted; and that in the same Line, after the Word "be," and before the Word "joined," the Words "taken or," be omitted.

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

Ordered, That this Bill be ingrossed.

Lords desire a Conference.

A Message from the Lords, from Dr. Bennet and * *, Masters of Chancery;

Mr. Speaker, The Lords desire a free Conference, presently, with this House, in the Painted Chamber, upon the Matter of the last Conference.

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

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

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

Ordered, That the Committee appointed to manage the last Conference, do manage this.

Person to attend.

Ordered, That Sir Thomas Player, Receiver General of the Three Months Assessment, commencing the Twentyfourth of June 1660, do attend this House at their sitting this Afternoon; and that the Serjeant at Arms, attending this House, do give him notice of this Order.

Settling Ministers.

Mr. Bampfeild reports from the Committee a Proviso, ingrossed, touching Presentations granted by the King's Majesty; viz.

"Provided always, and be it Enacted, that this Act, or any thing herein contained, shall not prejudice the Title of any Person or Persons, to any Ecclesiastical Living, Benefice, or Promotion, with Cure of Souls, in this Act mentioned; who, having been presented to such Benefice or Promotion by his Majesty, under the Great Seal of England, between the First Day of May in the Year of our Lord 1660, and the Twenty-sixth Day of August in the same Year, shall be declared, by Name, by his Majesty, by Proclamation, to be issued before the Twenty-ninth Day of September in the Year of our Lord 1660, to have the Benefit of such Presentation; but that such Presentees, so presented and declared by his Majesty, shall, and may, from and after the said Twenty-ninth Day of September, enjoy the same Benefices, and Promotions respectively, as if this Act had not been made: Nevertheless, it is declared and enacted, that such Persons as upon the Twenty-fifth Day of December 1659, were the Possessors of such Benefices or Promotions, shall not be charged by such Presentees of his Majesty, with, or for, any Profits by them or any of them received, before the said Twenty-ninth Day of September; but shall hold and enjoy the Profits of such Benefices and Promotions respectively, until the said Twenty-ninth Day of September."

Which was read the First and Second time; and, upon the Question, passed and agreed to be Part of the Bill.-

Maimed Soldiers.

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

Mr. Speaker, The Lords have received this Petition, in Behalf of some Soldiers maimed in the Service of his late Majesty, which they recommend to this House, desiring some Order may be taken for Relief of them, as you have done for some others:

And therewith the Petition was delivered, being directed "To the Right honourable the Lords assembled in Parliament," and intituled, "The humble Petition of Henry Simpkins, John Peirce, Richard Watson, Edward Williams, Thomas Lewis, &c." in Behalf of themselves and others: Which was read.

Sir John Marsham spake some Words, on occasion of the Debate of the said Petition, to which Exceptions were taken: But, upon his explaining of himself, the House received Satisfaction.

Ordered, That the Answer to be given to the Messengers, be, that this House will return Answer by Messengers of their own.

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

The House have considered of your Message; and will return Answer by Messengers of their own.

Ordered, That Serjeant Hales, Serjeant Glynne, Mr. Bampfeild, and Sir Henage Finch, do prepare a Memorial to be entered in the Journal, upon occasion of the said Petition; upon the present Debate.-

Settling Ministers.

Another Proviso was tendered to the Bill, concerning Ministers Livings; viz. "Provided always, and be it Enacted, that no Person whatsoever, that shall, either by Preaching or Printing, or any other Way, openly declare his Opinion against the publick Liturgy, and the Episcopal Government of the Church of England, till it be abolished by a legal Authority, shall have any Benefit of this Act:" Which was read the First time; and laid aside.-

Orders carried to Lords.

Mr. Annesley did this Day carry to the Lords, the Three Orders of Saturday last; the one concerning his Majesty's not disposing of the Estates of the excepted Persons; and the other for the Seventeen thousand Pounds to the Two Dukes of Yorke and Gloucester.

Lords reminded of Bill.

Ordered, That Mr. Annesley do put the Lords in Mind of the Bill for confirming the fundamental Laws, sent from this House.

Conference on King's Message.

Mr. Holles reports, "That at the Conference with the Lords this Day, the Lord Chancellor told us, the Lords desired That Conference to communicate to us; that, in regard, the Subject of the Conference was, the King's Majesty's Message about a Recess; which first arose from the Desire of this House; and, that this House hath communicated to them their Reasons why an Adjournment may be more convenient than a Session; they had represented those Reasons to the King; and that the King was very willing it should be an Adjournment, as you desire: And he said This further, that though the King was in his own Thoughts inclineable to a Session (and for some Reasons too, to bring it into the ancient Way of determining by Session) yet he was content, for the Reasons you have offered, that it should be as you desire.-

Settling Ministers.

Another Proviso was tendered to the Bill for Ministers; viz. "Provided also that this Act, or any thing therein contained, shall not extend to confirm any Person in the Vicarage of Kidlington, in the County of Oxford; but that the said Vicarage shall remain, as formerly, annexed to the Rectorship of Exeter College in Oxford; any thing in this Act to the contrary notwithstanding: Which was read the First and Second time; and, on the Question, agreed to be Part of the Bill.

Another Proviso was . . . . . this Bill; viz. "Provided also, that this Act, or any thing therein contained, shall not extend to confirm any Person in the Rectory of Garsington, in the County of Oxford; but that the said Rectory shall remain, as formerly, annexed to the Presidentship of Trinity College in Oxford; any thing in this Act to the contrary notwithstanding:" Which was read the First and Second time; and, on the Question, agreed to be Part of the Bill.

Another Proviso was tendered to this Bill; viz. "Provided also that this Act, or any thing therein contained, shall not extend to confirm any Person in the Rectory of Castor, in the County of Northampton; but that the said Rectory shall remain, as formerly, annexed to the Bishoprick of Peterborough; any thing in this Act to the contrary notwithstanding:" Which was read the First and Second time; and, on the Question, agreed to be Part of the Bill.

Another Proviso was tendered to this Bill; viz. "Provided also that this Act, or any thing therein contained, shall not extend to confirm any Person in the Vicarage of Cudsden, in the County of Oxford; but that the said Vicarage shall remain, as formerly, annexed to the Bishoprick of Oxford; any thing in this Act to the contrary notwithstanding:" Which was read the First and Second time; and, on the Question, agreed to be Part of the Bill.

Another Proviso was tendered to this Bill; viz. "Provided always, that this Act, nor any thing therein contained, shall extend to the confirming or settling any Person in a Living, that hath printed, published, or preached against his Majesty that now is, his Right, or Succession to the Crowns of these Realms:" Which was read the First and Second time.

Resolved, That the Word "published," in the Third Line, be omitted.

Resolved, That to the Word "printed," in the Third Line, these Words "any Treatise" be added.

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

Lords concur in Orders.

Mr. Annesley brings Answer from the Lords, that the Lords will be ready to join with this House in moving his Majesty, not to dispose of the Estates of the excepted Persons; according to the Order of Saturday last; and that their Lordships concur with this House in the Orders for Ten thousand Pounds to the Duke of Yorke, and Seven thousand Pounds to the Duke of Gloucester; and that, as to the Bill for confirming the fundamental Laws, the Lords gave Answer, that it is committed; and they will give it a Dispatch as soon as may be.

This House adjourns itself till Four of Clock in the Afternoon.

Post Meridiem.

Captives in Turkey.

ORDERED, That it be referred to the Committee to whom the Business of the Captives at Algier and Tunis is referred; to examine what Monies have been expended for Redemption of any of the said Captives; and which ought to have been paid out of the Algier Duty, since the Year 1651; and to state the Fact, and to report it to the House: And that Mr. Boscawen, Mr. Lowther, Mr. Jolliffe, Sir Geo. Downing, Sir Wm. Wheeler, Colonel King, Mr. Marvell, Sir John Frederick, Sir Wm. Vincent, Mr. Knight, Mr. Spry, Mr. Bamfeild, Colonel Jones, Mr. Barton, be added to that Committee.

Committee of Privileges.

Ordered, That the Committee for Privileges and Elections, do meet in the Exchequer Chamber, at Two of the Clock in the Afternoon of Thursday next.

Maimed Soldiers, &c.

The House being informed, that Sir Thomas Player was at the Door, he was called in; and, standing at the Bar, Mr. Speaker acquainted him with the great Necessities of the maimed Soldiers, Orphans, and Widows, for whose Relief Two thousand Pounds is charged on the Three Months Assessment; and desired Information how it stands, as to the Payment thereof; and, why the same is not paid;

To which he made Answer, That there is above Sixty thousand Pounds to be paid in Course before them; till Payment whereof, he is bound up; and that he will be careful to pay the said Two thousand Pounds in its Turn: In the mean time, will use his Endeavour to borrow the same, upon the Credit of the Ordinance:

Wherein, Mr. Speaker desired him to give a more particular Answer, on Wednesday Morning next.

Settling Ministers.

The House resumed the Debate of the last Proviso, tendered in the Forenoon, to the Bill for settling of Ministers Livings.

Resolved, That immediately before these Words in the Proviso last tendered; viz. "hath printed any Treatise, or preached," the Word "maliciously" be inserted.

Resolved, That at the Close of the said Proviso, these Words be added; viz. "so as the same be proved by the Oaths of Two credible Witnesses, before the Commissioners appointed by this Act, who have hereby Power to administer the same; and so adjudged by the said Commissioners, before the Twenty-fifth Day of December 1660."

Mr. Charlton reports another Proviso; viz.

"Provided also, that if any Minister who shall by this Act be adjudged to be removed, shall not give up the Possession, according to the Order of the said Commissioners; then such Minister shall be liable to answer the mesne Profits to the Person that was sequestered, ejected, or kept out; and shall also be committed to Prison, until he perform the said Order, by any Three of the said Commissioners; this Act, or any other Act, Law, or Statute, to the contrary in any wise notwithstanding:"

Which was read the first time; and laid aside.

Instead thereof, this Proviso was tendered; viz. "Provided also, that if any Minister who shall by this Act be adjudged to be removed, shall not give up the Possession, according to the Order of the said Commissioners; then the said Commissioners, or any Five of them, shall grant their Warrant to the Sheriff of the County, to put such Person adjudged to be restored, into Possession, according to the true Intent and Meaning of this Act; which said Sheriff shall execute the same accordingly; and in Default of such Warrant, the Sheriff of the County, for the time being, shall be and is hereby enabled and required, to give Possession accordingly:" Which was read; and, on the Question, agreed to be Part of the Bill.

Another Proviso was tendered to this Bill; "That this Act shall not extend or be construed, to give any Benefit unto any Ecclesiastical Person, that did appear in Arms, and march in a Troop, in Opposition to the intended restoring of his Majesty, and a free Parliament, since the First Day of August, in the Year of our Lord 1659:" Which was read.

Ordered, That instead of the Words "give any Benefit unto," "this Word "confirm" be inserted, and that the time limited for Proof thereof, shall be to the Twenty-fifth of December 1660; as was ordered, this Afternoon, to be added at the Close of the former Proviso.

Ordered, That no more Provisoes be tendered to this Bill, than what are now laid upon the Table.

Ordered, That the Debate of these Provisoes be adjourned till To-morrow Morning; and then to be taken up the first Business.