House of Commons Journal Volume 8: 22 December 1660

Saturday, 22d December, 1660.

Prayers.

Earl of Donnegall's Claims.

SIR Anthony Irby reports from the Committee to whom the humble Petition of Arthur Lord Chichester, Earl of Donnegall, was referred; that upon Examination of the Case, it appeared to the Committee, that James Boswell did, 1642, deliver in Ireland, for Relief of the English Army there, Victuals, and other Provisions, to the Value of One thousand Five hundred Thirty-two Pounds Fifteen Shillings; and that, for securing thereof, the said Earl did enter into a Bond, dated Twenty-sixth June 1643, in the Penalty of Two thousand Pounds; and that the said James Boswell did also, in the Year 1644, deliver in Ireland, for the Use of the British Forces there, a further Quantity of Provisions amounting to Two thousand Fifteen Pounds Eleven Shillings and Ten-pence; and that, in Satisfaction of the said First Debt, and towards Satisfaction of the said other Debt, the said James Boswell, received, by Customs of Wine and Excise,

Besides Interest:

And that the Bond so entered into by the said Earl, is now in the Hands of John Forke, Administrator of the said James Boswell: And that the Committee are of Opinion, that the said Debt, being a publick Debt, and that the said James Boswell having received more than the First Debt, for securing of which the said Bond was entered into, the said Bond ought therefore to be delivered up to the said Earl, and the said Earl discharged therefrom; and that the Sum remaining unpaid of the said Debts, be satisfied to the said James Boswell's said Administrator, in such a way as the Parliament shall think fit.

Ordered, That the Earl of Donnegall be discharged of the said Bond; and that the same be delivered up unto him, or his Assigns, by the Administrator of the said James Boswell, to be cancelled.

The Lords Concurrence is desired herein: And the Lord Angier is to carry it to the Lords.

Resolved, That the Remainder of the Money due to James Boswell, be left charged on the former Security.

Bills from Lords.

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

Mr. Speaker, The Lords have sent you here Two Bills; one intituled, An Act for confirming the Sale of the Manor of Hitcham, sold to Mr. Charles Doe by Sir John Clarke: The other intituled, An Act for erecting and establishing a Post Office: In both which, their Lordships have made some Alterations, wherein they desire the Concurrence of this House.

Doe's Estate.

The said Amendments to Mr. Doe's Bill were read, being as followeth; viz.

6 Skin, 22 Line, after the Word "Sir," and before the Word "Varney," leave out the Word "Thomas," and put in the Word "Francis."

7 Skin, 7 Line, after the Word "to," and before the Word "every," put in these Words, "The King's Most Excellent Majesty, his Heirs and Successors, and to:"

And, on the Question, were agreed unto.

Post Office.

The Amendments to the Bill for the Post Office, taking away the Proviso about Letters to Members of Parliament, were read; being as follows;

The Clause in the 43 Line, beginning with the Word "provided," to be wholly left out; ending with the Word "notwithstanding," in the 48 Line; and, on the Question, were agreed unto.

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

The House hath considered of your Message; and of the Amendments to both the Bills; to which this House doth agree.

Wine Licences.

Resolved, That the Amendments to the Bill for Wine Licences be now reported and proceeded in.

Mr. Bodarda reports from the Committee, Amendments, and four Provisoes, to the Bill for settling the Business of Wine Licences: Which he first read in his Place; and were after read the First time at the Table; and were read the Second time by Parts, with the Coherence; and, being severally put to the Question, they were agreed unto.

Ordered, That Folio 4, Line 14, instead of these Words, "Company and Freemen," these Words "Freemen and Commonalty of the Mystery," be inserted.

The First Proviso, for Three Taverns at St. Albans, for maintaining a Free School there, was read the First and Second time; and, on the Question, agreed unto.

The Second Proviso was read the Second time; the same concerning former Grants under the Great Seal, for selling Wine by Retail; and, on the Question, was laid aside.

The Third Proviso was read the Second time; the same concerning the obtaining of Certificates from the Justices, before Licence to sell Wines be granted; and, on the Question, was laid aside.

The Fourth Proviso, concerning the Fees and Rewards in respect of this Service, was read the Second time;

Resolved, That a Penalty of Ten Pounds be inserted into the said Clause:

Which was accordingly inserted: The Proviso, with that Amendment, was, on the Question, agreed.

A Proviso was tendered to this Bill; That this Act, or any thing therein contained, shall not extend to the Prejudice of the Town of Barwicke upon Tweed, or any the Inhabitants thereof; but that they, and every of them, may sell Wines by Retail in that Place, without Licence from any Commissioners in this Act named or hereafter to be appointed in that Behalf; any thing in this Act contained to the contrary thereof in any-wise notwithstanding: Which was read the First time; and, on the Question, laid aside.

Ordered, That the Lord Viscount Valentia, Sir Anth. Irby, Mr. Bampfeild, Mr. Bodarda, Mr. Knight, Sir Wm. Vincent, Sir Hanage Finch, Mr. Allin, Sir Geo. Downing, Mr. Prynn, Sir Tho. Bluddworth, do withdraw, and pen a Clause, upon the Debate of the House, to prevent the mingling and sophisticating of Wines:

The Question being put, That a Clause be inserted into this Bill, for enabling of the Landlords or Owners of any Tavern to take Wine Licences, as well as any Vintner, or other Person, selling by Retail;

The House was divided:

And the Yeas went forth.

And so the Question passing in the Affirmative;

Resolved, That a Clause be inserted into this Bill, for enabling of the Landlords or Owners of any Tavern to take Wine Licences, as well as any Vintner, or other Person, selling by Retail.

And this Clause, in 3 Folio, Line 4, viz. "or to the Landlord and Owner of the House where the Person using such Trade shall sell and utter Wine by Retail," being now read; and, according to the said former Vote, inserted into the Bill; was agreed unto.

Resolved, That it be referred to the Committee last named, to take into Consideration, the quickening of the Execution of those Laws which provide for the setting of the Price on Wines.

Letter from Queen of Bohemia.

A Letter from her Majesty the Queen of Bohemia, directed, "To the Speaker of the House of Commons," and dated at the Hague, 2 November 1660; was this Day read.

Message from Lords.

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

Mr. Speaker, The Lords have returned this Bill of Assessments with some Amendments, and a Proviso; and humbly desire your Concurrence:

They have likewise commanded us to signify to this House, that they fully concur with you in the Bill concerning Sir Edward Gostwicke; and in That concerning Mr. Micklethwayte:

They also commanded us to signify their Desire to this House, that they will sit this Afternoon: And they have commanded us to put you in mind of my Lord of Dorsett's Bill, concerning the Manor of Knolle.

Supply by Assessment.

The Proviso sent from the Lords, to the Bill for Six Months Assessments, was read the First, Second, and Third time, being as followeth; viz.

"Provided also, that nothing herein contained, shall be drawn into Example, to the Prejudice of the antient Rights belonging to the Peers of this Realm;"

And, on the Question, was agreed.

The Amendments sent from the Lords to the Bill for Six Months Assessments were read; and are as followeth; viz.

To add the Proviso to the Beginning of the 3 Skin.

1. Under the Title of Montgomery, after the Word "Waring," put in these Words, "of Oldbury."

2 Instruction, 4 Line, after the Word "Supremacy," and before the Word "and," add these Words, "or shall take the same, when they shall be thereunto required."

7 Line, after the Word "there," and before the Word "pay," put in "Arrears of their;" and, after the Word "pay," leave out all the Words to the Word "to," in the 8 Line; and instead thereof, read "according to his Majesty's gracious Promise and Engagement to the Admirals at Sea, by his Letter dated 1/ 14; April 1660, from Breda."

12 Line, after the Word "Supremacy," and before the Word "and," put in these Words, "or shall take the same, as aforesaid."

14 Line, after the Word "pay," leave out all the Words, to the Words "and the," in the 16 Line; and, instead thereof, put in the Word "accordingly."

9 Instruction, 5 Line, after the Word "Esquire," and before the Word "shall," put in these Words, "and John Walker Gentleman."

To leave out the Rider at the End of the 2 Instruction.

The First Amendment for adding these Words, "of Oldbury," was read; and, on the Question, agreed.

The Second Amendment, concerning the Oath of Supremacy, was read; and, on the Question, agreed unto.

The Third Amendment, for adding "Arrears of their," was read; and, on the Question, agreed unto.

The Fourth Amendment, for omitting the Words after the Word "pay," and inserting other Words, was read.

Resolved, That this House do adhere to that Part of the Bill, as it was sent from the Lords.

The Fifth Amendment, concerning the Oath of Supremacy, was read; and, on the Question, agreed unto.

The Sixth Amendment, Line 14, was read:

Resolved, That this House doth adhere to this Part of the Bill, as it went from this House to the Lords.

The Seventh Amendment, 9 Instruction, 5 Line, for adding "John Walker Gentleman," was read; and, on the Question, agreed unto.

The Eighth Amendment, for leaving out the Rider, was read:

Resolved, That this House doth adhere to this Part of the Bill, as it went to the Lords.

Resolved, That this House do sit in the Afternoon.

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

The House have considered of your Message; and will sit this Afternoon:

They will give what Dispatch they can to the Earl of Dorset's Bill; and for the Amendments to the Assessment Bill, they will return Answer by Messengers of their own.

Lords desires Conference.

Another Message from the Lords, by Mr. Bennet and Mr. Child, Two Masters of Chancery;

Mr. Speaker, The Lords desire a free Conference with this House, in the Painted Chamber, at Five of the Clock in the Afternoon, touching the Three Bills; and the Exceptions offered at the last Conference.

Resolved, That a 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 free Conference with the Lords, as is desired.

Wine Licences.

Sir Henage Finch reports from the Committee, an enacting Clause to the Bill for Wine Licences, for better preventing the mingling of Wines: Which was read by him in his Place; and after read the First and Second time by the Clerk:

Resolved, That "Lime," be added in the said Clause.

And the Clause, so amended, was agreed; and ordered to be Part of the Bill.

Resolved, That this Bill, with the Amendments, Provisoes, and Clauses, as now agreed, be ingrossed.

This House adjourns till Three of the Clock in the Afternoon.

Post Meridiem.

Darnall's Claims.

ORDERED, That the Case of Ralph Darnall Esquire, Clerk Assistant to this House, (as to his Purchase of the Manor of Monkland, in the County of Hereford, and of the Mills and Demesne Lands to the said Manor belonging) be and is hereby specially recommended to the Commissioners appointed by the King's Majesty to treat with Purchasers and Ecclesiastical Persons: And the said Commissioners are desired by this House, to take special Care, that, according to the Resolves and Votes of the Grand Committee of this House, to whom the Bill of Sales was committed, the said Ralph Darnall, his Executors or Assigns, have the full Sum of One thousand Six hundred Twentythree Pounds Fifteen Shillings and Nine Pence, (being the Purchase Money by him paid) with Interest after the Rate of Six Pounds per Cent', ever since the 24th March 1650, allowed, and paid, and satisfied, unto him, his Executors or Assigns; he or they discounting the mean Profits by him or them received: And that the said Ralph Darnall, his Heirs or Assigns, do hold the Possession of the said Manor and Lands, until he or they be satisfied the said Sum of One thousand Six hundred Twenty-three Pounds Fifteen Shillings and Nine-pence, with Interest, as aforesaid; or otherwise, that the Dean and Canons of Windsor do grant unto the said Ralph Darnall, and his Heirs, a good Lease in Law of the said Manor of Monkland, and of the Mills and Demesne Lands of the said Manor of Monkland, by the said Ralph Darnall, purchased, as aforesaid, for the Term of Three Lives, to be named by the said Ralph Darnall, under usual Covenants; reserving unto the said Dean and Canons, and their Successors, the ancient and accustomed Rent formerly reserved for the said Manor and Lands, to the said Dean and Canons; in full Satisfaction for the said One thousand Six hundred Twenty-three Pounds Fifteen Shillings and Nine-pence, with Interest for the same.

Excise.

Colonel King reports Amendments to the Bill for bringing in the Arrears of the Excise: Which he first read in his Place, with the Coherence:

Resolved, That Candles be forthwith brought into the House.

The Amendments reported to the Bill for getting in the Arrears of Excise, were read the First time, and the Second time, with the Coherence, at the Table.

Resolved, That 2 Folio, 11 Line, these Words, "or other Person or Persons," be omitted.

Resolved, That the Commissioners to put this Act in Execution, be the present Commissioners for Disbanding of the Army, and Paying off the Navy; viz. Sir Richard Browne, Sir William Doyly, Edward King Esquire, John Birch Esquire, William Prynn Esquire, Robert Scawen Esquire.

Ditto.

Resolved, That Arthur Sprey Esquire, be added to the said Commissioners.

A Proviso and enacting Clause was tendered to this Bill; viz. Provided, and be it further Enacted, That the Commissioners appointed for this Service, shall have Power, and are hereby authorized, to make Allowance to Merchants, who have Accounts depending for Arrears of Excise, of all Sums of Money to them due upon half Subsidy, and other Allowance, for Goods imported before the Twenty-fourth of June 1660; as also all such Allowance as was to have been made at the Office of Excise, upon Goods exported; due Proof being first made, that the Duties and Imposition of Custom and Excise have been duly paid and satisfied: Which was read the First and Second time; and, on the Question, agreed; and ordered to be Part of the Bill.

Resolved, That Folio 2, Line 11, after the Word "Accounts," these Words, "Commissioners of Excise, Sub Commissioners, Farmers, and Collectors of the said Excise," be inserted.

And the Amendments, with these Alterations, being put to the Question, were agreed unto.

Resolved, That this Act shall continue in Force for the Space of Two Years, from the Twenty-fifth Day of December 1660, and no longer.

Resolved, That this Bill, with these Amendments, be ingrossed.

Conference with Lords.

Sir Henage Finch reports the Substance of the last Conference with the Lords, concerning the Three Bills,- touching the Court of Wards,-Marriages,-and Leases from Colleges and Hospitals:

"That the Alterations, in the Bill, for Confirmation of Marriages, their Lordships found so small, that they agreed the Bill as sent from this House."

"That, in the Bill for taking away the Court of Wards, their Lordships had agreed upon some Alterations to the Proviso they formerly sent down; and had delivered a new Proviso, with the said Alterations: The other Proviso, concerning Feodal Honours, their Lordships have agreed with the Amendments, as we sent it up: The long Proviso, for better Collection of Excise, and Recognizances in that Behalf, their Lordships are content to leave it out of the Bill."

"That, in the Bill for confirming Leases from Colleges and Hospitals, the Question was only about the Three last Provisoes. The First, concerning Sir Thomas Cotton's Interest, in the Lease of Sedbergh Rectory: And their Lordships took notice of what had been said, "that Sir Thomas Cotton's Lease was expired before the other procured; that he sought not to renew it; and that the present Lessee came in upon a greater Consideration:" But they have since received Information, that Sir Tho. Cotton offered his Oath, that he had endeavoured to renew it within Three Years of the Expiration; and therefore they have made an Alteration therein, leaving it to the Pleasure of the College, to renew the Lease to him, or confirm it to the other. To which it was replied, that the Amendment is made worse than it was before: And the Lord Chancellor said he had nothing more to say to that. -To the next Proviso, concerning Mr. Chicheley, the Lord Chancellor told us, Mr. Chicheley had all along expressed great Fidelity to his Majesty; and on that score the Lease was refused to him; and that being a Man wanting to himself, in following his private Affairs, he supposed, when a Parliament and Two Houses sat, he should not have fared worse, for want of his eager Prosecution: And so they left that to our Consideration.- To the last Proviso, concerning Heads, Fellows, and Scholars, &c. of either of the Universities, which is or shall be ejected by the King's Commissioners, as it first came from the Lords it was without a limited Time; and now their Lordships have amended it to a Time, viz. before the Twenty-fifth of March next; and instead of "both the Universities," they had inserted, "either;" and so they conceive they had, in a great measure, satisfied the Desire of this House. It was insisted on by the Committee; that the Commissioners for Visitation were employed about June, and have acted vigorously since; and that it may be presumed they have completed whatsoever is necessary for Regulation; and that the Continuance of the Power of Ejection, till the Twenty-fifth of March next, will give Occasion to make Reviews for a Quarter of a Year longer. The Lord Chancellor said, he now serves the University in the Place of Chancellor; and believes the Commission is at least so far determined, that there will be no further acting in it; but if the Time be too long, he left it to us to lessen the Time as we shall see Cause."

He also delivers a Paper of Amendments to the Bill for taking away the Court of Wards, received from the Lords at a Conference, being as followeth;

2 Skin, 15 Line, after the Word "Fines," leave out the Words "Duties or Payments;" and instead thereof, add these Words, "for Alienation."

16 Line, after the Word "Customs," add these Words, "of particular Manors and Places," other than Fines for Alienations of Lands or Tenements holden immediately of the King in Capite;" and leave out all the rest of the Proviso.

The Proviso will then be thus read;

"Provided always, and be it Enacted, That any thing herein contained, shall not take away, nor be construed to take away, any Fines for Alienation, due by particular Customs, of particular Manors or Places, other than Fines for Alienations of Lands or Tenements, holden immediately of the King in Capite:"

Which was read; and, on the Question, agreed unto.

Another Proviso,-"That neither this Act, nor any thing therein contained, shall infringe or hurt any Title of Honour Feodal or other, by which any Person hath, or may have, Right to sit in the Lords House of Parliament, 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."

Which was read; and agreed unto.

Resolved, That these two Provisoes be ingrossed into the Bill; and the Bill returned to the Lords.-

Disbanding the Army.

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

Mr. Speaker, The Lords have sent you down a Bill, intituled, An Act, for further supplying and explaining of certain Defects in an Act, intituled, An Act for the speedy Provision of Money for Disbanding the Army, and Paying off the Navy; together with divers Alterations and Additions, wherein their Lordships desire the Concurrence of this House.

Lords desire a Conference.

Their Lordships further desire a present Conference with this House, in the Painted Chamber, concerning a Message they have received from his Majesty.

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

Resolved, That a present Conference with the Lords be desired upon the Amendments sent from the Lords, to the Bill for Six Months Assessments: And the Lord Angier is to carry this Message to the Lords.

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

The House have considered of your Message; and, to that Part which desires a present Conference in the Painted Chamber, the House doth agree: To the other Part concerning Amendments to the Bill, the House will send Answer by Messengers of their own.

Resolved, That the Committee nominated for the last Conference, be the Committee for managing the present Conference with the Lords, upon the Amendments to the Bill for Six Months Assessments: And Mr. Gott and Mr. Knight are added to the Committee.-

College Leases.

The House proceeded to take Consideration of the Amendments, sent from the Lords, to the Bill for confirming of Leases from Colleges and Hospitals.

The First Proviso concerning the Lease of the Rectory of Sedbergh, as it was amended by the Lords, and so delivered at the Conference this Afternoon, was read.-

Conference agreed to.

Lord Angier reports, that he had delivered the Message to the Lords, desiring a present Conference about the Amendments to the Bill for Six Months Assessments; and that the Lords agree to a present Conference in the Painted Chamber.

E. of Donnegall's Claims.

He also reports, that he had delivered to their Lordships the Order of this House, passed this Day, concerning the Earl of Donnegall; and that he received Answer, that the Lords would send Answer by Messengers of their own.

Conference with Lords.

The Lord Viscount Valentia reports the Conference had with the Lords;

That they had been at a double Conference. At one of them the Lords communicated a Message to the Committee from the King's Majesty, without Date; but said the same was received this Day (And he read the same): Which was all that was delivered at that Conference.

Upon the other Conference, the Committee delivered the Bill for the Six Months Assessments, with the Amendments; and desired their Lordships Concurrence.

Lords desire a Conference.

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

Mr. Speaker, The Lords do desire a present free Conference in the Painted Chamber, touching the Matter of the last Conference.

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

The House hath considered of your Message; and do agree to a free Conference, as is desired.

Ordered, That those that managed the last Conference do manage this Conference.-

College Leases.

Ordered, That the Debate upon the Bill for Confirmation of College Leases, be adjourned until Monday Morning next.

This House adjourned until Monday Morning Eight of the Clock.