Journal of the House of Commons: Volume 8, 1660-1667. Originally published by His Majesty's Stationery Office, London, 1802.
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Tuesday, September 11th, 1660.
Draining the Fens.
The humble Petition of Henry Williams, alias Cromwell, Esquire, Lord of the Manor of Ramsey Berry, and Biggin, in the County of Huntington, on the Behalf of himself and his Tenants, being Two hundred Families, was read.
A Proviso was tendered to this Bill; that it be Enacted, that if, by Occasion of the Adventurers Works, the Waters are raised higher, on the ancient Country Banks, than they were before the said Adventurers undertook to drain the Fens; that then the Commissioners for Sewers for the Counties of Northampton, Norfolke, Suffolke, Cambridge, Lincolne, Huntington, and the Isle of Ely, for the Time being, or any Twelve of them, are hereby impowered to provide for the Safety of the Country, by causing the said Banks to be heightened and strengthened; and shall appoint and proportion the Charge between the said Adventurers, and those that were anciently to maintain the said Banks, as by the Laws and Usages of Sewers is meet: And in case the said Country be drowned, or lie under Water, by Occasion of the Raising the Waters, as aforesaid; that then the said Commissioners are hereby impowered to open any of the ancient Drains; though the Adventurers be now in Possession of them: Which was this Day read the First and Second time:
|Mr. Annesley,||Tellers for the Noes:||90.|
|Captain Titus,||With the Noes,|
|Sir Tho. Rich,||Tellers for the Yeas:||84.|
|Sir Tho. Meeres,||With the Yeas,|
Disbanding the Army.
That Colonel Birch do carry this Bill, and the Instructions, thus amended, to the Lords: And also carry up the Amendments to the Amendments sent down by the Lords: And to desire the Lords Concurrence thereunto.
Ordered, That it be referred to a Committee, to consider what Defects are in the Poll Bill; and of Remedies to be applied; and report them forthwith: And that Mr. Annesley, Serjeant Hales, Sir Wm. Morris, Mr. Pryn, Sir Samuell Jones, Mr. Charlton, Mr. Bampfeild, Sir John Temple, Sir Wm. Wheeler, Mr. Trevor, Mr. Boderda, be the said Committee.-
Draining the Fens.
Another Proviso was tendered to the said Bill for Maintenance of the great Level of the Fens; "That it be Enacted, that if, by Occasion of the Adventurers Works, the Water shall be raised higher, on the ancient Country Banks, than formerly, to the Damage of the Country, that then the Lord Chancellor, Lord Treasurer, the Judges of the one Bench and other, and Barons of the Exchequer, or any Six of them, are hereby impowered, upon Hearing of Parties, and Judgment of the Cause or Causes, to award Damages, open Sluices, and to apply such Remedies as shall be just:" Which was read the First and Second time; and, upon the Question, passed; and ordered to be Part of the Bill.-
Lords desire a Conference.
Draining the Fens.
Another Proviso was tendered to this Bill touching the great Level of the Fens: "Provided always, and be it further Enacted, by the Authority aforesaid, That Arthur Annesley Esquire, Sir Wm. Playters, Sir John Hewet, Baronets, Richard Fienes, Samuell Sandys, Rob. Phillipps, Wm. Terringham, Wm. Dodson, and Anthony St. John, Esquires, claiming a fourth Part of the said Ninety-five thousand Acres, be, and are hereby, constituted Commissioners, to join with the Earl of Bedford, and his Participants, for the more orderly Support, and carrying on the Work of the said Level, during the Continuance of this Act:" Which was read the First and Second time; and, upon the Question, agreed unto; and ordered to be Part of the Bill.
Ordered, That a Writ be issued for Election of a Member to serve in this present Parliament for the Borough of Ipswich, in the County of Suffolk, in the Place of Nathaniel Bacon Esquire, deceased; and that Mr. Speaker do grant his Warrant to the Clerk of the Crown in Chancery, to prepare a Writ for the Purpose aforesaid: Which the Lord Chancellor is to issue and pass under the Great Seal of England, accordingly.
"That the Lord Chancellor, at the Entrance of the Conference, told us, the Lords had considered of what we offered at the last Conference, with a desire to concur with us, as far as is possible, in That, as in all other things."
"In one Part of the Conference, We offered, that we insisted on the Clause of Scandal; which we should not have done, were it not that the omitting of it might seem to countenance Persons scandalous and ignorant. He told us, the Lords did, as much as We could, abhor Scandal, and pity Ignorance; and should be ready, with Us, to make War upon it: But, in this Place, they thought it fit to be left out; the Words being unhappy Words, as in former times misapplied, and imposed on Persons that deserved not, in any Sense, to be called scandalous or ignorant. His Lordship added, that, to put the Words out, their Lordships conceive, would, in a great measure, meet with our Ends; allay Animosities and Sharpness between several Parties; and prevent Inquiries by Commissioners, and the erecting of new Judicatories; which could have no Fruit but the renewing of former Differences: And therefore they could not but insist to have them left out. For our insisting, that his Majesty's Proclamation be Part of the Bill, and that such only should be confirmed, as had passed the Great Seal to the Twenty-sixth of August, he said, the Lords could not concur in this, partly for the Indecency of it; for it would imply a Repealing of some of the King's Letters Patents; and it would not consist with the due Reverence we ought to pay to the Great Seal of England: And it would not answer our End neither; for we might, contrary to our Will, prevent the gratifying of some of our Friends, that had Presentations under the Great Seal, who might escape the Benefit of that Proclamation, by the Neglect or Mistake of a Clerk. For the other Part, concerning Pluralities, he told us, that though the Lords might, with great Reason, insist upon it, that those Persons qualified for Pluralities, who had been so long kept out of their Rights, might now be restored to that which was their Right; yet, it being our Desire, the Lords were ready to gratify this House with their Compliance therein. Concerning the saving of the Right of Patrons, his Lordship told us, the Lords thought it became them, in Justice, to insist thereon; yea, looked on themselves as obliged, in some measure, to have a Care of the Commons therein: But since we had departed from our own Right, the Lords, in that Point, concurred: But, as to theirs, and what concerned themselves in their Right of Presenting, he said, they shall insist upon it; and withal, intimated this Reason; because Persons may be come into Places to which their Lordships have Right to present, who perhaps may be ill Neighbours; perhaps they may be good, and deserving: But their Lordships desire, that the Ministers, that continue in Places within their Gift, may owe their Obligation to them; and not to the Choice that brought them in: With this further Intimation; that it will concern but a few."-And therewith the Reporter delivered in a Paper, received at the Conference; wherein the Lords shew, in what they have concurred; and to what they disagree.
Mr. Annesley further reports, "that, at the Conference, the Lord Chancellor took notice, that the Clause in the Amendment, touching Persons beyond the Seas, was intended to relate only to Mr. Honnywood; and that, in their present Amendments, his Name alone is inserted: And, concerning the Word "Lapse," his Lordship said, the Word continues out but in reference to so much only of the Proviso, as reaches to the Lords."
He also reports a Paper sent down by the Lords, expressing, wherein the Lords agree with this House; and to what Particulars the Lords do adhere: Which was read; and, after, read in Parts; and is as followeth:
Lords desire a Conference
Ordered, That Colonel Birch, Sir Anth. Ashley Cooper, Sir Wm. Doyley, Colonel King, Sir Henage Finch, Sir Richard Browne, Sir Allen Broadrick, Sir Samuell Jones, Mr. Pryn, Captain Titus, be a Committee to manage this Conference.
Officers of the House.
SIR Wm. Doyley reports from the Committee to whom it was referred to consider what Allowances were fit to be made to the Clerks, and other Officers, attending this House; and to take into Consideration the Accompt of the Printers, and what is due to John Owen Stationer; the Resolves of the said Committee: Which were read; and were as followeth; viz.
That Two hundred Pounds per Annum Salary be allowed unto Ralph Darnall Esquire, Clerk Assistant of this House; to be paid to him, or his Assigns, by quarterly Payments, to commence from the One-and-twentieth of February 1659.
That Wm. Jessop Esquire be humbly recommended by this House to the King's Majesty, to be Clerk of this House; and the said Office be granted by Letters Patents, under the Great Seal of England, unto the said Wm. Jessop, during his Life; with all such Fees, Salaries, and Allowances, as have been heretofore allowed to any Clerk attending this House: And that the Members of this House, who are of the King's Council, do humbly offer it to the King's Majesty, as the Desire of this House.
That the Sum of Five hundred Pounds be paid to the Officers attending this House, for and in respect of their Pains in attending the Service of this House; and that the same be charged upon the Excise; and forthwith paid unto them by the Commissioners for the Excise.
That the One hundred Fifty-seven Pounds, due to Mr. Husband, and Mr. Newcombe, and attested under the Hands of the Speaker, and Mr. Jessop, be reported to the House, as a just Debt due to them, for several Books, Acts, and Orders, by them printed and delivered for the Service of the House of Commons.
That James Northfolke, the present Serjeant at Arms, be humbly recommended by this House to the King's most excellent Majesty, to be the Serjeant at Arms to the House of Commons; and that his Majesty be humbly desired to give him a Patent for that Place during his Life.
That Fifty Pounds be allowed and paid unto the Serjeant at Arms attending this House, out of the Excise, towards the providing of Firing against the next Sitting; and Sixty Pounds for several Contingencies since February 1659.
That the Sum of Two hundred and thirteen Pounds, due to the Stationer, as appears by his Account, acknowledged under the Hands of the Speaker, and the Clerk of the House of Commons, be also forthwith paid out of the Excise; and that, by another Account, bearing Date the Thirteenth of March 1659, there is due unto him the Sum of Three hundred Eighty-six Pounds, for which he had Order then under the Hands of the Speaker, and Mr. St. Nicholas; upon which no Money was received, as he alledgeth.
Resolved, By the Commons assembled in Parliament, that the Sum of One hundred Fifty-seven Pounds, due upon the Account of the said Edward Husbands, and Thomas Newcombe, be forthwith paid and satisfied unto them, or their Assigns; and the said One hundred Fiftyseven Pounds be, and is hereby charged upon the Receipt of the grand Excise: And the Commissioners of the Excise be, and are hereby, required and authorized forthwith to make Payment of the said One hundred and Fifty-seven Pounds unto the said Edward Husbands, and Thomas Newcomb, or their Assigns, accordingly: And their Acquittance, testifying the Receipt thereof, shall be a sufficient Discharge in that Behalf.
Ordered, That Wm. Jessop Esquire be humbly recommended by this House to the King's Majesty, to be Clerk of this House; he having, with Faithfulness and Diligence, performed the Duties of that Place from the Beginning of this Parliament; and that his Majesty will be pleased to grant the said Office of Clerk of the Commons House of Parliament, by his Highness' Letters Patents, under the Great Seal of England, unto the said Wm. Jessop, for and during his natural Life; with all such Fees, Salaries, and Allowances, as have been heretofore granted to any Clerk of the Commons House of Parliament.
Officers of the House.
Ordered, That James Northfolke Esquire, the present Serjeant at Arms to this House, be humbly recommended by this House to the King's most Excellent Majesty, to be Serjeant at Arms to the Commons House of Parliament; he having, with all Faithfulness and Diligence, and not without much Hazard to himself, performed the Duties of that Place, from the Beginning of this Parliament; and that it will please his Majesty to grant the said Office of Serjeant at Arms to the said James Northfolk, for and during his natural Life, by his Highness' Letters Patents, under the Great Seal of England: And with all such Fees, Salaries, and Allowances, as have been heretofore granted to any Serjeant at Arms of the Commons House of Parliament.
Ordered, That the Sum of Five hundred Pounds of good and lawful Money of England, be forthwith paid unto the Committee for the Army, or such Person as they shall appoint to receive the same, to the Use of the Clerks and Officers attending the Service of the honourable House of Commons, for their Service and Attendance there this present Parliament: And the Committee for the Army are hereby authorized and required to distribute the said Five hundred Pounds amongst the said Clerks and Officers, as they conceive their several Services respectively to merit: And the Commissioners of the Excise are hereby required to make Payment thereof accordingly.
Ordered, That the several Sums of Two hundred and Thirteen Pounds, and Three hundred Eighty-six Pounds, due unto John Owen Stationer, upon several Accounts, signed by Mr. Speaker, and by the Clerk, of the House of Commons, and allowed by the said House, shall be forthwith paid and satisfied unto the said John Owen, or his Assigns; and be, and is hereby, charged upon the Receipt of the Grand Excise: And the Commissioners of Excise are hereby authorized and required forthwith to make Payment of the said several Sums of Two hundred and Thirteen Pounds, and Three hundred Eighty-six Pounds, unto the said John Owen, or his Assigns accordingly: And the Acquittance or Acquittances of the said John Owen, or his Assigns, testifying the Receipt thereof, shall be a sufficient Warrant and Discharge in that Behalf.
Resolved, That the Sum of Two hundred Pounds of good and lawful Money of England, be forthwith paid and satisfied unto Ralph Darnall Esquire, or his Assigns, for his diligent and faithful Service of the honourable House of Commons, from the Twenty-fourth Day of February 1659, unto this Day; and that the said Two hundred Pounds be, and is hereby, charged upon the Grand Excise: And the Commissioners of the Excise be, and are hereby, authorized and required forthwith to pay and satisfy the said Sum of Two hundred Pounds unto the said Ralph Darnall, or his Assigns, accordingly: And the Acquitance or Acquittances of the said Ralph Darnall, testifying the Receipt thereof, shall be their sufficient Warrant and Discharge, in that Behalf.
Ordered, That the Sum of Two hundred Seventy-seven Pounds Eleven Shillings Four-pence be forthwith paid and satisfied unto Launcelot Emot, Provost Marshal of Middlesex, on the Behalf of himself, and his Six Men, (for their Service in attending the Speaker of the honourable House of Commons, for his Salary of One hundred Pounds per Annum, and Twelve-pence per Diem, apiece, for his said Six Men) due from the Twenty-seventh of May 1659, to the Fourth of this instant September; and that the said Two hundred Seventy-seven Pounds Eleven Shillings Four-pence be, and is hereby, charged upon the Receipt of the Grand Excise: And the Commissioners for the Excise are hereby authorized and required forthwith to pay and satisfy the said Two hundred Seventy-seven Pounds Eleven Shillings Four-pence, to the said Launcelot Emot, or his Assigns, accordingly: And the Acquittance of the said Launcelot Emot, or his Assigns, testifying the Receipt thereof, shall be a sufficient Discharge in that Behalf.
Resolved, That the Sum of One hundred and Ten Pounds be allowed, and forthwith paid, unto James Northfolk, Serjeant at Arms attending the Parliament, for providing of Fire and Candles, for the Use of the House of Commons, at their next Sitting; and that the said One hundred and Ten Pounds be charged upon the Excise: And the Commissioners of Excise are hereby authorized and required to make Payment thereof accordingly: And the Acquittance of the said James Norfolk, testifying the Receipt thereof, shall be their sufficient Discharge in that Behalf.
Streator's, &c. Petition.
Ordered, That the Sum of Twelve hundred Pounds a Week shall be paid, upon Account, to the Garison of Dunkirke, from the First Day of August 1660, until the Sixth Day of November next; and paid out of the Moiety of Excise of Ale and Beer, for the Maintenance of the said Garison.
The House resumed the Debate upon the Second Clause, reported this Day, as an Addition to the Bill for supplying the Defects of the Poll Bill: Which was read the Second time; and laid aside, being as followeth:
"And be it further Enacted, by the Authority aforesaid, that every Person and Persons, of what Degree or Quality soever he or they be, chargeable by the aforesaid Act, shall and may be charged for his, her, or their Degree, in the County, City, Town, or Place, where he, she, or they, have their usual Abode: And every Person and Persons, of what Degree or Quality soever, as aforesaid, shall and may be charged for every Hundred Pounds per Annum, which he, she, or they, have or can dispend, in Lands, Leases, Money, Stock, or otherwise, of his, her, or their own proper Estate, in any other County, City, Town, or Place, respectively, the Sum of Forty Shillings; and so proportionably, for a greater or lesser Estate; provided it extend not to Persons under Five Pounds yearly: And the Tenant or Tenants of every such Person and Persons, respectively, are hereby required to pay such Sum and Sums of Money, as shall so be charged upon his, her, or their respective Landlords: And the said Tenant or Tenants are hereby enabled to detain and have Allowance of the same, out of the Rents which shall be next payable to his, her, or their respective Landlords. Provided always, and it is hereby further Enacted, That where any Person or Persons is or are taxed for his, her, or their Degree, the Commissioners for that Place, or any Three of them, are hereby authorized and required to grant to such Person or Persons, if the Charge for his, her, or their Title, exceed the Charge for his, her, or their Estate there only, . . . . directed to the Commissioners of and for such Place or Places, as the Person or Persons so charged shall desire; importing the Value of what Estate in Lands, Leases, Money, Stock, or otherwise, such Person or Persons so taxed for his, her, or their Degree, hath or can dispend in the County, City, Town, or Place where he, she, or they, are so taxed, for his, her, or their Degree, as aforesaid; to the Intent that such Person or Persons may have Allowance and Defalkation, in any other County, City, Town, or Place, proportionably thereunto. And the Commissioners of such other Counties, Cities, Towns, or Places, are hereby required and enabled, upon Sight of such Certificate, and by under-writing "Re-delivery of the same," to make such Allowance and Defalkations, accordingly, and not otherwise."
Another Amendment, reported by Mr. Annesley, in the Forenoon of this Day, was again taken into Consideration; being as followeth; viz. After the Word "Pay," insert "in any one County or Place, what he shall or can be charged withal, as his greatest Proportion for his Degree, or whole Estate, in the several Counties and Places (if the same shall exceed his Degree); and producing an Acquittance or Certificate thereof:" Which was read the Second time; and, on the Question, agreed; and ordered to be inserted into the Bill.
The First Clause, reported this Morning, and agreed unto, is as followeth: "And be it Enacted, by the Authority aforesaid, That the said Commissioners, or any Three of them, are hereby required and impowered to issue out their Warrant or Warrants, under their Hands and Seals, or under the Hands and Seals of any Three of them, to the Constables, Petty Constables, or other his Majesty's Officers, Ministers, or other Persons, inhabiting within the several Counties, Cities, Towns, and Places, respectively; requiring them, or any of them, to distrain the Goods and Chattels of all and every Person and Persons, and every Tenant and Tenants, for and on the Behalf of his, her, or their Landlords, who shall refuse or neglect to pay the respective Sums charged upon him, her, or them, by virtue of the aforesaid Act: And the said Constables, Petty Constables, and other his Majesty's said Officers and Ministers, and other Persons inhabiting as aforesaid, are hereby required to make such Distress accordingly."
Disbanding the Army.
Colonel Birch reports the Substance of the Conference with the Lords this Day, about the Bill for disbanding the Army; and a Paper of Amendments, delivered by the Lords: Which was read; and is as followeth:
The Fourth Instruction to be thus read: "That all Garisons within this Kingdom and Dominion of Wales, and Town of Barwicke upon Tweed, and Islands of Guernzey and Jersey, shall be, with all convenient Speed, in respect of their Fortifications and Walls, and Numbers of Men, put into the same Condition they were in the Year 1637; and the Soldiers in them disbanded and discharged; except such of them, or any other, as his Majesty shall think fit otherwise to dispose and provide for, at his own Charge."
11. Instruction, After the last Word, "necessary," add these Words "and that no private Soldier, being disbanded, ride or travel with any Fire Arms, upon Pain of losing his said Arms, and of Imprisonment during his Majesty's Pleasure."
14. Instruction, After the last Word "belonging," add these Words "excepting such Monies as shall be paid for their Maintenance, to keep them from Free Quarter, till they shall have received their full Arrears; which Money shall be discounted at the full Payment of their Arrears."
Resolved, That to the Amendment, in the 11th Instruction, this House doth agree with the Lords; with an Addition, after the Words "being disbanded, shall," of these Words, viz. "after Fourteen Days from the time of his Disbanding."