House of Commons Journal Volume 8: 7 July 1660

Saturday, July 7th, 1660.

Prayers.

Leave of Absence.

ORDERED, That Sir Francis Rolle, a Member of the House, have Leave to go into the Country.

Poll Bill.

Ordered, That Mr. Pryn, Sir Henry Cholmley, Sir Wm. Wheeler, Colonel King, Sir Tho. Widdrington, Serjeant Maynard, Sir John Northcot, Mr. Bampfeild, Mr. Rich, Mr. Pierrepont, or any Three of them, be a Committee, forthwith to withdraw, and consider of the Bill for Poll Money, and what's fit to be altered therein, upon the naming Commissioners in the Bill, and for filling up the Blanks; and to make Report to the House.

Privilege.

Complaint was this Day made, that Patrick Boyle, Servant to Sir John Stapeley, a Member of this House, was arrested; and Privilege was prayed on his Behalf.

A Paper, signed by Sir John Lenthall, was read, certifying, that the said Patrick Boyle was committed to the King's Bench, in February 1657, charged at several Mens Suits, for about Eight thousand Pounds; and also with Four Executions for One thousand Pounds at the least; and that, about a Year since, he escaped out of Prison, and could not be re-taken, until Thursday the 14th of June 1660.

Ordered, That it be referred to the Committee of Privileges to examine the Business, and report the Fact to this House.

Leave of Absence.

Ordered, That Mr. Allestree, a Member of this House, have Leave to go into the Country.

Leave to attend on Subpæna.

Ordered, That Sir Anthony Irby have Leave to appear in the Court of Chancery, upon a Subpæna, which, as he this Day informed the House, is served upon him.

Impropriations.

Ordered, That the Bill for Impropriations be read on Wednesday next.

Confirming Sales.

Ordered, That on Tuesday next, the Bill for Confirmation of Sales be read the Second time.

Impropriations.

Ordered, That it be referred to the Committee, to whom the Business of impropriate Rectories is referred, to bring in on Monday Morning next, an Order for getting in the Rents due, and in Arrear; for the Rectories lately under the Management of the Trustees; and for gathering and securing this Summer's Tythes, as a provisional expedient, till the Bill be perfected.

Skynner's Estate.

Ordered, That Francis Bacon, Col. Jones, Mr. John Stephens, Sir Robert Banks, Col. Hatcher, Mr. Buller, Mr. Newton, Mr. Hildesley, Major Hale, Mr. Tho. Foly, Mr. Dutton, be added to the Committee to whom the Bill to enable Mr. Skynner to sell Lands, for Payment of Debts, is committed.

Pardon and Oblivion.

The House proceeded this Day upon the Bill for General Pardon and Oblivion.

A Proviso was tendered to this Bill, to avoid all Orders made by illegal Courts, &c.; which was read the First and Second time; and, upon the Question, rejected.

Another Proviso was read, that this Act shall not extend to pardon any concealing or suppressing of any Last Will, or Testament; which was read the First and Second time; and, upon the Question, rejected.

Another Proviso was tendered to this Bill, that it extend not to pardon or discharge the undue Payment of any publick Monies, to the Use of John Lambert Esquire, after the 13th of November 1659, when the same might have been secured for the publick Use; which was read the First time; and, upon the Question, rejected.

Another Proviso, that this Act extend not to pardon any Riots, or Tumults, in defacing the Church of Saintoft, was read; and upon the Question, rejected.

Another Proviso was tendered to this Bill, that this Act shall not extend to bar or prejudice Sir Wm. Batten, to bring any Action for disturbing of him, in Execution of the Office of Surveyor of his Majesty's Navy; or for recovering of the Profits of the said Office, received since June 1648; which was read the First and Second time; and upon the Question, rejected.

Another Proviso was tendered to this Bill, that this Act shall not extend to pardon the undue obtaining of any Deed, or Fine, of Dame Mary Powell; which was read the First time; and, upon the Question, rejected.

Another Proviso was tendered to this Bill, that this Bill shall not extend to bar Angell Grey Esquire, from his Remedy, in Law, or Equity, against Sir John Danvers. as Heirs, Executors, Administrators, and Assigns; and also against the late Commissioners at Haberdashers Hall, touching a Bond of Six thousand Pounds, for Payment of Three thousand Pounds, with Interest, &c.; which was read; and, upon the Question, rejected.

A Clause was tendered to this Bill, that it be further enacted, that one Action of Trespass, commenced and prosecuted in the Court of King's Bench, in the Term of St. Hillary, in the xxiiith Year of the late King Charles, wherein Michael Molyns was Plaintiff against Tho. Blagge Esquire, and the Judgment and Execution thereupon, be discharged.

Ordered, That Mr. Charlton, Serjeant Glyn, and Serjeant Hales, do withdraw, and consider of this Proviso; and of enlarging the Act of General Pardon upon the Debate.

A Proviso was tendered to this Bill, that no Matter, Clause, or Thing, in this Act contained, shall be in any Sort construed, deemed, adjudged, or taken to impede or debar Dorothy Seymour, or her Assigns, to take Course in Law or Equity, for the Recovery of her Monies lent unto Sir Paul Pinder, and other the late Farmers of the Customs, or to any of them, as she, or they, shall be advised, for such Part as remaineth in the Hands of the said Customers unpaid; which was read the First and Second time; and, upon the Question, passed, and made Part of the Bill.

The humble Petition of Dorothy Seymour, Daughter of Sir Edward Seymour deceased, was read.

Ordered, That the Petition of Mrs. Dorothy Seymour be referred to the Committee to whom General Monck's Business is referred, to examine the Business; and, in case they see it just, to consider how to satisfy the Money due to Mrs. Dorothy Seymour, and paid to publick Use, and upon what Treasury to charge the same; and report their Opinion therein to this House.

Another Proviso was tendered to this Act, that this Act shall not extend to bar or hinder Barbara Ansell Widow, the Relict of Richard Ansell deceased, of any Action, Right, Title, Claim, Debt, Bill, Indictment, Information, Suit, or Demand whatsoever, which she hath or may have, against Major General Wm. Butler, his Heirs, Executors, or Administrators, for any Cause, Matter, or Thing whatsoever, done, or caused to be done, by the said Wm. Butler, when he was a Major General, against the said Richard Ansell, in his Life-time; which was read the First and Second time; and, upon the Question, agreed unto, and ordered to be Part of the Bill.

A Proviso was tendered to this Bill, that Commissary General Ireton, and others, be excepted, and shall not be pardoned: And that it be enacted, that the Articles of Exeter, granted to Sir John Stowell, shall be of Force, and, in all respects, made good unto him, &c.; which was read the First time.

Resolved, That this Proviso be rejected.

Mr. Charlton reports some Alterations in the Body of this Act, for General Pardon and Oblivion; which were read the First and Second time; and, upon the Question, agreed unto, and ordered to be Part of the Bill.

Another Proviso was tendered to this Bill, that this Bill shall not extend to free Ralph Rymer, from being questioned or sued for Fourteen fat Stotts, and Two Horses, and Four Pounds and Ten Shillings in Money, taken in the High Way, from the Servants of Henry Darcy Esquire; which was read the First time; and, upon the Question, rejected.

Another Proviso was tendered to this Bill, that this Act shall not discharge the Trustees of Layton Bussard, in the County of Bedford, from giving an Account, and paying such Sums of Money, which they have received, and not paid or accounted for, according to their Trust, &c.; which was read the First and Second time; and, upon the Question, ordered to be Part of the Bill.

Another Proviso was tendered to this Bill, that this Bill shall not extend to debar, or hinder, Peter Pudsey from entering into any of his Lands, now in the Possession of Henry Darley Esquire; but that the said Peter may use for the same, as if the said Act had never been made; which was read the First time; and, upon the Question, rejected.

Another Proviso was tendered to this Bill, that this Bill shall not extend to the Prejudice of Anne Triscrosse, Widow for the Term of One thousand Years, of the Manor of Merton, &c.; which was read the First time; and, upon the Question, rejected.

Another Proviso was tendered to this Bill, to have Reparation against the Judges of the High Court of Justice, who sat in Judgment, when Mr. Christopher Love was condemned to die; which was read the First time; and, upon the Question, rejected.

Another Proviso was tendered to this Bill, touching the Children of Sir Henry Slingsby; which was read the First time; and, upon the Question, rejected.

A Proviso, to except Colonel Hutchinson, as to Money received from Sir John Digby Knight, lent unto the said Sir John Digby, and others, by John Chambers, Wm. Barrett, and Hercules Clay deceased; was read the First time.

The humble Petition of Margaret Chambers, Executrix of John Chambers; Wm. Wharton and Elizabeth his Wife, Executrix of Wm. Barret; and John Cley, Executor of Hercules Cley; was read.

Resolved, That this Proviso, touching Col. Hutchinson, be read the Second time.

Ordered, That this Proviso be referred to a Committee upon the whole Debate, to examine the Matter of Fact, and report it to this House; viz. Mr. John Stephens, Mr. Pryn, Serjeant Hales, Mr. Turner, Colonel King, Sir Tho. Meeres, Mr. Hopkins, Sir Solomon Swale, Sir Henage Finch, Sir Wm. Lewis, Sir Ralph Knight, Sir John Norwich, Sir Ralph Ashton, Sir Anthony Irby, Sir John Temple, Mr. Broderick, Sir * Hickman, Sir John Carter, Mr. Stanhope, Sir Tho. Widdrington, Mr. Thomas, Mr. Shapcot, Mr. Boderda; and are to meet this Afternoon at Three of the Clock in the Speaker's Chamber; and they have Power to send for Persons, Papers, Records, Witnesses, and what else may conduce to the Business.

Malmsbury Election.

Ordered, That it be referred to the Committee for Privileges, to examine the Business touching Robt. Danvers Esquire, elected for the Borough of Malmsbury; and to state Matter of Fact, and report it to this House, whether it be fit to issue forth a new Writ, for electing of a Member to serve in this Parliament, in the Stead of the said Robt. Danvers.

Pardon and Oblivion.

A Proviso was tendered to this Bill, that this Act shall not extend to pardon Colonel Syler, until he hath restored, or given Satisfaction to Anthony Oldfeild, for Tapestry Hangings, taken out of the House of Anthony Oldfeild; which was read; and, upon the Question, rejected.

A Proviso touching Mary Moloy, alias Lewis, was read, and, upon the Question, rejected.

Another Proviso was tendered to this Act, that this Act extend not to bar the Right of the Lady Anne Bassett, for a Legacy of One thousand Pounds, given to her by the Will of Elizabeth Trelawny, her Sister, deceased; which was read the First and Second time; and agreed unto, and ordered to be Part of the Bill.

A Proviso was tendered to this Bill, that this Act extend not to confirm or make good an Order of Indemnity, on Behalf of Sir Allen Zouch, and Catherine his Wife, against Elizabeth Bradbury, Widow, dated 18 June 1650; which was read; and, upon the Question, rejected.

Another Proviso was tendered to this Bill, touching Sir Jordan Crosland Knight, and Dame Bridget his Wife; which was read; and, upon the Question, rejected.

A Proviso for preserving purchasers Estates, who have purchased from Persons excepted in this Bill, was read, and, upon the Debate of the House, referred unto Mr. Finch, Mr. Charleton, Mr. Pryn, Mr. Turner, Serjeant Hales, Sir Tho. Widrington, Col. King, Mr. Fox, Sir Solomon Swale, Mr. Shapcot, Sir Richd, Onslow, Mr. Boderda, Sir Anthony Irby, Sir Tho. Meeres, or any Three of them; and are to meet this Afternoon in the Speaker's Chamber; and to amend it, if they see Cause, and to report it to this House on Monday Morning: And the said Committee are to consider of the Bill, and Amendments offered to this Bill; and the Care hereof is committed to Serjeant Hales.

The Amendments to the Bill of General Pardon, &c. reported this Day by Mr. Charleton, are as followeth, viz.

Skin 2^d. L. 20. After the Word "Judgments" add the Words, "and Executions."

Skin 2. L. 21. Leave out the Words "not executed."

Skin 2. L. 22^th After the Word "discharged" add these Words, viz. "But not to restore to any Person or Persons, any Sums of Money, measne Profits, or Goods, already received or taken upon such Execution, or to give any Action for the same."