November 1653

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House of Commons Journal Volume 7
2 November 1653

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History of Parliament Trust

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1802

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'House of Commons Journal Volume 7: 2 November 1653', Journal of the House of Commons: volume 7: 1651-1660 (1802), pp. 344-346. URL: http://www.british-history.ac.uk/report.aspx?compid=24301 Date accessed: 29 August 2014.


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Wednesday, the 2d of November, 1653.

Temple's Creditors.

MAJOR Vincent Goddard reports from the Committee for Prisons and Prisoners, appointed to consider of the Petition of Dame Christian Temple Widow, and Sir Richard Temple Baronet; and the Creditors of Sir Peter Temple Baronet, deceased;

WHEREAS Sir Peter Temple Knight and Baronet, lately deceased, being indebted unto several Persons in several great Sums of Money, certain Articles of Agreement have been lately made between the said Sir Peter Temple, Dame Christian his Wife, and Sir Richard Temple Baronet, his eldest Son, of the one Part; and Sir Edmond Pye Knight and Baronet, Thomas Viner Alderman of London, and other the Creditors of the said Sir Peter, of the other Part; whereby it is agreed, That the Debts of the said Sir Peter shall be satisfied out of the Profits of the Manors, Woods, and Timber, Lands, Tenements, and Hereditaments in the same Articles mentioned, in such Manner as is therein agreed and expressed; as by the said Articles of Agreement, bearing Date the 15th of August last, more at large appeareth.

Now, forasmuch as it appeareth to this Committee, by the Petition of Sir Richard Temple and Dame Christian his Mother, and also of divers of the said Creditors; which Petition is referred by the Parliament to the Consideration of this Committee, for stating the Matter, and reporting the same, and their Opinion therein;

It is hereupon offered to the Parliament, as the Opinion of this Committee, That whereas the said Sir Richard Temple, who is to perfect the Assurance for Settling of the said Manors and Premises, for the Use of the said Creditors, Parties to the said Agreement, in such manner as in the said Agreement is expressed, being now within Age, that is to say, not Twenty Years of Age, till the 28th of March next, which shall be in the Year of our Lord One thousand Six hundred and Fifty-four; that the Judges of the Court of the Common Bench at Westminster be enabled, authorized, and required to admit the said Sir Richard Temple, to levy one or more Fine or Fines; and also to admit the said Sir Richard Temple, by his Guardian, as Tenant, or Vouchee, to suffer one or more Common Recovery, or Recoveries, of or concerning the said Manors, Lands, and Premises, and of every Part thereof, to and for the better Conveying and Settling of the same upon the Creditors intended by the said Agreement, or such of them as shall be thought fit, in such Manner and Form, and to such Uses, Intents, and Purposes, as by the said Articles of Agreement are mentioned, expressed and declared; notwithstanding the said Sir Richard Temple now is, or, at the time of such Fine or Fines levied, or Recovery or Recoveries had or suffered, shall be, within the Age of Twenty and-one Years.

And it is further offered, as the Opinion of this Committee, That the Parliament do declare, that the said Fines and Recoveries to be only for those Uses in the Articles expressed and declared: And that the said Sir Richard Temple, and all Parties therein mentioned or concerned, do and shall thereupon convey and declare the Uses by Indenture, accordingly, before the Day of next:

And that the said Fine and Fines, Recovery and Recoveries, be levied and suffered before the End of Michaelmas Term next.

Resolved, That an Act be brought in by the same Committee, to satisfy the Creditors of Sir Peter Temple; and that Major Goddard take Care of it.

Council of State.

The Instructions for the Council of State were this Day read.

The First Instruction, being read, was agreed.

The Second agreed.

The Third Instruction being read;

Resolved, That, instead of these Words, "for reducing of Ireland," these Words, "preserving of Ireland in Peace and Safety," be inserted. And the Third Instruction, thus amended, being put to the Question, passed.

The Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Instruction, being read, and severally put to the Question, were agreed.

The Tenth Instruction, being put to the Question, passed.

The Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth Instruction, being read, and severally put to the Question, were agreed.

The Sixteenth Instruction, &c. was agreed.

The Seventeenth Instruction being read; these Words, by Order, upon the Question, were added next after the Word "James's;" viz; "and to remove the same to Whitehall, or some other more convenient Place; and to appoint a Library-Keeper." And this Instruction, so amended, being put to the Question, was agreed.

The Eighteenth, Nineteenth, Twentieth, being read, and severally put to the Question, were agreed.

The One-and-twentieth being read; by Order on the Question, these Words were left out, "December Three;" and, instead thereof, these Words were inserted, "May Four." And this Instruction, so amended, was agreed.

The Twenty-second, Twenty-third, Twenty-fourth, being read, and severally put to the Question, were agreed.

The Form of an Oath to be taken by every Member of the Council of State, was this Day read: And after some Amendments at the Table, was agreed, in these Words:

I A. B. being nominated of the Council of State, do promise, in the Sight of God, that, through his Grace, I will not reveal or disclose any thing, in Whole or in Part, directly or indirectly, that shall be debated or resolved upon in the Council, and particularly ordered to be kept secret by the said Council, without the Command, Direction, or Allowance, of the Parliament, or Council.

The Form of the Oath to be taken by the Secretary of the Council: Which was agreed, in these Words; viz.

I A. B. being, by Order of Parliament, appointed Secretary to the Council of State for the Year ensuing, do promise, in the Sight of God, through his Grace, I will be faithful to the Trust committed to me; and not reveal or disclose any thing, in Whole or in Part, directly or indirectly, that shall be debated or resolved upon in the Council, and ordered to be kept secret by the said Council, without the Command, Direction, and Allowance, of the Parliament, or Council.

The Form of an Oath to be tendered to such as the Council shall employ under them: Which was now read, and agreed in these Words; viz.

I A. B. do promise, in the Sight of God, that I will be true and faithful in the Trust committed to me in my Employment under the Council of State; and that I will not reveal or disclose any thing, directly or indirectly, that shall be debated or resolved upon in the Council, without the Command, Direction, or Allowance, of the Parliament, or Council.

You, or any Three of you, are hereby authorized, to administer, each to other, the Oath of Secresy, appointed by the Parliament to be taken by every Member of the Council; and likewise to administer the respective Oaths appointed to be taken by the Secretary of the Council of State; and to such as the Council shall employ under them.

Another Instruction was tendered in these Words; viz.

"You shall take Care, that the good People of this Nation, and of Ireland and Scotland, be protected in their peaceable Assemblies for the Worship of God; provided this Instruction be not extended to the Sufferance, Protection, or Countenance, of Popish or Idolatrous Worship, in this, or either of the other Nations:" Which was twice read, and agreed.

Another Instruction was tendered, in these Words; viz.

"You are hereby authorized and impowered to set the Prices of all kind of Wines, in such Sort, as the Lord Chancellor, Lord Treasurer, and other the Persons mentioned in an Act made in the 18th Year of Henry the Eighth, intituled, At what Prices Wines shall be sold, are, by the said Act, impowered and authorized to do; and to cause the Prices, by you set, to be written, and open Proclamation thereof to be made, to the End the same may be duly observed accordingly:" Which was read.

And the Question being put, For passing this Instruction;

The House was divided.

The Yeas went forth.

Colonel Barton, Tellers for the Yeas: 30.
Mr. King, With the Yeas,
Colonel Clerk, Tellers for the Noes: 30.
Mr. Anlaby, With the Noes,

Mr. Speaker declares himself to be with the Yeas: So it passed; and was agreed to be one of the Instructions to the Council of State.

Council of State.

A Bill for constituting a Council of State, was this Day read the First and Second time: And the Blanks being filled up at the Table, the Act, so amended, with the Instructions, passed.

Ordered, That the Council of State do bring in their Accompts by the First of December next.

You are hereby authorized and impowered to set the Prices of all Kind of Wines, in such sort, as the Lord Chancellor, Lord Treasurer, and other the Persons mentioned in one Act, made in the 18th Year of Henry the Eighth, intituled, At what Prices Wines shall be sold, are, by the said Act, impowered and authorized to do; and to cause the Prices, by you set, to be written, and open Proclamation thereof to be made, to the end the same may be duly observed, accordingly.