House of Commons Journal Volume 8: 6 September 1660

Thursday, 6th September, 1660.

Prayers.

Tobacco.

THE House being informed, that great Quantities of Spanish Tobacco, lately imported, have been landed, and secretly conveyed away by several Persons, without due Entry, or paying of Custom or Excise; to the defrauding of his Majesty, and Prejudice of the Law;

And the Question being put, That the Serjeant at Arms attending the House of Commons, by himself, or his Deputies, do forthwith search for, seize, inventory, and secure, the said Tobaccoes, where-ever they shall be found, to the Intent the same may be disposed according to Law; and to call Thomas Blinkhorne to his Assistance, for the more effectual putting of this Service in Execution;

The House was divided: And

The Yeas went forth.

And so it passed in the Negative.

Resolved, That the Commissioners for the Excise do forthwith take Notice of this Information; and, according to their Duty, and the Powers they are intrusted with, to make a Seizure of the said Tobacco; to the Intent it may be disposed according to Law.

Resolved, That this House doth declare their Judgment, that the Act for Continuance of the Excise, till the Twenty-fifth of December next; whereby the Collecting, Levying, and Paying thereof, is directed to be after the Rates, Rules, and Proportions, as the same was formerly collected and payable; doth enable the Commissioners therein named to act and proceed according to the Rates and Rules passed by the late pretended Powers.

Disbanding the Army.

Colonel King reports an additional Rule, touching disbanding of the Army: Which was as followeth; viz.

That the Commissioners for disbanding of the Army, or any Three of them, shall and may give Directions, from time to time, that all Sheriffs, Members of the House of Commons, and Justices of the Peace, in every County, be aiding and assisting, to such Person or Persons as they shall employ, for disbanding of the Army and Forces; and shall take care to see them truly mustered; and paid off, on the Place; and their Quarters satisfied: Which, on the Question, was agreed unto.

Resolved, That the Number of the Commissioners to be named by this House, for disbanding of the Army, be Six.

Resolved, That Sir Richard Browne, Sir Wm. Doyley, Mr. Pryn, Colonel King, Colonel Birch, Mr. Scawen, be the Commissioners for disbanding of the Army.

Sommerset Dukedom.

A Message from the Lords, by Dr. Bennet and Mr. Glascock, Two Masters of the Chancery;

Mr. Speaker, The Lords have returned you a Bill, for restoring of the Marquis of Hertford to the Dukedom of Sommerset; with some Amendments: Wherein they desire your Concurrence.

Usurped Grants.

They have also sent you another Act intituled, An Act for preventing Inconveniences, which may arise by reason of Patents or Grants made, or pretended to be made, during the late Troubles: To which they desire your Concurrence; and a speedy Dispatch of them both.

Sommerset Dukedom.

The Amendments and Proviso, to be added to the Bill for restoring of the Marquis of Hertford to the Dukedom of Sommerset, were twice read; and are as followeth;

Instead of the Title upon the Bill, put on these Words, "An Act for restoring of the Marquis of Hertford to the Dukedom of Sommersett."

1st Line, After the Word "the," in the 1st Line, and before the Word "Commons," in the 2d Line, add these Words "Lords and."

9th Line, After the Word "afterwards," in the 9th Line, leave out all that follows, unto the Words "a special," in the Four-and-twentieth Line.

Before the Words "a special," in the 24th Line, put in the Word "by."

After the Word "Parliament," in the 25th Line, leave out the Words "was procured in the same Year;" and put in these Words, "made in the Time of the Reign of the said King Edward the VIth."

After the Word "Lands," in the 26th Line, leave out the Word "wherein."

Before the Word "inserted," in the 27th Line, leave out the Word "obliquely."

In the 33th Line, after the Word "other," leave out the Word "of."

After the Word "otherwise," in the 36th Line, leave out all to the Word "the," in the 38th Line.

Before the Word "the," in the 38th Line, put in these Words "now forasmuch as."

After the Word "said," and before the Word "Commons" put in these Words "Lords and."

After the Word "same" in the 47th Line, leave out all to the Word "that," in the 49th Line.

After the Word "Authority," in the 53d Line, leave out the Word "State."

In the last Line, after the Word "Patents" add these Words, "and as fully and amply as if the said Act had never been had or made; any thing in the said Clause, or before-mentioned Act, to the contrary in anywise notwithstanding,"

"Provided always, and be it Enacted, by the Authority aforesaid, that nothing in this Act shall extend, or be construed to extend, to restore, or intitle, the said Marquis of Hertford, or his Heirs, to any Manors, Lands, Tenements, or other Hereditaments whatsoever (the said Honour, Dignity, Authority, and Title of Duke of Sommerset, with all Privileges, Pre-eminencies, and Precedencies, thereunto belonging, only excepted); or to invalidate, or make void, any Grant or Grants of any Manors, Lands, Tenements, Hereditaments, or of any Part thereof (except before excepted); any thing in this Act contained to the contrary thereof in anywise notwithstanding."

And the said Amendments and Proviso, being put to the Question, were agreed unto.

Disbanding the Army.

A Proviso was tendered to the Instructions for disbanding of the Army, in these Words; viz.

* * * *

Resolved, That these Words, viz. "Which the said Commissioners, or any Three of them, are hereby impowered to administer," be added in the 6th Line of the said Instructions, next after the Word "Oath."

And the same, so amended, was, on the Question, agreed.

Ordered, That the Bill for disbanding of the Army; and the Rules, Orders, and Instructions, for disbanding of the Army; be ingrossed.

Navy Debts.

Ordered, That Colonel Birch do make his Report concerning the State of the Debts of the Navy, in the Afternoon.

Message for Lords to sit, &c.

Ordered, That Colonel Jones do desire the Lords to sit this Afternoon, there being some Bills near ready, which will be sent from this House.

Ordered, That Colonel Jones do put the Lords in mind of the Bills for confirming of Ministers; and Magna Charta; the Bill for indemnifying Officers; for regulating of Bays-making; and the Bill for Encouragement of Navigation.

Soldiers to exercise Trades.

A Bill for enabling Soldiers to exercise any Trades, in any Cities or Corporations, although they have not served Seven Years as Apprentices, was this Day read the First and Second time; and, upon the Question, committed unto Mr. Knight, Serjeant Glyn, Mr. Pryn, Mr. Trelawney, Sir Tho. Clergis, Sir Ralph Knight, Mr. West, Sir Tho. Wroth, Lord Broghill, Sir John Marsham, Mr. Baynton, Sir John Clobery, Sir Anthony Irby, Mr. Minors, Mr. Parrot, Lord Howard, Mr. Tomkins, Mr. Swinfyn, Mr. Jolliffe, Mr. Titus, Mr. Henby, Mr. Dalton, Mr. Thirbane, Mr. Bampfeild, Sir John Frederick, Lord Fairfax, Lord Bruce, Mr. Ellison, Mr. Babington, Sir Henage Finch, Mr. Ferrers, Mr. Walpoole, Mr. Foly, Mr. Culliford, Mr. Middleton, Dr. Cleyton, Serjeant Hales, Sir Gilbert Gerrard, Sir Geo. Downing, Colonel Willoughby, Mr. Hobby, Mr. Boscawen, Lord Herbert, Mr. Radcliffe: And they are to meet this Afternoon at Two of the Clock.

Lords will sit.

Colonel Jones brings Answer from the Lords, That the Lords will sit in the Afternoon: And as for all the other Bills, they will give them all the convenient Dispatch that may be.

Confirming Marriages.

A Bill for Confirmation of Marriages solemnized by Justices of Peace, &c. was this Day read the Third time.

Resolved, That in Line 8th, after the Word "solemnized," and before the Word "since," these Words, "in any of his Majesty's Dominions," be inserted.

Resolved, That in Line 11th, after the Word "Wales," these Words, "or other his Majesty's Dominions," be inserted.

Resolved, That in Line 12, after the Word "Marriages," these Words, "within any of his Majesty's Dominions," be inserted.

An Amendment was tendered to the Bill, in these Words; viz. "for or concerning the Marriages had and solemnized, as aforesaid."

The Question being put, To agree to this Amendment;

The House was divided.

The Yeas went forth.

So it passed with the Negative.

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

Resolved, That this be the Title of this Act; viz. An Act for Confirmation of Marriages.

Ordered, That Mr. Pryn do carry it to the Lords.

Leave of Absence.

Ordered, That Sir John Holland have Leave to go into the Low Countries, to fetch home his Lady.

The House adjourns till Two of Clock in the Afternoon.

Post Meridiem.

The Chaplain.

ORDERED, That the Members of this House, who are of his Majesty's Privy Council, are hereby desired to attend the King, and humbly to recommend to his Majesty, from this House, Mr. Edward Voyce, Master of Arts, for some Mark of his Majesty's Favour, in regard of his constant and diligent Attendance upon this House, ever since the Beginning of this Parliament, as Chaplain.

Officers of the House.

Ordered, That Sir Gilbert Gerrard, Sir Anthony Irby, Sir Geo. Reeves, Sir Francis Gerrard, Sir Wm. Waller, Mr. Trevor, Mr. Knightley, Sir John Potts, Mr. Lucy, Sir John Holland, Mr. Swinfen, Sir Geo. Booth, Sir John Northcot, Sir John Temple, Mr. Hungerford, Sir John Rowse, Colonel Reames, Mr. Eyre, Sir Geo. Downing, Sir John Bowyer, be added to the Committee, as to the Business concerning the Officers attending this House: And that they, or any Three of them, be a Committee as to that Business; and do sit To-morrow Morning at Eight of Clock: And the said Committee are to take into Consideration the Account of the Printers, and of John Owen Stationer; and how they may be satisfied; and report it to this House.

Restoring Marq. of Newcastle.

Colonel Willoughby reports Amendments to the Bill sent from the Lords, for restoring unto Wm. Marquis of Newcastle all his Honours, Manors, Lands, and Tenements, in England, whereof he was in Possession on the Twentieth Day of May 1642, or at any time since: Which were read the First and Second time, and agreed; viz.

Line 34, betwixt the Word "derived," and the Word "before," add the Words "on or."

That in the 4th Line, after the Word "been," and before the Word "dispossessed," the Word "unjustly," be omitted.

That in Line 22th, the Word "Judjment," be made "Judgment."

That the last Proviso, beginning 56th Line, be omitted.

A Proviso was tendered to this Bill; viz.

"Provided always, That this Act, nor any thing therein contained, shall not extend, or be taken, to make void, or any way prejudice, the Jointure or Estate of Elizabeth now Duchess of Richmond and Lenox, late Wife of Charles Viscount Mansfeild, eldest Son of the said Marquis of Newcastle; nor any Articles, Covenants, or Agreements, made in relation thereunto; but that such Jointure and Estate, Articles, Covenants, and Agreements, shall be as good and effectual, and in and of as full Force and Virtue, as if this Act had never been made; any thing herein contained to the contrary notwithstanding."

And, on the Question, was agreed unto; and ordered to be Part of the Bill.

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

That the Lord Aungier do carry it to the Lords.

Post Office.

A Bill impowering the King's Majesty to constitute and appoint a Post Master General for Life, or Years, not exceeding Twenty-one Years, was this Day read the Second time; and, upon the Question, committed unto Sir Tho. Clergis, Sir Geo. Downing, Sir John Northcot, Sir Tho. Bludworth, Sir Wm. Vincent, Mr. Serjeant Hales, Mr. Trelawney, Sir Anthony Irby, Colonel West, Mr. Bamfeild, Mr. Secretary Morris, Sir Heneage Finch, Mr. Holles, Sir John Frederick, Mr. Lowther, Mr. Boscawen, Sir John Potts, Sir Wm. Wheeler, Colonel Jones, Sir John Lowther, Mr. Rolls, Colonel Harley, Mr. Hilton, Sir Ralph Knight, Lord Aunger, Colonel Gerrard, Mr. Shapcot, Mr. Pryn, Sir Henry North, Mr. Gewen, Mr. Mynors, Mr. Walpole, Mr. Knightley, Mr. Mountague, Mr. Jolliffe, Mr. Gurdon, Mr. Herle, Colonel Buller, Sir Ralph Ashton, Mr. Henley, Sir John Marsham, Mr. Hungerford, Sir John Bower, Mr. Swinfin, Mr. Babington, Mr. Ellison, Captain Titus: And they are to meet To-morrow Morning, at Six of the Clock, in the Speaker's Chamber: And have Power to send for Persons, Papers, and Witnesses; and to receive and consider of all Petitions concerning this Business.

Disbanding the Army.

A Bill, ingrossed, for disbanding the Armies, was this Day read the Third time.

Rules, Orders, and Instructions, for disbanding of the Army, were this Day read the Third time.

Mr. Secretary Morris brings a Message from the King's Majesty to this House; That it is . . . Majesty's Desire, that the Regiments of the Dukes of Yorke and Gloucester be not disbanded by Lot, but left to be the last to be disbanded.

Resolved, That the Regiments of their Highnesses the Dukes of Yorke and Gloucester, and the Lord General's Regiments of Horse and Foot, shall be last disbanded; and that the Third Instruction be amended accordingly.

Resolved, That the Title of the Bill be, An Act for the speedy Disbanding of the Army and Garisons of this Kingdom.

And the said Bill and Instructions, being put to the Question, passed.

That Mr. Hollis carry up this Bill to the Lords.

Protestants of Piedmont, &c.

A Bill ingrossed, making the Lands and Goods of Martin Noell and Nathaniel Tems, liable to pay Five thousand Pounds, due to the poor Protestants of Piedmont, was this Day read the Third time.

A Proviso was tendered to this Bill, to discharge Martin Noell from the Debt of Five thousand Pounds, in the Bill mentioned, he paying One thousand Pounds with Interest; he having paid Three thousand Pounds already, and having only had Four thousand Pounds of the said Money; which was read the First and Second time; and, upon the Question, committed unto Mr. Serjeant Hales, Mr. Bamfeild, Sir Geo. Downing, Mr. Annesley, Mr. Shapcot, Mr. Charlton, Colonel West, Sir Wm. Vincent, Dr. Cleyton, Mr. Young, Mr. Hollis, Mr. Jolliffe, Mr. Ellison, Sir Thomas Bludworth, * Viner, Dr. Mills, Sir Thomas Clergis, Mr. Pryn, Mr. Minors, Sir Wm. Wheeler, or any Three of them; to amend the Proviso upon the Debate; and call the Parties, and examine and state the Matter of Fact; and report it to this House: And are to meet To-morrow Morning, in the Speaker's Chamber.

Bills sent to Lords.

Mr. Holles carried to the Lords, a Bill for the speedy Disbanding of the Army:

A Bill for Confirmation of Marriages:

A Bill for restoring the Marquis of Hertford to the Dukedom of Sommerset.

Navy.

Ordered, That Colonel Birch do make his Report of the State of the Navy, To-morrow Morning at Ten of Clock.

Dunkirke.

Mr. Henton Powell reports Amendments to the Bill for settling of an Establishment for the Forces in Dunkirke: Which were twice read.

Resolved, That the Pay of the common Soldiers, for the Garison of Dunkirke, be Eight Stivers per Diem.

Resolved, That all other Payments to the said Garison, be after the Rate of Seven Stivers and a Half for every Eight Pence Sterling.

Ordered, That this Debate be adjourned until Tomorrow Morning, Eight of Clock.