Monday, August 13th, 1660.
Prayers.
Leave to plead before Lords.
ORDERED, That Mr. Wingfeild, a Member of
this House, have Leave to plead before the Lords,
in a Cause there, not concerning any Member of this
House.
Deane Forest.
A Bill touching preserving the Timber and Woods
in the Forest of Deane, and to abate the rigorous Execution of the Forest Laws there, was this Day read the
Second time; and, upon the Question, committed to
the Committee for settling of the King's Revenue: And
Mr. Tompkins, Sir Anthony Irby, Sir Bainham Throckmorton, Mr. Knightley, Mr. Malet, Mr. Westfaling,
Mr. Stephens, Mr. Aldworth, Sir Wm. Wheeler, Serjeant
Glyn, * Cope, Mr. Peckham, Lord Spencer, Lord Bruce,
Mr. Pitt, Sir Henry Williams, Sir Tho. Clergis, Mr.
Hampden, Mr. Howard, Mr. Andrewes, * Bowyer; and
that the Knights and Burgesses, who serve for Gloucestershire, Herefordshire, Monmouth, and Bristoll, be added
to that Committee, as to this Business: And the Petition
of the Freeholders and Inhabitants of the Forest of
Deane is referred to that Committee: And they are to
meet this Afternoon, at Two of the Clock, in the Speaker's
Chamber; and they have Power to send for Persons,
Papers, Witnesses, Records, and what else may conduce
to this Business.
Suppression of a Writ.
Ordered, That Mr. Henry Milborne be summoned,
by the Serjeant at Arms attending this House, to answer
the Misdemeanor wherewith he is charged) in taking
from the Clerk of the Crown the Writ issued for Election of a Burgess to serve in this present Parliament
for the Borough of Milborne Port in the County of
Sommerset; and in keeping the same unexecuted; whereby
this House is deprived of a Member to serve for the
said Borough.
Wool.
Ordered, That Mr. Shawe's Report, for Wool, be made
next after the Bill of General Pardon is dispatched.
Pardon and Oblivion.
The House resumed the Debate upon the Act of
General Pardon.
Mr. Bampfeild reports from the Committee to whom
it was referred to consider of the Act of General Pardon,
and of the Amendments and Votes passed, touching the
same, what Alterations are made, by the Lords, to the
said Bill; and also that the Votes are rightly entered,
as they were voted in the House.
The Amendment, in the 9th Skin, 26th Line, and
the Words "all which," in the 37th was read:
Resolved, That as to this Clause, (except only Sir
Gilbert Pickering and Mr. Lister, formerly agreed to
be pardoned) this House doth adhere to it, as to the
Twenty-four Persons, as they formerly stood in the Bill.
The House resumed the Debate upon the Amendment in the 9th Skin, and 1st Line; wherein the Name
of Francis Hacker was added:
Resolved, That this House doth agree with the Lords,
as to the Addition of the Name of Francis Hacker in
this Clause; and adhere to the rest of the Clause, as it
formerly stood.
The next Amendment in the 9th Skin, 43 Line, that
the Clause beginning "and also except," and ending,
in the 51st Line of the same Skin, with the Word
"imposed," to be left out, was read:
The Question being put, that this House doth agree
with the Lords, that this Clause, as to Wm. Lenthall
Esquire, Wm. Burton, Oliver St. John, John Ireton,
Alderman, Colonel Wm. Sydenham, Colonel John Disbrow, John Blackwell of Mortclack, Christopher Pack,
Alderman, Richard Keeble, Charles Fleetwood, John
Pyne, Richard Deane, Major Richard Creed, Philip
Nye Clerk, John Goodwin Clerk, and Colonel Ralph
Cobbet, be left out:
The House was divided.
The Yeas went forth.
|
|
|
|
Mr. Hollis, |
Tellers for the Yeas: |
197. |
| Mr. Secretary Morris, |
With the Yeas, |
| Sir Daniell Harvey, |
Tellers for the Noes: |
102. |
| Colonel King, |
With the Noes, |
So it was
Resolved, That this House doth agree with the Lords,
that this Clause, as to Wm. Lenthall Esquire, Wm.
Burton, Oliver St. John, John Ireton, Alderman, Colonel
Wm. Syddenham, Colonel John Desbrow, John Blackwell
of Mortlack, Christopher Pack, Alderman, Richard
Keeble, Charles Fleetwood, John Pyne, Richard Deane,
Major Richard Creed, Phillip Nye Clerk, John Goodwin
Clerk, and Colonel Ralph Cobbet, be left out.
Resolved, That this House doth adhere to this Clause,
as it stood formerly in the Bill, as to Sir Henry Vane,
Sir Arthur Hesilrig, John Lambert, and Danyell
Axtell.
The next Amendment, in the 9th Skin, 52 and 53
Lines, after the Word "Esquires," and before the
Word "Francis," to put in the Word "and;" and
after the Word "Lassells," and before the Words "shall
be," in the 53d Line, to leave out these Words, "and
Colonel Adrian Scroope;" was read:
Resolved, That this House doth adhere to this Clause,
as it formerly stood in the Bill.
The next Amendment, 9th Skin, Lines 55 and 56,
were read:
Resolved, That this House doth adhere to this Clause,
as it stood formerly in the Bill.
The next Amendment, 10th Skin, 1st Line, that
the Clause beginning with the Word "provided," and
ending in the 10th Line, with the Word "Estate" be left
out:
Resolved, That this House doth adhere to this Clause,
as it stood formerly in the Bill.
The rest of the Amendments in the 11th Skin, 21st
Line; and in the 12th Skin 16th Line, and 41st Line;
were read; and, upon the Question, agreed unto.
The first Proviso sent down by the Lords, in these
Words; viz. "Provided always, that this Act, or any
thing therein contained, shall not extend to the pardoning, or to give any other Benefit whatsoever, unto Sir
Henry Vane, Sir Arthur Hesilrig, John Lambert, and
Danyell Axtell, or any of them; but that they, and
every of them are, and shall be, out of this present Act,
wholly excepted, and foreprized;"
And the Question being put, That this Proviso be
read the Second time:
It passed with the Negative.
The next Proviso sent down from the Lords, in these
Words; viz. "Provided that if Wm. Lenthall, Wm.
Burton, Oliver St. John, John Ireton, Alderman,
Colonel Wm. Sydenham, Colonel John Desborow, John
Blackwell of Moreclack, Christopher Pack, Alderman,
Richard Keeble, Charles Fleetwood, John Pyne, Richard
Deane, Major Richard Creed, Phillip Nye Clerk, John
Goodwin Clerk, and Colonel Ralph Cobbet, shall hereafter accept, or exercise, any Office, Ecclesiastical,
Civil, or Military, or any other publick Employment,
within this Kingdom of England, Dominion of Wales,
or Town of Berwick upon Tweed; and then such Person
or Persons, as do so accept, or execute, as aforesaid,
shall, to all Intents and Purposes in Law, stand, as if
he or they had been totally excepted by Name in this
Act;" was read the First time.
Resolved, That this Proviso be read the Second
time.
The said Proviso was read the Second time accordingly.
Resolved, That the Time be the First of September,
1660.
Resolved, That Sir Gilbert Pickering, and Colonel
Tho. Lister, be inserted in this Proviso.
And the said Proviso, so amended, was read the
Third time; and, upon the Question, agreed unto.
Another Proviso sent down by the Lords, in these
Words; "Provided that Edmond Waring, William Wyberd, and John Blackwell, who sat and acted in an illegal
and tyrannical High Court of Justice, upon the Lives of
James Earl of Cambridge, Henry Earl of Holland, and
Arthur Lord Capell; and signed the Warrants for their
Execution; as also Colonel Thomas Croxton, who sat and
acted in a Court Martial, upon the Life of James late
Earl of Derby, shall be totally exempted out of this Act
of Indemnity, and General Pardon;" was read the First
time:
And the Question being put, That this Proviso be read
the Second time;
It passed with the Negative.
Another Proviso, sent down by the Lords, in these
Words; viz. "Provided likewise, that all those Persons
that sat in any High Court of Justice, (other than Colonel
Richard Ingolsby, Sir Gilbert Pickering, Colonel Mathew
Tomlinson, and Colonel Thomas Lister) are hereby made
uncapable of bearing any Office, Ecclesiastical, Civil, or
Military, within the Kingdom of England, or Dominion
of Wales; and that all such Persons as have sat in any
High Court of Justice, other than the said Colonel
Richard Ingolsby, Sir Gilbert Pickering, Colonel Mathew
Tomlinson, Colonel Tho. Lister, and Colonel John Hutchinson, shall be liable to such further Penalties, as, by any
future Act of Parliament, shall be inflicted upon them,
not extending to Life;" was read the First time.
The latter Clause in the said Proviso, viz. "And that
all such Persons, as have sat in any High Court of Justice,
other than the said Colonel Richard Ingolsby, Sir Gilbert
Pickering, Colonel Mathew Tomlinson, Colonel Thomas
Lister, and Colonel John Hutchinson, shall be liable to
such further Penalties, as, by any future Act of Parliament, shall be inflicted upon them, not extending to
Life;" was read; and, upon the Question, ordered to be
omitted.
The first Clause, in the said Proviso, was read: And
some Amendments being offered thereunto, the same was
read the First and Second time; and, upon the Question,
was as followeth, in these Words; viz.
"Provided likewise, that all those who, since the
Fifth of December 1648, did give Sentence of Death upon
any Person or Persons, in any of the late illegal and tyrannical High Courts of Justice, in England or Wales; or
signed the Warrant for Execution of any Person there
condemned, except Colonel Richard Ingoldsby, and Colonel Mathew Tomlinson, shall be, and are hereby made,
incapable of bearing any Office, Ecclesiastical, Civil, or
Military, within the Kingdom of England, or Dominion
of Wales; or of serving as a Member in any Parliament
after the First Day of September 1660:"
Resolved, That this House doth agree to this Proviso,
thus amended.
Resolved, That these Amendments be drawn up; and
that Sir Henage Finch do carry them to the Lords To-morrow Morning.
Mrs. Seymour.
Ordered, That Mrs. Seymour's Committee do sit this
Afternoon, and proceed upon the former Order.
Leave of Absence.
Ordered, That Sir Thomas Hebblethwaite have Leave
to go into the Country.
Lords desire a Conference-Loan from City.
The House being informed, that there was a Message
from the Lords at the Door;
Resolved, That the Messengers shall be called in.
A Message from the Lords, by Dr. Child and * *,
Two Masters of the Chancery;
Mr. Speaker, The Lords have commanded us to let
you know, that they desire a present free Conference
with this House, in the Painted Chamber, touching the
Subject Matter of the late Conference.
Resolved, That the Committee formerly appointed to
manage the late Conference, do also manage this Conference.
The Messengers being again called in, Mr. Speaker
gave them this Answer;
The House hath considered of your Message; and do
agree to a present free Conference.
Sir Henage Finch reports the Conference had with the
Lords;
That, as to the Acts touching Judicial Proceedings, and
Confirmation of Laws and Liberties, they are in a Readiness to be passed: And, as to the sending of a Committee
to go into the City of London, to borrow the Sum of One
hundred thousand Pounds, the Lords have appointed a
Committee of the Number of Eight Members of their
House, to join with a proportionable Number of the
House of Commons, to go into the City of London, To-morrow in the Afternoon, about Four of the Clock, to
borrow the Sum of One hundred thousand Pounds, for
the publick Service of the Kingdom; viz. Lord Marquis of Hertford, Earl of Northumberland, Lord Chamberlayne, Earl of Rutland, Earl of Thanet, Viscount
Hampden, Lord Grey of Warke, Lord Coventrey.
Ordered, That it be recommended to Mr. Recorder of
London, the Lieutenant of the Tower, Alderman Langham, Sir Richard Browne, Mr. Rich, and the rest of the
Members of this House, who serve for the City of London, to go to the Lord Mayor, and desire him to call a
Common Council, at Four of Clock To-morrow in
the Afternoon.
Resolved, That a proportionable Number of the Members of this House be nominated to join with a Committee of the Lords, to go into the City of London
To-morrow in the Afternoon, about Four of the Clock,
to borrow the Sum of One hundred thousand Pounds, for
the publick Service of the Kingdom: And that Sir Geo.
Savill, Lord Bruce, Sir Henage Finch, Lord Howard, Mr.
Pierpont, Sir John Potts, Lord Falkland, Sir Edward Turner, Mr. Holles, Sir Geo. Booth, Sir Ralph Bancks, Sir
John Bowyer, Lord Angier, Sir Edward Hales, Mr. Annesley, Colonel Popham, be the said Committee.
Ordered, That the Lord Bruce do acquaint the Lords,
that this House hath agreed to a Committee of a proportionable Number of the Members of this House, to
go into the City.
Ordered, That the Lord Bruce do, To-morrow Morning, carry this Message to the Lords, as soon as they sit.