House of Commons Journal Volume 7: 13 March 1660

Tuesday, March 13th, 1659.

Prayers.

Christ-Church Oxford.

MR. Grove reports, The Matter of Fact touching the Deanry of Christ-Church in Oxon: And a Letter from Doctor Owen, from Stadham, March the 5th, 1659: which was read.

Resolved, That Doctor Owen be, and is hereby, discharged from being Dean of Christ-Church, Oxon.

Resolved, That Doctor Reynolds be, and is hereby, restored to the Deanry of Christ-Church, Oxon, with all Privileges, Profits, and Appurtenances, to the said Place belonging: And that Doctor Reynolds be put in Possession of the said Deanry, of Christ-Church, accordingly: And that the Sub-Dean and Senior Canon of ChristChurch do see this Order put in effectual Execution; and that Doctor Reynolds be put in Possession, accordingly.

The Question being propounded, that the Business touching Doctor Mills and Mr. Upton, touching a Prebend's Place in Christ-Church, be referred to a Committee; to examine the Business; state Matter of Fact; and report it to the Parliament;

And the Question being put, That that Question be now put;

It passed with the Negative.

Resolved, That Mr. Ambrose Upton be discharged from being a Collegiate Prebend of Christ-Church, Oxon: And that Doctor Mills be, and is hereby, restored to be a Collegiate Prebend of Christ-Church aforesaid, in the Room of the said Mr. Ambrose Upton, with all Privileges, Profits, and Appurtenances, to the said Place belonging: And that he be put in Possession of the said Prebendary, accordingly: And that the Sub-Dean and Senior Canon of ChristChurch do see this Order put in effectual execution; and that Doctor Mills be put in Possession accordingly.

The Engagement expunged.

Resolved, That the Engagement, appointed to be taken by Members of Parliament, and others, in these Words; viz. " I do declare and promise, That I will be true and faithful to the Commonwealth of England, as the same is now established, without a King, or House of Lords;" be discharged and taken off the File.

Resolved, That all Orders, injoining the Taking of the said Engagement, be, and are hereby, vacated and expunged out of the Journal-Book of Parliament: And that Mr. Pryn, Serjeant Maynard, Colonel Harley, do see the same expunged, accordingly.

House of Lords.

Ordered, That it be referred to a Committee, to consider, What hath been done in this House concerning the Lords House; state the whole Matter of Fact; and report it to the Parliament To-morrow Morning: Viz. unto Mr. Pryn, Mr. Crew, Mr. Annesley, Mr. Serjeant Twisden, Mr. Serjeant Glyn, Sir Richard Onslow, Mr. Baynton, Sir Walter Earle, Sir Edward Partridge, Sir Arthur Hesilrig, Mr. Holles, Colonel Morley, Mr. Attorney Reynolds, Mr. Swynfyn, Lord Ancram, Colonel Rosseter, Sir Anthony Irby, Sir Harbottle Grimston, Mr. John Stephens, Colonel John Birch, Mr. Solicitor Ellys, Mr. Bacon, Colonel Copley, Mr, Scot, Mr. Weaver; or any Five of them: And they are to meet this Afternoon, in the Speaker's Chamber: And that Mr. Pryn do take Care of it.

Invalid Soldiers, &c.

Mr. Trenchard reports from the Committee, The State of the Case touching the maimed Soldiers, Widows, and Orphans, at Ely-House and the Savoy.

Resolved, That the Council of State do forthwith pay One thousand Seven hundred Pounds, out of their Contingencies, for the present Relief of the poor Widows, maimed Soldiers, and Orphans, at Ely-House and the Savoy: And that the said One Thousand Seven hundred Pounds be repaid to them out of the Publick Revenue of the Exchequer.

Ordered, That the particular Persons named of the Committee for the maimed Soldiers, Widows, and Orphans of Ely-house and the Savoy, be, and are hereby, authorized to reform Abuses, touching the Governors and Government of the Hospitals of the Savoy and Elyhouse: And to call the Governors to Account for Monies by them received; with Power to settle the Government for the best Advantage of the Commonwealth, and Maintenance of the poor Widows, maimed Soldiers, and Orphans: And to remove such Officers as they shall think fit, and place others in their room; and report it to the Council of State: Who are hereby authorized to confirm the same.

Dissolving Parliament.

Ordered, That Mr. Bacon do inform the House, What Proceedings have been made at the Committee to whom the Bill for Dissolution of the Parliament, is referred: And that the House do resume the Business into their own Consideration.

Resolved, That the Debate upon this Business be taken up at Two of the Clock this Afternoon; nothing to intervene.

The House adjourns till Two of Clock in the Afternoon.

Tuesday, March 13th, 1659; Afternoon.

Pension to Stowell.

RESOLVED, That the Sum of Six Pounds a Week be continued and paid unto Sir John Stowell, together with all Arrears thereof, from the Time it was first granted unto him, charged upon the Receipts of the Exchequer as formerly, until the Parliament take further Order: And that the Council of State do sign a Warrant or Warrants, from time to time, to make Payment thereof accordingly.

Hanaper Office.

Resolved, upon the Question, by the Parliament, That the Office of Clerk of the Hanaper, in the Court of Chancery, be, and is hereby, granted unto Thomas Clarges Doctor in Physick, and Sir John Cleypole, during their Lives, and the Life of the longer Liver of them, to be exercised by their or his sufficient Deputy or Deputies; and with the same Fees, Allowances, and Privileges, as were heretofore granted, or mentioned to be granted, to George Minne Esquire, Sir Richard Yong, Sir Thomas Allenson, or any other Keeper or Clerk of the Hanaper: And that a Patent be prepared by Mr. Attorney General, unto the said Dr. Clarges, and Sir John Cleypole, of the said Office, accordingly: And that Mr. Speaker be, and is hereby, authorized to sign a Docket, for passing the said Patent unto them of the said Office, under the Great Seal of England: And that the Lords Commissioners for Custody of the Great Seal do pass the said Patent under the Great Seal, accordingly.

Militia Commissioners.

Ordered, That it be referred to a Committee, to examine the Abuse in adding Commissioners Names for the Militia of Bristoll, not passed in the House; and in crossing out some Commissoners Names, passed by the House; viz. Colonel Popham, Mr. Pryn, Mr. Holles: And that it be altered according to former Order: And that the Names inserted be forborn to be printed: And report the Matter of Fact to the Parliament.

Peck's Claims.

Sir Anthony Irby reports, Amendments to the Bill for securing the Payment of the Sum of Three thousand Nine hundred Forty-three Pounds Twelve Shillings Three-pence Halfpeny, to Henry Peck Esquire: Which were twice read; and, upon the Question, agreed unto.

Ordered, That this Bill be ingrossed, and brought in To-morrow Morning.

Approbation of Ministers.

Ordered, That the Bills for Approbation of Ministers, and the Act for settling Lands on his Excellency the Lord General, be read To-morrow Morning, the first Business.

Dissolving Parliament.

Mr. Bacon, according to former Order, reports, Amendments to the Bill for dissolving the Parliament: Which were twice read; and, upon the Question, agreed unto.

Writs for Cinque Ports.

Ordered, That it be referred to Mr. Attorney General, Mr. Annesley, Colonel Morley, Mr. Lechmere, Mr. Foxwist, Mr. Say, Mr. Oxenden, Mr. Serjeant Glyn, Sir Edward Partridge; or any Three of them; presently to withdraw, and prepare a Clause for directing the Writs for Election of Members to serve in Parliament for the Cinque Ports; with a Saving of all Mens Rights.

Members Qualifications.

Mr. Corbet reports, Qualifications for Persons to be Electors, and Elected, to sit and serve in Parliament.

The Qualifications formerly reported by Mr. John Nelthrope, and read, were now again read.

Mr. Corbet also reports, several Resolutions of the Committee: Which were read.

The Qualifications aforesaid are as followeth; viz.

"That all such Person and Persons, who have advised, aided, or any ways assisted, or abetted the Rebellion of Ireland, and all those who do or shall profess the Popish Religion, are disabled, and shall be incapable to be elected Members to sit in Parliament."

"That all and every Person and Persons, who have aided, abetted, advised, or assisted in any War against the Parliament, since the First Day of January 1641, unless he or they have since been, or shall be, restored and made capable by this Parliament, shall be incapable to be elected to serve Members in Parliament."

The Resolutions of the Committee are as followeth; viz.

"That all such Persons, that have been actually in Arms for the late King, or his Son, against the Parliament; or have compounded for his or their Delinquency, shall be disabled to give any Voice or Voices, in the Election of Members to serve in the next Parliament, unless he or they have since manifested his or their good Affection to the Parliament."

"That such Persons, that deny Magistracy, or Ministry, or either of them, to be the Ordinances of God, shall be uncapable to elect, or be elected."

"That, if any Elector shall give his Voice in Elections, that is disabled, as aforesaid; such Elector shall forfeit Ten Pounds; the one Moiety thereof to the Commonwealth; the other Moiety to such Person or Persons as shall sue for the same."

"That no Person be elected to sit and serve in the next Parliament, but such who have served or been engaged in Behalf of the Parliament, in their Cause against the late King, or his Son; and since such their Engagement have not made Defection to the late King, or his Son, or their Party."

"That, if any Person, being elected a Member of Parliament, that is not qualified, as aforesaid, shall sit in Parliament; such Person shall forfeit and lose Five hundred Pounds; the one Moiety to the Commonwealth; the other Moiety to such Person as shall sue for the same."

The first Clause of the Qualifications, first reported, was read.

Resolved, That these Words; viz. "and shall;" be omitted in the Third Line, next before the Word "profess."

And the said Clause, so amended, being put to the Question; It was

Resolved, That all such Person and Persons, who have advised, aided, or any-ways assisted or abetted the Rebellion of Ireland; and all those who do profess the Popish Religion; are disabled, and shall be incapable to be elected Members to sit in Parliament.

The next Clause was read.

Resolved, That the Word "voluntarily" be inserted, next after the Word "advised;" and that the Word "advised" be transposed, and put next after the Word "have."

Resolved, That these Words, "against the Parliament," do stand in this Clause.

Resolved, That this Clause; viz. "unless he or they have since manifested their good Affection to this Parliament;" be inserted in this Clause, next after the Words "One thousand Six hundred Forty-one."

Resolved, That these Words; viz. "been, or shall be, restored, and made capable, by this Parliament;" be omitted.

Resolved, That the Words "the next" be added to this Vote, next before the Word "Parliament;" at the End of this Clause.

And the Clause, so amended, being put to the Question; It was

Resolved, That all and every Person and Persons, who have advised, or voluntarily aided, abetted, or assisted in any War against the Parliament, since the First Day of January 1641, unless he or they have since manifested their good Affections to this Parliament, shall be incapable to be elected to serve Members in the next Parliament.

The First Resolve of the Committee, touching Qualifications of Electors, was read, in these Words; viz.

"That all such Persons, that have been actually in Arms for the late King, or his Son, against the Parliament, or have compounded for his or their Delinquency, shall be disabled to give any Voice or Voices in the Election of Members to serve in the next Parliament, unless he or they have since manifested his or their good Affection to the Parliament.

The Question being put, To agree to this Qualification;

The House was divided.

The Yeas went forth.

So is passed with the Negative.

The next Clause was read, in these Words; viz.

"That such Persons that deny Magistracy, or Ministry, or either of them, to be the Ordinances of God, shall be uncapable to elect, or be elected;" and laid aside.

The next Clause was read, in these Words; viz.

"That if any Elector shall give his Voice in Elections, that is disabled, as aforesaid, such Electors shall forfeit Ten Pounds; the one Moiety thereof to the Commonwealth; the other Moiety to such Person or Persons as shall sue for the same;" and laid aside.

The Question being put, That Candles be brought in;

The House was divided.

The Yeas went forth.

So it passed with the Negative.