Thursday, June 4, 1657. (fn. 1)
A Bill for Lord Moore, of Drogheda, ("to sell part of his
lands,") was read the second time, and, after half-an-hour's
debate, was committed; the Committee to meet to-morrow
afternoon at two o'clock, in the Inner Court of Wards.
Sir Edward Rhodes reported from the Committee, touching
Captain Lister and Serjeant Maynard, (fn. 2) and was going on.
Colonel Jones stood up, and said, this is a business (as I am
informed) that will hold two days. Your time will not afford
it; 1 move that not only this, but all other reports, except
those of public consequence, be excluded.
Major-General Disbrowe. I second this motion. It is our
life and being to perfect the Petition and Advice. The soldiery are two months' pay behind. I desire nothing else to
Mr. Fowell. This is to destroy divers settlements, for
privy uses, made by Serjeant Maynard, in order to a trust in
him reposed. This is a great business, and will hold three or
four days' debate. So the debate was waved.
Mr. Speaker acquainted the House that he had a letter to
communicate from his Highness to the House, which he moved might be read, and it was read accordingly. It was to
confirm an order of his Highness and the council, touching
some arrears to Colonel Benson's regiment, &c.
Mr. Bond. First take care for the standing army, who
are three months in arrear. You have here four Bills for
monies, which will hold you all your time. I desire not to sit
beyond the time appointed; and if you will go on with private business, and leave the public, you may sit by. yourself.
Hereupon the debate was put off upon the letter also, and
Colonel Shapcott reported the additions to the Petition
and Advice from the Committee to prepare the same, which
was read. He was going to read two Bills more, as a Report
from the Committee, in order to explanations of the same.
Mr. Speaker. That gentleman, the reporter, has taken
more pains than he needed; for these being Bills reported
from a Committee, he needed not read them.
The Petition and Advice additional was read accordingly.
Major-General Jephson. I move that you would take this
in paragraphs, as you did the other; and that Mr. Speaker
needed not to open it.
Major-General Disbrowe. Go on with the Money Bills,
and appoint another day for reading this.
Colonel White. Go on with the business of Assessments,
and let this alone till next sessions, that you may care for the
distribution of your members.
Sir Christopher Pack. Go on with this first. The people
expect to have your Petition and Advice published. Though
monies be necessary, yet this is of more consequence.
Mr. Fowell. Bead the other Bills, in order to those explanations, and then appoint a day to take both into debate.
The Bill for the better choosing of persons into places of
trust was also read accordingly; and both appointed to be
read the second time on Monday morning next.
Colonel Jones moved to have them read to-morrow morning; and others moved for Saturday: but resolved ut supra.
The Bill for the Three Months' Assessment upon England (fn. 3)
was read the third time.
Captain Whitgrave offered a proviso, that no lands should
be doubly charged; but in that county only where the
Colonel Cox. I doubt this proviso will not effect the work
you intend. I have known lands pay in both counties, the
very same lands. Unless the commissioners have special
charge to meet about it, there will be great differences, in
which county the lands lie. Your commanders of the army
have been much troubled about it.
Captain Baynes moved for additional words to this proviso; viz. "until they shall be otherwise determined by law."
Major-General Kelsey. Lay this aside, for you have not
time to determine this business.
Mr. Godfrey. This will rather breed new controversy; for
it seems they shall pay where they ever paid. Now, if the
lands have ever paid to both counties, they shall ever pay it.
It establishes rather than redresses.
Major Morgan. This may obviate some of the evils, if it
cannot meet with all inconveniences. Haply, the gentleman
that brought it in, knows it will do his work for his county.
Mr. Bampfield offered the addition of a name, viz. Mr.
Francis Harvey, who was left out in the very place for which
he was returned, viz. the town of Northampton; and he was
Mr. Speaker. I hope you will not make this a precedent,
to fall to adding or altering names. You are in till the 24th
The Clerk acquainted the House that Mr. Francis Harvey
was in already.
Mr. Speaker. We had not time to do double work. It
seems he was named in the county by Mr. Bampfield: though
he was in the county he was left out in the town. Upon
examination, it was found that Northampton was not a town
and county, and Mr. Harvey said he was not; and thereupon
the Speaker and Mr. Scobel (fn. 4) desire your directions.
Some cried, put him out.
Mr. Bampfield stood up and craved pardon; for it was
put into his hands, and he knew not but Northampton town
was distinct from the county.
After some debate, it was thought fit to let the vote stand,
though the gentleman was twice made.
Colonel White offered a proviso, that in case the way of
the Exchequer prove tedious and inconvenient, then it may
be lawful for his Highness to direct the same way for levying
thereof, as was before for the monthly assessments.
The proviso Was twice read.
Mr. Fowell moved, that this proviso may be laid aside;
for it takes away the whole Bill, and utterly alters the course
of levying it.
Major-General Disbrowe. Without this, there will be a
whole failure in the business; for no man will undertake to
be your collector. He shall haply hang here for seven years,
attending for his discharge in the Exchequer, and his posterity liable. Haply, he shall stand charged with 2000l. and
not get above 40s. by it.
Mr. Godfrey. This proviso is a dangerous precedent, to
put it in the power of any without doors to direct the managing, levying, and paying it.
Mr. Bampfield seconded that motion.
Colonel Sydenham. By the course of the Exchequer you
cannot, in a year's time, get in any fruits of it.
Major-General Whalley and Major-General Goffe. There
is no danger in putting it in the power of his Highness to
levy this, while you prescribe former Acts and Ordinances for
The question being put that this proviso be part of the
Mr. Speaker declared for the Yeas, Mr. Godfrey for the
The House was dividing, and Tellers appointed, and the
Yeas to go out, but Mr. Godfrey stood up, and said he would
not insist upon it.
Mr. Waller and Mr. Maidstone were appointed tellers for
the Yeas; and we yielded to them.
Colonel Sydenham offered four additional names for Salisbury, there being but four obscure persons appointed for that
The persons added were, the Mayor for the time being,
William Stone, James Hely, and Humphrey Ditton, and it
was resolved that they be added.
The Bill so amended was passed into a law, Mr. Bampfield
and Mr. Godfrey Noes, only.
Major-General Disbrowe. Appoint a Committee to attend
his Highness, to know when he will be waited on for his consent to this Bill.
Mr. Bampfield. At the time of passing Bills for monies,
always other Bills went along. Therefore I move that all that
are passed may go along.
After some debate, it was agreed on that all pass.
Resolved, that a Committee be appointed to attend his
Colonel Gorges moved to put off the trial of Colonel Cook,
which is to be to-morrow, and your Committee have a Report
ready, if you please to hear it, that will give you good grounds
to stop it.
Mr. Speaker. I move, that you would give the party costs
if you put off the trial, which is usual in all courts.
Sir William Roberts. You have put off one trial, which
has caused a great clamour in Westminster Hall, that is Sir
Sackville Crow's; (fn. 5) desires you would be wary.
Colonel Carter. The Protector is plaintiff. I would have
it considered how you can put it off.
Colonel Shapcott, Mr. Fowell, and Mr. Westlake moved
to stop the trial. His Highness is not plaintiff, for there
are private persons concerned, as purchasers.
Major-General Whalley. Whoever be plaintiff, justice and
right to all do equally concern you. I move, that you would
stay proceedings, and defendant pay costs.
Mr. Speaker. I have some cause to know that his Highness draws the charge of the suit. I know not who is plaintiff. I shall put it by way of blank. It seems the Treasurers are plaintiffs.
Mr. Lister. I look upon this place as the great court of
the nation. You are to be a rule and example to all other
courts. The parties are come out of the country, and the
trial may be equal enough. I desire you would rise at this
time, and not stop proceedings.
Mr. Lloyd, Alderman Foot, and Sir Christopher Pack. Stop
proceedings at law. You are called out on greatly for
Mr. Scobell acquainted the House that he could not sign
a blank warrant.
Mr. Speaker. I have known such warrants filled up before signing, and you are going to direct the plaintiff, and
all, to move against my Lord Protector.
The question being put to stop proceedings,
Mr. Speaker declared for the Yeas, Mr. Cobb for the Noes.
The House was divided; the Noes went out and were 40,
Yeas 29. So it passed in the negative.
Mr. Speaker (according to Major Wagstaffe's motion) put
the House in mind that the preacher ought to have the thanks
of the House for the good sermon he made the Sunday,
and it was ordered accordingly, and Major-General Goffe
and Colonel Carter to give, him thanks.
In the afternoon sat the Grand Committee upon the Bill
for Excise, (Mr. Fowell in the chair) and passed all the Bill,
save a clause about the powers, which was referred to a SubCommittee, and the debate went strongly to put it in the
power of Justices of the Peace to determine all differences,
fines, penalties, and forfeitures between the parties paying,
and the Sub-Committee, and farmers of the Excise in the