House of Commons Journal Volume 8: 24 July 1661

Mercurii, 24 Julii, 13° Car. Regis.

Prayers.

Poyer's Claim.

UPON reading of the humble Petition of Elizabeth Poyer, Relict of Colonel John Poyer, deceased, who was sentenced by a Court Martial, and shot to Death; setting forth her Husband's Fidelity, Services, Loss of his Life, Expence of his Estate to the Value of 8,000£. and upwards, and her Debts and Sufferings; and praying some present Relief to keep her and hers from starving; and further Provision for the Maintenance of her and her poor Family.

Ordered, That the said Condition of the Petitioner and her Children be, and is hereby humbly recommended to the pious Consideration of his Majesty; who is humbly desired by this House to grant unto her such Relief, in Compensation of her sad Sufferings and Losses, as, in his Princely Wisdom and Goodness, he shall judge her Case may deserve.

Officers of the House.

Upon reading the several Petitions of the Officers under the Serjeant at Arms attending this House;

Ordered, That it be recommended to the Right honourable the Lord High Treasurer of England to give Directions for the Satisfaction of what was ordered by the last Assembly to the Clerk, and his Assistant, to the Under Clerks, and to the Officers, then attending this House, out of the Arrears of the Grand Excise due the 25th of December last, as the same was stated and reported by the Committee, and then appointed to be paid: And his Lordship is likewise desired to give a proportionable Recompence to the Chaplain, who hath constantly performed his Duty to this House during this Parliament; and to the Clerk of this House, and his Assistant; and to the Under Clerks; as also to the Serjeant at Arms, and the Officers under him, attending the Service of this House this Parliament; and to the Clerk of the Crown's Deputy, who hath constantly attended the Committee of Privileges and Elections; and to give Order for the Satisfaction of the Stationer's Bills: and Mr. Speaker is requested to acquaint his Lordship with the Desires of the House herein.

And it is further Ordered, That it be committed to Sir Lancelot Lake, Sir Tho. Littleton, Serjeant Charleton, Mr. Spencer, Mr. Vaughan, Mr. Pryn, Sir Benjamin Ayloff, Mr. Knight, Mr. Lowther, Mr. Clifford, Sir Anthony Irby, Sir Ralph Ashton, Mr. Crouch, Sir Jo. Strangwayes, Mr. Waller, Sir Wm. Lewes, to consider what Fees have been anciently due to the several Clerks and Officers of this House: and the Number of the said Officers, and how they were paid, and whence their Satisfaction did arise; and how, for the future, they may have and receive a Recompence suitable to their Pains and Attendance; and to make Report to this House, at their next Meeting after this Recess, when the House is full.

Navy Government.

Mr. Clifford reported from the Committee to whom the Bill for the establishing Articles and Orders for the Regulating, and better Government, of his Majesty's Navies, &c. was committed, several Amendments to the said Bill: Which he read, with the Coherence, in his Place; and afterwards delivered in the same, with the Bill, at the Clerk's Table: Which said Amendments being severally twice read; and, upon the Question, agreed unto;

A Proviso was tendered to be added to the said Bill: Which said Proviso being read;

Ordered, That Mr. Vaughan, Sir Phillip Warwick, Mr. William Coventry, Serjeant Charleton, Mr. Vice Chamberlain, Sir Heneage Finch his Majesty's Solicitor General, Sir Edward Harlow, Mr. Pryn, and Mr. Knight, do withdraw to consider of the said Proviso: Which being accordingly done;

Mr. Coventry reported from the Members to whom the Consideration of the said Proviso was referred, That they had considered thereof; and were of Opinion, that the same should pass, and be made Part of the said Bill.

And the said Proviso being thereupon twice read;

Resolved, upon the Question, That this House doth agree to the said Proviso: And that the same be added, and made Part of the said Bill.

And the said Bill, with the said Amendments and Proviso, being then read the Third time;

Resolved, That this House doth agree to the said Bill, with the said Amendments, and Proviso, annexed and made Part thereof: And that the same do pass: And that the same be returned to the Lords, with the said Amendments, and Proviso, to be added thereunto.

And Mr. William Coventry is to carry up the same; and to desire the Concurrence of the Lords to the said Amendments and Proviso.

Opening Stairs, &c. to the House.

Ordered, That it be recommended to Sir John Denham Knight of the Bath, his Majesty's Surveyor General of his Works, to take care in this Recess for opening of the Stairs now stopped up, which were formerly used for a Passage to this House, and to prepare a Place for the Clerk of this House, and his Assistant, to write in, and for the Custody of the Books and Records belonging to this House, and all such other Things as may conduce to the better accommodating of this House.

Bills from Lords.

A Message from the Lords, by Sir Justinian Lewen and Sir Toby Wolrich, Two of the Masters of the Chancery;

Mr. Speaker, The Lords have sent you a Bill, intituled, An Act for well-governing and regulating of Corporations; with some Alterations and Amendments therein, to which they desire the Concurrence of this House.

They have likewise sent you a Bill for preventing the unlawful Coursing, Hurting, or Killing of Deer.

Ditto.

A Message from the Lords, by Sir William Child and Sir Thomas Estcourt, Two of the Masters of the Chancery;

Mr. Speaker, The Lords have sent you a Bill for Paving, Repairing, and Amending the Streets and Highways of Westminster, and Parts adjacent: To which they desire the Concurrence of this House.

Corporations.

And the Amendments, sent from the Lords to the Bill for well-governing and regulating of Corporations, being then read;

The Question was put, That this House do adjourn till Three of the Clock this Afternoon.

The House divided.

The Yeas went forth.

So it passed in the Affirmative.

And the House accordingly adjourned till Three of the Clock in the Afternoon.

Post Meridiem.

Corporations.

THE House then resuming the Debate of the Amendments sent from the Lords to the Bill for wellgoverning and regulating of Corporations;

The First Amendment being 1 Skin, 12 Line, after "the," and before "and," put in "Lords;" the same being twice read; the same was, upon the Question, agreed unto.

And the Second Amendment being 13 Line, after the Word "all," leave out all the Words in the Bill to the Word "provided," in the 12 Line of the Second Skin after the Commissioners Names; and, instead thereof, put in "and every the Corporations of Cities, Towns, and Boroughs, Cinque Ports, and their Members, and other Port Towns in England and Wales, and of the Town of Berwick upon Tweed, shall, by the 24th Day of June, which shall be in the Year 1662, renew their several and respective Charters, or otherwise, that such of the said Charters as shall not, by the said 24th of June, be renewed, shall from thenceforth determine, and become utterly null and void, to all Intents and Purposes whatsoever. Provided always, That no Person or Persons whatsoever, who shall be employed by or in the Behalf of the said Corporations, or any of them, shall be compelled to pay more than the Moiety of the accustomed Fees formerly and usually paid in the several and respective Offices, through which the said Charters to be renewed must regularly pass, for the renewing thereof. And be it further Enacted, by the Authority aforesaid, That the King's Majesty, his Heirs, and Successors, shall, by virtue of this Act, for ever hereafter nominate and appoint their Recorders and Town Clerks, in the several and respective Corporations of the Cities, Towns, and Boroughs, Cinque Ports, and their Members, and other Port Towns in England and Wales, and in the Town of Berwick upon Tweed; and also that the Members of the said several Corporations shall yearly present, or cause to be presented, to the King's Majesty, his Heirs and Successors, the Names of Six such Persons as they shall respectively think fit to bear and execute the Office of Mayor, or other Head Officer or Officers, in their several and respective Corporations, Three Months before the accustomed Time of Election of such Mayor, or other Head Officer or Officers, in every the Corporations aforesaid; to the end, that the King's Majesty, his Heirs and Successors, may, within One Month next after the Presentation of the Names, as aforesaid, nominate or prick such of the said Six Persons who shall bear and execute the Office of Mayor, or other Head Officer or Officers, in the several and respective Corporations aforesaid; for the Year next ensuing: And if it shall so fall cut, that the King's Majesty, his Heirs or Successors shall not nominate or prick such of the said presented Persons within the Time aforesaid, then, and in such Case, it shall and may be lawful to and for the Members of any such Corporations to nominate and choose any of the said Six Persons to be their Mayor, or other Head Officer or Officers, for that Year, as by and amongst themselves shall be agreed upon. And in case any of the Mayors, or other Head Officers, of any of the Corporations aforesaid shall happen to depart this Life within the Year, that then it shall and may be lawful to and for the Members of any such Corporation to nominate and choose their Mayor, or other Head Officer or Officers, for the remaining Part of that Year. And be it further Enacted, by the Authority aforesaid, That all Justices of the Peace in the several Counties of the Kingdom of England, and Dominion of Wales, shall henceforth be Justices of the Peace, also, in all such Corporations of the Cities, Towns, Boroughs, and Cinque Ports, and their Members, and other Port Towns lying and being within the several and respective Counties wherein they are Justices of the Peace, which are not Counties within themselves, having and exercising the Jurisdiction of a County, distinct from that of the County or Counties wherein they are, or any of them do lie: And that for all such Cities, Towns, Boroughs, Cinque Ports, and their Members, and other Port Towns, which are Counties within themselves, the King's Majesty, his Heirs and Successors, shall from time to time nominate such and so many Justices of the Peace, as his Majesty, his Heirs and Successors, shall think fit. And be it further Enacted, by the Authority aforesaid, That as well the nominating of the Recorders and Town Clerks, as also of the Mayor, and other Chief Officers, for the several Cities, Towns, Boroughs, Cinque Ports, and other Members, and other Port Towns, in England and Wales, and the Town of Berwick upon Tweed, to be yearly made, as aforesaid; and also the Powers and Authorities, given to the Justices of the Peace, and the Nomination of Justices of the Peace, as aforesaid; shall be specified in the several and respective Charters to be renewed by the Corporations of Cities, Towns, Boroughs, Cinque Ports, and other Port Towns, and Town of Berwick upon Tweed, aforesaid."

And the Third Amendment, being Second Skin, after the Names, and 16 Line, leave out "by virtue of this Act, or is already lawfully placed;" and put in, instead thereof, "upon renewing of their Charters;"

The same being likewise read twice;

The Question being put, That this House doth agree to the said Amendments;

It was resolved in the Negative.

The Fourth Amendment, being 32 Line, the Clause beginning with the Word "provided," and ending with the Word "Defendants," in the 13 Line of the Third Skin, to be wholly left out;

The same being likewise twice read;

The Question was put, That this House doth agree to the said Amendments:

It was resolved in the Negative.

And the Fifth Amendment, being Third Skin, 22 Line, the Clause beginning with the Word "provided," to be left out to the End of the Bill;

The same being likewise twice read;

The Question was put, That this House doth agree to the said Amendments:

It was resolved in the Negative.

Conference desired with Lords.

Resolved, upon the Question, That the Lords be made acquainted, that this House hath agreed to the first, and disagreed to the rest, of the Amendments to the Bill for well-governing and regulating of Corporations: And that a Conference be desired with the Lords upon the Amendments whereunto this House hath so disagreed: And Mr. Solicitor General, Mr. Seymour, Mr. Waller, Mr. Henry Coventry, Mr. Clifford, Mr. Ashburnham, Sir Thomas Meres, Mr. Lowther, Serjeant Charlton, Sir Allan Apsley, Doctor Birkenhead, Mr. Churchill, Colonel Leg, Mr. Fane, Sir Thomas Fanshaw, and Mr. Vaughan, are to manage the said Conference.

Deer-killing.

And then this House took into Debate the Amendments sent from the Lords to the Bill for preventing the unlawful Coursing, Hurting, or Killing of Deer.

And the First Amendment, being 4 Line, leave out the first "and;" and, after the First "the," put in "Advice and Consent of the;"

The same Amendment, being twice read, was, upon the Question, agreed unto.

And the Second Amendment, being 9 Line, instead of the Words "inclosed for keeping of Deer," read, "where Deer are or have been usually kept;"

The same Amendment, being twice read, was, upon the Question, agreed to.

And the Third Amendment, being 24 Line, leave out "Poor of the Parish, where such Offence shall be committed;" and put in, instead thereof, "Owner of the Deer."

The said Amendment was likewise twice read; and, upon the Question, agreed unto. And

Ordered, That the Persons who are to desire a Conference with the Lords, upon the Bill for the well-governing and regulating of Corporations, do return the Bill for preventing the unlawful Coursing, Hurting, or Killing of Deer, to the Lords, with the Amendments; and do signify the Concurrence of this House to the said Amendments.

Westminster Streets.

A Bill, sent from the Lords, for Paving, Repairing, and Amending the Streets and Highways of Westminster, and Parts adjacent, was this Day read.

And this House observing, that the said Bill was to alter the Course of Law in Part, and to lay a Charge upon the People; and conceiving that it is a Privilege inherent to this House, that Bills of that Nature ought to be first considered here;

Ordered, That the said Bill be laid aside: And that the Lords be acquainted therewith, and with the Reasons inducing this House thereunto: And the Lords are to be desired, for that Cause, not to suffer any Mention of the said Bill to remain in the Journals of their House. And the Lords are further to be acquainted, that this House, finding the Matter of their Bill to be very useful, and of publick Concernment, have ordered a Bill of the like Nature to be prepared and brought in To-morrow Morning. And the same Persons who are to desire a Conference with the Lords upon the Amendments to the Bill for well-governing and regulating of Corporations, are to carry up this Message; and to put the Lords in mind of the Bill for the Uniformity of publick Prayers; and of the Bill for restoring of such Advowsons and Rectories appropriate to his Majesty's loyal Subjects, as were taken from them upon their Compositions by the late usurped Powers.

And the Knights for Middlesex, the Burgesses for Westminster, and Sir John Brampston, are desired to prepare and bring in a Bill To-morrow Morning, for the Repairing and Amending the Streets and Highways of Westminster, the Parts adjacent, and of Shorditch, Whitechapel, and Islington.

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