House of Commons Journal Volume 8: 16 April 1662

Mercurii, 16 Aprilis, 14 Car.

Prayers.

Wye, &c. Navigation.

AN ingrossed Bill for making navigable the Rivers Wye and Lugg, and the Rivers and Brooks running into the same, in the Counties of Hereford, Gloucester, and Monmouth, was this Day read the Third time.

Resolved, That the Word "Sir" be inserted before the Name William," and "Knight" after the Word "Sandis," in the first Place; and the Words "Sir," before the Word "William," throughout the Bill.

Resolved, That the Word "respectively" be inserted, after the Word "some."

Which Amendments were accordingly made at the Table; and agreed to.

Resolved, That the said Bill, with the Amendments agreed to, do pass: And that the Title shall be, an Act * * * *.

And the Lord Bruce is to carry up this Bill to the Lords.

Peck's Estate.

Amendments, sent from the Lords, to the Bill to enable Mr. Peck to make Sale of Lands to pay his Debts, were twice read.

Resolved, That this House doth agree to the said Amendments: And that the Bill be amended accordingly:

Nevil's Estate.

Amendments, sent from the Lords, to the Bill to enable the Trustees of Henry Nevill Esquire to sell certain Manors and Lands in the Counties of Yorke and Leicester, for Payment of his and his Son Wm. Nevill's Debts; and likewise to confirm and strengthen the Sale of such Lands as they have already sold in the County of Yorke; were twice read; and, upon the Question, severally agreed to.

Resolved, That the said Bill, with the Amendments agreed to, be returned to the Lords.

Northern Borders.

An ingrossed Bill for preventing of Theft and Rapine upon the Northern Borders of England, was this Day read the Third time.

Resolved, upon the Question, That the Sum of Two hundred Pounds be inserted into the Bill, as to the Charge upon the County of Cumberland, instead of One hundred and Fifty Pounds.

Which was done accordingly.

Resolved, That the Bill, so amended, do pass: And that the Title shall be, An Act * * * *.

And Sir Phillip Howard is to carry it up to the Lords.

Court of Wards.

Sir Allen Brodrick reports from the Committee appointed to examine what legal Offices of the late Court of Wards were established by the Statute; and to hear and examine the several Claims of the several Officers belonging to such Offices; and to report it to the House; and, withal, to present some Means, how they might have Recompence for their Places; That, upon Claim of the Lord John Berkley, for a Compensation for the Loss of the Office of the Mastership of the Court of Wards and Liveries, it appeared to the Committee, That the Lord Berkley had a Warrant, dated 3 Maii 1650, in the Second Year of the Reign of his Majesty that now is, for the said Office: And the Opinion of the Committee, That the Sum of Five thousand Pounds be a fit Compensation to the said Lord Berkley, for the Loss of his said Office.

He further reports, That, upon Reading of the Petition of Sir Wm. Fleetwood, Receiver of the Court of Wards, Mr. Street reported the Opinion of a Committee, 14 Julii 1660, to whom the then House of Commons referred the Consideration of these Officers, That the annual Value of the Receiver General's Office was Fifteen hundred Pounds per Annum, above Reprises; and believed Two thousand Pounds a sufficient Compensation, because Charles Fleetwood, Brother of Sir Wm. Fleetwood, pretending formerly to the same, had received Two thousand Pounds; Sir William being then in his late Majesty's Service at Oxon; the Opinion of the Committee, That Sir Wm. Fleetwood was Receiver General of the Court of Wards and Liveries, being an Officer within the Statute; and that he ought to have Recompence; no Part of the said Two thousand Pounds being paid to him by his Brother Charles Fleetwood: And that Four thousand Pounds be a fit Recompence for Sir William Fleetwood.

He further reports the Opinion of the Committee, That Four thousand Pounds be a fit Recompence for the Two Auditors Places of the Court of Wards, when the Claim of Mr. John and Mr. Robert Heath, against Sir Charles Maynard shall be adjudged; the said John and Robert having proved to the Committee, That, upon the King's Proclamation for removing that Court to Oxon, an Inquisition, upon a Commission out of Chancery, did find the Auditors Maynard and Tooke absent: Whereupon his Majesty, by his Letters Patents, granted the said Offices to John and Robert Heath; who were sworn, and executed the Places accordingly, till the Rendition of Oxford.

He also reports the Opinion of the Committee, That Fifteen hundred Pounds be a fit Recompence to Sir Edw. Savage, for the Reversion of the Surveyor's Office, granted him by King Charles the First, after the Death of Sir Benjamin Rudyard; who is since dead.

He further reports, That, upon reading of the Petition of John Trethewy, Feodary of Cornwall, Mr. Street reported, That the Committee of the House of Commons, 14 Julii 1660, rejected the Petition, and all of the like Kind; viz. all other Feodaries, Receivers, and Surveyors, for Counties, who were removeable at the Discretion of the Court; the Opinion of the Committee, That this be specially reported to the House; and the House be desired, . . . . whether these particular Receivers, Feodaries, and Surveyors for Counties, removeable at the Discretion of the Court, were, within their Intention, to receive Recompence for their respective Places: And, in case they are allowed, by the House, to be within their Order directed to this Committee; and the Opinion of the Committee, That Three hundred Pounds be a fit Recompence for the said Mr. John Trethewy.

Court of Wards.

He further reports, That, upon the Petition of William Cooke Esquire, and Henry Earl of St. Albans; it appearing, that William Cook was Clerk of the Liveries, in Possession; the Earl of St. Albans, in Reversion, after the Death, Forfeiture, or Surrender of the said William Cooke; the Opinion of the Committee, That Two thousand Pounds be a fit Recompence to Mr. Cooke: And that One thousand Pounds be a fit Recompence to the Earl of St. Albans.

He further reports, That George Fane produced his Grant of the Two Clerks Places of this Court, in Reversion, after Audley and Chamberlaine. Mr. Street reported, That the former Committee thought Eight thousand Pounds a fit Compensation for Mr. Fane: But it appearing, that Chamberlaine was debt since July 14, 1660, at which Time this Recompence was allotted; and that Audley is very old; the Opinion of the Committee was, That Ten thousand Pounds be a fit Compensation to Mr. Fane.

He also reports, That, upon reading of the Petition of Mr. Darnell and Mr. Wilson; and it appearing to the Committee, that they were Attornies of the Court; the Opinion of the Committee, That One thousand Pounds be a fit Recompence for Mr. Darnell, and One thousand Pounds for Mr. Wilson.

He further reports, That, upon reading the Petition of Tho. Hauchet, Usher of the Court of Wards and Liveries, and the proving himself to have been in Possession; and proving the Value of the Place; the Opinion of the Committee, That One thousand Pounds be a fit Recompence for Mr. Hauchett.

He further reports, That, upon reading the Petition of Edw. Wilkinson, Messenger of the Court, his Title and the Value proved, the Opinion of the Committee, That Seven hundred and Fifty Pounds be a fit Recompence for Mr. Wilkinson.

And he also reports, That Sir John Nicholas produced his Patent, bearing Date October 24, Ann. 21 Car. I i; whereby the Office of Receiver General of the Court of Wards and Liveries is granted him, after the Death, Forfeiture, or Surrender of Sir Wm. Fleetwood; the Opinion of the Committee, That Fifteen hundred Pounds be a fit Recompence for Sir John Nicholas.

The Question being put, To agree with the Committee, that the Sum of Five thousand Pounds be a fit Compensation to the Lord Berkley, for the Loss of his Office;

It passed in the Negative.

The Question being put, That Four thousand Pounds was a fit Recompence for Sir William Fleetwood to have, for the Loss of his Office of Receiver of the late Court of Wards and Liveries;

It was resolved in the Affirmative.

The Question being put, To agree with the Committee to that Part of their Vote, That Four thousand Pounds was a fit Recompence for the Two Auditors Places of the Court of Wards;

It was resolved in the Affirmative.

The Question being put, To agree with the Committee, That Fifteen hundred Pounds was a fit Recompence for to be allowed Sir Edw. Savage, for the Reversion of the Surveyor's Office, granted him by King Charles the First, after the Death of Sir Benjamin Rudyard;

The House was divided.

The Noes went out.

So it passed in the Negative.

The further Consideration of the said Report was laid aside.

Conference desired with Lords.

Ordered, That Sir Robert Howard do go up to the Lords, to desire a Conference, as to the Proviso concerning Exeter House, by them sent down, to the Bill for repairing the Streets and Highways in and near the Cities of London and Westminster, and Parts adjacent.

Book of Common Prayer.

Mr. Vaughan reports from the Committee appointed to compare the Books of Common Prayer, sent down from the Lords, with the Book sent up from this House; and to see whether they differ in any thing besides the Amendments sent from the Lords, and already read in this House, and wherein; That the said Committee had met Yesterday, and sat till Eight at Night; and had met early this Morning, and taken great Care and Pains in comparing and examining the said Books * * * *.

Resolved, That the Thanks of this House be returned to the said Committee, for their great Care and Pains in comparing and examining the Book of Common Prayer, according to the Order and Direction of this House.

And Mr. Speaker did return them the Thanks of the House accordingly.

Uniformity of Worship.

The House then resumed the Debate upon the Amendments, sent down from the Lords, to the Bill of Uniformity.

And the Seventh Amendment, at the Twenty-fourth Line of the Bill, being again read;

Resolved, upon the Question, That this House doth disagree to these Words, in the Twenty-fifth Line of the said Amendment, "and Tenderness of some Mens Consciences;" and doth think fit, that the Word "have" be made "hath."

The Question being propounded, Whether Debate shall be admitted to the Amendments made by the Convocation in the Book of Common Prayer, and sent down by the Lords to this House:

And the Question being put, Whether that Question shall be now put;

It was resolved in the Affirmative.

And the main Question being put, Whether Debate shall be admitted to the Amendments made by the Convocation in the Book of Common Prayer, and sent down by the Lords to this House;

The House was divided.

The Noes went out.

And so it passed in the Negative.

The Question being put, That the Amendments made by the Convocation, and sent down by the Lords to this House, might, by the Order of this House, have been debated;

It was resolved in the Affirmative.

The Question being put, To agree to the said Seventh Amendment, sent down from the Lords, at the Twenty-fourth Line in the Bill of Uniformity, with the Alteration made by this House, and before expressed;

It was resolved in the Affirmative.

Ordered, That this House do proceed, To-morrow Morning, to the further Consideration of the Residue of the Amendments, sent down from the Lords, to the Bill of Uniformity.

Intestates.

A Bill for settling the Estates of such as died intestate, was this Day read the First time.

Ordered, That this Bill be read the Second time.

Committees.

Ordered, That all Committees which should have sat this Afternoon be adjourned; and do sit To-morrow in the Afternoon.

And then the House adjourned till To-morrow Morning, Eight of the Clock.