House of Commons Journal Volume 8: 20 November 1660

Tuesday, 20th November, 1660.

Prayers.

Privilege.

THE House being informed, that one Mr. Richard Franklin did, in the Lobby by the House of Commons Door, give reproachful and abusive Language unto Mr. Bainton, a Member of this House;

Ordered, That Mr. Richard Franklin be sent for, in Custody, by the Serjeant at Arms attending this House.

Ordered, That it be referred to the Committee of Privileges, to examine this Business concerning Mr. Richard Franklin; and to state the Matter of Fact; and report it to this House.

Gosticke's Estate.

A Bill for making Provision of Livelihood and Maintenance for the younger Children of Sir Edward Gosticke, was this Day read the Second time; and, upon the Question, committed unto Sir Tho. Rowse, Sir Capell Lucken, Sir Ant. Irby, Mr. Willoughby, Sir Sal. Swayle, Sir Henry Cesar, Mr. Pedley, Mr. Conyers, Mr. Prin, Sir Hen. North, Mr. Lowther, Mr. Crowch, Mr. Goodrick, and all the Knights and Burgesses who serve for the Counties of Hertford and Bedford: And they are to meet in the Court of Wards, at Two of the Clock this Afternoon; with Power to send for Persons, Papers, Witnesses, and what else may conduce to the Business.

Tiverton Writ.

Ordered, That it be referred to the Committee for Privileges, to examine the Miscarriage of a Warrant for a Writ issued for the Election of a Burgess to serve for the Borough of Tiverton in the County of Devon, so that the Writ cannot be executed; by reason whereof this House is deprived of a Member; and to state the Matter of Fact; and report it to this House.

Gloucester Writ.

Ordered, That Mr. Speaker do grant his Warrant to the Clerk of the Crown in Chancery, to issue forth a Writ for the Election of a Knight of the Shire, to serve in this present Parliament for the County of Gloucester, in the Place of Mr. Serjeant Hales, called by his Majesty to be Chief Baron of his Highness' Court of Exchequer: And the Lord Chancellor is to issue and pass the same under the Great Seal of England accordingly.

Arrears of Assessments.

A Bill, ingrossed, for the speedy levying of the Arrears of the Twelve Months Assessments, commencing the Twenty-fourth of June 1659; and the Six Months Assessment, commencing the Twenty-fifth of December 1659; was this Day read the Third time.

Resolved, That the Word "late" be inserted in the 3d Line of the 2 Folio, before the Word "Treasurers."

Resolved, That these Words, viz. "appointed by the said Act," next after the Word "War," Folio 2. Line 3. be omitted.

Resolved, That this be the Title of this Bill; viz. An Act for the levying of the Arrears of the Twelve Months Assessment, commencing 24 June 1659; and the Six Months Assessments, commencing 25 December 1659.

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

Ordered, That this Bill be sent to the Lords: And that Mr. Prynn do carry this Bill to the Lords.

Poll Money.

Ordered, That Mr. Ansley and Mr. Prynn do withdraw, and pen a Letter, to be sent to the Benchers of the several Inns of Court, and Heads of the Houses of the several Inns of Chancery, to take effectual Order, that the several Members of their respective Houses, and all other Persons who shelter themselves there, who have not paid their Poll Money, do make speedy Payment thereof.

Pivilege Libellous Publication.

Mr. Serjeant Rainsford reports from the Committee of Privileges, the several offensive Passages in the Book, intituled, The long Parliament Revived; with several Votes of the Committee thereupon: Which were by the Reporter read in his Place; and were after read by the Clerk; and were as followeth; viz.

"All other Parliaments (speaking of the Long Parliament) "have no legal Capacity, till this be legally dissolved." Page 6.

"The Act is express, that by no Means, but by an Act of Parliament, it shall be dissolved; which, being it cannot be done by the dead King, but may be done by his Successor, it ought to be so dissolved; else it remains in full Being and Authority." Page 14.

"The legal Being of the Long Parliament is evident." Page 16th.

"Though many excellent Things have been done by this Parliament, yet, their Authority not being legally founded, the Nation can promise to themselves no Happiness nor Assurance." Page 16th.

"It were to be wished, the Legislative Authority might revert into the right Chanel." Page 17.

"That being a lawful Parliament, This can be none." Page 21.

'At the Committee of Privileges, Saturday, 17 November 1660:'

'Resolved, upon the Question;'

'1. That the Pamphlet, intituled, The Long Parliament Revived, &c. is seditious, in those Particulars which were alleged at the Committee.'

'2. That the House be moved, to order, that the said Pamphlet be publickly burnt by the Hands of the Common Hangman.'

'3. That the House be desired to appoint a Committee for the drawing up an Impeachment, in the Name of all the Commons of England, against William Drake, for penning and publishing of this seditious Pamphlet; to be presented to the Lords.'

'4. That the House be moved, that the said William Drake may be kept under such Restraint, that none may have Access to speak with him.'

The humble Petition of William Drake of London, Merchant, was read.

Resolved, That the Book, intituled, The Long Parliament Revived, is a seditious Pamphlet.

Impeachment of Drake.

Resolved, That a Committee be appointed to draw up an Impeachment against Wm. Drake; and that Sir Henage Finch, Sir Edw. Turner, Mr. Annesly, Lord Howard, Mr. Hollis, Serjeant Glynn, Serjeant Maynard, Mr. Thurland, Mr. Bampfeild, Serjeant Rainsford, Sir Wm. Lewes, or any Four of them, be the Committee: And that the said Committee be also impowered to draw up Articles against the said Wm. Drake.

Sir Henage Finch reports an Impeachment against William Drake, Merchant, which he read in his Place.

Resolved, That the Impeachment be carried to the Lords; viz.

The Knights, Citizens, and Burgesses, in Parliament assembled, do, in the Name of themselves, and of all the Commons assembled in Parliament, impeach William Drake of London, Merchant, of Sedition, for writing, printing, and publishing, a seditious Pamphlet, intituled, The Long Parliament Revived.

Ordered, That Mr. William Drake do remain in the Custody of the Serjeant at Arms attending this House, until further Order.

Earl of Cleveland.

Ordered, That the Earl of Cleveland's Bill be read To-morrow Morning.

Militia.

Ordered, That the Bill for settling the Militia, be read on Thursday Morning next.