House of Commons Journal Volume 8: 28 August 1660

Pages 138-140

Journal of the House of Commons: Volume 8, 1660-1667. Originally published by His Majesty's Stationery Office, London, 1802.

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In this section

Tuesday, August 28th, 1660.


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.


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.

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.

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.

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.