Thursday, August 16th, 1660.
Prayers.
Relief of Soldiers.
ORDERED, That Mr. Ashby, the Treasurer of
Ely House, do, instead of Sir Gilbert Gerrard, receive the Two thousand Pounds, for the Use of the Poor
of Ely House, and the Savoy; and that the Order of
Yesterday be amended accordingly.
Col. King to carry the Order to the Lords.
He carried the said Order accordingly; and brings
Answer, that the Lords do agree thereunto.
Gargrave's Estate.
A Bill for making void a Lease made by the Lady
Catherine Gargrave, to Sir John Danvers, was this Day
read the Second time; and, upon the Question, committed
to Mr. Goodrick, Sir Anthony Irby, Mr. Knightley, Col.
King, Mr. Francis Bacon, Sir An. Ashley Cooper, Mr.
Pryn, Mr. Allen, Sir Robert Pye, Sir John Northcot, Sir
Lancelot Lake, Serjeant Hales, Sir John Temple, Mr.
Williams, Mr. Nath. Bacon, Mr. Trevor, Sir Henry Yelverton, Mr. Clifford, Mr. Gurdon, Sir Geo. Reeve, Sir
Richard Browne, Sir Gilbert Gerrard, Sir Solomon Swale,
Sir Wm. Wheeler, Sir Wm. Doyley, Mr. Rainsford, Mr.
Hinson: And they are to meet this Afternoon, at Two
of the Clock, in the Speaker's Chamber.
Marquis of Winchester's Estate.
Ordered, That the Bill, sent down from the Lords,
concerning the Marquis of Winchester, be read the
Second time To-morrow.
Judicial Proceedings.
Serjeant Glyn reports from the Committee to whom
the Amendments and Provisoes, sent from the Lords,
upon the Bill for judicial Proceedings, was referred; that
they conceive the said Amendments and Provisoes were
for the better.
The Second Amendment was read; viz. 4th Line,
after the Word "Recognizances," and before the Word
"Inquisition," leave out the Words "Inrollments, Exemplifications," and add these Words "nor Inrollments
of any Deeds, or Wills, or of any such Fines, Proclamations, Recoveries, Verdicts, Judgments, Statutes,
or Recognizances, nor any Exemplifications of them,
nor any of them, nor any;" and, upon the Question,
agreed unto.
The Third Amendment was read; viz. 5th Line,
after the Word "Decrees," leave out the Words "not
vacated, cancelled, reversed, or otherwise avoided;" and,
upon the Question, was agreed unto.
The 4th Amendment; viz. 7 Line, leave out the
Word "Acts," was read; and, upon the Question,
agreed unto.
The 5th Amendment, viz. 10th Line, after the Word
"Exchequer," and before the Word "sitting," put in
the Words "and Courts of Exchequer Chamber, or any
of them," was read; and, upon the Question, agreed
unto.
The 6th Amendment; viz. 12 Line, after the Word
"Lancaster," and before the Word "or," leave out
these Words, "or in the Courts of the Isles of Jersey or
Guernsey," was read; and, upon the Question, agreed
unto.
The 7th Amendment; viz. 18 Line, after the Word
"Process," and before the Word "Proceedings," put
out the Word "or," and after the Word "Proceedings," and before the Word "thereupon," put in the
Words "nor Executions," was read; and upon the
Question, agreed unto.
The 8th Amendment; viz. 49 Line, after the Word
"Silver," and before the Word "and," put in these
Words, "and without Entry, or due Entry of any
Summons, given to the Party for the Concord," was
read; and, on the Question, agreed unto.
The 9th Amendment; viz. 52 Line, after the Word
"Fines," and before the Word "and," put in these
Words, "and Proclamations thereupon," was read;
and, on the Question, agreed unto.
The 10th Amendment; viz. 54 Line, after the
Word "Fines," and before the Word "Recoveries,"
put in these Words, "Proclamations, of Fines," was
read; and, on the Question, agreed unto.
The 11th Amendment; viz. 7 Line, after the Word
"one," and before the Word "there," put in these
Words, "and before the 25th Day of April, in the
Year of our Lord 1660," was read; and, upon the
Question, agreed unto.
The 12th Amendment; viz. 11th Line, after the
Word "one," and before the Word "diverse," put
in these Words, "and before the said 25th Day of April,
in the Year of our Lord 1660," was read; and, upon
the Question, agreed unto.
The 13th Amendment; viz. 12th Line, after the
Word "Majesty," and before the Word "were," put
in these Words, "or to the late King," was read; and,
upon the Question, agreed unto.
The 14th Amendment; viz. 25 Line, after the
Word "Sales," and before the Word "made," put
in the Words "or Estates," was read; and, upon the
Question, agreed unto.
The 15th Amendment; viz. 25th Line, after the
Word "Act," and before the Word "or," put in the
Word "Order," was read; and, upon the Question,
agreed unto.
The 16th Amendment; viz. 26 Line, after the
Word "Act," and before the Word "or," put in the
Word "Order," was read; and, upon the Question,
agreed unto.
The 17th Amendment; viz. 40th Line, after the
Word "otherwise," and before the Word "and," put
in these Words "other than such Recognizances, Obligations, and Securities, as have been made, or given,
to any the pretended Powers or Persons aforesaid, or
to any deriving, or pretending to derive, Authority from
them, by any Person, or Persons, for or by reason of
their Adherence to his Majesty, or his said late Royal
Father; or relating to, or arising only upon, or in respect
of, the late Troubles; all which are hereby declared to
be void, and to be delivered up, to be cancelled;" was
read; and, upon the Question, agreed unto.
The 18th Amendment; viz. 42 Line, after the Word
"discharged," and before the Word "shall," put in
these Words, "other than as aforesaid," was read; and,
upon the Question, agreed unto.
The 19th Amendment was read; viz. 44th Line, after
the Word "Successors," and before the Word "Provided," put in these Words, "and also, excepting all
Obligations, Bonds, or Recognizances, entered into by
any Person, or Persons, by Order or Direction of any
Council of State, Major Generals, or any other inferior
Officers; all which Obligations, Bonds, and Recognizances, are hereby discharged, and declared to be null,
and void, to all Intents and Purposes:"
Resolved, That after the Word "Major Generals," in
the 5th Line of the Amendment, the Word "Decimators," be added.
Resolved, That instead of the Words "or any other
inferior Officers," these Words be inserted; viz. "or
any Officer or other Person under them, or any other
military Power."
Resolved, That after the Words "Recognizances entered into," these Words be inserted, viz. "to the said
Keepers or Protectors, or any of them."
Resolved, That after the Words "Council of State,"
these Words be added, viz. "the late pretended Committee of Safety."
The 20th Amendment; viz. 49 Line, before the
Word "charitable," put in the Words, "or of," was
read; and, on the Question, agreed unto.
The First Proviso from the Lords was read; and is
as followeth;
"Provided always, and be it further Enacted, by the
Authority aforesaid, That no Fine or Fines, Judgment
or Judgments, hereby made good or confirmed, shall
extend, or be construed to bar or prejudice any Person or
Persons, their Heirs or Successors, or their Feoffees or
Trustees (other than the Parties to the said Fines, and
their Heirs) as concerning such Right, Claim, and Interest, as they had in or to any Lands, Tenements,
or other Hereditaments, which, by colour of any Act,
Order, or Ordinance of both, or either Houses of Parliament, since the First Day of May, in the Year of our
Lord 1642, and before the 25th Day of April, in the
Year of our Lord 1660, were sold, conveyed, or disposed, as then, or late, the Lands, Tenements, or Hereditaments, of the King, Queen, or Prince; or of Archbishops, Bishops, Deans, Deans and Chapters, or other
Ecclesiastical Persons; or as the Lands, Tenements, or
Hereditaments, of any other Persons, for their Adherency to the late King, or his Majesty that now is;
or for any their Actings relating to, or in respect of, the
late Troubles; so always that the said Person or Persons
aforesaid, their Heirs or Successors, pursue their Title,
Claim, or Interest, by way of Action, or lawful Entry,
within Five Years next after the Nine-and-twentieth
Day of May, in the Year of our Lord 1660."
Resolved, That in the Second Line, after the Word
"Fines," and before the Word "hereby," these Words,
"Judgment or Judgments," be admitted.
Resolved, That in the Fifth Line, after the Word
"Heirs," and before the Word "as," these Words,
viz. "General, and Special, and his and their Trustees,"
be added.
Resolved, That in the Seventh Line, after the Word
"Parliament," and before the Word "since," these
Words be added; viz. "or any Convention sitting at
Westminster, under the Name or Style, or assuming the
Name or Style, of a Parliament."
Resolved, That this Proviso, so amended and altered,
be agreed unto.
The Second Proviso, sent from the Lords, was read;
and is as followeth; viz.
"And although, in this Confirmation of judicial Proceedings, it was necessary to mention divers pretended
Acts and Ordinances, by the Names and Styles which
those Persons then usurped who took upon them to pass
the same, namely, some by the Style and Name of the
Keepers of the Liberty of England, by Authority of
Parliament; and others by the Name and Style of Protectors of the Commonwealth of England, Scotland, and
Ireland, and the Dominions and Territories thereunto belonging; yet this present Parliament doth declare, and
it is Enacted by Authority of the same, That the Names
and Styles aforesaid, and every of them, are most rebellious, wicked, traiterous, and abominable Usurpations;
detested by this present Parliament, as opposite, in the
highest Degree, to his Sacred Majesty's most just and undoubted Right; to whom, and to his Heirs, and lawful
Successors, the Imperial Crowns of the Realms of England, Scotland, and Ireland, with their, and every of their
Dominions and Territories, do of Right appertain; and
as violating and infringing the just Rights and Privileges
of Parliament, and of both Houses thereof, now assembled, or that hereafter shall be called and assembled:"
Resolved, That this House doth agree with the Lords
in this Proviso.
The Third Proviso, sent from the Lords, was read;
and is as followeth:
"Provided always, That this Act extend not to confirm, and make good and valid, in Law, any pretended
Indictment or Indictments, Outlawries, Inquisitions, or
any Proceedings thereon, of High Treason, against any
Person or Persons whatsoever, for levying War against
the late Tyrant Oliver Cromwell, the pretended Keepers
of the Liberty of England, or any other usurped Power;
but that all such Indictments, and all other the Proceedings thereon, shall be void, and of none Effect in Law;
this Act, or any thing therein contained to the contrary
in any wise notwithstanding:"
Resolved, That in the First Line, after the Words
"Provided always," these Words, viz. "And be it
Enacted," be added.-
Ordered, That it be referred back to the Committee,
to consider of a Clause to be added upon this Day's Debate, concerning Inquisitions taken at Oxford; and to
report it to the House.-
Resolved, That in the First Line, after the Word
"that," and before the Word "pretended," in the
Second Line, these Words, viz. "this Act extend not
to confirm, and make good and valid, in Law, any,"
be omitted; and that, in the room thereof, these Words,
viz. "all and every," be inserted.
Resolved, That in the Third Line, after the Word
"Inquisitions," and before the Word "Proceedings,"
these Words, viz. "or any," be omitted; and that,
instead thereof, these Words, viz. "and all," be inserted.
Resolved, That in the Sixth Line, after the Word
"Power," and before the Words "shall be," these
Words, viz. "but that all such Indictments, and other
Proceedings thereupon," be omitted; and that, in the
room thereof, these Words, viz. "shall be from henceforth," be inserted.
Resolved, That in the Seventh Line, after the Word
"Law," these Words, viz. "this Act, or any thing
therein contained to the contrary in any wise notwithstanding," be omitted.
Ordered, That it be referred back to the Committee,
to amend the Clauses according to the present Debate of
the House.
He also reports an additional Clause thereunto, viz.
"And that all Grants, Conveyances, Leases, Devises,
Assurances, Statutes, Recognizances, and Judgments for
Debts, or Damages, heretofore had, made, or suffered,
by any Person, or his Heirs, whose Conviction, Utlagary,
or Attainder, is, by this Act, discharged, or made void,
shall be of the same Force and Effect, as if no such Conviction, Outlawry, or Attainder, had been."
Ordered, That Serjeant Maynard, Serjeant Glyn, Mr.
Mountague, Mr. Wingfeild, Mr. Huxley, Serjeant Hales,
Mr. Allen, Sir Edward Turner, Sir Henage Finch, be a
Committee, to withdraw, and consider of the said additional Clause, and of what was further offered upon
the Debate.
Anniversary of the Restoration.
The Bill for the perpetual Anniversary Thanksgiving
on the Twenty-ninth Day of May, being ingrossed in
Parchment, was read the Third time.
Resolved, That after these Words, in the * Line, *
"Examination in," the Word "to" be inserted.
Resolved, That the Title of this Bill be, An Act for
a perpetual Anniversary Thanksgiving on the Twenty-ninth Day of May.
And the said Bill, so amended, being put to the Question, passed.
Ordered, That Mr. Pryn do carry this Bill to the
Lords.
Lords desire a Conference.
A Message from the Lords, by Mr. Justice Atkins and
Mr. Justice Twisden;
The Lords have commanded us to signify unto you,
that they desire a present free Conference with you, in the
Painted Chamber, concerning the Act of Indemnity.
Resolved, That there be a Conference with the Lords,
as is desired.
Resolved, That Mr. Pryn do desire the Lords to grant
a free Conference upon the Poll Bill.
The Messengers were again called in; and Mr.
Speaker gave them this Answer;
The House has considered of your Message; and they
do agree to a Conference.
Ministers.
Ordered, That the Debate upon the Bill touching
Ministers be resumed To-morrow Morning, the first
Business.
Anniversary of the Restoration.
Mr. Pryn brings Answer, that he had delivered to the
Lords the Bill for the perpetual Anniversary: And also
acquainted them with the Desire of this House, of a free
Conference with them upon the Poll Bill: And that the
Lords do agree to a present Conference.
Ordered, That those who managed the last Conference,
be the Committee to manage this Conference with the
Lords: And that Sir George Reeve, Sir Tho. Widdrington, Mr. Secretary Morris, Sir Wm. Doyley, Sir Anthony
Ashley Cooper, and Mr. Allen, be added to that Committee.
Ecclesiastical Leases.
Col. King reports a Bill for restraining Archbishops,
Bishops, Deans, and other Ecclesiastical Persons, from
making of Leases or Grants of any Manors, Lands, or
Tithes, belonging to them, their Churches, or Offices:
Which was read the First time.
Resolved, That this Bill be read the Second time To-morrow Morning.
Excise.
Col. Birch reports from the Committee to whom
it was referred, Amendments to the Bill for continuing
of the Excise till the Twenty-fifth of December 1660:
Which he read, and opened in his Place; and, after,
the same were read, by the Clerk, the First and Second
time.
Pardon and Oblivion.
Resolved, That the Report of the Conference, had
with the Lords this Day, concerning the Act of General
Pardon, Indemnity, and Oblivion, be made To-morrow
Morning.
Excise.
Ordered, That next after the Report of the Conference
with the Lords, concerning the Bill of Indemnity, the
Debate concerning the Excise Bill be re-assumed; and,
till then, the same is adjourned.
Advances for the Public.
Mr. Annesley reports from the Committee to whom
several Matters in reference to his Majesty's Reception
were referred, a Particular of all such Warrants as are
charged by the said Committee, for Satisfying the Persons who have furnished Provisions, or done Work, in
order to his Majesty's Reception; and the respective Payments thereby charged, amounting to Seventeen thousand
Five hundred Eighty-seven Pounds Seven Shillings Four-pence Halfpeny; and the Desire of the said Committee,
that after Satisfaction of the said Sum, the Residue may
be employed for satisfying the Persons mentioned in the
first List annexed to the said Report, being for Monies
which they find themselves in a special Manner engaged
to endeavour to be satisfied, the Persons being employed
under them in the Time of their late being of the
Council of State, and are comprehended all but the Three
last Sums, in the Warrants of the said late Council of
State, formerly reported to this House, and by them approved: Which said first List was read; amounting,
in the Whole, to Two thousand Five hundred Twenty-five Pounds One Shilling Eight-pence; and is as followeth; viz.
|
|
|
£. |
s. |
d. |
| To Mr. Symons, Graver, for Seals, for Ireland and Scotland, in Part of 500 l.
|
250 |
- |
- |
| To Mr. Hope, Merchant, Two Bills of Exchange from Sir George Downing
|
250 |
- |
- |
| To Mr. Darnell, Clerk Assistant of the Parliament, in Part of 350 l.
|
250 |
- |
- |
| To the poorest of the Messengers of the Parliament, in Part of 952 l. 11s. 8d. |
160 |
- |
- |
| To the Messengers of the Council, their riding Charges |
263 |
4 |
10 |
| The Remainder of the Council's Officers Salary |
181 |
16 |
10 |
| To Mr. Thomas Ryder, on a Bill of Exchange from the Plenipotentiaries in the Sound
|
600 |
- |
- |
| To Mr. Roper, and Mr. Collins, Printers to the last Council |
88 |
- |
- |
| To the Porters, Gardeners, and other menial Servants at Whitehall
|
100 |
- |
- |
| To Major Babington, that brought the News about Col. Lambert
|
50 |
- |
- |
| To Sir Oliver Fleming, in Part of 130 l. remaining unpaid, of 230 l. due by Warrant of the late Council of State |
100 |
- |
- |
| To Mr. Blake, and Mr. Bradly, Messengers |
31 |
- |
- |
| To Mr. Meakin and Mr. Levin, Two poor Messengers |
20 |
- |
- |
| To Mr. Lockhart, for Coals for Dunkirke
|
135 |
- |
- |
| The Chaplain at Whitehall
|
20 |
- |
- |
| Messengers small Bills, to the last Council |
26 |
- |
- |
|
£. 2,525 |
1 |
8 |
Resolved, That this House doth approve of the Warrants, charged by the said Committee, for satisfying the
Persons who have furnished Provisions, or done Work,
in order to his Majesty's Reception; the respective Payments thereby charged; and of the Assignment of the
several Sums of Money therein contained: And it is further Ordered, That the Residue of the said Twenty thousand Pounds, over and above the Provisions and Work
aforesaid, be applied for satisfying of the Two thousand
Five hundred Twenty-five Pounds One Shilling Eight-pence, contained in the said first List; and be forthwith
paid and satisfied to the several and respective Persons in
the said List named, or their Assigns, according to the
several Sums added to the respective Names: And the
said Committee be and are hereby impowered and authorized to issue out Warrants, for the present Payment of
the said respective Sums to the several and respective Persons aforesaid, or their Assigns accordingly.