House of Commons Journal Volume 8: 5 May 1660

Saturday, May 5th, 1660.

Prayers.

Continuing Parliament.

A BILL ingrossed, for continuing this present Parliament, was, this Day, read the Third time.

Resolved, That this be the Title of the Bill, viz. An Act for removing and preventing all Questions and Disputes, concerning the Assembling and Sitting of this present Parliament:

And the said Bill, being put to the Question, passed.

Ordered, That Mr. Finch do carry up this Bill to the Lords.

Deferring Easter Term.

Mr. Francis Bacon reports a Declaration, concerning the putting off some Part of the next Easter Term, until Quinque Pasche; which was read, and committed unto Serjeant Hales, Sir Tho. Widdrington, Mr. Weston, Serjeant Glyn, Mr. Pryn, Mr. Turner, Mr. Charleton, Mr. Francis Bacon; who are presently to withdraw, and amend the said Declaration upon the Debate had in the House.

Truro Election.

Mr. Turner reports from the Committee for Privileges and Elections, touching the double Return for the Borough of Truro in the County of Cornwall, that the Warrant was directed to the Mayor and Burgesses; who returned, in one Indenture, Edward Boscawen Esquire, together with Walter Vincent Esquire (who is returned in both the Indentures) and the Committee's Opinion, that Edward Boscawen Esquire is returned by the proper Officer, and ought to fit, till the Merits of the Cause shall be determined.

Resolved, That this House doth agree with the Committee, that Edward Boscawen Esquire, being returned by the proper Officer to serve in this Parliament, for the Borough of Truro, in the County of Cornwall, do fit, till the Merits of the Cause be determined.

Helston Election.

He also reports from the said Committee, touching the several Returns for the Borough of Helston in the County of Cornwall, that Anthony Rowse Esquire, and Alexander Penhellick Esquire, are returned by the proper Officer, in Two several Indentures; and the Opinion of the Committee, that they ought to fit, till the Merits of the Cause be determined.

Resolved, That this House doth agree with the Committee, that the said Anthony Rowse and Alexander Penhellick do sit in this House, until the Merits of the Cause be determined.

Bodmyn Election.

Mr. Turner also reports from the said Committee, touching the double Return for the Borough of Bodmyn in the County of Cornwall, that Hender Roberts and John Scilly are returned by the proper Officer; and the Opinion of the Committee, that they ought to fit, till the Merits of the Cause be determined.

Resolved, That this House doth agree with the Committee, that the said Hender Roberts and John Scilly do sit in this House, till the Merits of the Cause be determined.

Camelford Election.

Mr. Turner also reports from the said Committee, touching the several Returns for the Borough of Camelford in the County of Cornwall, that Peter Kelligrew and Samuell Trelawney Esquires are returned by the proper Officer, by Two several Indentures; and the Opinion of the Committee, that they ought to fit, till the Merits of the Cause be determined.

Resolved, That this House doth agree with the Committee, that the said Peter Kelligrew and Samuell Trelawny do sit in this House, till the Merits of the Cause be determined.

St. Ives Election.

He also reports from the said Committee, touching the several Returns for the Borough of St. Ives in the County of Cornwall, that John Seyntaubin and James Praed Esquires are returned by the proper Officer; and the Opinion of the Committee, that they ought to fit, till the Merits of the Cause be determined.

Resolved, That this House doth agree with the Committee, that the said John Seyntaubin and James Praed do sit in this House, till the Merits of the Cause be determined.

Loswithell Election.

He also reports from the said Committee, touching the double Return for the Borough of Loswithell in the County of Cornwall, that John Cleyton and Walter Moyle Esquires are returned by the Mayor, by one Indenture, and that Henry Ford Esquire is returned by the Mayor by another Indenture; and the Opinion of the Committee, that none of the said Persons ought to fit, till the Merits of the Cause be determined.

Resolved, That this House doth agree with the Committee, that none of the said Persons do sit in this House, till the Merits of the Cause be determined.

Resolved, That the Mayor of the Borough of Loswithell in the County of Cornwall be summoned to appear, at the Bar of this House, on Monday next come Fortnight, to answer his Misdemeanour, in making an insufficient Return of Members to serve in this present Parliament for the said Borough: And that he bear the Charge of the said Summons.

St. Mawes Election.

Mr. Turner also reports from the said Committee, touching the several Returns for the Borough of St. Mawes in the County of Cornwall, that Wm. Tredingham and Arthur Spry Esquires are returned by the proper Officer, by two several Indentures; and the Opinion of the Committee, that they ought to fit, till the Merits of the Cause be determined.

Resolved, That this House doth agree with the Committee, that the said Mr. Tredingham and Mr. Spry do fit in this House, till the Merits of the Cause be determined.

Eastlow Election.

Mr. Turner also reports from the said Committee, touching the double Return for the Borough of Eastlow in the County of Cornwall, that the Mayor of the said Borough had, under his Hand and Seal, returned Henry Seamour and Jonathan Trelawny Esquires by one Indenture, and George Trelly and Nathaniel Moyle by other Indenture; and the Opinion of the Committee, that none of the said Persons ought to fit, till the Merits of the Cause be determined.

Resolved, That this House doth agree with the Committee, that none of the said Persons do sit in this House, till the Merits of the Cause be determined.

Resolved, That the Mayor of the Borough of Eastlow in the County of Cornwall be summoned to appear, at the Bar of this House, on Monday next come Fortnight, to answer his Misdemeanour, in making an insufficient Return of Members to serve in this present Parliament for the said Borough: And that he bear the Charge of the said Summons.

Leskard Election.

Mr. Turner also reports from the said Committee, touching the double Return for the Borough of Leskard in the County of Cornwall, that John Connock and John Robinson Esquires are returned by the proper Officer; and the Opinion of the Committee, that they ought to fit, till the Merits of the Cause be determined.

Resolved, That this House doth agree with the Committee, That the said Mr. Connock and Mr. Robinson do sit in this House, till the Merits of the Cause be determined.

Michell Election.

Mr. Turner also reports from the said Committee, touching the several Returns for the Borough of Michell in the County of Cornwall, that Thomas Carew Esquire and Henage Finch Esquire are returned by the proper Officer by several Indentures; and the Opinion of the Committee, that they ought to fit, till the Merits of the Cause be determined.

Resolved, That this House doth agree with the Committee, that the said Mr. Carew and Mr. Finch do sit in this House, till the Merits of the Cause be determined.

Michell Writ.

Mr. Finch, being elected to serve as a Member in this present Parliament, for the City of Canterbury in the County of Kent, and also for the Borough of Michell in the County of Cornwall, declares, that he makes Choice to serve for the City of Canterbury, and waves his Election for the Borough of Michell aforesaid.

Ordered, That a new Writ be issued for the Election of a Burgess, to serve in this present Parliament, for the Borough of Michell aforesaid; and that Mr. Speaker do send his Warrant to the Clerk of the Crown in Chancery, for the Issuing of a new Writ for the Election of a Burgess to serve in this present Parliament for the said Borough of Michell: And the Lords Commissioners of the great Seal, or any Two of them, are hereby required to issue out, and pass the same, under the Great Seal accordingly.

Launceston Election.

Mr. Turner reports from the Committee for Privileges and Elections, touching the double Return for the Borough of Launceston in the County of Cornwall, that Thomas Gewen and Edward Elliot, Esquires, are returned by the proper Officer; and the Opinion of the Committee, that they ought to sit, till the Merits of the Cause be determined.

Resolved, That this House doth agree with the Committee, that the said Mr. Gewen and Mr. Elliot, do fit in this House, till the Merits of the Cause be determined.

Tregony Election.

Mr. Turner also reports touching the several Returns for the Borough of Tregony in the County of Cornwall, that Sir John Temple, Knight, and Edward Boscawin, Esquire, are returned by the proper Officer; and the Opinion of the Committee, that they ought to sit, till the Merits of the Cause be determined.

Resolved, That this House doth agree with the Committee, that the said Sir John Temple and Mr. Boscawin, do sit in this House, till the Merits of the Cause be determined.

Melcombe Regis Election.

Mr. Turner also reports from the said Committee, touching the double Return for the Borough of Melcombe Regis in the County of Dorset, that, upon Examination of the Fact, it appeared to the Committee, that Peter Middleton, Merchant, returned by one Indenture, had more Voices, of those that had Right to elect Burgesses to serve for the said Borough, than Samuell Bond, Esquire, who is returned by another Indenture; and the Opinion of the Committee, that the said Peter Middleton is duly elected, and ought to fit.

Resolved, That this House doth agree with the Committee, that the said Peter Middleton is duly elected to serve for the said Borough, and ought to fit.

Cheping Wiccomb Election.

Mr. Turner also reports from the said Committee, touching the double Return for the Borough of Cheping Wiccomb in the County of Bucks, that, upon Examination of the Fact, it appeared to the Committee, that Richard Browne, Esquire, returned by one Indenture, had more Voices, of Persons capable to elect Burgesses to serve for the said Borough, than Thomas Scot, Esquire, who is returned by another Indenture; and the Opinion of the Committee, that the said Mr. Browne is duly elected, and ought to sit.

Resolved, That this House doth agree with the Committee, that the said Richard Browne is duly elected for the said Borough, and ought to sit.

Ordered, That the Clerk of the Crown in Chancery do attend, at the Bar of this House, with the Returns for the Borough of Cheping Wiccomb in the County of Bucks, on Monday Morning next; and that the Mayor of Wiccomb aforesaid, do then also attend, in order to his Amendment of the said Returns.

Gatton Election.

Mr. Turner also reports from the Committee for Privileges and Elections, touching the several Returns for the Borough of Gatton, in the County of Surrey, that, upon Examination of the Fact, it appeared to the Committee, that Thomas Turgis, Wm. Oldfeild, and Roger James, Esquires, who were returned by Two several Indentures, had all of them equal Votes; and that Robert Wood, Esquire, who is returned in the same Indenture with the said Robert James, had the Minority of Votes; and the Opinion of the Committee, that the whole Election is void.

Resolved, That this House doth agree with the Committee, that the said Election is void.

Gatton Writ

Ordered, That a new Writ be issued for the Election of Burgesses to serve in this present Parliament for the Borough of Gatton in the County of Surrey; and that Mr. Speaker do send his Warrant to the Clerk of the Crown of Chancery, for the issuing of a new Writ for the Election of Burgesses to serve in Parliament for the said Borough: And that the Lords Commissioners of the Great Seal, or any Two of them, are hereby required to issue out, and pass the same, under the Great Seal accordingly.

Deferring Easter Term.

Mr. Francis Bacon reports Amendments to the Declaration for putting off some Part of Easter Term; which were read; and the said Declaration, so amended, being put to the Question, was agreed unto.

Resolved, That the Lords Concurrence be desired to this Declaration; and that Mr. Bacon do carry this Declaration to the Lords, for their Concurrence.

Great Seal- Proceedings in King's Name.

Resolved, That in all Cases where the Great Seal of England shall be necessary to be used, all Proceedings shall go in the King's Name.

Ordered, That it be referred to a Committee, to consider, from what Time all Proceedings shall commence in his Majesty's Name; and what Seal shall be for the present used; viz. Col. Clobery, Mr. Annesley, Mr. Turner, Mr. Finch, Sir Henry Yelverton, Sir Rich. Onslow, Col. King, Col. Bowyer, Sir Walter Earle, Sir Anthony Irby, Sir Anth. Ashley Cooper, Serj. Hales, Ld. Commissioner Widdrington, Mr. Pryn, Serj. Twisden, and all the Gentlemen of the Long Robe: And this Committee are to meet at Two of the Clock this Afternoon, in the Speaker's Chamber.

Officers of Justice, &c.

Mr. Annesley reports from the Council of State, to the Tenor following; viz. The Council of State being informed, that there are Distempers in several Parts of this Kingdom; and that unquiet Spirits may make an Advantage to foment new Troubles and Distractions, by Pretence, or Colour, that the Sheriffs, and other publick Ministers of Justice, are not impowered, in this present Juncture of Affairs, with sufficient Authority to dispense the ordinary Acts of Justice belonging to their respective Places, for preserving of the publick Peace; they [do] therefore humbly move, that the Parliament will please to pass a Declaration for requiring all Officers of Justice to attend the Duties of their Places, as by their Commissions they are enjoined; that so the publick Peace may be the better secured, and the Justice of the Nation carried on without Interruption.

Ordered, That a Declaration, or Proclamation, be prepared, to the Effect of the said Report; and that it be referred to Mr. Pryn, Serjeant Hales, Serjeant Browne, Mr. Finch, Lord Commissioner Widdrington, Mr. Turner, Lord Commissioner Tyrrill, Colonel Hatcher, Mr. Thurland, Mr. Charlton, Colonel King, Serjeant Glyn, to prepare the same: And they are to meet in the Speaker's Chamber, at Three of the Clock this Afternoon: And Mr. Serjeant Glyn is to take care herein.

Grant to Sir J. Greenville.

Resolved, That the Commissioners of the Excise, or the Committee for the Army, do take effectual Order, that Five hundred Pounds be forthwith paid into the Treasury of the Council's Contingencies, out of the Moiety of the Excise of Beer and Ale, or out of the monthly Assessments respectively; to be reimbursed, with the first Opportunity, out of the said Contingencies to the Treasury, that shall lend the same: And that the Council of State do take care to see this Order put in Execution: And that the said Five hundred Pounds be forthwith paid to Sir John Greenville, for so much bestowed upon him by a former Order of this House.

Mr. Forth, a Member of this House, offered, forthwith, to advance Five hundred Pounds for Sir John Greenville; which the House accepted of.

Ordered, That the Council of State do take care, that the Sum of Five hundred Pounds, offered to be advanced by Mr. Forth, be speedily repaid to Mr. Forth, out of the Council's Contingencies, by the Money ordered to be paid in thither by the Commissioners of Excise, or Committee for the Army.

Resolved, That Mr. Forth have the Thanks of this House, for his Forwardness to accommodate this Service:

And Mr. Speaker gave him the Thanks of this House accordingly.

Great Seal.

Resolved, That this House doth agree with the Lords, that the Earl of Manchester, Speaker of the House of Peers, be, and is hereby, nominated and appointed one of the Commissioners of the Great Seal, and added to those who have the present Custody thereof, till farther Order.

Ordered, That Mr. Annesley do acquaint the Lords with the Concurrence of this House to their Message concerning the Earl of Manchester.

Deferring Easter Term.

Mr. Bacon brings Answer from the Lords, that the Lords did concur with this House, to the Declaration for putting off Part of Easter Term next; and desire, that the said Declaration be forthwith printed and published.

Ordered, That the said Declaration be forthwith printed and published.

Answer to King's Letter.

The House, according to former Order, proceeded in the Election of Members to attend his Majesty with the Letter from this House.

Resolved, That the Door be shut.

The Tellers report, the Number of the Members in the House to be Four hundred and Four, besides the Tellers, being in the Whole Four hundred and Eight.

Two Glasses were prepared, for every Member to put in his Paper, of the Names of the Persons whom he would have to carry the Letter to the King's Majesty from this House.

The Clerk of the Parliament, and Clerk Assistant, thereupon, went to the several Members with the Glasses, and received from every of them respectively, sitting in their Places, a Paper of Names; and so both the Glasses were brought, and set upon the Table.

Resolved, That the Glasses, with the Papers, be delivered to the Committee; and that they make Report, who hath the greatest Number of Voices, on Monday Morning next.

Message from Lords.

A Message from the Lords, by Mr. Hobart and Mr. Glascock, Masters of Chancery;

Mr. Speaker, We are commanded by the Lords to deliver this Message; "The Lords desire the Concurrence of this Honourable House to this Order:"-And therewith delivered in an Order touching the Duke of Bucks.

They likewise commanded us to return his Majesty's Letter to this House, formerly transmitted from this House to their Lordships.

The Order, now communicated from the Lords, was read.

Duke of Buckingham's Estate.

Resolved, That the Order from the Lords, touching the Duke of Buckingham, be referred to the Committee to whom the Bill of Sales is referred; to insert his Name into the Proviso of the Bill for Sales.

Resolved, That this House doth concur with the Lords in the Order this Day sent from their Lordships, touching the Duke of Buckingham; viz.

Whereas the Duke of Buckingham having had his Estate sequestered and sold, not only without the Concurrence of the House of Lords, but also against their Vote of Indemnity sent down to the House of Commons in his Behalf; and that his being in Arms, was in his Minority; the Lords and Commons, in Parliament assembled, conceiving his Case to be singular, do order, that there be a Stop and Stay of demolishing or defacing of, or committing Waste in, the Houses and Lands, or any of them, whereof the Duke of Buckingham, or Catharine late Duchess of Buckingham, his Mother, or either of them, was or were seized, in Possession, or Reversion, the First Day of July 1651; and that no Timber or Woods be felled, or cut down, off any of the said Lands, or any Part thereof; and that no Wood or Timber felled, and now remaining there, be taken away, or removed from the same Lands; and that all the Rents of the said Lands be stopped in the Tenants Hands respectively: And a Stay and Stop is hereby made accordingly; and this to continue, till the Pleasure of the Houses be further signified concerning the same: And all Persons, whom it may concern, are hereby required to yield Obedience to this Order.

Lord Craven's, &c. Estate.

Resolved, That there be a Stop and Stay of demolishing or defacing of, or committing Waste in, the Houses and Lands, or any of them, whereof William Lord Craven, Sir John Stowell, Knight of the Bath, and James Bunce, Alderman of the City of London, or any of them, was or were seized, in Possession or Reversion, at the Time of the Seizure or Sequestration thereof; and that no Timber or Woods be felled, or cut down, off any of the said Lands, or any Part thereof; and that no Wood or Timber felled, and now remaining there, be taken away or removed from the same Lands; and that all the Rents of the said Lands be stopped in the Tenants Hands respectively: And a Stay and Stop is hereby made accordingly; and this to continue, till the Pleasure of the Houses be further signified concerning the same: And all Persons, whom it may concern, are hereby required to yield Obedience to this Order.

Resolved, That the Lords Concurrence be desired therein; and that Sir Richard Temple carry it to the Lords.

Answer to Lords.

The Messengers from the Lords were called in again; and Mr. Speaker gave them this Answer:

Gentlemen, The House have considered of the Message that you have brought from the Lords; and their Answer is, That they do agree with the Lords therein.

Printers to the House.

It being propounded, that Mr. Husbands, and Mr. Speaker's Printer may be Printers for this House.

Ordered, That it be left to Mr. Speaker to give Order therein accordingly.

The House adjourns itself till Eight of the Clock on Monday Morning next.