House of Commons Journal Volume 8: 21 December 1660

Friday, 21st December, 1660.

Prayers.

Powell's Estate.

A BILL, ingrossed, sent from the Lords, for the making void certain Fines unduly procured to be levied by Sir Edward Powell Knight and Baronet, and Dame Mary his Wife, was this Day read the First time.

Wards and Liveries.

Mr. Streete reports from the Committee to whom the Petition of the late Officers of the Court of Wards was referred, the yearly Value of their respective Offices; and the Recompence, which the Committee conceive equal to be allowed in respect thereof; being as followeth:

The particular Auditors for Management of the Revenue being Officers within the Statute of 32 H. VIII. and 46, which are now living at Two Years and half Value.

Darnell's Petition.

The humble Petition of Ralph Darnell, Clerk Assistant, was this Day read.

Officers of Court of Wards.

The Question being propounded, That the Officers of the Court of Wards, whose Names are mentioned in the Report from the Committee, to whom the Case of the said Officers was referred, are fit (in Case the Bill pass for taking away the Court of Wards) to be taken into Consideration, for a Recompence for their respective Places, according to the Committee's Report;

And the Question being put, That the Question be now put;

It passed in the Negative.

Bills from Lords.

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

Mr. Speaker, The Lords have sent you an Answer to Seven several Bills; viz. The Bill against planting Tobacco in England: The Bill to enable the Master of the Rolls to let Leases: The Bill to enable Mr. Faunt to sell Lands for Payment of Debts: The Bill to enable Sir Wm. Wreyto sell Lands for Payment of Debts: To which Four their Lordships do concur. They have also sent you Three other Bills: One for levying the Arrears of Six and Twelve Months Assessments; another for granting an Imposition on Beer and Ale, for Increase of his Majesty's Revenue during his Life: To which their Lordships do also concur. The Seventh is intituled, An Act for taking away the Court of Wards and Liveries, &c.: In this their Lordships have made some Alterations and Additions, wherein they desire the Concurrence of this House.

Wards and Liveries.

The Amendments, and Two Provisoes, sent from the Lords, to the Bill for taking away the Court of Wards, &c. were read the First time; being as followeth:

2 Skin, 8 Line, after the Word "Heriots," and before the Word "Suits," put in the Word "or;" and after the Word "Court," and before the Word "or," put in these Words, "belonging or incident to any former Tenure now taken away, or altered, by virtue of this Act."

16 Line, after the Word "Customs," and before the Word "to," put in these Words, "of particular Manors or Places;" and after the Word, "to," and before the Word "any," put in these Words, "the King or;" and after the Word "Person," leave out all the Words to the Word "provided," in the 19 Line.

33 Line, after the Word "Children," and before the Word "by," put in these Words, "whether born at the Time of the Decease of the Father, or at that Time in Ventre sa Mer; or whether such Father be within the Age of Twenty-one Years, or of full Age."

46 Line, after the Word "Children," and before the Words "shall be," put in these Words, "hath been or."

54 Line, after the Word "Children," and before the Words "shall be," put in these Words, "hath been or."

3 Skin, 60 Line, leave out the Words "make, and cause to be made, Resistance thereunto," and, instead thereof, put in "commit, or cause to be committed, the Party or Parties so doing and offending, to Gaol, till the next Sessions, there to be indicted, and proceeded against for the same."

62 Line, after the Word "therein," leave out the Words "and defend them from such Trespass."

9 Skin, 36 Line, after the Word "of," and before the Word "Parliament," put in these Words, "this present."

To add the Proviso, concerning Feodal Honours, to the End of that Part of the Bill which concerns the Court of Wards.

To add the Proviso at the End of the Bill.

The First Amendment was read the Second time, with the Coherence; and, on the Question, agreed.

The Second Amendment was read the Second time, with the Coherence.

Ordered, That it be referred to a Committee presently to withdraw, and to consider of the whole Amendments and Provisoes; and of their Coherence with the Bill; and report their Opinions thereon to the House; viz. to Sir Henage Finch, Serjeant Glynn, Colonel King, Serjeant Charlton, Mr. Hollis, Mr. Pierpont, Sir Tho. Widdrington, Mr. Bampfeild, Mr. Pryn, Mr. Allen.

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

The House have considered of your Message; and as to the Alterations and Additions to the Bill touching the Court of Wards, they will return Answer by Messengers of their own.

College Leases.

Ordered, That the Committee, appointed Yesterday to prepare Heads for a Conference with the Lords, upon the Povisoes sent from the Lords to the Bill for confirming College and Hospital Leases, do forthwith withdraw, and prepare Heads accordingly.

Post Office.

Mr. Tytus carried to the Lords the Bill for erecting and establishing a Post Office.

Boreel's, &c. Nat.

Sir George Downing carried to the Lords the Two Bills, sent from the Lords, for Naturalizing of Mr. Boreel and Mr. Waughter.

Cryme's Estate.

The Lord Herbertcarried back to the Lords the Bill for Sir Thomas Crymes.

Supply by Assessment.

The Bill, ingrossed, for granting to his Majesty Six Months Assessments, at Seventy thousand Pounds by the Month, for disbanding the Remainder of the Army, and paying off the Navy, was this Day read the Third time.

An additional Instruction was tendered to this Bill, for the Auditors to state the Accompts of the Regiments of Major General Morgan, Colonel Mann, and Colonel Daniell, now in Scotland; and the Troop under Command of Major General Morgan; and for the Commissioners to pay and disband them:

And the Question being put, That the said Instructions be read;

It passed in the Negative.

Resolved, That, in the First Skin, Line 21, after the Word "Pounds," and before the Word "for," these Words, "for Six Months," be inserted.

Resolved, That, in 2 Skin, Line 6, instead of "the Five-and-twentieth of December," these Words, "the One-and-thirtieth of December," be inserted.

Resolved, That, Skin *, Line 17, instead of the Word "Commissioners," the Word "Treasurers" be inserted.

Resolved, That, in Skin 2, Line 29, after the Word "Kingdom," and before the Word "who," these Words, "or Three of them," be inserted.

Resolved, That, in the 2, 3, 4, 5, and 8 Instruction, after the Word "for," and before the Word "disbanding," these Words, "paying or," be inserted.

A Proviso was tendered to this Bill:

Provided always, and it is hereby declared, That no Manors, Lands, Tenements, and Hereditaments, which were formerly assessed and taxed, for and towards former Assessments and Land Taxes, and are now in the Possession, or Holding of his Majesty, or of the Queen's Highness, or of any Ecclesiastical Person or Persons, or his, her, or their Farmers and Tenants, shall be exempted from the Payment of the several Sums of Money in this Act comprised; but that the said Manors, Lands, Tenements, and Hereditaments, shall be rated, assessed, and taxed, for and towards the said several Sums of Money in this Act comprised, in such Manner and Form, as they were of late rated, taxed, and assessed, for and toward the said former Land Rates; any Law, Statute, or Custom, to the contrary thereof in any wise notwithstanding:

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

Ordered, That the additional Names of Commissioners to this Bill, now offered, be inserted.

And so the Bill, with these Amendments, on the Question, passed.

Ordered, That the Title of this Bill be, An Act for granting to the King's Majesty Four hundred and Twenty thousand Pounds, by an Assessment of Seventy thousand Pounds by the Month, for Six Months, for disbanding the Remainder of the Army, and paying off the Navy.

Resolved, That this Bill be sent to the Lords for their Concurrence: And the Lord Herbert is to carry it to the Lords.

Bills from Lords.

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

Mr. Speaker, The Lords have commanded us to return these Two Bills; one, for Naturalization of Francis Hide, and others; the other, for Confirmation of Marriages: To which they have made some Amendments; and humbly desire, that this honourable House will please to concur with them therein.

Hide's Nat.

The Amendments, sent from the Lords, to the Bill for Naturalization of Francis Hide, and others, were read; being as followeth.

9 Line, instead of "Thomas Michael," make it "Michael Thomas:"

And, on the Question, were agreed unto.

Confirming Marriages.

The Amendments sent from the Lords to the Bill for Confirmation of Marriages, were read the First time; and after were read the Second time, with the Coherence.

The First Amendment in the 25 Line was read; and, upon the Question, agreed unto.

The Question being put, To agree to the last Amendments;

It passed with the Negative.

Ordered, That Sir Edward Turner, Mr. Thurland, Lord Valentia, Serjeant Glynn, Mr. Prynn, Serjeant Rainsford, Mr. Solicitor, Colonel King, do prepare Heads and Reasons to be offered, upon a Conference with the Lords, upon the Amendments to the Bill for Confirmation of Marriages.-

Lords will sit.

Sir Thomas Meeres reports, that the Lords return Answer, that they will sit this Afternoon, as is desired.-

Answer to Lords.

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

The House have considered of your Message; And, as to the Amendments to the Bill for Naturalization of Francis Hide, and others, they agree: And, as to the Amendments to the Bill for Confirmation of Marriages, this House will send Answer by Messengers of their own.

Wards and Liveries.

Sir Henage Finch reports from the Committee appointed to withdraw to consider of the Amendments, sent down from the Lords, to the Act for taking away the Court of Wards, and Liveries, and Purveyance, that as to all the Amendments, saving the Amendments to the Proviso, are for the better; and that the Amendments, made by this Proviso, touching the Custom of Mortaigne, may be an Occasion of a Conference, in order to the leaving out of the whole Proviso; That to the other Proviso, for saving the Honours of the Lords, they think fit to agree.

The Amendments to the said Bill, sent from the Lords, were read:

And the Amendment, 2 Skin, 8 Line, being put to the Question, was agreed unto.

The next Amendment, 16 Line, 2 Skin, was read:

And the Question being put, To agree to the said Amendment;

It passed with the Negative.

The Proviso, sent down from the Lords; "That neither this Act, nor any thing therein contained, shall infringe or hurt any Title of Honour * or other . . by which any Person hath or may have Right to sit in the Lords House of Parliament, notwithstanding the taking away of Tenures in Knights Service; but that the said Honours shall remain in Force, to all Intents and Purposes, as if the said Tenures in Knights Service had not been taken away by this Act;" was read:

And the Question being put, To agree to the said Proviso;

It passed in the Negative.

Resolved, That this House doth agree to this Proviso, thus amended; viz.

After the Word "Parliament,"these Words be added, viz. "As to his or their Title of Honour, or Sitting in Parliament, and the Privilege belonging to them as Peers; this Act, or any thing therein contained to the contrary in any wise notwithstanding:" And that the rest of the Proviso be omitted.

The next Proviso, sent down from the Lords, touching Inn-keepers, &c. entering into a Recognizance, was read; being as followeth:

"Provided always, and be it Enacted, by the Authority aforesaid, for the better Regulating of the Excise, and carrying on the same with the more moderate Charge to his Majesty, and the Subjects, that no Person or Persons whatsoever, which shall be a publick Brewer, Innkeeper, Alehouse-keeper, or Victualler, in any City, Borough, Town Corporate, Parish, Village, or Hamlet, within the Kingdom of England, Dominion of Wales, or Town of Barwicke upon Tweed, shall, from and after the 24 of March 1660, brew or sell any Ale, Beer, or any other Liquors, for which Excise is to be paid by this Act, unless every such Person and Persons shall, at the next Quarter Sessions of the Peace, to be held after the 25th Day of December in the said Year of our Lord 1660, in any City, County, Borough, or Town Corporate, respectively, take a Licence from the Court of the Sessions of the Peace, or from Two Justices of the Peace, for the Space of one whole Year next following the Date of the said Licence, for brewing or selling the said Ale, Beer, and other Liquors; unless such Person and Persons shall then also give Security, by Recognizance, at the said Court of Sessions, to his Majesty, for the Payment of the respective Duties of Excise, according to the Tenor of this Act. And be it also Enacted, That the Clerk of the Peace for the said Cities, Counties, Boroughs, and Towns Corporate, shall, from time to time, record the said Licences, so granted, and receive the said Recognizances so given; and that every Person and Persons so licensed shall pay unto the Clerks of the Peace for the Recognizances, if above Ten Pounds, Two Shillings; if under Ten Pounds, One Shilling; and no more."

And the Question being put, To agree to this Proviso;

It passed with the Negative.

Lords concur in Orders.

Sir Clement Throgmorton reports, that he had delivered to the Lords the Orders of this House, for charging the Excise with One thousand Pounds for Mrs. Lane; and with One thousand Four hundred Pounds for the Hospitals of the Savoy and Ely House: And the Lords gave Answer, that they concurred therein.

Conference desired with Lords.

Ordered, That Captain Tytus do desire a Conference with the Lords, upon the Bill for the Court of Wards and Purveyance; and to the Bill for Confirmation of Marriages; and to the Bill for Confirmation of College and Hospital Leases.

Privilege- Resistance to Warrant.

This House having formerly issued an Order for the Serjeant at Arms attending this House to send for, in Custody, Wm. Nabbs and Mr. Maurice Tompson, for violating the Privilege of this House in the Case of Sir Francis Lawley; and being informed, that the said Nabbs withdraws himself, and that the Serjeant's Deputies, who had in Charge the Warrant as to Mr. Tompson, were denied Admittance to him; and that slighting and contemptuous Words were given, touching the Warrant; the said Deputies were called in to the Bar of this House; and examined; viz. Walter Curtis, and Symon Lowen:

Resolved, That Mr. Maurice Tompson be sent for, in Custody, to this House, as a Delinquent: And that the Serjeant at Arms be impowered to break open Mr. Tompson's House, in case of Resistance; and also to bring in Custody all such as shall make Opposition therein: And he is to call to his Assistance the Sheriff of Middlessex, and all other Officers, as he shall see Cause; who are required to assist him accordingly.

Lords desired to sit.

Ordered, That Sir Thomas Meeres do go to the Lords, and desire, that they will please to sit this Afternoon.

Fisheries.

Ordered, That the Committee to whom the Bill for Encouragement of Fishery is referred, do make their Report in the Afternoon.

Excise.

Ordered, That next after the Report upon the Bill for Fishery, the Bill for the Excise be taken into Consideration.

Wine Licences.

Ordered, That next after the Business of the Excise, the Report be made touching the Bill for Wine Licences.

This House adjourns till Three in the Afternoon.

Post Meridiem.

Fisheries.

SIR George Downing reports Amendments to the Bill for Encouraging of the Fishery of this Kingdom: Which he read in his Place; and were afterwards read the First and Second time by the Clerk.

Resolved, That the Restraining of the Use of Drift Nets or Stream Nets, between June and November, in the High Sea, upon the Coast of Cornwall, within a League and Half of the Shore, be enlarged to the Western Coast, as far as the Coast of Dorsetshire.

Resolved, That this Bill do continue in Force for Three Years; and from thenceforth to the End of the First Session of Parliament then next following.

The Question being put, That this House doth agree with the Committee, that That Clause in the Amendments, which limits Wednesday to be a Fish Day in all Inns, Taverns, and Victualling Houses, do stand;

The House was divided:

And the Yeas went forth.

And so the Question passing in the Affirmative;

Resolved, That this House doth agree with the Committee, that That Clause in the Bill, which limits Wednesdays to be a Fish Day in all Taverns, Inns, and Victualling Houses, do stand.

And the Amendments, so altered, being put to the Question, were agreed.

Candles.

Resolved, That Candles be brought into this House.

An enacting Clause was tendered to this Bill * * * *.

Supply by Assessment.

Sir Henage Finch reports a Bill for Seventy thousand Pounds for One Month's Assessment to the King's Majesty, to commence First July 1661: Which was read the First time.

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

And it was read the Second time accordingly.

Resolved, That this Bill be ingrossed: And that the Proviso, agreed on this Day to the Bill for Six Months Assessments, and the Names of the additional Commissioners to that Bill, be ingrossed with the Bill.

Bill sent to Lords.

Lord Herbert carried to the Lords the Bill for Six Months Assessment, passed this House in the Forenoon.

Conference with Lords.

Mr. Tytus reports, that he attended the Lords with the Desire of this House, that their Lordships will grant a present Conference with this House: And that the Lords do agree to a present Conference in the Painted Chamber.

Resolved, That the Committees appointed to prepare the Heads of the Conferences with the Lords upon the Bills, touching the Court of Wards; That for Confirmation of Marriages; and That for Confirmation of Leases from Colleges and Hospitals; be the Committees for managing the said Conferences.

Excise, &c.

Colonel King reports a Bill for the Excise and Accompts: Which was read the First and Second time; and, on the Question, committed to Mr. Thomas, Sir Roger Bradshaw, Sir Richard Onslow, Sir John Frederick, Sir Roger Wolsley, Sir Sol. Swayle, Mr. Henly, Sir Gilb. Gerard, Mr. Hollis, Mr. Bulkley, Lord Fairfax, Mr. Elliott, Mr. Bampfield, Mr. Pryn, Lord Viscount Valentia, Mr. Chafe, Mr. Yong, Mr. Sprey, Sir Geo. Downing, Mr. Sir Edw. Massey, Mr. Sprcy, Sir Geo. Downing, Mr. Buller, Sir Wm. Tredenham, Sir Allen Brodricke, Sir Edmond Bowyer, Mr. Sprey, Mr. Jolliffe, Sir Wm. Lewes, Sir Edw. Massey, Mr. Knightly, Mr. Walpoole, Colonel King, Mr. Titus, Sir Tho. Meeres, Mr. Elliot, Sir Wm. Doyly, Mr. Knight, Colonel Birch, Sir Wm. Vincent, Sir Lancelot Lake, Mr. Rolle, Mr. Harris, Sir Tho. Dacres, Mr. Bascowen; or any Five of them: And they are to consider of the most expeditious Way to accomplish the Ends of that Bill; and of the Arrears due for Prize Goods; and those in the Hands of any Treasurers, Receivers, or Tenants of Impropriations; and also of the Monies collected for the Protestants of Polonia, not answered, or for propagating the Gospel in New England: And they are to meet in the Speaker's Chamber, at any time between the Rising and Sitting of the House: And Colonel King is desired to take care of it.

Ordered, That the several Sums of Money charged, by Orders of this House, on the Excise of Foreign Goods imported, be transferred to, and charged upon, the Arrears of Excise, in the Course as formerly ordered.

Conference.

Sir Henage Finch reported, that the Committee had attended the Conference with the Lords; and that their Lordships had taken time to consider of what was offered by the Committee.

Relief of Soldiers.

Resolved, That to the Order of Tuesday last concerning One thousand Four hundred Pounds, for the Hospitals of the Savoy and Ely House, this Clause be added; viz. "unto Mr. Wm. Ashby, Treasurer for the maimed Soldiers, Widows, and Orphans, of the Hospitals of Ely House and the Savoy: And that the Persons named of that Committee, to whom the Business of the said Hospitals is referred, or any Three of them, do take care for the speedy distributing and proportioning the said Money among the maimed Soldiers, Creditors, and Officers of the said Hospitals; and, to that Purpose, to issue out their Orders to the said Mr. Ashby, to pay the Sums mentioned therein immediately after the Receipt of the said Money.

Ordered, That it be referred to the last-mentioned Committee, to consider how the said Order may be made effectual: And to report it to the House.