House of Commons Journal Volume 8: 5 December 1661

Jovis, 5 die Decembris, 13° Car. Regis.

Prayers.

Coppleston's Estate.

A BILL to enable John Coppleston Esquire to sell Lands to pay his Debts, and to provide for Children, was this Day read the First time.

Resolved, That this Bill be read again, the Second time, on this Day Sevennight.

Lindsey Levell.

Ordered, That the Chairman of the Committee for the Fens lying in the County of Lincolne, and in the County of the City of Lincolne, commonly called Linsey Levell, to whom several Papers and Evidences concerning the said Fens were, by Order of this House, delivered, and do now remain sealed up in his Custody, shall open the same at the Committee; and, after he hath taken a Schedule thereof, shall permit either Party concerned to take Copies thereof, to peruse, and instruct their Counsel.

Privilege-Subpænaing a Member.

Resolved, That John Robinson, who served Mr. Crouch, a Member of this House, with a Subpæna out of Chancery; and also John King, an Attorney, who employed him therein; be apprehended, and taken into Custody, by the Serjeant at Arms attending this House; to answer their Breach of Privilege.

Privilege.

Resolved, That Thomas Holmes, and Andrew Ford his Attorney, be apprehended, and taken into Custody by the Serjeant at Arms attending this House; to answer their Breach of Privilege, in causing the Servants of Sir Courtney Poole, a Member of this House, to be arrested.

Norfolke Dukedom.

Mr. Steward reports from the Committee to whom the Bill for confirming an Act for restoring the Earl of Arundell to the Dukedom of Norfolke was committed, an Amendment to the said Bill: Which he read, with the Coherence, in his Place; and delivered in at the Clerk's Table: Which Amendment being F. 2. L. 2, 3, 4, after the Word "April," leave out these Words, "and there continued until the 29th Day of December then next following, and then dissolved;" the same was twice read.

Resolved, That this House doth agree to the said Amendment.

Resolved, That the Bill, so amended, be ingrossed.

Confirming Ministers.

The Question being put, Whether the House will now resume the Debate upon the Report of the Amendments to the Ministers Bill;

It was resolved in the Affirmative.

And the First Proviso, reported to be added to the said Bill, being, "And be it further Enacted, by the Authority aforesaid, That the Act, intituled, An Act for the Confirming and Restoring of Ministers, is hereby ratified, confirmed, and enacted, with these Additions, Alterations, and Provisions following, and not otherwise; that is to say, Be it Enacted, by the Authority aforesaid, That the King's most Excellent Majesty, and all and every Person and Persons, Bodies Politick or Corporate, within this Realm, according to their respective Titles and Interests, may, at any time or times within the Space of Six Kalendar Months, from the First of August in this present Year 1661, present, nominate, or collate, their respective Clerk or Clerks unto any Ecclesiastical Benefices, Livings, or Promotions, of their respective Patronages, or whereunto they, or their Predecessors, Ancestors, or other Person or Persons, under whom they claim, had Right or Title to present, nominate, or collate, any time since the First of January 1642, and before the First of July 1660; and that the said Presentees, or Persons so presented, nominated, or collated, shall be thereunto admitted, instituted, and inducted; any former Institution or Induction to the contrary notwithstanding; and shall after have and enjoy, and sue for and recover, the Possession, and from thenceforth take the whole and intire Profits of the said Benefices, Livings, and Promotions; and shall be accounted, and shall be full and perfect Incumbents of the same to all Intents and Purposes, as fully and amply as if they had been presented and placed therein, within Six Months next after the First Avoidances; notwithstanding any Lapse, or other Title by reason of Lapse, incurred or devolved to his late Majesty; or to the King's Majesty that now is; or to any Archbishop, Bishop, or any other Person or Persons, Bodies Politick or Corporate; saving only where his Majesty hath presented unto any Benefice, or Ecclesiastical Promotion, under the Great Seal of England, between the First of May and the Ninth of September 1660, any Minister legally ordained, who hath constantly read in Parish Church the Book of Common Prayers, according to the Rites and Constitutions of the Church of England, since the First of July 1660; or who was sequestered by any Authority, or pretended Authority, derived from both or either Houses of Parliament, since the First of January 1642; any thing in this present Act, or in the Act, intituled, An Act for the Confirming and Restoring of Ministers, or otherwise, to the contrary hereof in any wise notwithstanding;" The Same was twice read.

Resolved, That the Word "February", in the Seventh Line, be inserted instead of the Word "August".

And the same was accordingly amended at the Clerk's Table.

Resolved, That this House doth agree to the said Addition, so amended.

And the Second Proviso, reported to be added to the said Bill, being, "Provided always, and be it Enacted, That neither the King's most Excellent Majesty, nor any Person or Persons, Bodies Politic or Corporate, shall present, nominate or collate, or have any Title so to do [pra hac vice tantum], unto any Ecclesiastical Benefices, Livings, or Promotions, whereunto they had Right or Title (pleno jure) to present, nominate, or collate, at any time since the First of January 1642, and before the First of July 1660, whereunto they, or any of them, or their Predecessors, Ancestors, or other Person or Persons, from whom they claim, have already, since the last Avoidance, presented, nominated, or collated some Person or Minister, who is in Possession, or hath Right to the same: And every such Presentee, or Person so presented, nominated, or collated, is hereby Enacted to have been, be, and continue, the perfect and lawful Incumbent of such Benefice, Living, or Promotion, respectively, to all Intents and Purposes; so as every such Presentee, or Person so presented, nominated, or collated, not being legally instituted and inducted, do become legally instituted and inducted according to the Constitutions of the Church of England, into such his Benefice or Promotions, within Six Months next after the First of August 1661: And every Archbishop and Bishop respectively, and every Archdeacon, and other Officer, is hereby impowered and required to grant every such Person or Minister Institution and Induction into such Benefice accordingly, upon such their First Donation, Presentation, or Collation, made next after the last legal Avoidance, if such Person or Minister, desiring such Institution and Induction, do first bring before the Archbishop or Bishop of his Diocese, respectively, good and sufficient Testimony, that he was legally ordained according to the Rites and Constitutions of the Church of England, before the 25th Day of December 1660; and presented, nominated, or collated, by the legal and rightful Patron or Patrons, unto such Benefice, Living, or Promotion, respectively; any thing in this Act, or in the Act, intituled, An Act for the Confirming and Restoring of Ministers, or otherwise, to the contrary notwithstanding:" The same was twice read.

Resolved, That the Month of "August" be struck out therein; and the Word "February" inserted instead thereof.

Resolved, That the Word "legally" be struck out in the said Proviso; and that the Words "according to the Rites and Constitutions of the Church of England, before the 25th Day of December 1660," be struck out: And that there be inserted, instead thereof, these Words following; "by some Archbishop or Bishop of the Church of England, Scotland, or Ireland, before the 20th of November 1661."

Ordered, That the said Proviso be amended in these Particulars.

Both which were accordingly done at the Clerk's Table.

Resolved, upon the Question, That this House doth agree to the said additional Proviso, so amended: And that this and the former Proviso be made Part of the Bill.

Resolved, That the further Debate of the Matter upon the further Amendments to the Bill concerning Ministers, be adjourned; and taken into Consideration on Saturday next, in the Morning.

Bills from Lords.

A Message from the Lords, by Sir Thomas Bennett and Sir Toby Woolrich, Two of the Masters of Chancery;

Mr. Speaker, The Lords have commanded us to bring you Two Bills; the one intituled, An Act for settling certain drained Grounds lying within the Level of Hatfeild Chace, and Parts adjacent, within the Counties of Yorke, Lincolne, and Nottingham; and the other intituled, An Act for the Establishment of the Level of Fen Lands, formerly drained by Sir Anthony Thomas Knight, deceased: And desire the Concurrence of this House therein.

Northampton Writ.

Ordered, That Mr. Speaker do send his Warrant to the Clerk of the Crown, to make a Writ for a new Election of a Burgess for the Town of Northampton, instead of Sir Charles Compton Knight, deceased.

And then this House adjourned till To-morrow Morning, at Eight of the Clock.