House of Commons Journal Volume 8: 18 December 1661

Mercurii, 18 die Decembris, 13° Car. Regis.

Prayers.

VINCENT L'Agasse, alias Legasse, in order to his Naturalization, did this Day take the Oaths of Supremacy and Allegiance.

Killigrew's &c. Nat.

Ordered, That the Names of Charlott Hessen Killigrew, Wife of Thomas Killigrew, and Charles, Thomas, and Robert Killigrew, their Children; and of Katharine Hessen Shers, Wife to Sir John Shers, and of George Shers and John Shers, their Children; and of Charles Boyle, Richard Boyle, and Henerette Boyle, Children of the Lady Shanon; and of Richard Minors; and of Frances Topp, the Daughter of Francis Toppe, being of the Age of Three Years; and of Jane Perkins, Daughter to Richard Perkins, born at Rotterdam, being an Infant; be inserted into the Bill for Naturalization.

Privilege.

Upon Information given to this House, that Alderman * Sterling, one of the Sheriffs of London, being served with an Order, signed by Mr. Speaker, to discharge James Lyde, menial Servant to Sir Henry Herbert (who was arrested, and imprisoned in the Poultry Compter), out of Prison; the said Sheriff refused to obey the said Order, or discharge the said Lyde; but put the Order up in his Pocket; and said, he would answer it to the Speaker in the House;

Resolved, That the said Sheriff Sterling be forthwith, this Morning, sent for, in Custody, of the Serjeant at Arms, to this House, to answer his Misdemeanor, and Breach of Privilege.

Duchy of Cornwall Leasing.

This House taking into Consideration the Amendments sent from the Lords, to the Act for enabling the King's Majesty to make Leases of his Highness' Duchy of Cornwall, &c.

The First Amendment, being in the First Skin, 19th Line, after the Word "Lords," and before the Word "and," put in these Words, "Spiritual and Temporal,"

Which said Amendment being twice read;

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

And the Second Amendment, being in the 22th Line, after the Word "of," and before the Word "Years," put out the Word "Seven," and put in the Word "Three;"

Which said Amendment being twice read;

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

Peyton's Estate.

This House taking into Consideration the Amendments sent from the Lords, to the Bill for enabling Algernon Peyton, Doctor in Divinity, to make Sale of Part of his Lands for Payment of Debts, &c.;

The First Amendment, being in the 1st Skin, 34 Line, after the Word "Lords," and before the Word "and," put in these Words, "Spiritual and Temporal;"

The said Amendment being twice read;

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

The Second Amendment, being in the 3d Skin, 23d Line, after the Word "fit," and before the next Word "or," put in these Words, "not being under One hundred Pounds by the Year;"

The said Amendment being twice read;

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

The Third Amendment being in the 4th Skin, 10th Line, after the Word "Algernon," put in these Words, "And whereas the said Algernon Peyton the elder hath free Liberty, by the Deed of Entail aforesaid, as by the said Deed it doth appear, to make Waste upon the Estate therein settled, without Impeachment for the same: Be it further Enacted, by the Authority aforesaid, That the said Algernon Peyton the elder be, and is hereby, restrained from making of any manner of Waste upon the Lands in the said Deed mentioned, or any Part thereof; any thing in the said Deed to the contrary hereof in any wise notwithstanding;

The said Amendment being twice read;

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

And the Fourth Amendment, being in the 11 Line, after the Word "to," and before the Word "all," put in these Words, "the King's Majesty, his Heirs, and Successors, and;" after the Word "all," and before the Word "Persons," put in the Word "others;"

The said Amendment being twice read;

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

Hull Churches.

This House taking into Consideration the Amendments sent from the Lords, to the Bill for dividing Trinity Church in Kingston upon Hull from Hasle;

The First Amendment being 1st Skin, 18th Line, after the Word "Lords," and before the Word "and," put in these Words, "Spiritual and Temporal;"

The said Amendment being twice read;

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

And the Second Amendment, being 2 Skin, 5 Line, after the Word "Successors," and before the next Word "and," put in these Words, "under his or their Sign Manual;"

The said Amendment being twice read;

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

And the Third Amendment, being in the 9th Line, after the Word "Hull," and before the Word "in," put in these Words, "together with his Majesty's said Approbation to the Archbishop of Yorke;"

The said Amendment being twice read;

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

The Fourth Amendment, being in the 33 Line, after the Word "Pounds," and before the Words "shall be," put in these Words, "over and above the Value of the House and Gardens, and other Particulars before-mentioned;"

The said Amendment being twice read;

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

The Fifth Amendment, being 3d Skin, 33 Line, after the Word "after," and before "and," put in these Words, "And if it shall happen, that the said Sum of One hundred Pounds shall not be rated, collected, and paid, according as is before in this Act directed and provided: Be it further Enacted, by the Authority aforesaid, That it shall and may be lawful to and for the said Vicar, and his Successors, to recover the said Sum of One hundred Pounds upon the Publick Revenues, belonging to the said Town of Kingston upon Hull, by an Action of Debt, to be brought in any of his Majesty's Courts of Records, wherein no Wager of Law shall be allowed to the Defendants: And moreover the Mayor and Alderman of Kingston upon Hull, shall, thenceforth, forfeit unto the King's Majesty, his Heirs and Successors, their Right of Nomination of the Vicar to the Parish or Precinct aforesaid."

The said Amendment being twice read;

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

The Sixth Amendment, being in the 4 Skin, 1 Line, after the Word "Parish," and before the Word, "by," put in these Words, "one of them by the Vicar for the Time being, and the other;"

The said Amendment being twice read;

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

The Seventh Amendment, being in the 6 Line, after the Word "Hull," and before the Word "thall be," put in these Words, "together with all Duties and Payments belonging to the Archbishop of York, and all other Ecclesiastical Persons;"

The said Amendment being twice read;

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment. And

The Eighth Amendment, being, at the End of the Bill add these Words, "and be it lastly Enacted, by the Authority aforesaid, That . . . Church in Kingston upon Hull aforesaid, and the Chancel of the same, shall, from time to time, be well and duly repaired at the Charges of the Inhabitants of the said Parish or Precinct, as oft as need shall require; any former Custom or Usage to the contrary in anywise notwithstanding;"

The said Amendment being twice read;

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

St. Ives Election.

Serjeant Charleton reports from the Committee of Privileges and Elections, touching the Election for the Borough of St. Ives, That, upon the Petition of the Town, they had proceeded to examine the Business touching the Election of Mr. Nosworthy, as one of the Burgesses for the said Borough: And that due Notice was given to the said Mr. Nosworthy: And that the Committee was well possessed of the Petition from the said Town: That Mr. Nosworthy was elected by Nineteen of the capital Burgesses; and returned by the Mayor: And that Mr. Bassett, since deceased, was elected by a far greater Number of Burgesses at large: That, in Mr. Nosworthy's own Case, upon the Election in the last Assembly, Judgment was given against the Election of the Mayor and Twelve Capital Burgesses; and that all the Inhabitants had Right of Election: And that, the Question now being the same as it was then, the Committee was of Opinion, That the Burgesses at large had Right of Election: That Mr. Bassett had the Majority of Voices: And that Mr. Nosworthy his Election was void.

Resolved, upon the Question, That this House doth agree with the Committee, That the Burgesses at large had Right of Election: That Mr. Bassett had the Majority of Voices: And that Mr. Nosworthy his Election was void: And that the Indenture whereby the said Mr. Nosworthy was returned be taken off the File, and cancelled.

New Malton Election.

Serjeant Charleton made Report from the Committee of Privileges and Elections, touching the Election of the Borough of New Malton, That they had proceeded to the Examination thereof, upon the Petition of Sir Thomas Gowre against the Return made for Mr. Thomas Danby: And that Sir Thomas Gowre had the Majority of Voices: And the Opinion of the Committee, That the said Sir Thomas Gowre was duly elected, and ought to sit.

Resolved, upon the Question, That this House doth agree with the Committee, That the said Sir Thomas Gowre had the Majority of Voices, and was duly elected a Burgess to serve for the said Borough, and ought to sit in this House.

Preston Elections.

Serjeant Charleton made Report from the Committee of Privileges and Elections, That, upon the Petition of Dr. Fife against Dr. Rishton, they had proceeded to examine the Matter touching their Elections for the Borough of Preston: And, the Question being, Whether the Mayor and Twenty-four Burgesses had only Voices; or the Inhabitants at large; the Committee was of Opinion, That all the Inhabitants had Voices in the Election: And that the Majority of such Voices was with Doctor Rishton: And that he was duly elected, and ought to sit.

Resolved, upon the Question, That this House doth agree with the said Committee, That all the Inhabitants of the said Borough of Preston had Voices in the Election: And that the Majority of such Voices was with Dr. Rishton: And that the said Dr. Rishton was duly elected a Burgess for the said Borough, and ought to sit in this House.

Vexations Arrests, &c.

A Bill sent from the Lords, for Prevention of Vexations and Oppressions by Arrests, and of Delays in Suits of Law, was this Day read the First time.

Resolved, That this Bill be read again, the Second time, To-morrow Morning.

Bills from Lords.

A Message from the Lords, by Sir Wm. Childe and Sir Thomas Escourt, Two of the Masters of Chancery;

Mr. Speaker, The Lords have sent you down an Act, intituled, An Act to prevent the Inconveniences arising by melting the Silver Coin of this Realm; whereunto they desire the Concurrence of this House: And that the Lords had agreed to the Three other Bills sent from this House, for granting to the King's Majesty Twelve hundred and threescore thousand Pounds; for restoring the Earl of Arundell to the Dukedom of Norfolke; and the Marquis of Hertford to the Dukedom of Somersett.

Ordered, That the said Bill for preventing the Inconveniences arising by melting the Silver Coin of this Nation, be read To-morrow Morning.

Corporations.

The House taking into Consideration the Amendments sent from the Lords, to the Act for the Well-governing and Regulating of Corporations;

The First Amendment, in the 1st Skin, 5 Line, being, after the Word "Libertys," leave out all the Words, to the Word "and," in the 8th Line; the same, being twice read, was, upon the Question, agreed unto.

The Second Amendment, in the 10th Line of the same Skin, being, after the Word "Government," put in these Words, "It being too well known, that notwithstanding all his Majesty's Endeavours, and unparalleled Indulgence, in pardoning all that is passed; nevertheless many evil Spirits are still working: Wherefore, for Prevention of the like Mischief for the Time to come, and for Preservation of the publick Peace, both in Church and State;" the same being twice read, was, upon the Question, agreed unto.

And the Third Amendment, in the 11 Line of the same Skin, being, after "it," and before "Enacted," leave out "therefore;" the same was also, upon the Question, agreed unto.

And the Fourth Amendment, in the 12 Line of the same Skin, being, after the Second "the," and before the next Word "and," put in these Words, "Lords Spiritual and Temporal;" the same was also, upon the Question, agreed unto.

And the Fifth Amendment, in the Thirteenth Line of the same Skin, being, after the Word "that," leave out all the Words before the Word "take," in the 20th Line of the 2d Skin, after the Commissioners Names; and, instead thereof, insert these Words, "Commissions shall, before the Twentieth Day of February next, be issued forth, under the Great Seal of England, unto such Person as his Majesty shall appoint, for the Executing of the Powers and Authorities herein after expressed: And that all and every the Persons to be named Commissioners in the said Commissions respectively, shall, by virtue of this Act, be Commissioners respectively, for and within the several Cities, Corporations, and Boroughs, and Cinque Ports, and their Members, and other Port Towns, within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed; for which they shall be respectively nominated and appointed. And be . . further Enacted, by the Authority aforesaid, That all Persons who, upon the Twenty fourth Day of December 1661, shall be Mayors, Aldermen, Recorders, Bailiffs, Town Clerks, Common Council Men, and other Persons then bearing any Office or Offices of Magistracy, or Places of Trusts, or other Employments, relating to, or concerning, the Government of the said respective Cities, Corporations, and Boroughs, and Cinque Ports, and their Members, and other Port Towns, shall, at any Time before the Twenty-fifth Day of March 1663; when they shall be thereunto required by the said respective Commissioners, or any Three or more of them:"

Which said Amendments being twice read;

Resolved, upon the Question, That this House doth agree to the said Amendment, saving, after the Word "appointed," in the Sixteenth Line of that Amendment, this Clause, in that Part of the Bill, is to stand, and be inserted; that is to say, "And be it further Enacted, by the Authority aforesaid, That no Charter of any Corporation, Cities, Towns, Boroughs, Cinque Ports, and their Members, and other Port Towns, in England or Wales, or Town of Berwick upon Tweed, shall, at any Time hereafter, be avoided, for or by reason of any Act or Thing done before the First Day of this present Parliament."

And the Sixth Amendment, in the 2d Skin, after the Commissioners Names, and the 21th Line, being, after the Second "and," leave out all the Words to the Word "following," in the 25th Line; and, instead thereof, put in these Words "this Oath;" the same was also twice read: And

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

And the Seventh Amendment, in the 25th Line of the same Skin, being, after "declare," put in these Words, "and believe;" the same was also twice read: And

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

And the Eighth Amendment, in the 28th Line of the same Skin, being, instead of "Distinction," read "Position;" the same was also twice read; and, upon the Question, agreed unto.

Corporations.

And the Ninth Amendment, in the 29 Line of the same Skin, being, after the Word "him," leave out the Words to the Word "Provided," in the 32 Line; and, instead thereof, put in these Words, "So help me God; and also, at the same time, shall publickly subscribe, before the said Commissioners, or any Three of them, this following Declaration: I A. B. do declare, that I do not hold, that there lies any Obligation upon me, or any other Person, from the Oath commonly called the Solemn League and Covenant: And that the same was in itself, an unlawful Oath; and imposed upon the Subjects of this Realm, against the known Laws and Liberties of the Kingdom. And that all such of the said Mayors, and other the Persons aforesaid, by whom the said Oaths are to be taken, and Declaration subscribed, as aforesaid, who shall refuse to take and subscribe the same within the Time, and in Manner aforesaid, shall, from and immediately after such Refusal, be, and are hereby declared and adjudged to be, void, to all Intents and Purposes, as if the said respective Persons, so refusing, were naturally dead. And nevertheless be it further Enacted, by the Authority aforesaid, That the said Commissioners or any Five or more of them, shall have full Power, by virtue of this Act, by Order and Warrant under their Hands and Seals, to displace or remove any of the Persons aforesaid from the said respective Offices and Places, or Trusts aforesaid, if the said Commissioners, or any Three or more of them, shall deem it expedient for the publick Safety, although such Persons shall have taken and subscribed, or be willing to take and subscribe, the said Oaths and Declaration. And be it also Enacted, That the said respective Commissioners, or any Five or more of them, as aforesaid, shall have Power to put and place into the Offices and Places which, by any of the Ways aforesaid, shall be void, respectively, some other Person or Persons, then being, or which have been, Members or Inhabitants of the said respective Cities, Corporations, and Boroughs, and Cinque Ports, and their Members, and other Port Towns, who shall, before the said respective Commissioners, or any Three or more of them, take the said Oaths of Obedience and Supremacy, and the said other Oaths; and subscribe the Declaration herein before particularly mentioned: And that the said Persons, from and after the taking of the said Oaths, and subscribing the said Declaration, shall hold, and enjoy, and be vested in, the said Places and Offices, as if they had been duly elected and chosen, according to the Chartors, and former Usages, of the said respective Cities, Corporations, and Boroughs, Cinque Ports, and their Members, and other Port Towns. And be it further Enacted, by the Authority aforesaid, That the said respective Commissioners, or any Three or more of them, respectively, shall have Power, during the Continuance of their respective Commissions, to administer the Oaths aforesaid, and tender the said Declaration, to the said Persons hereafter required to take and subscribe the same: And, from and after the Expiration of the said respective Commissions, the said Three Oaths shall be, from time to time, administered and tendered to such Person and Persons, who, by the true Meaning of this Act, or any Clause therein contained, are to take the same, by such Person or Persons respectively, who, by the Charters or Usages of the said respective Cities, Corporations, and Boroughs, and Cinque Ports, and their Members, and other Port Towns, ought to administer the Oath for due executing the said Places or Offices respectively; and, in Default of such, by Two Justices of the Peace of the said Cities, Corporations, and Boroughs, and Cinque Ports, and their Members, and other Port Towns, for the Time being, if any such there be; or otherwise, by Two Justices of the Peace, for the Time being, of the respective Counties where the said Cities, Corporations, or Boroughs, or Cinque Ports, or their Members, or other Port Towns, are And be it likewise Enacted, by the Authority aforesaid, That the said Commissioners, Justices of the Peace, and other Persons, hereby authorized to administer the said Oaths, and tender the said Declaration, respectively, shall cause Memorandums or Entries to be made of all Oaths taken before them, and Subscriptions made, as aforesaid; and deliver the same, once in a Year, to the respective Town Clerks, or other Register, or Clerk of the said respective Cities, Corporations, and Boroughs, and Cinque Ports, and their Members, and other Port Towns; who shall cause the same to be fairly entered into the Books or Registers belonging to the said respective Cities, Corporation, or Boroughs, or Cinque Ports, and their Members, or other Port Towns. Provided also, and be it Enacted, by the Authority aforesaid, That, from and after the Expiration of the said Commissions, no Person or Persons shall, for ever hereafter, be placed, elected, or chosen, in or to any the Offices or Places aforesaid, that shall not have, within One Year next before such Election or Choice, taken the Sacrament of the Lord's Supper, according to the Rites of the Church of England: And that every such Person and Persons, so placed, elected, or chosen, shall likewise take the aforesaid Three Oaths, and subscribe the said Declaration, at the same Time when the Oath for the due Execution of the said Places and Offices respectively shall be administered: And, in Default hereof, every such Placing, Election, and Choice, is hereby enacted and declared to be void;"

Corporations.

The said Amendment being twice read;

Resolved, upon the Question, That this House doth agree to the said Amendment, with these Alterations following; that is to say, Between the Word "I," and the Word "hold," in the Sixth Line of that Amendment, put out the Words "do not;" and Between the Word "lies," and the Word "Obligation," in the same Line, put out the Word "any," and insert the Word "no;" and, in the Twenty-ninth and Thirtieth Lines of the same Amendment, put out the Words "any Three or more;" and, instead thereof, insert "the major Part;" and, after the Word "them," in the same Thirtieth Line, insert the Words "then present;" and, in the Thirty-sixth Line of the same Amendment, after the Word "Power," insert these Words, "to restore such Person or Persons, as have been illegally or unduly removed, into the Places out of which he or they were removed; and also;" and, after the last Word of the said Amendment, insert the Words following; "Provided always, and be it Enacted, That every Person who shall be placed in any Corporation, by virtue of this Act, shall, upon his Admission, take the Oath or Oaths usually taken by the Members of such Corporation. Provided also, and be it hereby Enacted, That the Powers granted to the Commissioners, by virtue of this Act, shall continue, and be in Force, until the Twenty-fifth of March 1663, and no longer."

And the Tenth Amendment, in the 35 and 36 Lines, in the same Skin, being, after the Word "Commissioner," leave out these Words, "within this Act;" and, instead thereof, put in these Words, "as aforesaid;" the same was also twice read: And

Resolved, upon the Question, That this House doth agree with the Lords to the said Amendment.

And the Eleventh Amendment, in the Third Skin, 7 Line, being, after the Word "tried," and before the Word "shall," put in these Words, "or be depending;" the same was twice read; and, upon the Question, agreed unto.

And the last Amendment, in the Two-and-twentieth Line of the same Skin, being the Clause beginning with the Word "Provided," to be left out to the End of the Bill; the same was also twice read; and, upon the Question, agreed unto.

Resolved, upon the Question, That a Conference be desired with the Lords, upon the Alterations and Additions in the said Amendments: And Sir John Duncombe is to go to the Lords, to desire the said Conference.

Committees.

Ordered, That all Committees which were to sit this Afternoon, be adjourned; and do sit To-morrow, in the Afternoon, in the respective Places formerly appointed.

Confirming Ministers.

Ordered, That the Bill for Ministers be read Tomorrow Morning, the first publick Business.

Leave of Absence.

Ordered, That Mr. Rigby have the Leave of this House to go into the Country.

Ordered, That Mr. Barnaby have the Leave of this House to go into the Country.

Regiment of Colestreamers.

The House being moved, in the Behalf of the Colestreamers, and other Soldiers, that served under the Lord General Monck, at his coming out of Scotland into England; to know their Opinion, Whether, in their Votes and Address to his Majesty, to send the disbanded Officers and Soldiers out of Town, and to prohibit them from approaching within Twenty Miles of the Town, the said Officers and Soldiers, formerly serving under General Monck, as aforesaid, were intended to be included;

Resolved, That the Intention of this House, in their Vote for an Address to his Majesty, to issue his Proclamation for the disbanded Officers and Soldiers Departure from, and not to approach within Twenty Miles of this Town, was not to include the said Officers and Soldiers which served under, and marched with, the Lord General Monck, at his coming out of Scotland into England; and such as were instrumental in his Majesty's Restitution: And that the Concurrence of the Lords be desired to this Vote: And Sir James Smith is to carry the same up to the Lords, for their Concurrence: And such Members of this House, as are of his Majesty's Privy Council, are desired to acquaint his Majesty with this Vote.

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