Tuesday, August 28th, 1660.
Prayers.
Somerset Dukedom.
ORDERED, That Sir Thomas Clergis, Sir John
Northcot, Sir Ralph Knight, Sir John Clobery, Sir
George Downing, Mr. Morgan, Lord Howard, Lord
Angiers, Lord Castleton, Mr. Yong, be added to the
Lord Hertford's Committee.
Common Pleas.
A Bill for the Confirmation of certain Officers in the
Court of Common Pleas, in their respective Offices, was
this Day read the First time; and, upon the Question,
ordered to be read the Second time on Thursday Morning next.
Presentations.
Ordered, That whereas the Committee to whom the
Proviso touching Presentations is referred, did appoint a
Sub Committee to attend the Lord Chancellor; who
attended his Lordship accordingly; and are ready to
make their Report;
Ordered, That the said Committee do withdraw, and
receive the Report to be made by the said Sub Committee.
Earl of Bristoll's Claim.
A Bill, ingrossed, sent from the Lords, towards the
Reparation and Satisfaction to be made unto George
Earl of Bristoll, out of the Manors and Lands of Carew
Raleigh, for the Sum of Six thousand Five hundred Pounds,
was this Day read the First time.
Earl of Newcastle.
A Bill, ingrossed, sent from the Lords, for restoring
unto Wm. Earl of Newcastle, all his Honours, Manors,
&c. whereof he was in Possession on the Twentieth of
May 1642, or at any time since, was this Day read the
First time.
Earl of Winchelsea's Estate.
A Bill for settling the Priory of Wootton, and other
Lands, belonging to the Earl of Winchelsea, in the
County of Yorke, in the Hands of Trustees, for the Payment of Debts, was this Day read the First time.
Ordered, That the said Three Bills be read the Second
time To-morrow Morning.
Lord Gerrard.
A Bill, ingrossed, sent from the Lords, intituled, An
Act for restoring to Charles Lord Gerrard, Baron of
Brandon, all his Honours, Manors, Lands, Tenements,
and Hereditaments, whereof he was in Possession on the
Twentieth Day of May 1642, or at any time since, was
this Day read the First time.
Ordered, That this Bill be read the Second time Tomorrow Morning.
Royston Vicarage.
Mr. Mountague reports Amendments to the Bill for
Maintenance of a Vicar in Royston: Which were twice
read; and, upon the Question, agreed unto.
Ordered, That the said Bill, so amended, be ingrossed.
Lord's Day.
Resolved, That the Bill for the better Observation of
the Lord's Day, be now read.
The said Bill for better Observation of the Lord's
Day, was this Day read the Second time; and, upon the
Question, committed unto Serjeant Littleton, Sir Henage
Finch, Sir Edward Turner, Sir Wm. Wheeler, Colonel
Birch, Mr. Chafe, Sir Lancelot Lake, Sir Wm. Wild, Mr.
Edward Stephens, Mr. Lowther, Mr. Crowch, Sir John
Marsham, Lord St. John, Sir George Booth, Sir Gilbt.
Gerrard, Colonel Gerrard, Mr. Ellison, Sir Henry Croft,
Mr. Baker, Mr. Windham, Mr. Holles, Sir John Lowther, Mr. Pryn, Dr. Cleyton, Sir Edward Deering, Sir
Solomon Swaile, Sir Henry North, Colonel Harley, Mr.
St. Aubin, Sir Anthony Ashley Cooper, Sir Ralph Ashton,
Sir Roger Bradshaw, Serjeant Maynard, Mr. Bulkley,
Mr. Grove, Sir Richard Onslow, Colonel King, Sir Anthony Irby, Mr. Rivers, Sir Edm. Bowyer, Mr. Minors,
Mr. Swinfin, Sir Ralph Knight, Mr. Annesley, Mr. Yong,
Sir Wm. Frederick, Sir Wm. Vincent, Major Hales, Mr.
Brampston, Sir Tho. Meeres, Mr. Bampfeild, Sir Capel
Luckin, Mr. Throckmorton, Sir * Savile, Serjeant Glyn,
Colonel Willoughby, Mr. Pierrepont, Sir John Temple,
Sir Wm. Lewis, Sir Tho. Clerges, Sir John Bowyer, Mr.
Rolls, Sir Wm. Doyley, Mr. Hilton, Mr. Crowch, Mr.
Culliford, Sir Tho. Wharton, Mr. Rainsford, Mr. Huxley, Sir Henry Oxendon, Mr. Charlton, Colonel Morley,
Mr. Rigby, Major Tolhurst, Colonel Bendos, Colonel
Grey: And they are to meet To-morrow in the Afternoon, at Two of the Clock, in the Exchequer Chamber:
And Sir Wm. Wheeler is to take care hereof.
Pardon and Oblivion.
Resolved, That Mr. Serjeant Glyn go on with the Report from the Committee, to examine the Coherence of
the Amendments with the Bill of General Pardon.
Mr. Serjeant Glyn reports, that the Committee have
put in Order all the Amendments, and made them to
cohere; and amended the Bill accordingly.
Resolved, That Sir John Bourchier be inserted into the
Bill, amongst the dead Persons; and that he be struck
out, where he is now inserted.
Resolved, That Colonel Adrian Scroope do stand generally excepted; and struck out of the Clause where he
stood amongst those that rendered themselves.
Resolved, That these be the Names; viz. Owen Roe,
Augustine Garland, Edmund Harvey, Henry Smith,
Henry Marten, Sir Hardresse Waller, Rob. Titchborne,
George Fleetwood, James Temple, Thomas Waite, Symon
Meyne, Wm. Heveningham, Isaac Pennington, Peter
Temple, Robert Lilburne, Gilbert Millington, Vincent
Potter, Tho. Wogan, and John Downes; to be inserted
into the Clause sent down from the Lords, for suspending
Execution, in case of Attainder, till a future Act shall
pass for that Purpose.
Resolved, That the Name of the Lord Grey be left out
of this Bill.
The Amendments, sent from the Lords at the Conference 16th August instant, viz. 9 Skin, 1st Line, were
read; and agreed.
The Amendments, 9 Skin, Line 26, 43, 52, and
10th Skin, 1 Line, were read; and agreed unto.
The Amendments to the first Proviso, touching Sir
Henry Vane, and others, were read; and the said Proviso,
so amended, being put to the Question, was agreed unto;
being, with the Amendments, as followeth:
"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, or
John Lambert, or either of them; but that they, and
either of them, are, and shall be, out of this present Act,
wholly excepted and foreprized."
The Third Proviso, sent down by the Lords, touching
Edmond Waring, Wm. Wyberd, John Blackwell, and
Colonel Thomas Croxton, was agreed to be laid aside.
A Proviso was tendered to this Bill, that no Person
excepted out of this Act for Life, shall be proceeded
against for any other Treason or Offence, but only for
the most detestable Treason and Murder of his late Majesty King Charles the First; and such other Treason or
Treasons, Crimes or Offences, as have been committed
since the Fifth Day of December 1648: Which was read
the First time:
And the Question being put, That this Proviso be read
the Second time;
The House was divided:
The Yeas went forth.
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Mr. Hollys, |
Tellers for the Yeas: |
102. |
| Mr. Annesley, |
With the Yeas, |
| Lord Herbert, |
Tellers for the Noes: |
134. |
| Sir Daniel Harvey, |
With the Noes, |
So it passed with the Negative.
Ordered, That Mr. Serjeant Glyn do carry up the Bill
of General Pardon, Indemnity, and Oblivion, to the
Lords, with the Amendments.
Lords reminded of Bills.
Ordered, That Mr. Serjeant Glyn do put the Lords in
mind to dispatch the Bills for Confirmation of the fundamental Laws; the Bill for preventing the taking of
excessive Usury; the Bill for the perpetual Anniversary;
and the Bill for indemnifying certain Officers of Courts of
Justice: And to signify to their Lordships, that, upon
his Majesty's coming to the House to pass the Bill of
Indemnity, &c. this House will be ready to bring up
the Poll Bill: And that he desire the Lords to sit this
Afternoon.
Somerset Dukedom.
Ordered, That Sir Wm. Hickman, Mr. Earnley, Sir
Edward Deering, be added to the Committee for the
Marquis of Hertford's Bill.
Sir H. Vane, and Lambert.
Ordered, That it be referred to the Committee who
managed the last Conference with the Lords, to draw a
Petition to his Majesty, in the Name of both Houses,
for his Majesty's pardoning of Sir Henry Vane, and
Colonel Lambert, as to Life; according to what was
offered by the Lords in that Behalf, at the late Conference.
Settling Ministers.
Mr. Thomas reports from the Committee to whom the
Proviso tendered to the Bill for settling Ministers touching the Presentations passed under the Great Seal, in dead
and vacant Places, the State of the Matter of Fact;
That a Sub Committee was appointed by the said
Grand Committee, to wait upon the Lord Chancellor, to
know what Presentations have been passed under the
Great Seal, in Livings wherein Persons are in Possession,
upon Death of the late Incumbents; who waited upon
his Lordship accordingly: And his Lordship delivered in
two Papers; in one whereof is the Names of such as he
hath presented, under the Great Seal, which are not in
Possession; and in the other, such to whom he hath
granted the Seal for Confirmation, being then in Possession.
Bills delivered to Lords.
Serjeant Glyn brings Answer, that he had delivered
the Bill of Indemnity to the Lords, according to the
Order of this House; and that, to the Bill of Oblivion,
the Lords will send Answer by Messengers of their own:
And that the Bill for Confirmation of judicial Proceedings, and the Bills for the perpetual Anniversary, and for
preventing excessive Usury, are all passed; together with
a private Bill for Naturalization: But they think it not
convenient to sit in the Afternoon.
Lords desire a Conference.
A Message from the Lords, by * * * *, Two
Masters of Chancery;
Mr. Speaker, The Lords desire a free Conference with
this House, presently, in the Painted Chamber, upon the
Bill of Indemnity sent from this House.
Ordered, That a present free Conference be granted
with the Lords, as is desired.
The Messengers were again called in; and Mr. Speaker
gave them this Answer;
The House hath considered of your Message; and do
agree to a free Conference, as is desired.
Ordered, That the same Committee who managed
the last Conference be appointed to manage this Conference: And that Mr. Serjeant Glyn be added to that
Committee.
Settling Ministers.
Ordered, That the Debate upon the Bill for settling
Ministers be resumed To-morrow Morning, at Nine of
Clock.
Ordered, That the Committee to whom the Proviso
tendered for Ministers, and the stating of Fact, touching
Presentations to Places where the last Incumbents are
dead, be revived; and do meet this Afternoon: And
that they inform themselves, what Livings, above Value,
are granted; and to report the same To-morrow
Morning.
Conference with Lords.
Annesley reports the Conference had with the
Lords: That the Lords took Exceptions against Sir Hardresse Waller's being entered among those that rendered
themselves on the Proclamation; conceiving, that he had
absented himself since his coming in; in which Point the
Committee gave their Lordships Satisfaction: And that
the Name of Mr. Carew was inserted amongst the Names
of the Persons that surrendered themselves; whereas he
was not named in the Proclamation, and was a Prisoner
before the Proclamation issued; and so could not be
within the Intention of the Proclamation, nor ought to
stand among those that rendered themselves: And that
the Lords desire the Provisoes sent from the Lords, as
amended by the Commons, may be affixed to the Bill,
in their proper Place: That, on the Return of the Bill
back to them, they will give thereunto a quick Dispatch.
The Question being put, To agree with the Lords, as
to Mr. Carew;
The House was divided:
The Yeas went forth.
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Mr. Annesley, |
Tellers for the Yeas: |
80. |
| Lord Herbert, |
With the Yeas, |
| Lord Angier, |
Tellers for the Noes: |
70. |
| Lord St. John, |
With the Noes, |
So it was Resolved, That this House doth agree with
the Lords, as to Mr. Carew; and the Schedule was
amended accordingly.
Pardon and Oblivion.
Ordered, That Mr. Holles do carry up the Bill of General Pardon, Indemnity, and Oblivion, to the Lords,
as it was now amended: And desire the Lords, humbly
to intreat his Majesty, that he will be pleased to come to
the House To-morrow Morning, to pass this Bill of
General Pardon; and the Bills touching Usury, judicial
Proceedings, Anniversary: And then this House will
bring up the Bill for Poll Money.
Mr. Holles brings Answer, that, according to the Commands of the House, he carried the Bill of General
Pardon to the Lords; and they will move his Majesty,
that he will be pleased to come To-morrow Morning, to
pass the Bills, as is desired.
Marq. of Winchester's Estate.
The Question being put, That the Committee to whom
the Bill touching the Marquis of Winchester is referred,
do meet, and sit this Afternoon;
The House was divided:
The Yeas went forth.
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Sir John Holland, |
Tellers for the Yeas: |
50. |
| Mr. Stanley, |
With the Yeas, |
| Mr. Hungerford, |
Tellers for the Noes: |
49. |
| Mr. Shapcot, |
With the Noes, |
So it was Resolved, That the Committee to whom the
Bill touching the Marquis of Winchester is referred, do
meet, and sit this Afternoon.