House of Commons Journal Volume 8: 22 August 1660

Wednesday, August 22d, 1660.

Prayers.

Debts to Peck, &c.

THE Question being put, That the several Sums of Money, due to Henry Peck Esquire, and Lancelot Emot, Provost Marshal of Westminster and Middlesex; and formerly ordered by an Order of this House, of the Fourteenth of July last, to be paid out of the Estates of Recusants, remaining in the Hands of any of the Receivers General; be charged on the Moiety of the Receipt of Excise;

It passed in the Negative.

Windham's Estate.

The Bill for enabling of John Windham, Thomas Windham, and Wm. Windham, to fell Timber off the Manors of Felbrigg, Aylemerton, and other Lands, in Norfolk, notwithstanding a Clause in a Settlement therein mentioned, was read the Second time; and, on the Question, committed to Lord Richardson, Sir Wm. Doyley, Sir Geo. Reeve, Sir Wm. Wheeler, Mr. Pedley, Mr. Minors, Sir Anthony Irby, Mr. Rich, Sir Lancelot Lake, Sir John Holland, Sir Henry Cesar, Mr. Pryn, Mr. Allen, Mr. Charlton, Mr. Wingfeild, Mr. Mallet, Mr. Knightley, Mr. Huxley, Sir Solomon Swale, Mr. Brampston, Mr. Crowtch, Lord Ancram, Sir Capel Luckin, Sir Wm. Vincent, and all the Knights and Burgesses that serve for the Counties of Norfolk and Suffolk: And they are to meet To-morrow, at Two of the Clock in the Afternoon, in the Speaker's Chamber: And they have Power to send for Persons, Papers, and Witnesses; and what else may conduce to the Business.

Reducing Interest.

The ingrossed Bill for reducing the Interest of Money to Six per Cent', by the Year, was read the Third time.

Ordered, That Sir Edward Turner, Mr. Allen, Mr. Charlton, and Serjeant Hales, do withdraw, and consider of what was now in Debate, concerning Contracts already made; and report their Opinion therein to the House.

Arrears of Assessments.

Resolved, That the Sum of Twenty thousand Five hundred Pounds, which remains unpaid of the Fifty thousand Pounds formerly charged, by Order of this House, on the Three Months Assessment, after Seventy thousand Pounds by the Month, commencing the Twenty-fourth of June 1660, for the special Use of the King's Majesty, be forthwith paid, to his Majesty's Use, out of the Monies arising by the said Assessments, to such Person as his Majesty shall appoint to receive the same, in full of the said Fifty thousand Pounds: And Sir Thomas Player, Receiver General of the said Assessments, is required to pay the said Twenty thousand Five hundred Pounds accordingly. And whereas Sir John Robinson, Sir John Langham, and some other Gentleman, Members of this House, did advance and pay, in Money, and by Letters of Credence, towards the said Fifty thousand Pounds, several Sums of Money, amounting in the Whole to Twenty-nine thousand Five hundred Pounds; the said Receiver General is hereby impowered and required to satisfy and pay to the several Persons who advanced the same, as aforesaid, Interest, for the several and respective Sums by them advanced towards the said Twenty nine thousand Five hundred Pounds, after the Rate of Six Pounds per Cent', from the time the same was advanced, to the time the same are or shall be repaid to them respectively.

Leave of Absence.

Ordered, That Sir George Browne, a Member of this House, have the Leave of this House to go into the Country.

Ordered, That Mr. Tolson, a Member of this House, have the Leave of this House to go into the Country.

Masters of Ships.

The humble Petition of the Masters of Ships in being, and of several Masters who have lost their Ships by the unhappy War which hath been betwixt the King of Spain and this Nation, for several Years past, was this Day read.

Ordered, That the said Petition be referred to the Committee for Encouragement of Trade and Navigation, to be by them considered of.

Newton's Estate.

Ordered, That the Amendments to the Bill for enabling Mr. Newton to sell Lands, for Payment of his Debts, be reported To-morrow Morning.

Lord's Day &c.

Ordered, That the Bill against Prosanation of the Sabbath, and That against Swearing, be taken into Consideration next after Dispatch of the Bill for Ministers.

Reducing Interest.

Sir Edward Turner reports from the Committee appointed to withdraw Amendments to the Bill for reducing Interest to Six per Cent', by the Year.

Resolved, That after the Word "Contract," in the 17 Line, these Words, "to be made," be omitted; and the Word "shall," next after "September," in the 17 Line, be inserted, instead of the said Words, "to be made."

Resolved, That the Title of the said Bill be, An Act for Restraining the Taking of excessive Usury.

And the Bill, so amended, being put to the Question, passed.

Ordered, That Sir Edward Turner do carry this Bill to the Lords.

Ministers.

The House resumed the Debate upon the Bill touching Ministers: And the several Amendments in Page 4, Line 2, Line 4, Line 13, Line 18; Page 5, Line 1, Line 5, Line 15, Line 16; Page 6, Line 1, Line 8; Page 7, Line 5; being read, and severally put to the Question, were agreed unto.

A Proviso reported, beginning, "Provided always, and be it further enacted, That if any rightful Patron, &c." and ending with these Words, "in some other Benefice," the same, concerning Clerks presented to those styled Commissioners for Approbation of publick Preachers, and the Committee for plundered Ministers; and by them refused to be admitted; was read; and, on the Question, agreed unto.

A Proviso, concerning Persons who, since 25 December last, have yielded up, or agreed to yield up, their Benefices;

And another Proviso, concerning an Agreement between the Parties concerned for the Acquittal of Fifths; were read; and, upon the Question, agreed unto.

The next Proviso reported, concerning those who have more than one Ecclesiastical Benefice, with Cure of Souls, to enjoy one of them, and no more, at his Election, except in Case of Surrender, &c. was read; and, on the Question, agreed unto.-

Lords desire a Conference.

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

Mr. Speaker, The Lords have sent us to wait upon you to desire a present free Conference with you, in the Painted Chamber, concerning the Matter of the last free Conference upon the Bill of general Pardon and Indemnity.

Resolved, That this House doth agree to a present Conference with the Lords, as is desired.

Resolved, That the same Committee that managed the last free Conference, do manage this free Conference: And that Mr. Peirpont, Mr. Secretary Morris, and Sir Wm. Lewis, be added to the said Committee.

The Messengers being again called in, Mr. Speaker gave them this Answer;

The House hath considered of your Message; and do agree to a present free Conference.

Members summoned.

Several Members of the House going out of the House to the Painted Chamber, before the Messengers were called in, and an Answer returned; they were sent for by the Serjeant at Arms attending this House, with the Mace. And they returned to the House.

Officers in Courts of Justice.

Sir Anthony Irby reports, that, according to the Order of this House, he delivered to the Lords, Yesterday, the Bill for indemnifying certain Officers in Courts of Justice.

Conference with Lords.

Ordered, That the Report of the Conference had with the Lords this Day, be made To-morrow Morning.-

Ministers.

The House proceeded further in the Amendments to the Bill for Ministers:

A Clause reported, relating to Page 7. Line 11. concerning the Minister now in Possession, who shall continue and be settled in his Benefice, his paying all Arrears of Fifths, or other Sums in lieu thereof, due by any Order or Agreement, as have accrued, during his being possessed thereof, to the ejected or sequestered Minister; and his paying, during such time as he shall so continue settled therein, (if the sequestered or ejected Person shall so long live) the Fifths, or other Sums of Money, due as aforesaid, to the said sequestered or ejected Minister, yearly, by Four equal Portions; and, in Default thereof, the Person sequestered or ejected may recover the same by Action of Debt; and also, for directing a Way for the sequestered and ejected Minister to recover his Fifths; was read; and, upon the Question, agreed unto.

Resolved, That the Word "Successors" be added in the said Clause touching Payment of the Fifths to Ministers not restored to their Benefices.

Ordered, That Sir Edward Turner do bring in a Proviso, for Payment of Fifths to Ministers ejected or removed, for the Time to come; and one other Proviso, concerning the Regius Professors of Cambridge and Oxford, that this Act extend not to oust them out of the Livings belonging to their said Places.

Ordered, That if the Bishop of Chichester had a legal Right to the Parsonage of Petworth, that a Proviso be brought in for saving his Right.