House of Commons Journal Volume 8: 6 July 1661

Sabbati, 6 Julii, 13° Car. Regis.

Prayers.

Peyton's Estate.

A BILL to enable Algernon Peyton, Doctor of Divinity, to make Sale of Part of his Lands, for Payment of Debts, being ingrossed, was this Day read the Third time.

Resolved, That the said Bill do pass.

Resolved, That the Title of the said Bill be, An Act to enable Algernon Peyton, Doctor of Divinity, to make Sale of Part of his Lands, for Payment of his Debts.

Repairs of Churches.

A Bill for the Enabling of Churchwardens to assess and levy such Sums of Money, as shall be necessary to be expended in the Repairing of Churches, and upon other Occasions incident to their Office, being ingrossed, was this Day read the Third time.

Resolved, That the said Bill do pass.

Resolved, That the Title of the said Bill be, An Act for the Enabling of Churchwardens to assess and levy such Sums of Money as shall be necessary to be expended in the Repairing of Churches, and upon other Occasions incident to their Office.

Gips' Estate.

A Bill for the Enabling the Trustees of Richard Gips Esquire to sell Lands, &c. being ingrossed, was this Day read the Third time.

Resolved, That the said Bill do pass.

Resolved, That the Title of the said Bill be, An Act for enabling the Trustees of Richard Gips Esquire to sell Lands, &c.

And Sir Henry North is to carry up the said Three ingrossed Bills to the Lords.

Leave of Absence.

Ordered, That Sir Hugh Windham, one of the Members of this House, have Leave to go into the Country.

Brokers.

Ordered, That the Bill for a Register of Pawns and Sales in London, be read on Monday next.

Petition from Standon.

Ordered, That the Petition of the Inhabitants of the Town and Parish of Standon in the County of Hertford, which was this Day read, be referred to the Committee to whom the Bill for the Highways is committed, to provide for their Relief by that Bill, or to direct a particular Bill to be brought in for that Purpose.

E. of Dorsett's Estate.

Mr. Street reports from the Committee to whom the Earl of Dorsett's Bill was committed, several Amendments to the said Bill: Which he read, with the Coherence, in his Place; and delivered in the same, with the Bill, at the Clerk's Table: Which said Amendments were severally twice read.

Resolved, That this House doth agree to the said several Amendments: And that the said Bill, with the said Amendments, be read again the Third time on Monday next.

E. of Cleveland's Estate.

Mr. Goodrick reports from the Committee to whom the Bill for Confirmation and Explanation of an Act for the Settling some of the Manors and Lands of the Earl of Cleveland in Trustees, to be sold, for satisfying of the Debts of the said Earl, and of Thomas Lord Wentworth his Son, was committed, several Amendments to the said Bill, together with Two Provisoes, to be added thereunto: Which Amendments he read, with the Coherence, in his Place; and afterwards delivered in the same at the Clerk's Table: And the said Amendments and Provisoes being severally twice read;

Resolved, That this House doth agree to the said several Amendments and Provisoes.

Ordered, That the said Bill, with the said Amendments and Provisoes, be ingrossed.

New Windsor Election.

Mr. Serj. Charlton reports from the Committee for Elections, the Fact, touching the Return for the Borough of New Windsor: That the Question being, Whether the Right of Election was in the Corporation, consisting of Mayor, Bailiffs, and Burgesses, not exceeding the Number of Thirty; or, in the Inhabitants at large; That it appeared, by the Evidence, that the said Borough did, before the Time of Edward the 4th, send Burgesses to the Parliament; who were elected only by the Mayor, and a select Number, not exceeding the Number of Thirty, being the Corporation of the said Borough: And it was proved, by several Witnesses, and so appeared by divers Returns in several King's Reigns, That the Election, for above Seventy Years, had been by a select Number, consisting of the Mayor, Bailiffs, and Burgesses, not exceeding the Number of Thirty; and not by the Inhabitants at large; who never chose till Anno 1640: And that, upon the whole Matter, the Committee was of Opinion, That the Mayor, Bailiffs, and Burgesses, not exceeding the Number of Thirty, had only the Right of Election; and that Sir Richard Braham Knight, and Thomas Higgens Esquire, who were elected and returned as Burgesses to serve in this present Parliament for the said Borough of New Windsor, by the Mayor, Bailiffs, and Burgesses, not exceeding the Number of Thirty, were duly elected, and ought to sit.

Resolved, That this House doth agree with the said Committee, That the Mayor, Bailiffs, and Burgesses, not exceeding the Number of Thirty, have only Right of Election; and that the said Sir Richard Braham and Mr. Higgens were duly elected, and ought to sit in this House, as Burgesses for the said Borough of New Windsor.

Stamford Election.

And the said Serjeant Charlton reports from the said Committee, touching the Election for the Borough of Stamford in the County of Lincolne, That the Question was, Whether every Freeman of the said Borough, or only such Freemen as paid Scot and Lot, had Right of Election: And that, upon the Evidence, it appeared, That such Freemen only, as paid Scot and Lot, had Right of Election; and that Wm. Mountague Esquire, and Wm. Stafford Esquire, had the Majority of Voices of such Freemen as paid Scot and Lot: And the Opinion of the Committee, that they were duly elected, and ought to sit in this House.

Resolved, That this House doth agree in Opinion with the said Committee, That such Freemen only as paid Scot and Lot, had Right of Election; and that Mr. Mountague and Mr. Stafford had the Majority of the Voices of such Freemen as paid Scot and Lot; and were duly elected Burgesses for the said Town of Stamford, and ought to sit in this House.

Petition from Exon.

The Petition of divers Merchants and Clothiers of the City of Exon, was this Day read.

Ordered, That the same be referred to the Grand Committee for Trade.

Fines upon Originals, &c.

A Bill for the taking away of all Fines upon original Writs, Bills, and Filing of Declarations; and for taking away of Dampna Clericorum, or Damage-cleere, was this Day read the Second time.

Resolved, upon the Question, That the same be committed to Serj. Keeling, Mr. George, Mr. Wm. Mountague, Sir Solom. Swale, Mr. Comptroller, Mr. Crouch, Mr. Yorke, Sir Robert Atkins, Mr. Shaw, Sir Cha. Harbord, Mr. Rigby, Colonel Sandis, Sir Tho. Smith, Sir Rich. Onslow, Mr. Hungerford, Mr. Clifton, Mr. Churchill, Sir Courtney Poole, Mr. How, Sir Phil. Warwick, Mr. Wm. Coventry, Mr. Wren, Mr. Law. Hide, Sir Robert Holt, Mr. Pryn, Mr. Wm. Sandys, Mr. Geo. Mountague, Mr. Lowther, Mr. Vice Chamberlain, Doctor Burwell, Mr. Thurland, Mr. Pepis, Sir Cha. Cornwallis, Sir Wm. Courtop, Sir Hen. North, Mr. Smith, Sir Tho. Meres, Sir Wm. Lewis, Mr. Clifford, Mr. Attorney of the Duchy, Sir Edm. Pooley, Sir Tho. Fanshaw, Sir Tho. Strickland, Mr. Hen. Coventry, Mr. Bulteele, Sir Allen Brodrick, Lord Cornbury, Sir John Goodrick, Sir Bayn. Throgmorton, Mr. Jay, Serj. Charleton, Sir Allen Apsley, Mr. Hussey, Sir Phil. Musgrave, Sir Hen. Newton alias Puckering, Mr. Puckering, Mr. Fretchvill, Sir Edm. Peirse, Sir Wm. Compton, Mr. Swinfen, Mr. Mallett, Mr. Jo. Jones, Sir Rich. Ford, Mr. Andrewes, Mr. Knight, Mr. Ashburnham, Sir Edw. Walpoole, Mr. Potter, Mr. Goddard, Mr. Newton, Sir Hum. Bennett, Sir Clem. Throgmorton, Mr. Edw. Seymour, Mr. Faunt, Mr. Barnaby, Mr. Griffin, Sir Robert Howard, Mr. Waller: And they are to meet in the Exchequer Chamber, on Monday next, at Two of the Clock: And to send for Persons, Papers, and Records.

Lords concur in Bills.

A Message from the Lords, by Sir Justinian Lewyn, and Sir Mundiford Brampston, Two of the Masters of Chancery;

Mr. Speaker, The Lords have commanded us to tell you, that they do concur with you in Two Bills you sent up to them; the one being for the confirming of publick Acts; and the other for ascertaining the Fees to the Masters of Chancery.

Message from the King.

Sir William Morice, one of his Majesty's principal Secretaries of State, this Day acquainted this House, That he was commanded by his Majesty to signify unto this House, that his Majesty intended to be at the Lords House on Monday Morning, singly to pass the Act for confirming publick Acts, wherein the Act of Oblivion is contained.

Rannes Manor.

A Bill for confirmation of the Estates of several Tenants and Copyholders of the Manors of Rannes, &c. was this Day read the Second time.

Resolved, upon the Question, That the same be committed to Lord Castleton, Colonel Windham, Sir Jo. Brampston, Colonel Phillips, Sir Roger Bradshaigh, Mr. Thurland, Mr. Crook, Mr. Attorney of the Duchy, Mr. Wm. Sands, Mr. Coryton, Sir Cha. Harbord, Sir Allen Apsley, Mr. York, Sir Robert Atkins, Sir Hump. Bennet, Mr. Bennett, Sir Hen. Capell, Sir Solo. Swale, Mr. Lowther, Mr. Milward, Mr. Goodrick, Sir Jo. Goodrick, Sir Antho. Irby, Mr. Peckham, Lord Richardson, Lord Cornbury, Mr. Jeffery Palmer, Mr. Lewis Palmer, Sir Allen Brodrick, Serj. Littleton, Mr. Dennis, Mr. Tho. Jones, Sir Tho. Peyton, Colonel Sandys, Mr. Crouch, Mr. Hen. Coventry, Mr. Wm. Coventry, Mr. Bulteele, Mr. Wren, Sir Wm. Lewis, Sir Rich. Lloyd, and all the Members of this House who serve for the Counties of Derby, Stafford, Lancaster, Chester, Northampton, and Warwick: And they are to meet on Monday next, at Two of the Clock in the Afternoon, in the Duchy Chamber: And to send for Persons, Papers, and Records.

Clithero Copyholders.

A Bill for the Copyholders of the Honour of Clithero, in the County of Lancaster, was this Day read the Second time.

Resolved, upon the Question, That the same be committed to the same Committee to whom the Bill for Confirmation of the Estates of several Tenants and Copyholders of the Manors of Rannes, &c. is committed: And they are to meet at the same Time and Place: And to send for Persons, Papers, and Records. And the Creditors of Sir Allen Apsley are to have Notice, that they may be heard, if they have any thing to offer.

Message from Lords.

A Message from the Lords, by Mr. Justice Twisden and Mr. Justice Windham;

Mr. Speaker, The Lords have sent us to let you know, that the King will be at the House of Lords on Monday next, at Ten of the Clock, to pass the Bill for Confirmation of publick Acts.

Restoring Advowsons, &c.

A Bill for restoring all such Advowsons, Rectories, &c. to his Majesty's loyal Subjects, as were taken from them, upon their Compositions, by the late usurped Powers, was this Day read the Second time.

Resolved, That the same be committed to Mr. Fretchvill, Sir Allen Apsley, Sir Tho. Fanshaw, Mr. Ashburnham, Sir Phill. Warwick, Sir Tho. Leigh, Mr. Clerk, Mr. Churchill, Lord Bruce, Mr. Moreton, Mr. Spry, Mr. Edm. Windham, Mr. Crouch, Mr. Coriton, Mr. Pytt, Lord Rich. Butler, Mr. Lewis Palmer, Mr. Pryn, Colonel Sandys, Sir Jo. Holland, Mr. Gyles Strangwayes, Sir Lanc. Lake, Sir Geo. Reeve, Sir Tho. Fanshaw, Mr. Dowdswell, Lord Bruce, Mr. Comptroller, Mr. Secretary Morice, Serj. Charleton, Mr. Wm. Sandys, Mr. York, Mr. Atto. of the Duchy, Sir Francis Clerke, Sir Charles Harbord, Sir Solomon Swale, Mr. Lowther, Colonel Windham, Mr. Edw. Phillips, Sir Arian Scroope, Mr. Fane, Earl of Ossory, Lord Cornbury, Mr. Jeffery Palmer, Sir Ralph Ashton, Mr. Kyrkby, Sir Jo. Strangwayes, Sir Cha. Cornwallis, Sir Robert Atkins, Sir Rich. Everard, Mr. Villiers, Sir Maurice Berkley, Sir Clem. Throgmorton, Lord St. John, Sir Edm. Pooley, Mr. Peckham, Sir Jo. Norton, Mr. Shaw, Mr. Smith, Sir Roger Bradshaigh, Sir Robert Holt, Mr. Edw. Seymour, Sir Jo. Goodrick, Mr. Hen. Coventry, Mr. Biscowen, Mr. Wm. Mountague, Lord Mansfeild, Mr. Spencer, Mr. Devereux, Sir Edw. Walpoole, Sir Hen. Newton alias Puckering, Mr. Jo. Newton, Mr. Walden, Lord Willoughby, Lord Brereton, Sir Hump. Winch, Sir Wm. Compton, Mr. Potter, Mr. Goodrick, Sir Edw. Seymour, Mr. Herbert, Mr. Jo. Lowther, Sir Bayn. Throgmorton, Sir Allen Broderick, Sir Courtney Poole, Sir Jo. Brampston, Sir Rich. Oatley, Mr. Law. Hide, Sir Wm. Hickman, Sir Tho. Smith, Sir Tho. Hele, Sir Jo. Stowell, Sir Chichester Wray, Mr. Milward, Mr. Wm. Coventry, Sir Jo. Duncombe, Mr. Geo. Mountague, Mr. Widdrington, Lord Le De Spencer, Mr. Ashburnham, Mr. Puckering, Mr. Taylor, Mr. Jay, Mr. Flint, Mr. Chetwind, Mr. Rigby, Sir Wm. Lewis, Mr. Fra. Windham, Mr. Whorwood, Sir Hen. Lingen, Sir Phill. Musgrave: And they are to meet on Monday next at Two of the Clock, in the Star Chamber: And to send for Persons, Papers, and Records: And they are to take care, that Provision be made, by the said Bill, for the Payment of the Rents in Arrear for the said Rectories, Vicarages, and Tythes, to the right Owners, from whom the same were taken; and that the right Owners may have the Advantage of all Bonds which have been given for to secure the Rents; and that all Bonds, Recognizances, and other Securities whatsoever, taken or entered into by any of the loyal Party, for Payment of any Money whatsoever, upon their Compositions, or upon any other publick Occasion, in the time of the pretended Major Generals, or any other of the usurped Powers, be brought in, cancelled, and made void; and that all Rent Charges and Annuities, upon that Occasion forced from them, may be made void and absolutely discharged; and that the Estates taken from such of them as would not compound, may be restored to them.

Publick Money.

A Bill for investing the King's Majesty with such Monies as have been secured for publick Uses, and not pardoned by the Act of Oblivion, was this Day read the First time.

Resolved, That the same be read again on Monday next.

Bills depending.

Ordered, The Members of this House hereafter named be a Committee;

Sir Tho. Meres, Mr. Dowdswell, Sir Sol. Swale, Mr. Vice Chamberlain, Mr. Ashburnham, Mr. Giles Strangwayes, Mr. Broom Whorwood, Sir Maurice Berkley, Sir Ben. Ayloff, Sir Geo. Reeve, Sir Phill. Warwick, Mr. Trelawney, Mr. Fra. Clerke, Mr. Waller, Sir Hen. Newton alias Puckering, Sir Rich. Onslow, Mr. Fane, Sir Edw. Walpoole, Sir Bayn. Throgmorton, Mr. Fretchvill, Mr. Rigby, Mr. John Lowther, Sir Antho. Irby, Sir Robert Atkins, Mr. Wm. Sandys, Mr. Secretary Morice, Colonel Sandys, Sir Jo. Strangwayes, Mr. Lowther, Mr. Coryton, Mr. Comptroller, Sir Cha. Cornwallis, Mr. Smith, Sir Adrian Scoop, Colonel Fretchvill, Mr. Clerke, Mr. Jo. Newton, Mr. Puckering, Mr. Pryn, Sir Tho. Fanshaw, Sir Robert Holt, Sir Jo. Goodrick, Sir Clem. Throgmorton, Lord Brereton, Mr. Morice, Mr. Milward, Lord Ancram, and all the Gentlemen of this House who are of the Long Robe: And that they consider what Bills are now brought in or depending in this House; and which of them are necessary to be proceeded in, and to be passed before the Adjournment; and to make Report to this House: And they are to meet this Afternoon, at Two of the Clock, in the Speaker's Chamber.

Privilege.

Sir John Talbot this Day acquainted this House, That the Serjeant who had arrested his Servant, and was now in Custody, had made his humble Submission.

Ordered, That he be discharged of his Imprisonment, paying his Fees.

Committee of Privileges.

Ordered, That Sir Thomas Smith be added to the Committee of Privileges and Elections.

Tumultuary petitioning.

Ordered, That the Committee to whom the Bill against Tumults was committed, be revived.

Disbanding the Army, &c.

Ordered, That the Committee for disbanding and paying of the Army and Navy do make their Report on Tuesday next.

Committees added.

Ordered, That the Persons under-named be added to the Committee to whom the Examination of the Information against Mr. James Phillips is committed;

Mr. Edw. Smith, Mr. Law. Hyde, Mr. Giles Hungerford, Mr. Robert Phillips, Mr. Edw. Phillips, Mr. Tho. Hele, Sir Cha. Cornwallis, Mr. Chichley, Lord Brereton, Major General Egerton, Mr. Strickland * * * *

Message respecting Adjournment.

Mr. Speaker acquainted this House, That the Lord High Chancellor of England had signified his Majesty's Desire to adjourn about the Fifteenth, Sixteenth, Seventeenth, or Eighteenth Days of this Month; and that, if the publick Business now depending could not be so soon dispatched, he would send to the Judges to defer the Circuits.

Perjury.

A Bill against Perjury was this Day read the Second time.

Resolved, That this Bill be committed to the same Committee to whom the Bill against Rogues and Vagabonds is committed: And Sir Humphrey Winch is to be added to the same Committee: And the Committee to whom the Bill against Rogues, and Vagabonds, and Quakers, was committed, is revived.

Pluralities.

Ordered, That the Bill against Pluralities be read on Monday next.

And then the House adjourned till Seven a Clock on Monday Morning.