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.
Die Veneris, 10 Julii, 15° Regis Car. IIdi.
Leave of Absence.
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 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.
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.
|Sir Sol. Swale,||Tellers for the Yeas:||82.|
|Mr. Seymour,||With the Yeas,|
|Lord Ancram,||Tellers for the Noes:||84.|
|Sir Robert Brooke,||With the Noes,|
|Lord Ancram,||Tellers for the Yeas:||97.|
|Sir Fra. Goodrick,||With the Yeas,|
|Sir Tho. Meres,||Tellers for the Noes:||87.|
|Mr. Seymour,||With the Noes,|
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.
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.
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.
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."
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.
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.