Journal of the House of Commons: Volume 8, 1660-1667. Originally published by His Majesty's Stationery Office, London, 1802.
This free content was digitised by double rekeying. All rights reserved.
Wednesday, August 15th, 1660.
A BILL for Naturalizing of Nicholas Oudart Esquire, Barbara his Daughter, and others, was this Day read the Second time; and, upon the Question; committed to the Committee to whom the former Bill for Naturalization was referred; and that Mr. Knightley, Mr. Mountague, Sir Wm. Wheeler, Sir John Evelyn, Mr. Gilbert Gerrard, Sir Capell Luckin, Mr. Thomas, Sir George Reeves, be added to that Committee: And they are to meet on Friday next, in the Afternoon.
Colchester Bay Trade.
Mr. Shaw reports a Bill for settling the Governors of the Dutch Bay Hall in Colchester, to exercise the free Trade of making Bays, Says, and other foreign Draperies: Which was this Day read the First time.
That his Majesty be desired forthwith to issue a Proclamation against the Transporting and Conveying any Sort of Wool, Wool-fells, and all Yarn made of Wool, Fullers Earth, and all other scouring Earth whatsoever, out of England, Wales, or the Town of Berwick, into Scotland, or into any foreign Parts out of England; and to give Order to the Customers and Officers of the several Ports, and other Officers, to take special Care therein; and also that Care be taken, that no more of the said Commodities be sent to Garnsey and Jarsey, than what is necessary for the Use and Manufactures of those Islands; and that the Persons shipping the same thither, do give good Security for the Landing the same there: And that all Governors, and other Officers, upon the said Islands, be required to take special Care, that what shall be so landed be not re-shipped thence into any foreign Parts; and, for the better regulating of what shall be permitted to be transported to those Islands, that the same shall be shipped thither from two or three Ports of England only: And also
That another Proclamation issue in Ireland, for the speedy putting in Execution all the Laws and Statutes made against the Transporting of Wool out of Ireland into the Islands of Garnesey and Jersey, or into Scotland, or any other Parts, except into England only.
Ordered, That his Majesty be humbly desired forthwith to issue his Proclamation against the Transporting and Conveying any Sort of Wool, Wool-fells, and all Yarn made of Wool, Fullers Earth, and all other scowering Earth whatsoever, out of England, Wales, or the Town of Berwick, into Scotland, or into foreign Parts out of England; and to give Order to the Customers and Officers of the several Ports, and other Officers, to take especial Care therein; as also that Care be taken, that no more of the said Commodities be sent to Guernesey or Jersey, than what is necessary for the Use and Manufactures of those Islands; and that the Persons shipping the same thither, do give good Security for the Landing the same there: And that all Governors and other Officers, upon the said Islands, be required to take special Care, that what shall be so landed be not reshipped thence into any foreign Parts: And, for the better regulating what shall be permitted to be transported to those Islands, that the same shall be shipped thither from two or three Ports of England only: And also that his Majesty will be pleased to issue another Proclamation in Ireland, for the speedy putting in Execution all the Laws and Statutes made against the Transporting of Wool out of Ireland into the Islands of Guernsey and Jersey, or into Scotland, or any other Parts, except into England only:
Ordered, That the Committee for Encouragement and Regulating the Manufacture of Wool, and Navigation, do, with all possible Speed, bring in a Bill for restraining the Exportation of Wool, Wool-fells, woollen Yarn, Fullers Earth, and all other scowering Earth: And Sir Anthony Irby, Serjeant Hales, Col. Morley, Serjeant Maynard, Mr. Pryn, are added to the said Committee.
Sir Henage Finch reports a Bill for continuing the Excise till the Five-and-twentieth of December 1660: Which was this Day read the First and Second time; and, upon the Question, committed to the Committee that brought in the other Bill for the Excise, where Colonel Birch hath the Chair: Who are to report the same To-morrow Morning: And Colonel Birch is to take care herein.
Resolved, That Captain Edward Wingate be, and is hereby, constituted and appointed one of the Commissioners of the Excise, in the Place of Alderman Atkin: And that Alderman Atkin be, and is hereby, discharged from that Employment.
Conference with Lords-Poll Bill.
Mr. Hollis reports the Substance of the Conference desired by the Lords Yesterday; being, in Effect, as followeth: "That it was only concerning the Poll Bill; wherein the Lords offered some Considerations of theirs, to which we thought we had no Power to make a Reply. The Lord Chancellor began, and told us, the Lords desired this Conference, in order to the passing of the Poll Bill; and that some Lords were appointed to acquaint us with the Particulars their Lordships had under Consideration, which he left to them to communicate."
The Lord Mohun began, and said, he was to offer something concerning the Clause about double Payments by Popish Recusants, and such as refuse the Oaths of Supremacy and Allegiance; which Oaths, he said, were settled by Parliament, both as to the Persons to whom they are to be administered, and the Persons to administer them: And to alter the Law on a sudden, specially since the same trenches on the Privileges of the Peers, their Lordships could not agree to it. He added, that the Persons who are by that Clause to take the said Oaths, were of Two Sorts; one, those who were of the same Religion with us, and differ only in Circumstances; as, particularly, scrupling Oaths; and to make that Distinction now, their Lordships thought it might occasion Trouble, and thwart the Bill of Indemnity, when it is the Care and Endeavour of both Houses to unite all: For the Popish Recusants, he said, they were by Law liable to pay Two-thirds of their Estates; and now, to charge the remaining One-third with a double Payment, it might amount to a Sixth Part of that; which is more than the Laws require; and so is not reasonable to be imposed."
Then my Lord Finch told us, "He was to move something concerning a Clause, in which a former Alteration was offered by their Lordships, about the naming of Commissioners for the Cinque Ports; which, he said, were Towns in Two Counties, Kent and Sussex; and have a peculiar Jurisdiction among themselves, the Counties not having to do with them, nor they with the Counties at large; and that the Alteration desired by their Lordships was more in Circumstance than in Substance, being only to authorize Commissioners within the said Ports, for that they had appropriate Jurisdictions of their own; and therefore their Lordships hoped this House would agree to the Alterations, being now sent in Paper, as they were before in Parchment."
After him, the Lord Roberts told us, "That, what he was to offer, he was assured this House would agree: For that, as to the Lords to name Commissioners in this Bill, they had done it in the late Bill of Assessments for Seventy thousand Pounds by the Month; and in the former Poll; and then there was no Question made; and therefore the Lords hope it will not be questioned now: Which Names they have sent down in Paper as they were formerly sent in Parchment; the same relating to the County of Cornewall."
Then my Lord Wharton said, "The last Proviso annexed by the Lords to the Bill, was, for the Assessing of the Peers; and, if that should be omitted, the Peers might be assessed by the Commoners, which is against the Liberty and Privilege of the Peers; and therefore they had sent down the Names of some Peers, in Paper, to be inserted in that Proviso."
And, when that was done, the Lord Finch stood up again; and said, "He had omitted one Thing, for the adding, to one Clause, these Words, "Except they be Peers of the Realm; which were misplaced in the Amendments formerly sent down, but are now put in their proper Places."
Another Amendment, in the 25th Skin, 20th Line, viz. for inserting, after the Word "County," and before the Word "there," these Words, viz. "Except they be Peers of this Realm," was read; and, upon the Question, agreed unto.
Resolved, That this House doth agree with what's reported from the Lords, as to the Commissioners by them named, for assessing such of the Peers as shall be assessed higher than according to his or their Ranks or Degree, particularly expressed in this Act.
Ordered, That it be referred to a Committee to prepare, and report to the House, To-morrow Morning, a Salvo, upon the present Debate touching the Privilege of this House only, to name the Commissioners in Bills that charge the People; to the Intent the same may be entered in the Journal of this House, for the asserting of the Rights of this House; viz. to Mr. Hollis, Sir Henage Finch, Sir Edward Turner, Mr. Bampfeild, Sir John Northcot, Mr. Pryn, Serj. Hales, Mr. Secretary Morris, Mr. Annesley, Sir Tho. Widdrington, Col. King, Sir Solomon Swale, Mr. Chafe, or any Three of them.
The Clause beginning in the 3d Skin, 54th Line, with these Words, "And be it further enacted," and ending in the 4th Skin, 6th Line, wth these Words, "by virtue "of this Act," concerning the paying double Rates, by Popish Recusants, &c. was read:
Pardon and Oblivion.
Ordered, That Mr. Pryn do carry the Bill for Poll Money to the Lords, To-morrow Morning; and acquaint them, that this House hath agreed to all the Amendments, excepting only to the Commissioners named for the County of Cornewall.
Wool and Fullers Earth.
Sir George Downing reports, that he carried to the Lords the Order to desire his Majesty to issue Proclamations against transporting Wool, Wool-fells, and Fullers-earth; and that the Lords do agree, and will acquaint his Majesty therewith.
Leave of Absence.
Leave of Absence.
Maimed Soldiers, &c.
Resolved, That the Lords Concurrence be desired to the former Order of this House, of the 26th of May 1660, for charging Two thousand Pounds, upon the Three Months Assessments, commencing the 24th of June 1660, for Relief of the maimed Soldiers, Widows, and Orphans of the Savoy, and Ely House.
Ordered, That Sir Gilbert Gerrard, a Member of this House, be desired, and authorized, to receive the said Two thousand Pounds, for the Use aforesaid; to be by him issued to such Persons, and in such Proportions, as shall be agreed, and directed, by the Committee of the House of Commons to whom the Business of the said Hospitals is referred: And that Sir Thomas Player Knight, Receiver General of the said Three Months Assessments, be, and hereby is, authorized to pay the same accordingly.
Ordered, That it be recommended to the said Receiver General to advance, or procure to be advanced, the said Two thousand Pounds, forthwith, for the present Relief of the Persons to whom it is designed; and to repay the same in Course, out of the said Assessments, as they shall come in: In which Case, he is authorized to allow to himself, or such as shall advance the same, Interest at Six Pounds per Cent. for the time it shall remain unpaid:
Ordered, That the Committee to whom the Business of the Hospitals of the Savoy, and Ely House, is referred, do, in the Distribution of the Two thousand Pounds among the Pensioners there, take the best Care they can, that upon the Parties receiving the Proportions assigned them, . . be sent home to the several Places where they last dwelt.
Conference desired with Lords.
Ordered, That the Lords be desired to grant a free Conference with this House, To-morrow in the Forenoon, upon the Subject Matter of the last Conference; and that Mr. Pryn do go to the Lords, to desire a Conference, accordingly.
Ordered, That the said Committee do, at the Conference with the Lords, represent to their Lordships, that though, in regard of the pressing Occasions of dispatching the Poll Bill, to supply the present Exigencies of the Kingdom, for paying of the Army and Navy, this House hath been content not to insist upon that Clause in the said Bill, whereby Popish Recusants were to pay double to the Rate charged on others of their Rank and Quality; yet this House is satisfied, that Popish Recusants have usually paid double Rates in all such Cases; and that only the pressing Necessities of the Army and Navy have moved them not to insist upon it in this Bill.
Ordered, That Sir Wm. Waller, Mr. Powell, Mr. Dowdeswell, Col. Birch, Sir Edward Mansell, Mr. Stuart, Mr. Fowell, Sir Geo. Booth, Sir Tho. Meeres, and all the Gentlemen of this House, of the Long Robe, be added to the Committee to whom the Marquis of Hertford's Bill is referred.
Leave of Absence.
A Person absconds from Custody.
Whereas Nicholas Cosens, High Sheriff of Cornewall, being lately in the Custody of the Serjeant at Arms attending this House, went privately out of Town, without taking out his Order of Discharge, or paying his Fees;