House of Commons Journal Volume 8: 4 September 1660

Tuesday, 4th September, 1660.

Prayers.

Protestants of Piedmont, &c.

THE Bill for recovering Five Thousand Pounds, the Residue of Eight thousand Pounds, lent to Alderman Temms, and Mr. Martin Noell, out of the Money collected for the poor Protestants of Piedmont; was this Day read the Second time; and, on the Question, ordered to be ingrossed.

Settling Ministers.

The House resumed the Debate upon the Provisoes tendered to the Bill for settling Ministers Livings.

A Provisoe was tendered to this Bill, viz. "Provided, that this Act, or any thing therein contained, shall not extend to give Benefit to any who, by the Power of the Major Generals, and by Force of Arms, and not by Authority of Parliament, or Committee of Plundered Ministers, have intruded themselves into sequestered Benefices:" Which was read; and, on the Question, ordered to be laid aside.

Another Proviso was tendered to this Bill; "Provided always, and be it Enacted, that every Person and Persons, being ordained as aforesaid, in Possession of any Ecclesiastical Benefice or Promotion, with Cure of Souls, who hath by Printing, Preaching, or otherwise, promoted the Restitution of his Majesty to his undoubted Rights and Government, shall (except in case where the former Incumbent is living) be continued and settled in such Benefice or Promotion; any thing in this Act to the contrary notwithstanding:" Which was read the First time; and, on the Question, ordered to be laid aside.

Another Provisoe was tendered to this Bill; "Provided also, that where any Person or Persons hath, by due Process and Judgment of Law, recovered any Rectory, Benefice, or other Ecclesiastical Promotion; that all and every such Recoveries and Judgments respectively shall be of like, and no other, Force and Effect, as the same should have been, if this Act had not been made; any thing in this Act contained to the contrary notwithstanding:" Which was read the First time.

And, on the Question put, That the same be read the Second time;

It passed in the Negative.

Another Proviso was tendered to this Bill; viz. "Provided always, that if any Minister, heretofore sequestered, or ejected from a Benefice with Cure of Souls, be legally possessed of one or more Benefices with Cure of any Headship, or Mastership of any College or Hall, in either of the Universities, exceeding the yearly Value of , and above Thirty Miles distant from such Benefice from which he was removed, as aforesaid; that then, in such Case, such Minister be not restored; but that the Minister in Possession of such Benefice, being qualified according to this Act, is hereby, and shall be, continued and settled lawful Incumbent in such Benefice; any thing in this Act to the contrary notwithstanding:"

Which was read the First time:

And, on the Question put, That the same be read the Second time;

It passed in the Negative.

The Provisoes ingrossed into the Bill were read the Third time.

Resolved, That this Bill with the said Provisoes, do pass.

Resolved, That this be the Title of the Bill; viz. An Act for the confirming and restoring of Ministers.

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

Mr. Annesley did carry the said Bill to the Lords, accordingly.

Somen Duked.

Mr. Pryn reports from the Committee, Amendments to the Bill touching the Marquis of Hertford, for repealing a Clause in a private Act, made 5° Edw. VI. touching the Limitation of the Duke of Somersett's Lands: Which were read; and, on the Question, agreed.

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

Marq. o Winches's Estate.

The Question being put, That the Committee to whom the Marquis of Winchester's Bill is committed, have Leave to sit between the Rising and Sitting of the House this Day;

It passed in the Negative.

Ministers.

Mr. Annesley reports, that he hath delivered the Ministers Bill to the Lords.

Thanks for Message concerning Ministers.

Ordered, That the Members of this House, who are of his Majesty's Privy Council, do return to his Majesty the humble Thanks of this House, for his Majesty's gracious Message, communicated to this House by Mr. Secretary Morris; whereby his Majesty was pleased to signify his gracious Intentions to take care of and provide for such Ministers as are worthy, and every way qualified for the Work of the Ministry, and shall be removed from the respective Livings, by virtue of the Act for confirming and restoring of Ministers: And that they also present to his Majesty, the humble Desire of this House, that his Majesty will please to take care of them accordingly, as there shall be Occasion.

Woolen Manufacture.

Colonel Jones reports the Draught of a Petition to his Majesty, in reference to the Charges laid upon the Cloth and other Woolen Manufactures of this Kingdom, by the Dutch: Which was read; and, with some Amendments, was, on the Question, agreed; being as followeth; viz.

To the King's most Excellent Majesty:The humble Petition of the Commons assembled in Parliament:

Shewing,

THAT Woolen Cloth, and other Woolen Manufactures within this Realm, are the chief Support of many Thousand Inhabitants thereof; the principal Foundation upon which the foreign Commerce of this Kingdom moveth; and the great Means of upholding and advancing of your Majesty's Customs and Subsidies:

That, for some Years past, the Dutch have designed to beat down and discourage That Manufacture in this Realm, and to gain the same to themselves; which they have in a great measure effected:

That, in order to that Design, they have imposed these immoderate and excessive Imposts, or Charges, upon English Cloth imported into their Countries; viz. upon every short Cloth, Twenty Shillings; upon every long Cloth, Twenty-four Shillings; upon every Worcester Cloth, Thirty Shillings; and also, a certain Charge of Tare, usually amounting to Ten Shillings, upwards, upon every English Cloth:

That by the Exemption of the Dutch Cloth from these Charges, and by the laying these excessive Taxes upon English Manufactory, the Market and Vent of English Cloth, and other Woolen Manufacture, is hindered; the English Merchant discouraged; and, in effect, little less than a plain Inhibition of the Trade of those Manufactures into Holland, is introduced and maintained.

The Premises considered, Your most obedient Subjects, the Commons assembled in Parliament, humbly pray, that upon the Treaty with the Dutch, Your Majesty will be pleased to take such effectual Course, that the excessive Impositions aforesaid be taken off from the English Cloth; and that the like Care may be taken in Treaties with other Princes and States:

And Your Petitioners shall ever pray, &c.

Ordered, That the Lords Concurrence be desired herein: And Colonel Jones is to carry it to the Lords.

Draining the Fens.

A Bill for the necessary Support of the Work of draining the great Level of the Fens, was this Day read the Second time; and, on the Question, committed to Lord Aungier, Sir Henry North, Mr. Wendy, Mr. Pryn, Mr. Trevor, Serjeant Hales, Sir Anthony Irby, Sir Francis Gerrard, Col. Richard Ingolsby, Mr. Bunckley, Mr. Goodwin, Mr. Swanton, Sir Henage Finch, Lord Falkland, Mr. Vowell, Lord Richardson, Mr. Mynors, Sir Gilbert Gerrard, Sir George Downing, Mr. Annesley, Sir Richard Onslow, Mr. Hollis, Mr. Pryn, Mr. Rushworth, Mr. Tompkins, Mr. Seymour, Mr. Russell, Sir John Lowther, Col. Shapcot, Serjeant Glyn, Mr. Lowther, Sir Geo. Reeves, Mr. Smith, Col. Gerrard, Sir Wm. Wheeler, Mr. Newton, Mr. Eyres, Mr. Thomas, Mr. Hampden, Lord Spencer, Mr. Hele, Sir Wm. Doyley, Mr. Baynton, Lord Herbert, Col. King, Sir John Marsham, Lord Broghill, Mr. Gott, Mr. Powell, Mr. Knight, Mr. Crowch, Mr. Marvell, Sir Wilfrid Lawson, Sir Robert Pye, Mr. Herle, Mr. Ellison, Mr. Foley, Sir Solomon Swale, Mr. Boscawen, Mr. Pryn, Mr. Mallet, Sir John Northcot, Lord Bruce, Mr. Jolliffe, Lord Howard, Sir John Temple, Mr. Merrick, Mr. Hungerford, Sir Ralph Knight, Col. Hugh Bethell, Mr. Hylliard, Sir George Booth, Mr. Bacon, Sir John Dawney, Mr. Fyennes, Mr. Harris, Mr. Yong, Mr. Charlton, Mr. Bampfeild, Mr. Grey, Mr. Capell, Sir Tho. Willis, Sir John Carter, Sir Tho. Dacre, Mr. Ellison, Sir Anthony Ashley Cooper, Sir John Norwich, Sir John Cotton, Mr. Swinfen, Sir Richard Browne, Mr. Merrick, Mr. Culliford, Mr. Coles, and all the Members of this House, that serve for the Counties, Cities, and Boroughs of Northampton, Norfolk, Suffolk, Lincolne, Cambridge, Huntington, and the Isle of Ely: And they are to meet in the Exchequer Chamber, at Three of the Clock this Afternoon.

The humble Petition of the Inhabitants of the Isle of Ely, more particular, those of the North-side of Wisbeach, Levington, Newton, and Tid St. Giles, containing Fourteen thousand Seven hundred and Sixty Acres, was read; and referred to the said Committee.

The humble Petition of Sir Wm. Playters, Colonel Samuell Sandys, Col. Robert Phillips, Col. William Terringham, Sir John Hewet, on the Behalf of themselves, and many others, was read; and referred to the aforesaid Committee.

Privilege- Persons discharged.

Ordered, That Henry Newman, at whose Suit Richard Birt, a menial Servant of Mr. Cooper, a Member of this House, was arrested; as also Edward Barber and * Gamage, who arrested the said Richard Birt, (all which Persons were taken into Custody by the Serjeant at Arms attending this House) be forthwith discharged, and set at Liberty, they first paying their Fees.

Bills to be read.

Resolved, That the ingrossed Bills, remaining before the House, be read the first Business in the Afternoon, at the Sitting of the House.

Lords will sit.

Ordered, That a Message be sent to the Lords, to acquaint them, that this House have determined to sit Forenoon and Afternoon, till the Adjournment of the Houses; and to desire them, that they will do the like, for the Dispatch of publick Business: And Sir George Downing and Lord Aungier are to carry this Message to the Lords.

Crown Revenue.

Sir Henage Finch reports from the Committee to whom it was referred to consider of a Revenue to be settled on the King's Majesty, and the State of the late King's Revenue; an Estimate of the present Revenue of his Majesty, and several Resolves of the said Committee: That is to say.

That, according to the best Information the Committee could receive from the Officers heretofore employed about the Revenue, the Total of the Revenue, which came unto his late Majesty, amounted, from the Year 1637 to the Year 1641 inclusive, communibus annis, unto Eight hundred Ninety-five thousand Eight hundred and Nineteen Pounds, Five Shillings; whereof Two hundred and Ten thousand Four hundred Ninety-three Pounds, Seventeen Shillings and Four-pence did arise by Payments, partly not warranted by Law, partly expired: And that the Expences of his said late Majesty's Government did amount, communibus annis, to about Two hundred thousand Pounds a Year above the Receipt; in which Computation the Incomes arising by Ship Money, are not comprehended: And that by Estimate, the present Revenue of his now Majesty may be computed at Eight hundred and Nineteen thousand Three hundred Ninety eight Pounds, or thereabouts: That is to say; By

Of which Sum Forty-five thousand Six hundred Ninety-eight Pounds Eighteen Shillings and Sevenpence, Part of the said Two hundred Sixty-three thousand Five hundred Ninety-eight Pounds, for Farms and Rents, is casual, and, for the most Part, lost; viz. for the Mint, Alum, Transportation of Gold, New Years Gifts, and installed Debts.

He also reports some Resolves of the said Committee; viz.

That a Bill be tendered to the House, for Establishing, and Regulation, of the Office of Post Master:

That the like Bill be tendered to the House, for Wine Licences:

That a Bill be prepared, for settling the Lands of the Crown, so that no Grant of the Inheritance shall be good in Law; nor any Lease, more than for Three Lives, or Thirty-one Years, where a third Part of the true yearly Value is reserved for a Rent; as it shall appear upon the Return of a Survey; which that Act is to take Order for, that it may be speedily had and taken:

That the House be desired to move the King's Majesty, that there be a Forbearance to make Leases of Lands, or other Grants of the Revenue, till the said Act be passed: And

That the said Committee think fit, that the Revenue for the constant yearly Support of his Majesty, be a Revenue of Twelve hundred thousand Pounds a Year.

The Question being propounded, That the present King's Majesty's Revenue shall be made up Twelve hundred thousand Pounds a Year;

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

It passed in the Affirmative.

And the main Question being put; it was

Resolved, That the present King's Majesty's Revenue shall be made up Twelve hundred thousand Pounds a Year.

Resolved, That this House doth agree with the Committee, that a Bill be brought in, for Establishing, and Regulation, of the Office of Wine Licences; and that another Bill be brought in, for settling the Lands of the Crown, so as that no Grant of the Inheritance shall be good in Law; nor any Lease, for more than Three Lives, or One-and-thirty Years, where a third Part of the true yearly Value is reserved for a Rent; as it shall appear upon the Return of a Survey, which that Act is to take Order for, to be speedily had and taken: And that Mr. Solicitor General, and Mr. Serjeant Glyn, do prepare and bring in Bills accordingly.

Resolved, That this House doth agree with the Committee, that the King's Majesty be humbly moved, from this House, to forbear to make any Leases of Lands, or other Grants of the Revenue of the Crown, till the said last-mentioned Act be passed.

The House adjourns itself till Four of the Clock in the Afternoon.

Post Meridiem.

Teres.

RESOLVED, That his Majesty be humbly moved, that he will be pleased to forbear the Exercise of his Prerogative, in making use of his Tenures, till this House shall have settled a Revenue in Compensation thereof; which is already in an effectual Way of settling.

Navigation.

The ingrossed Bill for Encouragement and Increase of Navigation, was this Day read the Third time.

A Clause was tendered to this Bill; viz. "And it is further Enacted, by the Authority aforesaid, That, from and after the First Day of April, which shall be in the Year of our Lord 1661, no Sugars, Tobacco, Cotton, Wool, Indicoes, Ginger, Fustick, or other dying Wood, of the Growth, Production, or Manufacture, of any English Plantations in America, Asia, or Africa, shall be shipped, carried, conveyed, or transported, from any of the said English Plantations, to any Land, Island, Territory, Dominion, Port, or Place, whatsoever, other than to such other English Plantations as do belong to his Majesty, his Heirs and Successors, or to the Kingdom of England, or Ireland, or Principality of Wales, or Town of Berwick upon Tweed, there to be laid on Shore, under the Penalty of the Forfeiture of the said Goods, or the full Value thereof; as also of the Ship, with all her Guns, Tackle, Apparel, Ammunition, and Furniture; the one Moiety to the King's Majesty, his Heirs and Successors; and the other Moiety to him or them that shall seize, inform, or sue for the same, in any Court of Record, by Bill, Plaint, or Information; wherein no Essoign, Protection, or Wager of Law shall be allowed. And be it further Enacted, by the Authority aforesaid, That, for every Ship or Vessel, which, from and after the Twenty-fifth Day of December in the Year of our Lord 1660, shall set Sail out of, or from, England, Ireland, Wales, or Town of Berwick upon Tweed, for any English Plantation in America, Asia, or Africa, sufficient Bond shall be given, with one Surety, to the chief Officers of the Custom House of such Port or Place from whence the said Ship shall set Sail, to the Value of One thousand Pounds, if the Ship be of less Burden than One hundred Tons; and of the Sum of Two thousand Pounds, if the Ship shall be of greater Burden; that in case the said Ship, or Vessel, shall load any of the said Commodity, at any of the said English Plantations, that the same Commodities shall be, by the said Ship, brought to some Port of England, Ireland, Wales, or to the Port or Town of Berwick upon Tweed, and shall there unload, and put on Shore, the same; the Danger of the Seas only excepted: And, for all Ships coming from any other Port or Place to any of the aforesaid Plantations, who, by this Act are permitted to trade there, that the Governor of such English Plantation shall, before the said Ship or Vessel be permitted to load on Board any of the said Commodities, take Bond, in Manner, and to the Value aforesaid, for each respective Ship or Vessel, that such Ship or Vessel shall carry all the aforesaid Goods that shall be laden on Board in the said Ship, to some other of his Majesty's English Plantations; or to England, Ireland, Wales, or Town of Berwick upon Tweed: And that every Ship or Vessel which shall load, or take on Board, any the aforesaid Goods, until such Bond given to the said Governor, or Certificate produced from the Officers of any Custom House of England, Ireland, Wales, or of the Town of Berwick, that such Bond have been there duly given, shall be forfeit, with all her Guns, Tackle, Apparel, and Furniture; to be employed and recovered in manner as aforesaid: And the said Governors, and every of them, shall, twice in every Year, after the First Day of January 1660, return true Copies of all such Bonds, by him so taken, to the Chief Officers of the Custom, in London:" Which was read the First and Second time; and, on the Question, agreed; and ordered to be Part of the Bill.

Ordered, That, in the 6th Skin, Line 17, betwixt the Word "Commodities," and before the Word "shall," these Words be added, "or take in, or set on Shore, any Passengers," be inserted.

Ordered, That, in Skin 1st, Line 33, after the Word "Plantation," and before the Word "Territories," the Word "or" be inserted, instead of the Word "and."

Ordered, That, in Skin 2, Line 33, after the Word "Custom," these Words "for the same" be omitted.

Ordered, That, in Skin 4, Line 48, after the Word "English," and before the Word "the," the Word "from" be inserted, instead of the Word "at."

Resolved, That this Bill, with the said Clause and Proviso, do pass.

Resolved, That the Title of this Bill be, An Act for Encouraging and Increasing of Shipping and Navigation:

That Sir George Downing do carry this Bill to the Lords, To-morrow Morning.

Lords to sit.

Sir George Downing reports, that he had attended the Lords, this Day, with a Message from this House to desire their Lordships to sit this Afternoon; and that their Lordships gave Answer, they would send Answer by Messengers of their own.

College Leases.

The House resumed the Debate of the Provisoes tendered to the Bill for confirming of Leases from Colleges, Hospitals, &c. concerning Mr. Thomas Clifton's Interest, as ancient Tenant, in the Rectory of Kirkham, in the County Lancaster: Which was read the First time, and laid aside.

Another Proviso was tendered; "That whereas Dr. Owen, late reputed Dean, and the Chapter, of the Cathedral Church of Christ in Oxon, of the Foundation of King Henry the Eighth, by their Indenture, dated the Seventh Day of August in the Year of our Lord 1657, did lease and demise, unto John Arthur Clerk, and others, certain Tithes and Lands, Parcel of the Manor and Parsonage of Kirkham, in the County of Lancaster; and, by several other Indentures, did lease and demise, unto several other Persons, many other Parts and Portions of the said Parsonage of Kirkham, which had long been in the Tenure or Occupation of Thomas Clifton Esquire, and his Ancestors, by several successive Leases, under the Abbot and Convent of Vale Royall, and the College of Christ Church aforesaid, respectively, for several Terms of Years yet unexpired: Be it Enacted and Ordained, That Thomas Clifton, now of Lytham in the County of Lancaster, Esquire, his Executors and Administrators; paying the several and respective Rents reserved unto the said College; and securing unto the said John Arthur, and others, out of the Premises, the yearly Sum of Four hundred Pounds, to be paid half-yearly, by equal Portions, for the Term of Eleven Years next ensuing; and re-imbursing, unto the said several other Lesses respectively, or their respective Assigns, so much Money as was by them respectively and truly paid for their respective Fines; shall have and enjoy the said several demised Premises, for the Residue of the said several Terms of Years yet to come, as if the said several Leases made unto them the said John Arthur, and others, and unto the said several other Persons, as aforesaid, had been legally made unto the said Thomas Clifton, by a lawful Dean and Chapter; this Act, or any other thing, to the contrary notwithstanding:" Which was read the First time.

Resolved, That this Proviso be read the Second time:

And it was read the Second time accordingly:

And the said Proviso was, upon the Question, agreed unto; and ordered to be made Part of the Bill.

Another Proviso was tendered to this Bill; viz. "Provided always, that this Act, or any thing therein contained, shall not extend to confirm the Election of any Head, Fellow, Scholar, or Chaplain, of any College, or Hall, in either of the Universities, that is or was not capable of being elected unto such Place or Places, by the Statutes of the said College or Hall, into which he or they were chosen:" Which was read the First and Second time.

Resolved, That before the Word "is," being the First Word of the 4th Line, these Words be inserted; viz. "upon any other Ground, besides the Want of Episcopal Ordination."

Resolved, That this Proviso, so amended, be Part of the Bill.

Another Proviso was tendered to this Bill; viz. "Provided always, and it is hereby Enacted, That nothing herein contained shall in any wise extend to prejudice or invalidate any Grant, Presentation, Confirmation, or Investiture, granted or made by his Royal Majesty that now is, or by any other Person or Person by lawful Authority derived from the King's Majesty that now is, of, in, or to, any Deanery, Mastership, Provostship, Presidentship, Wardenship, Prebendary, Canonship, or other Headship; or of, in, or to, any Readers or Lecturers Place, Fellowship, Scholarship, Studentship, or other Place of Trust or Profit in either of the Universities aforesaid; or, of, in, or to, the Colleges of Eaton or Winchester, &c.; any thing in this Act to the contrary in any wise notwithstanding:" Which was read the First time; and laid aside.

Another Proviso was tendered to this Bill; viz. "Provided also, that this Act, or any thing therein contained, shall not extend to prejudice the Title of any Person or Persons, who, by Letters Patents under the Great Seal, since the First Day of May, and before the Twenty-sixth of August, 1660, have obtained from his Majesty any Grant of any Deanery, Headship of any House, Rectorship of any College, Canon's Place, Prebendary, Fellowship, or Scholarship, within either of the Universities, or the Colleges of Eaton, Westminster, or Winchester; but that all and every the said Grants, and Letters Patents, shall be of such, and no other, Force and Effect, as the same should have been if this Act had not been made; any thing in this Act contained to the contrary notwithstanding:" Which was read the First and Second time.

Ordered, That, after the Words "the Great Seal," in the 4th Line, these Words, viz. "since the First Day of May, and before the Twenty-sixth of August 1660," be inserted.

And the said Proviso, so amended, was, upon the Question, agreed to be Part of the Bill.

A Proviso was tendered concerning Mr. John Tombs:

Resolved, That the said Proviso be read.

The said Proviso was read the First and Second time; being as followeth; viz.

"Proviso also, that this Act, or any thing therein contained, shall not extend to confirm any Lease, or Estate, made by John Tombs Clerk, of any Lands, Tenements, or Hereditaments, belonging to the Hospital of St. Katharine's in Ledbury, in the County of Hereford, to any of the Children of him the said John Tombs, or to any other Person or Persons in Trust for him or them, or any of them:"

Which was read the First and Second time; and agreed, upon the Question, to be Part of the Bill.

Resolved, That no more Provisoes to this Bill be received.

Resolved, That this Bill, with the Provisoes, do pass.

Resolved, That the Title of the said Bill be, viz. An Act for Confirmation of Leases and Grants of Colleges and Hospitals.

Draining the Fens.

Ordered, That Mr. Proby be added to the Committee for the Fens.