House of Commons Journal Volume 8: 27 December 1660

Thursday, 27th December, 1660.

Prayers.

College Leases.

THE House proceeded in the Debate of the Three last Provisoes, sent from the Lords, to the Bill for confirming Leases from Colleges and Hospitals; which, being not concurred in by this House, were returned back from the Lords, with some Amendments.

The First of the Three Provisoes, concerning the Rectory of Sedbergh in the County of York, was read.

The humble Petition of Sir Thomas Cotton Baronet was read.

The Question being put, To agree to this Proviso;

It passed with the Negative.

Another Proviso, sent down from the Lords, touching the excepting out of this Act a Lease made by Trinity College, of the Rectory and Parsonage of Arrington, and of the Rectory of Soham in the County of Cambridge, whereof Mr. Chicheley was formerly Tenant, from being confirmed by this Act, was read; and, upon the Question, agreed unto.

Another Proviso, sent down with some Amendments, That this Act shall not extend to restore any Person or Persons to any Headship, Fellowship, or Scholarship, of any College or Hall, or to any Chaplain or Clerk's Place, in any College or Hall, in either of the Universities, or to any Lecturer or Reader's Place, that is, or shall be, before the 25 of March next, 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; was read.

The Petition of George Hitchcocke, Anthony Adlard, William Sprigg, and John Curtaine, and Robert Wood, Masters of Arts in the University of Oxon, was read.

Resolved, That the Time limited in this Proviso, as to what the Commissioners have done, or shall do, relate to the First of January 1660, instead of the 25 of March.

And the said Proviso, so amended, being put to the Question, was agreed unto.

Resolved, That a present free Conference be desired with the Lords, upon the Matter of the last Conference, upon the Amendments to College and Hospital Leases: And that Mr. Hide do carry this Message to the Lords; and also mind the Lords of the Bill for Augmentation of Vicarages; and of the Bill prohibiting the Exportation of Wool, Wool-fells, and Fuller's Earth; the Bill against profane Cursing and Swearing; and the Bill against planting Tobacco in England and Ireland.

Fisheries.

A Bill, ingrossed, for Encouragement of the Fishery Trade of this Nation, was this Day read the Third time.

A Proviso was tendered to this Bill; That this Act, or any thing therein contained, do not extend to the barring Inn-keepers, on the publick Roads, for dressing of Flesh on Wednesdays for Travellers whilst they are on their Journey; but that they may, in such Case, dress Meat, as formerly they have done; any thing in this Act to the contrary notwithstanding: Which was this Day read the First time; and laid aside.

And the Bill, being put to the Question, passed.

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

Resolved, That this be the Title of this Bill; viz. "An Act for the Encouragement of the Fishing Trade."

E. of Cleveland

The Lord Bruice carries to the Lords the Bill for the Earl of Cleveland, as it was amended by this House.

Answer from Lords.

Mr. Hide reports, that, according to the Commands of this House, he did, from this House, desire the Lords to grant a free Conference upon the Matter of the last Conference, upon the Amendments to the Bill for Confirmation of College Leases; and that the Lords do agree to a free Conference in the Painted Chamber, as is desired: And that he did put the Lords in mind of the several Bills, according to the Command of this House; and received Answer, that the Bill prohibiting the planting of Tobacco, the House of Peers have already passed; and the other are under Consideration.

Wine Licences.

A Bill, ingrossed, for granting of Wine Licences, was this Day read the Third time.

A Proviso was tendered to this Bill, for setting Prices on Wines sold by Retail: Which was this Day read the First time; and is as followeth:

"Provided always, and be it Enacted, That from and after the First Day of September 1661, no Canary Wines, Musdadell, or Alligant, or other Spanish, or Sweet Wines, shall be sold or uttered, by any Person or Persons within his Majesty's Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, by Retail, for above Eighteen-pence the Quart; and that no Gascoigne or French Wines whatsoever shall be sold, by Retail, above Eight-pence the Quart; and that no Rhenish Wines whatsoever shall be sold, by Retail, above Twelve-pence the Quart; and according to these Rates, for a greater or lesser Quantity, all and every the said Wines shall and may be sold; upon Pain and Penalty, that every such Person and Persons who shall utter or sell any of the said Wines by Retail, that is to say, by the Pint, Quart, Pottle, or Gallon, or by any other greater or lesser Retail Measure, at any Rate exceeding the Rates hereby limited, do and shall forfeit, for every such Pint, Quart, Pottle, Gallon, or other greater or lesser Quantity, so sold by Retail, the Sum of Five Pounds; the one Moiety of which Forfeiture shall be to our Sovereign Lord the King, his Heirs, and Successors; and the other Moiety to him or them that will sue for the same; to be recovered in Manner and Form aforesaid. Provided nevertheless, that it shall and may be lawful to and for the Lord Chancellor of England, Lord Treasurer, Lord President of the King's Council, Lord Privy Seal, and the Two Chief Justices, or Five, Four, or Three of them, and they are hereby authorized, yearly and every Year, between the 20th Day of November, and the last of December, and no other times, to set the Prices of all and every the said Wines, to be sold by Retail, as aforesaid, at higher or lower Rates than are herein contained, so as they, or any of them, cause the Prices by them set, to be written, and open Proclamation thereof to be made, in the King's Court of Chancery, yearly, in the Term-time, or else in the City, Borough, or Town Corporate, where any such Wines shall be sold; and that all and every the said Wines shall and may be sold by Retail, at such Prices as by them, or any Five, Four, or Three of them, shall be set, as aforesaid, from time to time, for the Space of One whole Year, to commence from the First Day of February next, after the Setting thereof, and no longer; and no greater Prices; under the Pains and Penalties aforesaid, to be recovered as aforesaid, and afterwards; and in Default of such setting of Prices by the said Lord Chancellor of England, Lord Treasurer, Lord President of the King's Council, Lord Privy Seal, and the Two Chief Justices, or Five, Four, or Three of them, as aforesaid, at the respective Rates and Prices set by this Act, and under the Penalties aforesaid, to be recovered as aforesaid."

Message from Lords.

A Message from the Lords, by Mr. Hobart and Mr. Glascocke, Two Masters of Chancery;

Mr. Speaker, The Lords have commanded us to signify their Concurrence to the Bill concerning Mr. Newton: And also to put the House in mind, to give what Dispatch conveniently they can, to the Bill concerning Lindsey Level, in regard of the Publickness of the Nature thereof: Also, that the House of Commons would give what Dispatch they conveniently can, concerning the Naturalizing of the Son of the Lord Astley, a Peer of this House.

Conference.

Ordered, That the same Committee who managed the former Conference, do manage this Conference.

Wine Licences.

Ordered, That the Debate upon the Proviso, tendered to the Bill for Wine Licences, concerning the Price of Wines, be adjourned till the Conference with the Lords ended.

House to sit.

Resolved, That this House do sit this Afternoon.

Ordered, That the Lords be desired to sit this Afternoon: And that Mr. Morgan do carry this Message to the Lords.

Wine Licences.

The Proviso tendered to the Bill for Wine Licences, touching the Setting of a Price on Wines, was read the Second time.

Ordered, That the Blank in the Proviso, as to the Commencement of the Price of Wines, be filled up with "the First Day of September 1661."

And the said Proviso, so amended, being put to the Question, was agreed unto.-

Lords will sit.

Mr. Morgan reports, that the Lords do agree to sit this Afternoon.

College Leases.

Sir Henage Finch reports from the Committee that attended the Conference with the Lords this Day, concerning the Provisoes to the Bill for confirming College and Hospital Leases, That the Committee acquainted the Lords with the Reasons of this House, for not agreeing with the Proviso concerning Sir Tho. Cotton's Interest in the Rectory of Sedbergh; and the limiting of his Majesty's Commissioners time for ejecting of Heads, Fellows, &c. in the Universities, to the First of January 1660; and that the Lords agree to the leaving out of the Proviso concerning Sedbergh Rectory; and that the time limited, as aforesaid, in the other Proviso, be "the First of January 1660."-

Wine Licences.

The said Bill concerning setting Prices on Wines, with the said Proviso, being put to the Question, passed.

Resolved, That Mr. Bodarda do carry this Bill to the Lords.

A Proviso was tendered for enabling the Merchants to sell Wine by Retail, within the times mentioned in the Proviso.

And the Question being put, That this Proviso be received;

It passed in the Negative.

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

Resolved, That this be the Title of the Bill; An Act for the better Ordering the selling of Wines by Retail, and for preventing Abuses in the mingling, corrupting, and vitiating of Wines; and for settling and limiting the Price of the same.

Fisheries.

Resolved, That this Bill be carried to the Lords for their Concurrence: And Mr. Bodarda is to carry it to the Lords.

Resolved, That Mr. Brampston do carry up to the Lords the Bill for Encouragement of the Fishing Trade.

This House adjourns to Two of the Clock in the Afternoon.

Post Meridiem.

Officers of the House.

SIR Richard Onslow reports from the Committee to whom it was referred to consider of a Compensation to be given to the Clerks, Officers, and Servants, attending the Service of the Parliament the Opinion of the said Committee, what is fit to be given to the said respective Clerks, Officers, and Servants, for their respective Pains and Service, since the last Sitting of this House; as followeth:

A Report from the Committee, to consider of the Pains taken by the Chaplain; and the Petition of the Provost Marshal, and his Six Men, to attend the Speaker; and of the Clerks, and other Officers, attending the House.

Which was read.

Resolved, That this House doth agree with the Committee, that the Sum of One hundred and Twenty Pounds be and is hereby conferred on Mr. Edward Voyce, the Chaplain attending on this House, for his Pains and diligent Service in constant praying with this House, every Morning, since the Beginning of this Parliament; and that the same be charged on the Arrears of the Excise, due the Twenty-fifth of this Instant December, and forthwith paid unto him, or his Assigns: And the Commissioners of Excise, and Treasurers for that Receipt, be and are hereby authorized and required to pay the same accordingly: And the Acquittance or Acquittances of the said Mr. Edward Voyce, or his Assigns, testifying the Receipt thereof, shall be a sufficient Discharge in that Behalf.

Officers of the House.

Resolved, That this House doth agree with the Committee, that the Sum of Forty Pounds be and is hereby conferred on Lancelot Emot, Provost Marshal, and his Six Men, for their Service in attending the Speaker of this House since the Adjournment of this House; and that the same be charged on the Arrears of the Excise, due the Twenty-fifth of December Instant, and forthwith paid unto the said Lancelot Emott, or his Assigns: And the Commissioners and Treasurers of the Excise are hereby authorized and required to pay the same to the said Lancelot Emott, or his Assigns, accordingly: And the Acquittance or Acquittances of the said Lancelot Emott, or his Assigns, testifying the Receipt thereof, shall be a sufficient Discharge in that Behalf.

Ordered, That this House doth agree with the Committee, that the Sum of One hundred Twenty-two Pounds Ten Shillings be and is hereby granted and allowed unto William Jessop Esquire, Clerk of this House, for his Extraordinary Charges about ingrossing publick Bills, from the 25 April last; and as a Reward for his diligent and faithful Attendance upon the Service of this House, since their last Recess; and that the same be and is hereby charged upon the Arrears of the Grand Excise, due on the Twenty-fifth Day of this Instant December, and paid forthwith unto the said William Jessop, or his Assigns: And the Commissioners for the Excise, and Treasurers appointed for the Receipt of the Arrears of Excise, and every of them, be and are hereby authorized and required to make Payment thereof to the said William Jessop, or his Assigns accordingly: And the Acquittance or Acquittances of the said William Jessop, or his Assigns, testifying the Receipt thereof, shall be a sufficient Discharge to the said Commissioners and Treasurers, and every other Person or Persons who shall pay the same.

Ordered, That the Sum of One hundred Pounds of good and lawful Money of England, be and is hereby granted and allowed unto Ralph Darnall Esquire, Clerk Assistant to this House, for his diligent and faithful Service of this House, since the last Recess and Adjournment of this House; and that the said Sum of One hundred Pounds be and is hereby charged upon the Arrears of the Grand Excise, due the Twenty-fifth of this Instant December, and forthwith paid unto the said Ralph Darnall, or his Assigns: And the Commissioners for Excise, and Treasurers appointed for Receipt of the Arrears of the Excise, and every of them, be and are hereby authorized and required to make Payment thereof accordingly: And the Acquittance or Acquittances of the said Ralph Darnall, testifying the Receipt thereof, shall be a sufficient Warrant and Discharge to the said Commissioners and Treasurers, and every of them; and to such other Person or Persons as shall pay the same.

Ordered, That the Sum of Seventy-two Pounds Ten Shillings be and is hereby allowed unto James Norfolke Esquire, Serjeant at Arms attending this House, for his diligent and faithful Attendance on the Service of this House; and that the same be and is hereby charged on the Arrears of the Grand Excise, due the Twenty-fifth of this Instant December, and forthwith paid unto him, or his Assigns: And the Commissioners of Excise, and Treasurers appointed for the Receipt of the Arrears of Excise, and every of them, be and are hereby authorized and required to make Payment thereof accordingly: and the Acquittance or Acquittances of the said James Northfolke, testifying the Receipt thereof, shall be a sufficient Warrant and Discharge unto the said Commissioners and Treasurers, and every of them; and to such other Person or Persons as shall pay the same.

Officers of the House.

Ordered, That the Sum of Twenty-five Pounds be and is hereby granted and allowed unto the Under Clerks of Wm. Jessop Esquire, attending the Service of this House, for their respective Pains and Service; and the same be and is hereby charged on the Arrears of the Grand Excise, due the Twenty-fifth Day of this Instant December, and forthwith paid unto Wm. Jessop Esquire, to be distributed amongst them accordingly: And the Commissioners for Excise, and Treasurers for receiving the Arrears of the Excise, and every of them, be and are hereby authorized and required to make Payment thereof to the said William Jessop, or his Assignees, accordingly: And the Acquittance or Acquittances of the said Wm. Jessop, or his Assignees, testifying the Receipt thereof, shall be a sufficient Discharge to the said Commissioners and Treasurers, and every of them; and to such other Person or Persons as shall pay the same.

Ordered, That the Sum of Eighty Pounds be and is hereby granted and allowed unto the Under Officers and Servants of James Norfolke Esquire, Serjeant at Arms attending this House; and that the same be charged on the Arrears of the Grand Excise, due the Twenty-fifth Day of December Instant, and forthwith paid unto them, or their Assigns, respectively; that is to say, to Edward Cooper, or his Assigns, the Sum of Twenty Pounds; unto Richard Nonelly, or his Assigns, the Sum of Fifteen Pounds; unto Tho Hughs, or his Assigns, the Sum of Ten Pounds; unto George Bragg, for the Children of John Bainham, deceased, the Sum of Ten Pounds; unto John Ince, or his Assigns, the Sum of Five Pounds; and the Sum of Twenty Pounds, Residue of the said Sum of Eighty Pounds, unto the said James Norfolke; to be by him distributed among the rest of his Under Officers and Servants attending this House: And the Commissioners for Excise, and Treasurers appointed for Receipt of the Arrears of Excise, and every of them, are hereby authorized and required to make Payment of the said several Sums of Money to the respective Persons aforesaid, or their Assigns accordingly: And their respective Acquittances, testifying the Receipt thereof, shall be, to the said Commissioners and Treasurers, a sufficient Warrant and Discharge.

Ordered, That the Sum of One hundred Ninety-nine Pounds Ten Shillings, due and owing unto Tho. Rookes, Stationer, for Parchment, Pens, Ink, Paper, Standishes, and other Necessaries, by him delivered for the Use of this House, as by a Note of the Particulars delivered in to this Committee, signed by Wm. Jessop Esquire, Clerk of this House, appeared, be and is hereby charged on the Arrears of the Grand Excise, due on the Twenty-fifth Day of December Instant, and forthwith paid to the said Thomas Rookes, or his Assigns: And the Commissioners for Excise, and Treasurers for the Receipt of the Arrears of Excise, and every of them, be and are hereby authorized and required to make Payment thereof to the said Tho. Rookes, or his Assigns accordingly: And the Acquittance or Acquittances of the said Thomas Rookes, or his Assigns, testifying the Receipt thereof, shall be to the said Commissioners, &c. a sufficient Warrant and Discharge.

Ordered, That the Sum of Ten Pounds be and hereby is granted and allowed to John Tench, for his Service in attending the Committee of publick Debts, as their Clerk; and that the same be charged on the Arrears of the Grand Excise, due Twenty-fifth of December Instant; and forthwith paid unto him, or his Assigns: And the Commissioners and Treasurers appointed to receive the Arrears of Excise, and every of them, be and are hereby authorized and required to make Payment thereof accordingly: And the Acquittance of the said John Tench, or his Assigns, testifying the Receipt thereof, shall be a sufficient Discharge to the said Commissioners and Treasurers, and every of them; and to every such other Person or Persons as shall pay the same.

Ordered, That the Sum of Three Pounds, be, and is hereby, granted and allowed to William Howard, for keeping the Gallery and Duchy Chamber for the Service of this House; and that the same be charged on the Arrears of the Grand Excise, due the Twenty-fifth of December Instant, and forthwith paid unto him, or his Assigns: And the Commissioners and Treasurers appointed to receive the Arrears of Excise, and every of them, be and are hereby authorized and required to make Payment thereof accordingly: And the Acquittance of the said Wm. Hayward, or his Assigns, testifying the Receipt thereof, shall be a sufficient Discharge to the said Commissioners and Treasurers, and every of them; and to every other Person or Persons as shall pay the same.

Ordered, That the Sum of Ten Pounds be and is hereby granted and allowed unto George Vine Clerk to the Committee, in the Exchequer Chamber, for Custom and Excise, Trade and Navigation; and that the same be charged on the Arrears of the Grand Excise, due Twentyfifth December Instant, and forthwith paid unto him, or his Assigns: And the Commissioners and Treasurers appointed to receive the Arrears of Excise, and every of them, be and are hereby authorized to make Payment thereof accordingly: And the Acquittance of the said George Vine, or his Assigns, testifying the Receipt thereof, shall be a sufficient Discharge to the said Commissioners and Treasurers, and to every such other Person or Persons as shall pay the same.

Ordered, That the Sum of Fifty Pounds be and is hereby granted unto, and conferred upon, John Ogilby Gentleman (who presented this House with a fair Bible of his own Impression to remain in this House for the Use of this House, and succeeding Parliaments) as a Testimony of their kind Acceptance thereof, and for an Encouragement of his Industry; and that the said Fifty Pounds be and is hereby charged upon the Arrears of the Grand Excise, due on the Twenty-fifth Day of December Instant; and forthwith paid to the said John Ogilby, or his Assigns: And the Commissioners of Excise, and Treasurers appointed to receive the Arrears of Excise, and every of them, be and are hereby authorized and required to make Payment thereof, to the said John Ogilby, or his Assigns, accordingly: And the Acquittance or Acquittances of the said John Ogilby, testifying the Receipt thereof, shall be a sufficient Discharge to the said Commissioners and Treasurers, and every of them; and to such other Person or Persons as shall pay the same.

Clerk of the House.

Ordered, That Sir Allen Brodricke be desired to go to the Lord Chancellor from this House, and present to him the Desire of this House, that he will please to give his best Furtherance for the speedy passing, under the Great Seal, the Patent for constituting of Mr. Jessop Clerk of the Commons House of Parliament; being a Person formerly recommended to the King's Majesty by this House, to the said Employment; and a Warrant issued by his Majesty in that Behalf.

Excise.

The ingrossed Bill for accompting and levying the Arrears of Excise, was this Day read the Third time.

Grants out of Excise.

Ordered, by the and Commons assembled in Parliament, That the Sum of Ten thousand Pounds be and is hereby presented unto his Highness James Duke of Yorke, as a Testimony of the Houses great Respect to his Highness; and that the said Sum of Ten thousand Pounds be and is hereby charged on the Arrears of Excise, and paid for his said Highness' Use to such Person as he shall appoint to receive the same, in Course, after other Sums charged by former Orders of this Parliament on the Receipt of Excise shall be satisfied: And the Commissioners of the said Receipt, are hereby authorized and required to make Payment thereof, to his said Highness his Assigns accordingly: Whose Acquittance, together with this Order, shall be, to the said Commissioners, a sufficient Warrant and Discharge in this Behalf.

Resolved, That the Lords Concurrence be desired herein: And Mr. Vowell be desired to carry it to the Lords.

Ordered, by the and Commons assembled in Parliament, That, as an Evidence of the great Respect which the Houses bear to her Majesty the Queen of Bohemia, there be presented to her said Majesty the Sum of Ten thousand Pounds; which is hereby charged on the Arrears of Excise, due the Twenty-fifth of December Instant; and is ordered to be paid to her Majesty's Use, to such Person as she shall in that Behalf appoint to receive the same, in course, next after the other Sums satisfied, which are charged on the Excise, by former Orders of this present Parliament: And the Commissioners of Excise are impowered and required to pay the same accordingly: And the Acquittance of her said Majesty, or her Assigns, testifying the Receipt thereof, shall be to the said Commissioners a sufficient Warrant and Discharge.

The Lords Concurrence is desired herein: And Sir Tho. Mceres is to carry it to the Lords.

Grant to Elsing's Children.

The Question being put, That, towards the present Relief of the Children of Henry Elsing Esquire, heretofore Clerk of the Commons House of Parliament, (who out of his Loyalty and Duty to his Majesty, and the Publick, deserted his said Employment in the Year 1648, and is since dead, leaving a very small Provision for his Children) there be charged, on the Arrears of Excise, due the Twenty-fifth of December Instant, the Sum of Five hundred Pounds, and paid, for the Use aforesaid, out of the said Receipt, in Course, next after the other Sums shall be satisfied, which are charged on the Excise by former Orders of this Parliament; and the Commissioners of Excise are hereby impowered and required to pay the same accordingly;

The House was divided.

And the Yeas went forth.

And so the Question passing in the Affirmative;

Resolved, That towards the present Relief of the Children of Henry Elsing Esquire, heretofore Clerk of the Commons House of Parliament (who out of his Loyalty and Duty to his Majesty and the Publick, deserted his said Employment in the Year 1648, and is since dead, leaving a very small Provision for his Children) there be charged, on the Arrears of Excise, due the Twenty-fifth of December Instant, the Sum of Five hundred Pounds, and paid for the Use aforesaid, out of the said Receipt, in Course, next after the other Sums shall be satisfied, which are charged on the Excise by former Orders of this Parliament: And the Commissioners of Excise are hereby impowered and required to pay the same accordingly.

Candles.

Resolved, That a Candle be brought into the Table.

Excise.

Ordered, That the Clerk do prepare, and bring in Tomorrow Morning, a List of all the Sums charged on the Excise, by Orders of this present Parliament.