House of Commons Journal Volume 9: 28 March 1670

Lunæ, 28 die Martii , 1670.

Ashley's Estate.

AN ingrossed Bill, sent from the Lords, to enable Anthony Ashley Esquire, to levy Fines, and suffer Recoveries, was read the Second time.

Resolved, &c. That the Bill be committed to Sir Solo. Swale, Mr. Milward, Sir Robert Howard, Mr. Buscawen, Mr. Henry Seymour, Sir Gilbert Talbot, Sir Trevor Williams, Mr. Greenvile, Sir John Petthurst, Sir John Brampston, Sir John Bennett, Sir John Ernley, Sir Lanc. Lake, Colonel Birch, Mr. Mountague, Lord Williams, Mr. Tanner, Mr. Ed. Seymour, Sir John Mallett, Sir John Talbott, Sir William Doyley, Sir Jonath. Trelawny, Lord Richardson, Sir Thomas Meeres, Sir John Coriton, Sir Humphry Winch, Colonel Strode, and all the Members that serve for the several Counties of Dorset, Wilts, and Somersett: And they are to meet To-morrow at Two of the Clock in the Afternoon, in the Speaker's Chamber: And to send for Persons, Papers, and Records.

Supply Bill; Duty on Brandy.

Ordered, That these Members following be added to the Committee to which the Bill concerning Brandy is committed; Sir Wm. Bassett, Sir Ed. Hungerford, Sir Wm. Heywood, Colonel Grey, Sir Francis Clarke, Sir Hum. Wynch.

Prettyman's Debt to the Crown.

Ordered, That these Members following be added to the Committee to which Sir John Prettyman's Bill is committed; Mr. Law. Hyde, Sir Richard Powell, Sir Henry Coventry, Colonel Titus.

Privilege.

Resolved, &c. That John Woodyard, a Bailiff of Norwich, be sent for, in Custody of the Serjeant at Arms, or his Deputy, to answer his Breach of Privilege against Sir Robert Paston; and his Contempt and Breach of Privilege, in speaking contemptuous Words against this House.

Tamworth Return amended.

The Clerk of the Crown's Deputy, attending at the Door, was called in to the Table; and did there alter the Return for the Borough of Tamworth.

Yarmouth Pier.

Sir Edmund Pooley reports from the Committee to which the Bill for repairing and maintaining the Harbour and Pier of Great Yarmouth, was committed, some Amendments to be made, and some Clauses to be added, to the Bill: Which he read with the Coherence; and after delivered the same in at the Clerk's Table; and the Amendments being twice read, were, with some Alterations made at the Table, upon the Question, severally agreed to.

Resolved, &c. That the Bill, with the Amendments, be ingrossed.

Duty on Brandy.

Sir Robert Howard. . from the Committee to which the Bill for settling the Imposition on Brandy was committed, Two Amendments, by filling up the Blanks in the Bill with the Word "first;" which he delivered in at the Clerk's Table: And the same were twice read; and, upon the Question, severally agreed to.

Resolved, &c. That the Bill, with the Amendments agreed to, be ingrossed.

A Message from the Lords, by Justinian Lewen and Mr. Halsey;

Suppressing Conventicles, &c.

Mr. Speaker, The Lords have returned you Three Bills; the Bill for preventing and suppressing seditious Conventicles; a Bill for making navigable the Rivers of Brandon and Waveny; and a Bill for Naturalization of Christopher Gunman, and others; with some Alterations and Additions, to which they desire the Concurrence of this House:

Gostwick's Estate, &c.

And have commanded us to acquaint you, that they have agreed to the Bill of Sir Wm. Gostwick, and the Bill to improve Tillage and the Breed of Cattle, without any Amendment:

Union with Scotland.

And they have sent you down a Bill, intituled, An Act authorizing certain Commissioners of the Realm of England to treat with Commissioners of Scotland, for the Weal of both Kingdoms; to which they desire the Concurrence of this House.

Fees in Out Ports.

Sir Walter Young reports from the Committee appointed for the regulating of the Fees of the Offices of the Custom-house in the several Out Ports of this Kingdom, Five several Resolves, agreed by the Committee.

The Three first Resolves were twice read; and, upon the Question, severally agreed to; and are as followeth; viz.

Resolved, &c. That the Fees received in the Fourth Year of King James, where they can be made to appear, and none other, shall be taken by the Officers in the several Out Ports of this Kingdom.

Resolved, &c. That, where the said Fees of the Fourth of King James cannot be made to appear, such Fees shall be taken, by the respective Out Ports, as were established by Order of Council in the Year of our Lord 1624, and no other.

Resolved, &c. That all inferior Ports or Members shall pay the same Fees with their respective Head Ports, and none other, according to the respective Settlements in the Years aforesaid.

The First of the Two latter Resolves was twice read; and is as followeth:

Resolved, &c. That the Table of Fees delivered in to this Committee for the Port of Sandwich, and the Members thereof, being mutually agreed unto, both by the Merchants and Officers of the Customs, be presented to the House: And that the House be desired to direct and authorize the Speaker to sign the said Table; and to establish it as a Rule for the future Payment and receiving of Fees in the said Port.

And the Matter of the Resolve being debated;

Resolved, &c. That the Matter of this Resolve be recommitted to the former Committee; to hear the Parties concerned; and to consider of the Resolves and Debates of the House; and to certify it, with their Opinions therein, to the House.

The last of the Resolves was twice read; and is as followeth; viz.

Resolved, &c. That the Case of Whitehaven, in the County of Cumberland, being a new Port, and for which no Fees were settled, either in the Fourth Year of King James, or in the Year of our Lord 1624, be specially reported to the House; together with the Opinion of this Committee, That the Fees thereof should be regulated according to the Establishment of the Port of Westchester; which is the nearest Head Port thereunto adjoining.

And the Matter of the said Resolve being debated;

Resolved, &c. That the Matter of this Resolve be recommitted to the former Committee; to hear the Parties concerned; and to consider of the Resolves and Debates of the House; and to certify it, with their Opinions therein, to the House.

Resolved, &c. That the Committee be revived; and do sit To-morrow at Two of the Clock, in the Place formerly appointed; And are also to take into Consideration the Table of Fees, tendered for the City of Bristoll; and also to look into the Table of Fees in Quarto Jacobi, as to the Fees of the Port of London; and to inquire what Fees are now taken; and whether there be any Exaction in the taking of Fees; and certify their Opinions therein to the House.

Heath's Petition.

Ordered, That the Report of the Committee to which Sir John Heath's Petition was committed, be heard To-morrow Morning.

Suppressing Conventicles.

The House then proceeded to the reading the Amendments, and Provisoes, and Clauses, sent from the Lords, to be added to the Bill for preventing and suppressing seditious Conventicles: Which Amendments and Clauses were twice read; and, upon the Second Reading, some agreed, upon the Question; others rejected; and others postponed.

The First Paragraph of the First Proviso to be added to the Bill, was read the Second time; relating to the Attachment or Imprisonment of a Peer.

The Question being put, To agree to this Paragraph;

It passed in the Negative.

The other Paragraph or Proviso, relating to the Saving the King's Supremacy and Prerogative, was read the Second time.

The Question being put, To agree to this Part of the Proviso; "or to destroy any of His Majesty's Rights, Powers or Prerogatives belonging to the Imperial Crown of this Realm, or at any time exercised and enjoyed, or which might have been exercised or enjoyed by himself, or any of his Majesty's Predecessors, Kings or Queens of England;"

It passed in the Negative.

The Question being put, To agree to these Words in the Lords Proviso; viz. "or any other Law, Statue or Usage to the contrary;"

The House divided.

And so it passed in the Negative.

The Question being put, To agree to these Words in the Amendment; "And be it further Enacted, by the Authority aforesaid;"

It passed in the Negative.

The Question being put, To agree . . that Part of the Amendment; viz. "Provided also, that this Act, nor any thing therein contained, shall extend to invalidate or avoid his Majesty's Supremacy in Ecclesiastical Affairs;"

It was resolved in the Affirmative.

The Words "such and aforesaid" being struck out, and the Words "Ecclesiastical Affairs" inserted in the remaining Part of the Proviso;

The Question being put, To agree to the rest of the Proviso amended;

It was resolved in the Affirmative.

Ordered, That it be referred to a Committee, to consider of the Amendments, sent from the Lords, to the Bill against Conventicles, which were postponed by this House; and the Debates of this House thereupon; and to bring in such Amendments to be made thereto, as they shall find necessary.

And it is referred to Sir Jo. Brampston, Sir Tho. Meeres, Sir Cha. Wheeler, Colonel Sands, Mr. Milward, Doctor Burwell, Serjeant Maynard, Mr. Steward, Mr. Waller, Sir Wm. Coventry, Sir Phil. Musgrave, Mr. Seymour, Mr. Solicitor General, Col. Strode, Mr. Treasurer, Sir Robert Carr, Sir Tho. Littleton, Sir Jo. Birkenhead, Sir Jo. Duncombe, Sir Jo. Knight, Sir Richard Temple, Mr. Crowch, Sir Tho. Gower, Mr. Vaughan, or any Five of them. And they are to meet this Afternoon at Six of the Clock, in the Speaker's Chamber, for the Purpose aforesaid.

And then the House adjourned till To-morrow Morning, Eight of the Clock.