House of Commons Journal Volume 8: 10 July 1663

Die Veneris, 10 Julii, 15° Regis Car. IIdi.

Prayers.

Leave of Absence.

ORDERED, That Sir William Gaudy have the Leave of this House to go into the Country.

Privilege.

Upon Information, That one John Peire had caused Declarations, in Actions of Ejectment, to be delivered to John Booth and Walter Prees, Tenants of Sir Abraham Cullen, a Member of this House, to try the Title of the Manor of Letten in the County of Hereford, of which Sir Abraham Cullen is Owner, and in Possession, in Breach of the Privilege of this House, and intends to proceed to Judgment against the casual Ejector, although his Attorney had Notice, that the Title doth concern Sir Abraham Cullen;

Ordered, That all Proceedings in the said Suit brought by the said John Petre, against the Tenants of Sir Abraham Cullen, a Member of this House, to try the Title of the Manor of Letten, or Lands thereunto belonging, be stayed during the Session of this present Parliament.

Regulating the Press.

An additional Bill for the better regulating the Press was read the First time.

Resolved, &c. That this Bill be read the Second time on Monday next.

Loyalist Officers.

An ingrossed Bill to explain and supply a former Act for Distribution of Sixty thousand Pounds amongst the truly loyal and indigent Commission Officers; and for assessing Offices, and distributing the Monies thereby raised, for their further Supply.

A Proviso, on the Behalf of some Colonels, and other loyal Officers, that were absent beyond the Seas, and could not bring in their Certificates in time, was read.

Ordered, That the Name of Edward Moulsworth, Colonel of Foot, be inserted into the Proviso.

Which was done; and the Proviso read the Second time; and agreed to.

Resolved, &c. That the said Proviso be made Part of the Bill.

The Question being put, That the Number of a Regiment of Horse shall consist only of One hundred and Fifty;

It was resolved in the Affirmative: And that the Bill be so amended.

Which was done.

Resolved, &c. That "Thirty" be inserted, instead of "Forty," for the Number of a Company of Foot.

Which was done accordingly.

Ordered, That the Lord Bruce, Colonel Strangwayes, Mr. Milward, Sir John Birkinhead, Sir Wm. Compton, and Sir Tho. Meres, do withdraw; and pen a Clause and Proviso, to continue a Time for the Inspection, and limit a Time for Payment of the Money.

Message to Lords.

Ordered, That Sir Francis Goodrick do carry up the Order for a Day of Humiliation, to the Lords; and do put them in mind of the Two Bills depending before them, to prevent the Growth of Popery, and the Meetings of Sectaries and Non-conformists; and desire that they would expedite those Bills.

Bills sent to Lords.

Ordered, That Sir George Downing do carry up the Bill concerning Fishery, to the Lords, for their Concurrence; and do return the Bill for the Bishop of Winchester; the Bill for Observation of the Lord's Day; and the Bill for Witney School.

Damage Cleere.

The ingrossed Bill for taking away Damage Cleere was read; and debated.

The Question being put, That "1663" do stand in the Bill;

The House was divided.

The Yeas went out.

And so it passed in the Negative.

The Question being propounded, That "1655" be inserted into the Bill;

The Question being put, That this Question be now put;

It was resolved in the Affirmative.

And the main Question being put, That these Words, "1665," be inserted into the Bill;

The House was divided.

The Yeas went out.

And so it was resolved in the Affirmative.

And the Words "1665" were accordingly inserted.

Resolved, &c. That these Words "and that the aforesaid Fee of Damage Cleere, until the said First Day of August 1665, shall be received from the Defendants only," be added at the End of the Bill.

Which was done accordingly.

Resolved, &c. That the said Bill do pass: And that the Title shall be, An Act for the Taking away of Damage Cleere.

And the Lord Ancram is to carry it up to the Lords.

Loyalist Officers.

Mr. Milward reports from the Committee to which it was referred to prepare and bring in a Clause and Proviso, to be added to the Bill concerning the indigent loyal Officers, That they had agreed the same: Which he delivered in at the Clerk's Table.

And the same being twice read;

Resolved, &c. That the Clause and Proviso be added, and made Part of the Bill.

Some other Amendments were, upon the Question, agreed to be made to the Bill: And were accordingly made at the Table.

The Question being put, That the Bill, with the Clauses and Amendments agreed, do pass;

It was resolved in the Affirmative.

Resolved, &c. That the Title shall be, An Act to explain and supply a former Act for Distribution of Sixty thousand Pounds amongst the truly loyal and indigent Commission Officers; and for Assessing of Offices, and distributing the Monies thereby raised for their further Supply.

Lyndsey Level.

Ordered, That Mr. Yorke and Mr. Rigby be added to the Committee appointed to pen a Clause to be added to the Bill for Lyndsey Level.

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

Post Meridiem.

Supply Bill.

THE House did proceed to the Reading of the rest of the Lists of the Commissioners for the Subsidies for the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed.

And the several Lists were twice read; and, upon the Question, severally agreed to.

The House did then resolve into a Committee of the whole House, to proceed in the further Consideration of the Bill of Subsidies.

Mr. Speaker left the Chair.

Mr. Pryn took the Chair of the Committee.

Mr. Pryn reports from the Committee of the whole House, That the Committee had gone through the Bill, and made several Amendments thereto; and desired the House would appoint a Time for the Report to be made.

Resolved, &c. That this House will, To-morrow Morning at Nine of the Clock, hear the Report of the Committee of the whole House, upon the Bill of Subsidies.

Judicial Proceedings.

Sir Thomas Meres reports, from the Committee appointed to inspect the Act for the Confirmation of Judicial Proceedings, and other publick Acts, That the Committee had searched the Journals of the then pretended House of Commons, in the Year 1649; and, upon the Two-and-twentieth of June in that Year, they find in hæc verba; viz.

"Die Mercurii, 23 Maii, 1649."

"Ordered, That it be referred to the same Committee, to consider likewise of Cases of Alimony; and report their Opinion to the House with Speed.

Die Veneris, 25 Junii, 1649."

"Lieutenant General Cromwell reports from the Committee of Complaints, touching Mrs. Anne Bodvile:" "Be it Enacted, and by this present Parliament, and the Authority thereof, That the Lords Commissioners for the Great Seal of England, for the Time being, be enabled and authorized to hear and determine all such Cases as shall, at any time hereafter, be brought or come before them, by Petition or Bill touching Alimony; and to make such Provision of Maintenance, in all and every such Cases, as they shall find just and agreeable to Equity and good Conscience, upon Consideration, as well of the Portion or Estate, that hath been paid, or come to the Husband by such Wife as shall so pray Relief by herself, or her Friends, as other Matters of Equity; and to make Decrees; and take an effectual Course for Payment thereof, accordingly, out of the Estate of such Husband."

And that they searched the Index for a whole Year after; and did not find any Second Mention made of any thing concerning Alimony: And find the said Order began in the Form of their pretended Acts; but no where in their Journals mentioned to be read; nor a Vote, or Consent of the then pretended House of Commons passed thereupon: And that other Bills, which passed as Acts of those Times, were read a First and Second time; and passed into Acts: That the said pretended Order about Alimony had none of the aforesaid Formalities requisite and usual in passing Bills.

And further reports, That the Committee were of Opinion, That the Act for Confirmation of Judicial Proceedings doth not comprehend the Order concerning Alimony (which Order is all which they can find passed in those Times, as a pretended Act for Alimony): And that consequently all Judgments, Decrees, and Pretences, grounded upon the said Order for Alimony, by the then Commissioners for the Great Seal, are void, and of no Effect.

He also further reports the Opinion of the Committee, That, in case the said Order for Alimony had had the Formalities of an Act or Ordinance of those Times, or had been effectually a pretended Act or Ordinance of Parliament of those Times; yet the Decrees thereupon grounded ought to have been subject to Bills of Review, as any other Decrees, according to the Course and Usage of the Court of Chancery, by virtue of the Proviso for Writs of Error, and Bills of Review, in the Act for Confirmation of judicial Proceedings.

The Question being put, To agree with the Committee in the first Resolve by them reported;

It was resolved in the Affirmative.

The Question being put, To agree with the Committee, in the Second Resolve of the Committee;

It was resolved in the Affirmative.

Ordered, That Leave be given in the Case of Mr. Broome Whorwood, to bring in a Bill to indemnify him, and make void the Decree of Alimony against him.

Excise.

Resolved, &c. That the Report of the additional Bill concerning the Duty of Excise, be heard To-morrow Morning.

Act of Navigation.

A Petition of the Merchant Adventurers, within the City and County of Exon, being this Day read, and debated; and several other Complaints being made of the Violation of the Act for Navigation, to the great Grievance of the Merchants, and Prejudice to Trade;

Resolved, That his Majesty be humbly desired to issue forth his Proclamation for the punctual and effectual Execution and Observance of the Act of Navigation, without any Dispensation or Contrivance whatsoever, whereby the Act may be in the least violated; and to recall such Dispensations as are already granted (if any be); and also to issue his Orders and Instructions to the Officers of the Customs, for the strict Performance of the said Act.

And Sir John Fredericke, Sir George Downing, Mr. Walker, Mr. Clifford, Mr. Jones, Colonel Strangwayes, and Sir Phillip Warwicke, or any Three of them, are hereby appointed to attend his Majesty with this Address.

The House adjourns till To-morrow Morning, at Eight a Clock.