Journal of the House of Commons: Volume 7, 1651-1660. Originally published by His Majesty's Stationery Office, London, 1802.
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Wednesday, February 15th, 1659.
Letters, &c. read.
LETTERS from Colonel Overton, from Hull, of the 12th of February 1659; and a Declaration for the secluded Members, or a free Parliament, and against Paying of Taxes, under the Hands of several Gentlemen in Yorkeshire; and a Letter, directed to General Monck; were read.
Ordered, That the said Letters be referred to the Council of State.
Whereas the Name of Richard Barton, in the additional Act for Sequestrations, is mistaken; his Name being Henry and not Richard: It is Ordered, That the Name being so mistaken, be amended by the Clerk of the Parliament.
Commissioners of Assessment.
Ordered, That Edward Sealy, Morris Berkley, and John Bampfeild, be and are hereby, nominated and appointed Commissioners for the Assessment in the County of Somersett: And that they, and every of them, be, and are hereby, impowered and authorized to sit and act as Commissioners for the Assessments, as fully, to all Intents and Purposes, as if they had been rightly named, in the Act, intituled, An Act for an Assessment of One hundred thousand Pounds by the Month, upon England, Scotland, and Ireland, for Six Months; their Names being mistaken in the said Act.
Ordered, That John Browne, Job Gibson, and Henry Phillipps, be and are hereby, nominated and appointed Commissioners for the Assessment in the County of Bucks: And that they and every of them, be and are hereby, impowered and authorized to sit and act as Commissioners for the Assessments, as fully, to all Intents and Purposes, as if they had been named in the Act intituled, An Act for an Assessment of One hundred thousand Pounds by the Month, upon England, Scotland, and Ireland, for Six Months.
Ordered, That Sir Francis Norris be, and is hereby, nominated and appointed to be a Commissioner for the Assessments in the County of Oxford: And that he be, and is hereby, impowered and authorized to sit and act as a Commissioner for the Assessments, as fully, to all Intents, as if he had been named in the late Act, intituled, An Act for an Assessment of One hundred thousand Pounds, by the Month, upon England, Scotland, and Ireland, for Six Months.
Alderman Atkin made known to the Parliament, A Paper, of several Informations given in to the Lord Mayor and Aldermen of the City of London; with the Desire of the Lord Mayor and Aldermen, That the same being scandalous to divers Members of Parliament, may be examined.
Ordered, That the said Paper be referred to a Committee; to examine the Parties, who gave in the said Informations to the Lord Mayor and Aldermen; and to state Matter of Fact; and report it to the Parliament: Viz. unto Sir Arthur Hesilrig, Lord Commissioner Lisle, Colonel Lister, Alderman Atkin, Alderman Pennington, Mr. Robinson, Sir Henry Mildmay, Mr. Brewster, Mr. Leman, Mr. Boone, Mr. Weaver, Mr. Blagrave, Mr. Oldsworth, Colonel Dove, Colonel Fagg, Colonel Birch, Colonel Peter Temple, Mr. Nevill, Mr. * Darley, Colonel Waite, Colonel Harvey, Colonel Lassells, Sir John Bourchier, Colonel Fleetwood, Sir Wm. Brereton, Mr. Cawley, Mr. Baker, Mr. Gurdon, Colonel Martin; or any Five of them: And are to meet in the Inner Court of Wards, at Three of Clock in the Afternoon: With Power to send for Persons, Papers, Witnesses; and what else may conduce to the Business.
The Parliament this Day resumed the Debate upon the Qualifications of Members to sit and serve in Parliament.
And the next Clause; viz. "And be it further Enacted, That all Votes given, and Elections made, contrary to, and not agreeing with, the Qualifications aforesaid, shall be void, and of none Effect: And that if any Person or Persons, so uncapable, as aforesaid, shall give his or their Vote for Election of Members to serve in Parliament, all and every such Person and Persons, so electing, shall lose and forfeit One Year's Value of his and their respective real Estates, and One full Third Part of his and their respective personal Estates; the One Moiety thereof to the Commonwealth, and the other Moiety to him or them who shall sue for the same in any Court of Record, by Action of Debt, Bill, Plaint, or Information; wherein no Essoign, Wager of Law, or Protection, shall be allowed;" was read; and, upon the Question, agreed unto.
Ordered, That Mr. Say, Mr. Attorney-General, Mr. Nevill, Mr. Justice Hill, Colonel Lister, Mr. SolicitorGeneral, or any Three of them, do withdraw; and pen a Clause, or amend this Clause, upon the Debate of the House; viz. "And be it further Enacted, That if any Person or Persons shall be elected to serve as a Member of Parliament, that shall not be qualified as aforesaid, or that is made uncapable by this Act; and shall presume, upon such Election, to sit in Parliament; that such Person and Persons shall lose and forfeit the Sum of One thousand Pounds; the one Moiety thereof to the Use of the Commonwealth, the other Moiety to the Use of such Person or Persons as shall sue for the same in any Court of Record by Action of Debt, Bill, Plaint, or Information; wherein no Essoign, Wager of Law, or Protection, shall be allowed."
Ordered, That it be referred to the said Committee, to consider, How the Engagement, passed Yesterday, may be made one of the Qualifications for Members that shall be elected to sit and serve in Parliament.
And the next Clause, beginning with these Words; viz. "And forasmuch;" and ending with these Words; viz. "at their own Homes;" was read.
The Question being put, That this Clause do stand in the Qualifications;
It passed with the Negative.
And the next Clause; viz. "Be it therefore Enacted, That no Person or Persons, proposed to be elected as a Member of Parliament for any County, City, Borough, or Place, shall, from and after the First Day of February 1659, give or promise any Entertainment unto the Electors; but that they do forthwith proceed to the Determination of the Elections; to the end the Country may, with all convenient Speed, be dismissed;" was read.
Resolved, That the Word "and" be inserted in the Beginning of this Clause; and the Word "further" inserted, instead of the Word "therefore;" and that the Word "proposed," in the Second Line of this Clause, be omitted.
Resolved, That the Words "directly or indirectly, by himself or others," be inserted, between the Word "promise," and the Word "any" in the Fourth Line of this Clause; and that the rest of the Clause, following the Word "Electors," in the same Line, be omitted; and these Words; viz. "before or after the Election made;" inserted instead thereof: And the said Clause, so amended, was, upon the Question, agreed unto.
Resolved, That for the Filling up of the Parliament, Writs do issue forth to the several Counties, Cities, and Boroughs, in England and Wales, according to usual Course, as hath been anciently accustomed.
Ordered, That it be referred to the same Committee to whom it was formerly referred; to present for what Counties, Cities, and Boroughs, the Members now sitting do serve; and also present the Names of such Members as serve for the same, To-morrow Morning.
Ordered, That the Bill for Qualifications be ingrossed.
Ordered, That Colonel Edmund Syler, Colonel Leonard Lytcott, and Colonel Samuell Atkins, be, and are hereby, constituted and appointed Commissioners for Excise and Customs, at Leith, in Scotland: And that they, or any Two of them, are hereby authorized, from time to time, to inspect and direct the Officers for collecting the Excise and Customs, in the other Parts of Scotland: And they are also to pursue and execute the former Instructions given to Commissioners for collecting Excise and Customs in that Nation, until the Parliament give further Order.
The Lord Commissioner Widdrington reports, An Act appointing an Engagement to be taken by the Members of the Council of State: Which was this Day read the First and Second time; and, upon the Question, committed to Mr. Corbet, Mr. Leaman, Mr. Darley, Mr. Challoner, Mr. Millington, Lord Chief-Baron Wild, Mr. Justice Hill, Colonel Fagg, Mr. Weaver, Colonel James Temple, Colonel Morley, Mr. Dormer; or any Five of them: And are to meet this Afternoon, at Four of Clock in the Speaker's Chamber; And are to bring it in Tomorrow Morning, the first Business: And Mr. Dormer is to take care of it.