House of Commons Journal Volume 8: 5 September 1660

Wednesday, 5th September, 1660.

Prayers.

Purchases of publick Lands.

MR. Serjeant Littleton reports from the Grand Committee upon the Bill of Sales, the Case of Thomas Gewen Esquire, as to his Interest in the Manor of Boyton, and Barton of Bradridge, in the County of Cornewall; the Resolves of the said Grand Committee; viz.

1. That the Petition of Mr. Gewen is true:

2. That the Case thereunto annexed is truly stated:

. . That it appears, by the said Case, and the Conveyance made unto the Petitioner, by the Trustees of the late King's, Queen's, and Prince's Lands, that he and his Ancestors have bought these Lands three or four several times.

4. That the Petitioner's Case, upon these Considerations, may be recommended to the King, as a fit Object of his Majesty's Grace and Favour.

Ordered, That the Case of Thomas Gewen Esquire, be presented to the King's Majesty: And that the said Thomas Gewen be, and is, by this House, recommended to the King's Majesty, as a fit Object of his Majesty's Grace and Favour:

That Mr. Secretary do represent the Case of Mr. Gewen to the King's Majesty, as recommended, by this House, to his Majesty's Grace and Favour.

Somersett Dukedom.

A Bill, ingrossed, for repealing of a Clause in a Private Act, made in the Fifth Year of King Edward the Sixth, intituled, An Act touching the Limitation of the Duke of Somersett's Lands, was this Day read the Third time; and, upon the Question, passed.

Resolved, That the Title of the said Bill be, viz. An Act for repealing of a Clause in a private Act made in the Fifth Year of King Edward the Sixth, intituled, An Act touching the Limitation of the Duke of Somersett's Lands.

Lords will sit.

A Message from the Lords, by Dr. Bennet and * *, Two Masters of the Chancery;

Mr. Speaker, The Lords, in Answer to the Message sent by this House Yesterday, have commanded us to acquaint this House, that, upon any pressing emergent Occasion, intimated by this House, they will be ready to comply with the Desire of this House, for their sitting in the Afternoons; but to sit constantly, they conceive, it will retard the Business that lieth before them.

Sir H. Vane, and Lambert.

The House resumed the Debate upon a Draught of a Petition from the Lords and Commons to the King's Majesty, on the Behalf of Sir Henry Vane and Col. John Lambert, for sparing of their Lives: Which was read; and, with the Amendments, viz. after the Words "are humble Suitors to your Majesty," these Words added, "that if they shall be attainted, yet Execution, as to their Lives, may be remitted," upon the Question, agreed unto.

The Tenor of the said Petition, so amended, is as followeth:

To the King's most Excellent Majesty:The humble Petition of the Lords and Commons, in Parliament assembled:

Sheweth,

THAT Your Majesty having declared Your gracious Pleasure to proceed only against the immediate Murderers of Your Royal Father; We, Your Majesty's most humble Subjects, the Lords and Commons, assembled in Parliament, not finding Sir Henry Vane, or Colonel Lambert, to be of that Number, are humble Suitors to Your Majesty, if they shall be attainted, yet Execution, as to their Lives, may be remitted:

And, as in Duty bound, we shall ever pray for Your Majesty's long and happy Reign over us.

Ordered, That Mr. Pryn do present this Petition to the Lords, and desire their Concurrence: And that the Lords will be pleased to take Order, that it be presented to the King's Majesty.

Restoring Ld. Gerrard

Mr. Charlton reports Amendments to the Bill for Charles Lord Gerrard: Which were twice read; and, with some other Amendments, added by the House, were, upon the Question, agreed unto; being as followeth:

Line 43, after the Word "mentioned," and before the Word "due," the Word "received," inserted.

Line 4, after the Word "been," and before the Word "dispossessed," omit the Word "unjustly."

The Bill, ingrossed, sent down from the Lords, 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 Third time.

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

That Sir Francis Gerrard carry this Bill to the Lords.

Bills to be sent to Lords.

Ordered, That Sir George Downing do carry to the Lords the Bill for Increase and Encouragement of Navigation: And that he put the Lords in mind of the Bills for indemnifying Officers; and confirming Magna Charta; and for settling Ministers.

Privilege- a Person discharged.

Resolved, That Mr. Wm. Burton, heretofore committed to the Custody of the Serjeant at Arms attending this House, paying his Fees, be forthwith discharged, and set at Liberty.

College Leases.

Ordered, That Serjeant Hales, Mr. Pryn, and Sir Henage Finch, do withdraw, and peruse the Bill for confirming of Leases made by Masters and Heads of Colleges, and Hospitals; and offer what they shall find meet, on the present Debate.

Disbanding the Army.

Colonel Birch reports Amendments to the Bill for disbanding the Army: Which were twice read; and, upon the Question, agreed unto; and the said Bill, upon the Question, ordered to be ingrossed.

Money due to Tolhurst.

Ordered, That the Sum of One hundred Pounds, which Major Jeremiah Tolhurst, Governor of Newcastle, is out of Purse, in keeping that Garrison, shall be paid unto the said Jeremiah Tolhurst, or his Assigns, out of the Excise, in Course, next after those Monies satisfied, which have been charged on the Excise since the Restitution of the late secluded Members: And the Commissioners of Excise are hereby impowered and required to pay the same accordingly; together with Interest, after Six Pounds per Cent', till the Principal shall be paid; and the Acquittance of the said Major Tolhurst, or his Assigns, testifying the Receipt thereof, shall be, to the said Commissioners, a sufficient Warrant and Discharge.

College Leases.

Serjeant Hales reports Amendments to the Bill for confirming Leases of Colleges; viz.

2d Skin, 5 Line, after the Words "the Master and Brethren," and before the Words, "of the Patronage of any Bishop, Dean, or Chapter," these Words "of any Hospital," be inserted: Which was read; and, upon the Question, agreed unto.

And the several Provisoes, ingrossed in the said Bill, were read the Third time; and, upon the Question, agreed unto: And the Bill, so amended, being put to the Question, passed.

That Sir Francis Gerrard do carry this Bill to the Lords: And that he carry with him the Petition on the Behalf of Sir Henry Vane, and Colonel Lambert; and desire them to put it into a Way, how it may be presented to his Majesty.

Disbanding the Army.

Colonel Birch reports from the Committee to whom the Bill for disbanding the Army is referred, Amendments to the Rules, Orders, and Instructions, for disbanding the Army.

Resolved, That Richard Kingdon and Bartholemew Tillingham be the Persons appointed to audite and cast up the Accompts of the Armies and Garisons: And that their Names be inserted into the Instructions accordingly.

Bills carried to Lords, &c.

Sir Francis Gerrard reports, that he had delivered to the Lords the Bill concerning the Lord Gerrard; and the Petition concerning Sir Henry Vane, and Colonel Lambert: And that the Lords gave Answer, That they concur with this House in the said Petition; and will put it into a Way to present it to his Majesty.

College Leases.

Ordered, That Mr. Hollis do carry to the Lords the Bill for confirming Leases from Colleges, &c. and the Petition, passed Yesterday, concerning Impositions laid by the Dutch on Cloth, and other Woolen Manufactures.

Resolved, That in the Prayer of the said Petition, passed Yesterday, to be presented, in the Name of both Houses, to his Majesty, concerning the Impositions laid by the Dutch on Cloth, and other Woolen Manufactures, these Words "or otherwise" be omitted.

Mr. Hollis carried to the Lords the Bill for confirming Leases from Colleges, &c. and the Petition amended as in the last Vote.

Disbanding the Army.

The Rules, Orders, and Instructions, for disbanding the Army, were read; and, after, read in Parts.

The First Paragraph being read;

Resolved, That this House doth agree with the Committee, that the Army be disbanded by Lot, according to the first Paragraph.

This House adjourns till Two of the Clock in the Afternoon.

Post Meridiem.

Officers of the House.

THE humble Petition of the Officers under the Serjeant at Arms attending this House, was this Day read.

Ordered, That this Petition be referred to the Committee of the Army; to take the same into Consideration: And they are also to take into Consideration the Clerk of this House, and Clerk Assistant, and other Officers of this House, who have attended the Service of this House; and what Allowances are fit to be made unto them respectively; and how Payment thereof may be made unto them; and also, to consider what is necessary to be done for Provision of Fire and Candle, for the Service of this House, against their Meeting; and also, to consider of the Pains taken by the Chaplain, who hath constantly prayed with this House; and what Compensation is fit to be made him; and report their Opinion therein to this House.

Restoring Marq. of Newcastle.

Ordered, That the Committee to whom the Bill touching the Marquis of Newcastle is referred, be revived; and do sit To-morrow, in the Morning: And that Mr. Shapcot, Mr. Hobby, Mr. Serjeant Glyn, Colonel Willoughby, Mr. Rushworth, be added to that Committee.

Disbanding the Army.

The House resumed the Debate upon the Rules, Orders, and Instructions, for disbanding of the Army.

And the First Paragraph, being put to the Question, was agreed unto.

The Second Paragraph, being read, was upon the Question, agreed unto.

The Third Paragraph, being read, was, upon the Question, agreed unto.

The Fourth Paragraph, touching disbanding the Garisons, was read, and, upon the Question, agreed unto.

Resolved, That these Words, viz. "the Islands of Guarnsey and Jersey," be added to that Paragraph.

The Fifth Paragraph was read; and, after some Amendments at the Table, was agreed upon.

The Sixth Paragraph was read; and upon the Question, agreed unto.

The Seventh Paragraph was read; and upon the Question, agreed unto.

The Eighth Paragraph, appointing Auditors to state the Accounts of the Army, was read.

The Ninth Paragraph was read.

Resolved, That Mr. Spry, Mr. Jessop, Colonel Atkins, and Mr. Darnell, be added Auditors in this Paragraph: And that the Quorum of the Auditors be any Three of them.

And the said Paragraph, so amended, being put to the Question, was agreed unto.

The Tenth Paragraph was read; and these Words "any Three of them," and the Word "required," being inserted, was agreed unto.

The Eleventh Paragraph, touching taking Bonds for Payment of their Quarters, was agreed unto.

The Twelfth Paragraph, touching the Delivery up of their Arms, by such Soldiers as shall be disbanded, was read; and agreed unto.

The Thirteenth Paragraph, touching making false Musters, was read; and, upon the Question, agreed unto.

The Fourteenth Paragraph was read; and, the Word "only" being inserted, was agreed unto.

The Fifteenth Paragraph, touching stating the Arrears of Soldiers who were disbanded in 1646 and 1647, was read; and laid aside.

The Sixteenth Paragraph, touching bringing in the Muster Rolls, was read: and agreed unto.

The Seventeenth Paragraph, touching making Allowances to Auditors, and other contingent Charges, was read; and, upon the Question, agreed unto.

The Eighteenth Paragraph was read; and, upon the Question, agreed unto.

Ordered, That it be referred back to the Committee of the Army, to draw up a Rule upon the Debate now had in the House, that some Members of this House, and other Persons of Quality in the respective Counties, do assist at the taking of the Musters, and touching consining the Time, and limiting the Sums of Money to be paid.