House of Commons Journal Volume 8: 29 December 1660

Saturday, 29th December, 1660.

Prayers.

Poll Bill.

THE Lord Valentia reports the Effect of the Conference had last Night with the Lords, upon their Amendments to the Bill for supplying the Defects of the Poll Bill:

That their Lordships delivered their former Proviso, with some Alteration; being, with the Alteration, as followeth:

"Provided always, and be it Enacted, That this Act, or any thing therein contained, shall not extend to any Peer of this Realm, in point of Assessment, Imprisonment, Distress, or otherwise; Provision being made, in the said first recited Act, for the Assessing of the said Peers, by certain Peers who are therein named and appointed in that Behalf. And be it further Enacted, That the Lord Chancellor, Lord Treasurer, the Lord Steward of his Majesty's Houshold, Lord Chamberlain of his Majesty's Houshold, the Earl of Northampton, Lord Howard of Charlton, the Lord Roberts, the Lord Grey of Warke, the Lord Craven, the Lord Mohun, and the Lord Hatton, be added to the Peers named in the said first recited Act for the Assessing of the Peers, according to the said recited Act:"

And so these Words were struck out by the Lords from the Proviso, as it first came down; viz.

* * * *

The Committee insisting upon it, that there was no Obligation on the Lords Commissioners for the Peers to assess the Peers; they returned into their House: And after, delivered an Addition to the said Proviso, in Paper, as followeth:

"Which said Lords Commissioners, or any Five of them, in this and the former Act named, shall have Power to assess, levy, and collect, all such Sums of Money as shall be assessed, according to the Tenor of this and the former Act, upon such Peers who have not paid proportionably to their Estates:

So, with that Addition, they adhered as formerly; expressing themselves sorry that there having been hitherto so good a Correspondence betwixt the Houses, they should be now suspected, in this House; taking notice, that, in the late Times of Misery, they suffered as much as any; and hope nothing shall be done to the Prejudice of their Privileges; adding, that they hope they shall be ready to strain themselves as far as this House.

Resolved, That this House doth agree to this Proviso, with the Amendments.

Resolved, That this House doth agree to all the other Amendments to this Bill, which were sent from the Lords, and in which this House did formerly adhere.

Ditto.

Resolved, That Sir John Holland be desired to go to the Lords, and acquaint them, that this House doth concur with their Lordships, in the Amendments to the Bill for supplying the Defects to the Poll Bill, as they were delivered at the last Conference; and to put their Lordships in mind of the Bill for encouraging the Fishing Trade.

A Message from the Lords, by Mr. Child and * *, Two Masters of Chancery;

Bills from Lords.

Mr. Speaker, The Lords have sent you the Bill for raising Seventy thousand Pounds for his Majesty's further Supply; with Addition of a Proviso: To which the Concurrence of this House is desired.

They have likewise returned the Act concerning Wine Licences, according to the Desire of this House.

The Proviso, from the Lords, to the Bill for Seventy thousand Pounds, was read; being as followeth:

"Provided always, That this Act, nor any thing therein contained, shall be drawn into Example, to the Prejudice of the ancient Rights belonging to the Peers of this Realm:" And, on the Question, was agreed unto.

Memorandum, This Proviso was annexed to the Bill next before the Clause for additional Commissioners.

Letters delivered.

Mr. Speaker did this Day deliver in Three Letters directed to himself with Three Petitions inclosed in them: viz. Two from William Howlett, Prisoner in Newgate; and the other from Sir James Harrington.

Answer to Lords.

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

The House have considered of your Message; and of the Proviso sent from the Lords; and to the Bill for One Month's Assessment; and do agree to the said Proviso.

Endowing Vicarages.

Ordered, That Mr. Bulkley do go to the Lords, and desire them to give Dispatch to the Bill for Augmentation of poor Vicarages.

Debt to Lockart.

Sir Thomas Clergis reports from the Committee for stating the Debts of the Navy and Army, and other publick Debts of this Kingdom, That, upon Examination of the Accounts of Colonel William Lockart, concerning the Garison of Donkerke, it appeareth to this Committee, that there is due to the said Colonel Lockart, from the Sixteenth of February (which was the Time of the Restitution of the secluded Members) to the First of June (which was the Time of the said Lockart's leaving of that Garison) the Sum of Seven thousand Three hundred Fifty-seven Pounds Five Shillings Eight-pence.

Debt to Dicke.

He also presents a Report from the Committee to whom the publick Debts are referred, the Opinion of the said Committee, upon Consideration of the Petition of Sir Andrew Dicke and John Joussey, for the Debt of Sir William Dicke, deceased, and of Christian English, one of the Creditors, That the Sum of Two thousand Pounds be paid to Sir Andrew Dicke and John Joussey, for the present Support of the distressed Family of Sir William Dicke; and that One thousand Pounds be paid to Mr. Christian English, one of the Creditors of Sir William Dicke; and that the before mentioned Sum of Two thousand Pounds, and this One thousand Pounds, be in Discharge of so much of the Debt of the said Sir William Dicke.

Resolved, That the several Sums of Two thousand Pounds and One thousand Pounds be and are hereby charged on the Arrears of Excise, due the Twenty-fifth of December Instant, and paid as followeth; that is to say, the Sum of Two thousand Pounds to Sir Andrew Dicke and John Joussey, for the present Support of the distressed Family of Sir Wm. Dicke, deceased; and the said Sum of One thousand Pounds to Christian English, Widow, one of the Creditors of the said Sir William Dicke; in Course, after the Sums charged by former Orders of this Parliament on the Excise shall be satisfied: And the Commissioners, Treasurers, or other Persons, who are or shall be employed for Receipt of the said Arrears of Excise, are impowered and required to pay the same accordingly: And this Order, with the respective Acquittances of the said Persons testifying the Receipt thereof, shall be to the said Commissioners, and other Persons, a sufficient Warrant and Discharge.

A Message from the Lords, by Mr. Child and * *, Two Masters of Chancery;

Wool and Fullers Earth.

Mr. Speaker, The Lords have here sent you a Bill, intituled, An Act for prohibiting the Exportation of Wool, Wool-fells, &c.; to which their Lordships have made several Alterations and Amendments; and desire the Concurrence of this House.

The Amendments, sent from the Lords, to the Bill prohibiting the Exportation of Wool, were read; and upon the Question, agreed unto; the same being as followeth:

1 Skin, 19 Line, instead of "Five-and-twentieth Day of December," read "Fourteenth Day of January."

23 Line, after the Word "Wales," and before the Word "or," put in these Words, "or Town of Barwicke upon Tweed."

33 Line, after the Word "Ireland," and before the next Word "or," put in these Words, "or Town of "Barwicke."

37 Line, after the Word "Ireland," and before the Word "Isles," put in these Words, "Town of Barwicke."

39 Line, after the Word "Ireland," and before the Word "Isles," put in these Words, "Town of Barwicke."

43 Line, instead of "Five-and-twentieth Day of December," read "Fourteenth of January."

45 Line, after the Word "Wales," and before the next Word "or," put in these Words, "or Town of Barwicke."

48 Line, after the Word "aforesaid," leave out all to the Word "and," in the 2d Skin, the 12 Line; and, instead thereof, put in these Words, "That all and every the Offender and Offenders, Offence and Offences aforesaid, shall be subject and liable to the respective Pains, Penalties, and Forfeitures, hereafter following; that is to say, the said Sheep, Wools, Wool-fells, Mortlings, Shorlings, Yarn made of Wool, Wool Flocks, Fullers Earth, and Fulling Clay, so exported, transported, carried, conveyed, packed, or loaden, contrary to the true Intent of this Act, shall be forfeited; and that every Offender and Offenders therein shall forfeit Twenty Shillings for every such Sheep, and Three Shillings for every Pound Weight of such Wool, Wool-fells, Mortlings, Shorlings, Yarn made of Wool, Wool Flocks, Fullers Earth, or Fulling Clay; and also the Owners of the said Ships or Vessels, knowing such Offence, shall forfeit all their Interests in the said Ships or Vessels, with all their Apparel and Furniture to them and every of them belonging; and that the Master and Mariners thereof, knowing such Offence, and wittingly and willingly aiding and assisting thereunto, shall forfeit all their Goods and Chattels, and have Imprisonment for the Space of Three Months, without Bail or Mainprize: The one Moiety of which said Penalties and Forfeiture shall be to the King's Majesty, his Heirs and Successors; and the other Moiety to him that will sue for the same by Action of Debt, Bill, Plaint, or Information, in any of his Majesty's Courts of Record, or before the Justices of Assize, or in the General Quarter Sessions of the Peace; in which Suit no Essoign, Protection, or Wager of Law, shall be allowed. And be it further Enacted, That if any Merchant, or other Person or Persons, shall, after the said Fourteenth Day of January, transport, or cause to be transported, any Sheep, Wool, Wool-fells, Mortlings, Shorlings, Woollen Yarn, Wool Flocks, Fullers Earth, or Fulling Clay, contrary to the true Intent of this Act, and be thereof lawfully convicted; that then he shall be disabled to require any Debt or Account of any Factor or others, for or concerning any Debt or Estate properly belonging to such Offender. Provided always, and it is nevertheless Declared, That this Act, or any thing therein contained, shall not be construed to take away any greater Pains or Penalties inflicted, or to be inflicted, for any the Penalties aforesaid, by virtue of any former Act of Parliament now in Force."

2 Skin, 20 Line, the Clause beginning with the Word "Provided," and ending with the Word "Law" in the 23 Line, to be left out.

24 Line, after the Word "Offence," put in the Word "aforesaid."

25 Line, leave out the Words "made Felony by this Act."

25 and 26 Lines, instead of the Words "thereof indicted," put in the Word "prosecuted."

29 Line, after the Word "Behoof," and before the next Word "all," put in these Words, and "to the Use of the King, his Heirs and Successors."

34 Line, after the Word "Ireland," and before the Word "Isles," put in these Words, "Town of Barwicke."

39 and 40 Lines, instead of the Words "and absolute Properties," put in the Word "Moiety."

42 Line, after the Words "allowed to," and before the Word "give," leave out these Words, "prosecute, or to."

44 Line, after the Word "questioned," and before the Word "by," leave out these Words, "or arraigned, or tried for Felony."

60 Line, after the Word "Ireland," and before the Word "Isles," put in these Words, "or Town of Barwicke."

3 Skin, 16 Line, after the Word "Jersey," instead of the Words "Six hundred," read "Two thousand."

The same Line, after the Word "Guernzey," and before the Word "Alderney," leave out the Word "with," and put in these Words," "One thousand Tods, and no more, of uncombed Wool, and unto;" and after the Word "Alderney," put in these Words, "Two hundred Tods, and no more, of uncombed Wool."

17 Line, after the Word "and," and before the Word "Sarke," put in the Word "unto;" and after the Word "Sarke," and before the Word "hundred," leave out the Word "Six," and put in the Word, "One."

24 Line, leave out the Words "Six hundred;" and instead thereof, read "Two thousand."

28 Line, after the Word "of," and before the Word "Guernzey," leave out the Words "Jersey or."

30 Line, leave out the Words "Six hundred Tods;" and instead thereof, read "One thousand Tods for Guernzey, Two hundred Tods for Alderney, and One hundred Tods for Sarke."

Wool and Fullers Earth.

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

The House have considered of your Message; and the Amendments you brought down to the Bill to prohibit the Transportation of Wool, &c.; and they do agree to all the Amendments.

Debt to Davies.

The Lord Angier reports from the Committee for stating the Debts of the Army and Navy, and other publick Debts of the Kingdom, the State of the Debt due to Mr. Davies:

In pursuance of an Order of the House of Commons, of the Eighteenth of December 1660, this Committee have taken into Consideration the Petition of John Davyes, of Carickfergus in the Kingdom of Ireland, Esquire; and, upon Examination of the Matter contained in the said Petition, do find;

Upon Consideration of the whole Matter, it is the Opinion of this Committee, That the Sums herein contained be reported to the House, as a due Debt to the aforesaid John Davies.

The Question being put, That this House doth agree with the Committee, that the Sum in the Report mentioned, and claimed by Mr. John Davies, be taken as a publick Debt; and ought to be taken care of;

The House was divided.

The Yeas went forth.

So it passed with the Negative.

Grant to Gardner.

The humble Petition of Maurice Gardner was read:

Resolved, That the Sum of One hundred Pounds be and is hereby allowed to the Petitioner; and that the same be charged upon the Arrears of the Excise, and paid, in Course, to the said Maurice Gardner, or his Assigns, after the other Sums charged on the Excise by former Orders of this Parliament, shall be satisfied: And the Commissioners, Treasurers, and other Persons, who shall receive the said Arrears, are hereby impowered and required to pay the same accordingly: And this Order, with the Acquittance of the said Maurice Gardner, or his Assigns, testifying the Receipt thereof, shall be to the said Commissioners, Treasurers, or other Person who shall pay the same, as sufficient Warrant and Discharge.

Invalid Soldiers, &c.

The humble Petition of One hundred and odd lame Soldiers, Widows, and Orphans, which continually attend the House Door, and which were set out under the Command of the Earl of Essex, for the King and Parliament; was this Day read; and laid aside.

Christ's Hospital.

The humble Petition of the Mayor, Commonalty, and Citizens, of the City of London, Governors of Christ Hospital, was read;

Ordered, That the Sum of Seven thousand Four hundred Twenty-seven Pounds Thirteen Shillings, given by Richard Aldworth Esquire, deceased, be charged upon the Arrears of Excise due the Twenty-fifth of December Instant, and paid to the said Governors, or their Assigns, in Course, after the other Sums shall be satisfied, which are charged on the Arrears of Excise by former Orders of this present Parliament: And the Commissioners, Treasurers, or other Person or Persons who shall receive the said Arrears, are hereby authorized and required to pay the same accordingly: And this Order, together with the Acquittance of the said Governors, or their Assigns, shall be to the said Commissioners, Treasurers, and other Person or Persons who shall pay the same, a sufficient Warrant and Discharge.

Captives in Turkey.

The humble Petition of divers poor Persons, whose Relations, or themselves, were in Captivity before 1642, was read.

Ordered, That the Restriction on the Order of this House of the Twentieth of December Instant, whereby Ten thousand Pounds is granted for Redemption of Persons now in Captivity, who were taken in English Ships since 1642, be taken off; and that the Petitioners have equal Relief with the other Captives in that Order mentioned, out of the said Sum of Ten thousand Pounds ordered to the said Captives: And that the said Ten thousand Pounds be charged, in Course, upon the Arrears of the Excise, after the Monies charged thereupon by former Orders of this Parliament shall be satisfied.

Excise.

Resolved, That this House do go on with the Bill for bringing in the Arrears of the Excise.

The ingrossed Bill for collecting and levying the Arrears of Excise, with the List of Debts charged thereon by the Vote of Yesterday in the Afternoon, was read.

Resolved, That the List of additional Debts, charged on the Arrears of Excise, be ingrossed into the Bill.

Resolved, That this be the Title of the Bill; viz. An Act for collecting and levying the Arrears of Excise.

A Proviso was tendered to this Bill: That the said Commissioners for Accompts, or any Three or more of them, shall have full Power and Authority, in Manner and Form as aforesaid, to take, examine, and state the Accompts of the late Collectors and Commissioners for Prize Goods; and of all other Collectors, Treasurers, and other Persons whatsoever, accountable to the Public, excepted out of, and not pardoned by, the general Act of Indemnity and Oblivion, made this Parliament; and to levy all such Sum and Sums of Money, and other Arrears, which they shall find due, upon the stating of their respective Accompts in such manner as is before expressed; to be paid unto and issued out by the Treasurers aforesaid, for and towards the Discharge of the Debts of the Navy: And that the Sum of One thousand Pounds, which shall be first raised out of the Arrears of Prize Goods, shall be issued and paid out, by the Treasurers aforesaid, for and towards the Redemption of such English Seamen, taken in English Vessels, as are now in Captivity under the Turks and Moors; and to the Use of other English Captives, their Widows or Children, formerly redeemed from Captivity by themselves or their Friends, in hopes to be reimbursed out of the Duty of the Moiety of One per Cent', (levied for that End, since diverted to pay and supply the Navy); in such Proportions as the said Commissioners for Accompts, upon Examination of their respective Cases, Conditions, and Necessities, shall think fit: Whose Acquittances and Receipts for the said Sums, or any Part thereof, shall be a sufficient Discharge to the said Treasurers.

Message to attend the King.

The House being informed, that the Usher of the Black Rod was at the Door, he was called in; and, making Three several Obeysances, as is usual, delivered this Message;

Mr. Speaker,

The King hath commanded me to call you, and the rest of the Members of this House, presently to him into the House of Lords.

The Speaker, and the rest of the Members of this House accompanying him, went to the Lords House accordingly; Mr. Speaker carrying with him the Bills following, (being passed both Houses); viz. The Bill for Six Months Assessments: The Bill for raising Seventy thousand Pounds for further Supply of his Majesty: The Bill for levying the Arrears of Assessments: The Bill for establishing the Post Office: The Bill for Wine Licences; and, The Bill for supplying the Defects of the Poll Bill.

Royal Assent to Bills.

Mr. Speaker, and the Members of this House, being come into the House of Peers, and his Majesty seating himself in his Royal Chair of State, Mr. Speaker, after an eloquent Oration, presented the Bills by him carried up. To which, with some others, his Majesty gave his Royal Assent: And, after that, was pleased to make a gracious Speech to both Houses of Parliament, there assembled, to the Tenor following; viz.

My Lords and Gentlemen,

The King's Speech.

"I WILL not entertain you with a long Discourse; the Sum of all I have to say to you being but to give you Thanks, very hearty Thanks: And, I assure you, I find it a very difficult Work to satisfy Myself in my own Expressions of those Thanks, perfunctory Thanks. Ordinary Thanks for ordinary Civilities are easily given; but when the Heart is as full as Mine is, it is a Labour to thank you. You have taken great Pains to oblige Me; and therefore it cannot be easy for Me to express the Sense I have of it."

"I will enlarge no further to you, on this Occasion, than to tell you, that, when God brought me hither, I brought with me an extraordinary Affection and Esteem for Parliaments. I need not tell you, how much it is improved by your Carriage towards Me. You have outdone all the good and obliging Acts of your Predecessors towards the Crown; And, therefore, you cannot but believe my heart is exceedingly enlarged with the Acknowledgment. Many former Parliaments have had particular Denominations, from what they have done; they have been styled Learned, and Unlearned; and sometimes have had worse Epithets: I pray let us all resolve, that this be for ever called The Healing and the Blessed Parliament."

"As I thank you, though not enough, for what you have done; so I have not the least doubt, (by the Blessing of God) but, when I shall call the next Parliament, (which I shall do as soon as you can reasonably expect or desire) I shall receive your Thanks, for what I have done since I parted with you: For I deal truly with you, I shall not more propose any one Rule to myself, in My Actions and My Councils, than this; What is a Parliament like to think of This Action, or This Council? And it shall be want of Understanding in Me, if it will not bear That Test."

"I shall conclude with This, which I cannot say too often, nor you too often where you go, That, next to the miraculous Blessing of God Almighty, and, indeed, as an immediate Effect of that Blessing; I do impute the good Disposition and Security we are all in, to the happy Act of Indemnity and Oblivion: That is the principal Cornerstone which supports this excellent Building; That creates Kindness in us to each other, and Confidence in our joint and common Security. You may be sure, I will not only observe it religiously and inviolably Myself, but also exact the Observation of it from others. And, if any Person should ever have the boldness to attempt to persuade Me to the contrary, he will find such an Acceptation from Me, as He would have who should persuade Me to burn Magna Charta cancel all the old Laws, and to erect a new Government after Mine own Invention and Appetite."

"There are many other Particulars which I will not trust My own Memory with, but will require the Chancellor to say the rest to you."

Ld. Chancellor's Speech.

After which the Lord Chancellor made an eloquent Oration to both Houses; and concluded it thus;

Parliament dissolved.

"I have no more to add, but the Words of Custom; That the King declares this present Parliament to be dissolved: And this present Parliament is dissolved."

Excise.

A REPORT was presented to the House on the 18th Day of December Instant, by Colonel Birch: Which is here entered; and is as followeth:

"At the Committee, to whom the Bill for Excise was referred;"

"Ordered, That Colonel Birch do report the Bill for Foreign and Inland Excise."

"Ordered, That Colonel Birch do report to the Houses all the Debts charged upon the Excise, by the Lords and Commons, before the Seventh Day of December 1648, and yet unsatisfied; except such as were payable to any of the Persons excepted in the Act of Oblivion; in order to be inserted into the Bill of Foreign and Inland Excise."

Excise.

"Ordered, That Colonel Birch do likewise report a List of Debts, charged by this Parliament, and yet unsatisfied, to be inserted in the said Bill; that is to say, Upon One Ordinance of Parliament, dated the Thirteenth Day of May 1647; the several Sums following:" viz.

Upon one other Ordinance of Parliament, dated the Third Day of June 1647, the several Sums following: Viz.

Excise.

Upon several other Ordinances of Parliament.

To several Gunsmiths and others, out of the One hundred and Fifty thousand Pounds for the Army, by an Ordinance dated the Twenty-eighth of May 1647, and assigned unto them by the Committee for the Army, payable in Course, with Interest, each Six Months; viz.

To several Persons hereafter mentioned, assigned to them by the Committee for Accompts, payable in Course, with Interest, each Six Months, by virtue of an Ordinance of Parliament, dated the Fifth of June 1647, viz.

To several Persons, assigned to them by Richard Turner and Company, by Ordinance, dated Twenty-second March 1647, payable in Course, with Interest, each Six Months.

To several Persons, assigned to them by Sir Robert Hanney, of Sir Charles Coote, by Ordinance dated Twenty-third of March 1647, payable in Course, with Interest, each Six Months; viz.

Besides what Monies are farther charged by this present Parliament, the Orders whereof are not yet come to the Office of Excise.

An Account of the several Sums of Money charged upon the Receipt of Excise, since the Sitting of the secluded Members, and by the present Parliament, which remained unpaid this Seventh Day of December 1660; viz.

September 3d, 1660.

At the Committee for Publick Debts, &c.

Resolved, That Colonel Birch do, with all convenient Speed, report to the House the Estimate of the Debt of his Majesty's Navy, now received from Sir George Cartrett, as well for Stores of all Sorts, as for Wages due; being a Debt, they humbly conceive, fit to be taken care for by the Parliament.

The general State of the Debts upon the Account of his Majesty's Navy, until Twenty-fourth June last past, required from us, the principal Officers and Commissioners of his Majesty's Navy, together with the Increase of the growing Charge of Wages and Victuals, to the Fleet unpaid, until this present Fifth of December 1660.

Excise

Resolved, That Colonel Birch do, with all convenient Speed, also report to the House the Estimate of the Debts now standing charged on his Majesty's Exchequer, under Four Heads, as it is now received from Sir Philip Warwicke, Secretary to the Treasury, as Debts fit for the Parliament's Care, except such Part thereof as appears to have been charged by the pretended Protectors, or other Authority, betwixt the Time of the pretended Restauration of the Exchequer by Oliver in the Year 1653, and the First of March last; a List of which Debts is also to be reported for the Parliament's further Direction.

At the Committee for publick Debts.

September 3^d, 1660.

Ordered, That it be reported to the House as the Opinion of this Committee, That the Debts hereafter-mentioned, are such as the Parliament is bound in Honour to take care of, which now stand charged as underwritten.

Memorandum, The aforementioned Debts were all charged by his late Majesty, and for which his present Majesty is engaged in Honour to see satisfied; and are humbly offered to the Parliament, by this Committee, as Debts which in Honour they are bound to take care of.

Memorandum, That no Part of the Debts-of his present Majesty, either in England or elsewhere, are brought into this Account.

By the late Council of State, these Debts stand charged upon his Majesty's Exchequer, and are yet unpaid, which are humbly offered as the Opinion of this Committee, to be forthwith paid.

Which this Committee is of Opinion should be suspended.