House of Commons Journal Volume 8: 20 December 1660

Thursday, 20th December, 1660.

Prayers.

Wachter's Nat.

A BILL sent from the Lords, for the Naturalizing of Abraham Wachter, born beyond the Seas, was this Day read the First and Second time.

Resolved, That this Bill be now read the Third time.

And it was read the Third time accordingly; and, on the Question, passed.

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

Boreele's Nat.

A Bill, sent from the Lords, for the Naturalizing of John Boreele Esquire, eldest Son of Sir Wm. Boreele, Knight and Baronet, was this Day read the First and Second time.

Resolved, That this Bill be read the Third time in the Afternoon, the First Business.

Captives in Turkey.

Mr. Hollis presents a Petition, directed, "To the King's Most Excellent Majesty," which he had Command from his Majesty to recommend to the House: Which was read, and was intituled, "The humble Petition of divers Persons, on the Behalf of themselves, who have suffered, and of others, whose Relations do now suffer, miserable Bondage, and cruel Slavery under the Turks."

A Report from the Committee, for Redemption of Captives, 30 November 1660, was read; viz.

Ordered, That Mr. Prynn do report to the House, as the Votes of this Committee,

That all the respective Sums of Money, paid to the Treasurer of the Navy, from the Year of our Lord 1651, till November 1659, taken out of the Duty for Redemption of Captives, under the Turkes and Moors, to defray the Debts of the Navy, shall be allowed, and repaid, towards the Satisfaction and Redemption of the Petitioners, in Behalf of the Captives, in such Manner as the House shall appoint.

Ordered, That the Sum of Ten thousand Pounds be charged upon the Arrears due from the late Commissioners for Prize Goods, upon their Accompt for Prize Goods; the same to be employed for Redemption of Persons, now in Captivity under the Turks, who were taken in English Ships since 1642; and for Relief of such others, taken as aforesaid, and since redeemed on private Accounts, where there shall, in Charity and Justice, appear Cause:

That a Bill be brought in for that Purpose; as also for getting in the Arrears due for Impropriations, lately vested in Sir John Thorowgood, and other Trustees: And Mr. Pryn, Mr. Barton, and Colonel King, are to prepare and bring in a Bill for that Purpose: And that a Clause be inserted, for getting in the Monies collected for Relief of the Protestants of Polonia, and not paid in to the Treasurers; to the Intent it may be employed to the Uses, for which it was originally intended: And they have Power to send for Persons, Papers, Books, Accompts, and what else they shall find necessary, for their better Information in the Premises.

Navy Debts.

The House proceeded in the Rules and Instructions, for the discharging and paying off the Navy.

The Third Instruction was read:

Resolved, That in the 4th Line, after the Word "Pay," these Words, "since the Fourteenth of March, 1658," be inserted into this Instruction.

And the said Instruction, being so amended, was, on the Question, agreed.

The Fourth Instruction was read; and, on the Question agreed.

The Fifth Instruction was read; and, on the Question, agreed.

The Sixth Instruction was read:

Resolved, That the Time be limited to the Fourteenth March 1658.

And the Instruction, so amended, was agreed.

The Seventh Instruction was read; and with the Addition of these Words, in the last Line, after the Word "discharged," viz. "and the Debts, for Cure of the Sick and Wounded," was, on the Question, agreed.

The Eighth Instruction was read:

The humble Petition of many Merchants, Tradesmen, and Artificers, in and about the City of London, and other Places within his Majesty's Realm of England, was read; and laid aside.

And so the Eighth Instruction was, on the Question, agreed.

The Ninth Instruction was read:

Resolved, That the Auditors named and appointed by the Act for Disbanding the Army, be the Auditors for performing of the Service enjoined the Auditors by this Act; and that their Names be accordingly inserted into this Article.

And the Instruction so perfected, was, on the Question, agreed.

The Tenth Instruction was read; and, on the Question, agreed.

The Eleventh Instruction was read; and, on the Question, agreed.

The Twelfth Instruction was read:

Resolved, That the Blank for the Time of Imprisonment be filled up with these Words, "Six Months;" and that these Words, "and, in such Case, the Commissioners appointed by this Act, or any Two of them, are hereby impowered to commit them to Prison accordingly," be inserted.

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

The Thirteenth Instruction was read; and, on the Question, agreed.

The Fourteenth Instruction was read; and, on the Question, agreed unto.

The Fifteenth Instruction was read:

Resolved, That the Allowance to the Auditors employed in this Service, shall be Twenty Shillings per Diem, to each of them, during the Continuance of the said Service; and that the Blank in this Instruction be filled up accordingly.

And so that Instruction was, on the Question, agreed.

The Sixteenth and last Instruction was read; and, on the Question, agreed unto.

An additional Instruction was tendered and read; and is as followeth;

That the Commissioners herein named, or any Three of them, shall and hereby are authorized, to call to Account the present Treasurers in this Act named, and James Nelthrop, and John Lawson, Esquires, late Treasurers at Wars, or any other former Treasurers or Commissioners of the Army or Navy, for all such Sums of Money, as they or any of them stand accountable for; and to certify the same Accounts into his Majesty's Exchequer.

Poll Bill.

Ordered, That the additional Names to the last Poll Bill, and such other Names as shall be delivered into the Clerk, by any the Members of this House this Morning, be inserted into this Bill, as additional to the former Commissioners for the Assessments.

The Amendments to the Bill for Six Months Assessments were this Day, upon the Question, agreed unto.

Resolved, That this Bill, with the Amendments, Instructions, and additional Commissioners, be ingrossed.

Lords concur in Order, &c.

Sir Salomon Swayle reports, that he had attended the Lords with the Order for charging the Excise with Two thousand Two hundred Pounds, for Bills drawn by Sir Robert Honywood; and of Five hundred Twenty-eight Pounds for Colonel Streater, and Mr. Macocke, Printers: And that the Lords gave Answer, that they concurred with the first; and, to the latter, would send Answer by Messengers of their own.

Post Office.

A Bill for erecting and settling a general Letter Office, by the King's Majesty, was this Day read the Third time.

Resolved, That these Words, viz. "as in the said Office formerly hath been in Use," be omitted in the 4th Sheet, Line 12th, next after the Word "Letters."

A Proviso was tendered to this Bill; That this Act, or any thing therein contained, shall not extend, or be construed, to prejudice the Liberties, Rights, and Privileges, of either of the Universities of this Land; but that the said Universities respectively may use and enjoy their former Liberties, Rights, and Privileges, of using Carriers to carry and re-carry Letters, to and from the said Universities respectively, as formerly they did; and as if this Act had not been made; any thing therein contained to the contrary in any wise notwithstanding: Which was this Day read the First and Second time; and withdrawn.

Another Proviso was tendered to this Act; That nothing in this Act contained shall extend, or be construed, to prejudice or impeach the ancient Rights and Privileges of the Cinque Ports, and their Members; but that, as formerly, they shall hold and enjoy the same Privilege of sending their own Posts to and from London with Letters; any thing in this present Act contained to the contrary notwithstanding:

And the Question being put, That this Proviso be read the Second time;

It passed with the Negative.

Another Proviso was tendered to this Bill; That all Inland Letters, sent by any Pacquet Post established by this Act as aforesaid, do and shall pay the Rates and Prizes before-mentioned at such Stage where they are last delivered only, unless the Party that delivers the Letters desireth to pay elsewhere; any thing in this Act to the contrary notwithstanding: Which was this Day read the First, Second, and Third time; and, upon the Question, passed.

Another Proviso was tendered to this Bill; That all Letters, or other Things, may be sent or conveyed, to or from the Two Universities of Oxford or Cambridge, in manner as heretofore hath been used; any thing therein contained to the contrary notwithstanding: Which was this Day read the First time:

Resolved, That the Proviso do go generally the Two Universities.

The said Proviso, so amended, was read the Second time; and, upon the Question, agreed unto.

Another Proviso was tendered to this Bill; That this Act, or any thing therein contained, shall not extend to take away the Profit and Benefit belonging to the Barges of Windsor and Maydenhead, in the County of Berkes, and all other Places, for the Carriages of Letters and Pacquets; but that they shall carry the same, as formerly they might have done; and as if this Act had not been made: Which was read the first time; and laid aside.

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

Ordered, That this Bill be sent to the Lords for their Concurrence: And Mr. Tytus do carry this Bill to the Lords:

That this be the Title of the Bill, An Act for erecting and establishing a Post Office.

House to sit.

That this House do sit this Afternoon.

This House adjourns till Two of the Clock.

Post Meridiem.

Boreel's Nat.

THE Bill, ingrossed, sent from the Lords, for the Naturalizing of John Boreel Esquire, Son of Sir William Boreel Knight and Baronet, was this Day read the Third time; and, on the Question, passed.

Ordered, That Sir Geo. Downing do carry this Bill to the Lords.

College Leases.

The House took Consideration of the Amendments and Provisoes, sent from the Lords, to the Bill for Confirming of Leases from Colleges and Hospitals: Which were read the First and Second time; and were afterwards read by Parts: And the said Amendments, being severally put to the Question, were, successively one after another, agreed unto: They being as followeth;

3 Skin, 6 Line, leave out the Word "deceased."

9 Line, after the Word "appear," leave out all to the Word "and," in the 12 Line.

12 Line, after the Word "and," and before the Word "leased," put out the Word "afterward," and insert the Words "are now."

13 Line, after the Word "Two," and before the Word "West," leave out the Words "the said," and insert the Words "one John;" and after the Word "West," leave out the Words "then and before unjustly in Possession."

15 Line, after the Words "that the," insert these Words, "said John Lord Culpepper his."

16 Line, after the Word "Administrators," leave out "of the said Lord Culpepper lately deceased."

18 Line, after the Word "they," and before the Word "be," leave out the Word "may," and put in the Word "shall."

19 Line, after the Word "Fine," and before the Word "Provided," in the 20 Line, leave out these Words, "any thing in this Act to the contrary notwithstanding."

24 Line, after the Word "Clerk," and before the Word "certain," in the 25 Line, leave out the Words "and others;" and, instead thereof, insert "Tho. Bromfeild of London Esquire; and Laurance Marsh of Darking in the County of Surrey Esquire."

36 Line, after the Word "Arthur," and before the Word "out," leave out "and others;" and instead thereof, insert "Thomas Bromfield and Laurance Marsh, or the Survivors or Survivor of them, or the Executors or Executor of the Survivor of them, for the Uses in the said Lease expressed; and not otherwise."

4 Skin, 5 Line, after the Word "Arthur," leave out the Words "and others;" and, instead thereof, insert "Thomas Bromfield and Laurance Marsh."

The First Proviso, viz. "Provided always, and be it Enacted, by the Authority aforesaid, That neither this Act, nor any thing therein contained, shall in any wise extend to confirm or make good any Lease or Leases made by William Lenthall, pretended Warden of the House of Converts, belonging to the Master of the Rolls, since the Thirteenth Day of January 1642, of any Houses or Tenements thereto belonging, to the Prejudice of John Lord Culpepper, his Successors, Lessees, or Assigns, the said Lord Culpepper paying or reimbursing unto the said Lessee or Lessees of such Houses or Tenements such Monies as they or any of them have paid, with Interest for the same, he or they discounting for the mean Profits thereof;" being read the Third time, was, on the Question, agreed unto.

The Second Proviso, viz. "Provided always, That neither this Act, nor any thing therein contained, shall extend to confirm William Hooke, in the Mastership of the King's Majesty's Hospital of the Savoy; nor, to confirm or make good any Lease of any Lands or Tenements belonging to the said Hospital, made between the Thirtieth Day of January in the Year of our Lord 1648, and the First Day of June 1660; the Master of the said Hospital for the Time being, allowing and reimbursing, to all such Lessees, all such Sum or Sums of Money, as they, or any of them, paid to the then Master of the said Hospital, by way of Fine, at the Time of such Lease making, and Interest for the same; and the said Lessees, and every of them, discounting for the mean Profits of the same;" being read the Second time, was, on the Question, agreed unto.

The Third Proviso was read; viz. "Provided always, and be it Enacted, by the Authority aforesaid, That this Act, or any thing therein contained, shall not extend to confirm or make good any Lease or Grant made or mentioned to be made to any Person or Persons, by John Owen, late Dean, and others, Canons, or pretended Dean and Canons of the College of Christ Church, in the University of Oxford, or by any of them, of any the Rectories, Tythes, or Glebe Lands, of Hampton, Wickenford, Badsey, Aldington, Offenham, South Littleton, North Littleton, and Middle Littleton, in the County of Worcester; heretofore the Possessions of Henry late Marquis of Worcester, and Dame Ann his Wife, or either of them; and whereof the said Henry was dispossessed, for his Allegiance and Loyalty to his late Majesty of blessed Memory: But that the Executor or Administrator of the said Henry, shall and may be admitted to renew the Leases of the said Tythes, for such Term and Terms, as the said Dean and Chapter of Christ Church, are by Law enabled to grant the same, the said Executors or Administrators satisfying and reimbursing to such Person or Persons all such Sum or Sums of Money, as he or they have paid for the said Lease or Leases, by way of Fine, with Interest for the same; the said Person or Persons discounting to the said Executors or Administrators, for the mean Profits received thereupon." And on the Question, agreed unto.

The Fourth Proviso read; viz. "Provided also, that this Act, or any thing therein contained, shall not extend to confirm or make good any Lease, Leases, or Estate, made by any pretended Dean and Chapter, Master or Head of any College or Hall in either of the Universities, or of any pretended Masters or Governors of any Hospitals; which said Lease, Leases, or Estate, had not been good and effectual in Law, had they been made by a lawful Dean and Chapter, Master, Head, or Governor of any College, Hall, or Hospital aforesaid; this Act, or any thing herein contained to the contrary notwithstanding:" And, on the Question, agreed unto.

The Fifth Proviso was read; viz.

"Provided also, that neither this Act, nor any thing therein contained, shall extend to confirm any Lease made, or pretended to be made, by the Master, Fellows, and Scholars (or any of them) of Trinity College in Cambridge, since the Year of our Lord 1642, unto any Person or Persons, of the Rectory of Sedbergh in the County of York; but the same shall be in such Condition, as if this Act never had been made: And that Sir Thomas Cotton Baronet, satisfying and reimbursing unto the said Lessee or Lessees all such Sum and Sums of Money, as he or they have really paid by way of Fine, with Interest, for the said Lease, (discounting such Rents and Profits, as by the said Lessee or Lessees have respectively been taken or received out of the Premises) shall be restored to his former Right; and the now Master, Fellows, and Scholars, of Trinity College aforesaid, shall be hereby enabled to lease the said Rectory of Sedbergh, unto the said Sir Thomas Cotton; any thing in this Act to the contrary notwithstanding:"

And, on the Question put, That the same be agreed unto;

It passed in the Negative.

The Sixth Proviso was read; viz.

"Provided also, that this Act, or any thing therein contained, shall not extend to confirm or make good any Lease or Leases of the Rectory or Parsonage of Arrington in the County of Cambridge, which hath long been in the Tenure and Occupation of Thomas Chicheley Esquire, and his Ancestors, by several successive Leases from the Master and Fellows of Trinity College in Cambridge; nor shall confirm or make good any Lease or Leases of the Rectory or Parsonage of Soham, in the said County of Cambridge, which hath likewise been and still is in the Occupation and Possession of the said Thomas Chicheley, by Lease from the Master and Fellows of Pembroke Hall in Cambridge; but that the said Thomas Chicheley, paying and reimbursing the several and respective Tenants or Lessees, the several and respective Sums of Money by them severally and respectively paid to the said College and Hall, for or in the Name of any Fine or Fines for the making or granting such new Lease or Leases, with Interest, (discounting such Rents and Profits, as by them respectively have been taken or received out of the Premises) shall be restored to his ancient Possessions; and the said College and Hall respectively shall be enabled to lease the said several Rectories and Parsonages, with their respective Appurtenances, unto the said Thomas Chicheley; this Act, or any thing herein contained to the contrary thereof in any wise notwithstanding:"

And, on the Question put, That this Proviso be agreed unto;

It passed in the Negative.

The Seventh Proviso was read; viz.

"Provided always, that neither this Act, nor any thing therein contained, shall extend to restore any Person or Persons to any Headship, Fellowship, or Scholarship, or any College or Hall, or to any Chaplain's or Clerk's Place, in any College or Hall in both the Universities; or to any Lecture or Reader's Place that is or shall be ejected out of their respective Headship, Fellowship, Scholarship, Chaplain, or Clerk's Place, or out of any Lecture in the said Universities, by his Majesty's Commissioners, under the Great Seal, for not having been legally, and according to the several Statutes of the said respective several Places, nominated, elected, or admitted, in or to the same; any thing in this Act contained to the contrary notwithstanding."

And, upon the Question, That this Proviso be agreed unto;

The House was divided:

And the Yeas went forth.

And so the Question passed with the Negative.

Ordered, That it be referred to a Committee, to consider of and prepare Heads for a Conference with the Lords, upon the present Debate upon the Three last Provisoes to the said Bill:

Mr. Serjeant Glyn, Sir Wm. Lewes, Mr. Swinfen, Serjeant Maynard, Mr. Hollis, Sir Allen Brodrick, Sir Henage Finch, Sir Tho. Widdrington, Mr. Allen, Mr. Shapcott.

Arrears of Excise.

Ordered, That the Bill for bringing in the Arrears of the Excise, be read To-morrow Morning.

Wine Licences.

The Bill for settling of Wine Licences was this Day read the Second time; and, upon the Question, committed to Mr. Pryn, Mr. Knight, Mr. Foxwist, Mr. Serjeant Glyn, Mr. Bascawen, Mr. Burton, Mr. Bampfeild, Mr. Bodarda, Mr. Baker, Mr. Jennings, Mr. Tho. Jones, Lord Bruice, Mr. Hide, Mr. Bulwer, Sir Lancelot Lake, Sir Geo. Booth, Mr. Shapcot, Sir John Carter, Sir Edw. Mansell, Sir Richard Temple, Mr. Tytus, Sir Tho. Clergis, Sir Geo. Downing, Sir Robert Brookes, Sir Tho. Dacres, Serjeant Charlton, Sir Henry Cesar, Mr. Ferrers, Sir Ralph Knight, Sir Henry Williams, Sir John Marsham, Mr. Lowther, Mr. Wendy, Sir Henry Lee, Mr. Rolles, Mr. Roberts: And they, or any Five of them, are to meet To-morrow Morning at Seven of the Clock, in the Speaker's Chamber.