House of Commons Journal Volume 8: 22 May 1660

Tuesday, 22d May, 1660.

Prayers.

Letter read.

A LETTER from aboard the Norwich Frigate in Alborough Bay, the 20th of May, 1660, at Six of the Clock in the Afternoon, from Dr. Thomas Clarges, was this Day read.

Beverly Writ.

Col. Hugh Bethell being elected to serve in this Parliament, as a Burgess for the Borough of Heden, and also for the Borough of Beverly, in the County of Yorke, elects to serve for the Borough of Heden, and waves his Election for Beverly.

Ordered, That a new Writ do issue for the Election of a Burgess to serve in this present Parliament for the Borough of Beverly 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 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.

Cambridge Writ.

The Lord General Moncke being elected to serve in Parliament, as a Knight for the County of Devon, and as a Burgess for the University of Cambridge, elects to seve for the County of Devon, and waves his Election for Cambridge:

Ordered, That a new Writ do issue for the Election of a Burgess to serve in this present Parliament for the University of Cambridge 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 Parliament for the said University: 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.

Wards and Liveries.

Mr. Peirpont reports a Bill for taking away the Court of Wards, and Liveries, and all Tenures by Knight Service in Capite; or of Mesne Lands by Knight Service; which was this Day read the First time.

Resolved, That this Bill be read the Second time on Thursday Morning next.

William Haveningham.

Whereas William Haveningham Esquire, one of those who sat in Judgment upon the late King, hath demised one Messuage with the Appurtenances, and divers Goods, by Schedule, unto * Earl of Kildare;

Ordered, That it be referred to the Committee to whom the securing of Goods of that Nature is referred, to take care, that an Inventory be taken of the said Goods, and to take Security from the Earl of Kildare, for the safe keeping of the said Goods, and that the same shall be forthcoming: And that all other Goods in the said House belonging to Mr. Heveningham, not leased to the said Earl, be also inventoried, and seized on, and secured in like manner, to the Use of the King's Majesty.

Seditious Words.

Mr. Speaker acquainted the House with several Informations given in against several Persons for speaking dangerous Words against the King's Majesty.

The Information of Adrian' Pinkard, Wife of William Pinkard, was read.

Ordered, That these Informations be referred to the Committee appointed to receive Informations of this Nature, to examine the Matters, send for and secure the Persons, and report the same, with their Opinions therein, to the House.

Colonel Ingoldsby.

Ordered, That it be referred, and hereby it is recommended, to the Lord General Moncke, to do as he shall find Cause, for the restoring of Col. Henry Ingoldsby to his late Command at Limericke in Ireland.

Leave to attend the King.

Ordered, That the Lord General Moncke have the Leave of this House to go and attend his Majesty at his Landing, at such Time as he shall please: And that the like Leave be given to such other Members of this House, as he shall desire to accompany him.

King's Revenue.

Ordered, That it be referred to the Committee to whom the Consideration of settling a Revenue for the King's Majesty is referred, to consider what is fit to be done in the Case of Estates now under Sequestration; and to make Report to the House: And Col. King and Sir Anthony Irby are added to the same Committee.

Judicial Proceedings.

A Bill for continuing judicial Proceedings was this Day read the Second time; and, upon the Question, committed to Mr. Serj. Hales, Col. West, Mr. Skipwith, Ld. Commissioner Widdrington, Sir Anth. Irby, Mr. Hopkins, Serj. Maynard, Mr. Finch, Sir John Temple, Mr. Bulkeley, Mr. Sparkes, Col. Ireland, Col. King, Col. Rossiter, Mr. Swaile, Mr. Manwaring, Mr. Hunt, Col. Bowyer, Serj. Glyn, Mr. Turner, Mr. Weston, Mr. Trelawny, Ld. Commissioner Terrill, Sir Walt. Earle, Mr. Atkins, Mr. Ellison, Mr. Lee, Sir Tho. Wroth, Col. Birch, Mr. Shaw, Mr. Knight, Mr. Stephens, Mr. Charleton, Mr. Knightly, Mr. Stanhope, Mr. Streete, Mr. Pryn, Mr. Lee, and all the Gentlemen of the Long Robe: And they are to meet on Thursday in the Afternoon, at Three of Clock, in the Inner Court of Wards.

Freeman's Petition.

The humble Petition of Col. Edward Freeman, Governour of Cardiffe Castle, was this Day read.

Ordered, That this Petition be referred to the Committee for Privileges and Elections, to be by them heard in Course.

Grants of Offices, &c.

A Bill for making void of Grants, made since * May 1642, of Titles of Honour, Offices, Manors, Lands, Tenements, and Hereditaments, passed under several Great Seals, by the late King Charles, or the King's Majesty that now is, or any other Great Seal, was this Day read the Second time; and, upon the Question, committed to Mr. Seymour, Mr. Raynesford, Sir Wm. Wheeler, Col. Boyer, Col. Ireland, Mr. Knightly, Mr. Stephens, Mr. Gooderick, Sir Gilbert Gerrard, Sir Dudly North, Sir Walter Earle, Mr. Swale, Col. King, Mr. Ceasar, Mr. Bancks, Mr. Ellison, Mr. Litton, Sir Hen. Yelverton, Mr. Stanhope, Sir John Potts, Col. Hatcher, Mr. Downey, Sir John Hotham, Serj. Twisden, Sir Wm. Lewis, Mr. Poole, Mr. Streete, Mr. Gurdon, Mr. Trever, Serj. Hales, Col. Birch, Sir Ralph Ashton, Mr. Bradshaw, Mr. Finch, Ald. Robinson, Mr. Swinfin, Ld. President Annesley, Sir Anth. Irby, Mr. Young, Earl of Kildare, Ld. Commissioner Widdrington, Serj. Glyn, Col. Standysh, Sir John Temple, Mr. Hele, Mr. Darcey, Mr. Perrepont, Mr. Pryn, Mr. Bulkeley, Mr. Capell, Sir Wm. Dayley, Serj. Littleton, Mr. Henley, Mr. Gott, Mr. Shaw, Mr. Hunt, and Mr. Thurland; who are to meet in the Queen's Court, at Two of the Clock, this Afternoon.

Conference with Lords.

Mr. Annesly reports from the Committee to whom it was referred to prepare Heads to be Matter of a Conference to be had with the Lords, these Heads for a Conference; viz.

I.

1. Take notice, that there was no Complaint, in this Case, made by the Commons; nor is there any Entry thereof in their Journal.

2. If there had been a Complaint preceding, the Lords could not have proceeded as they have, in a judicial Way, without Consent of the Commons.

3. As this Case is, the Point of Judicature is not in Question; for,

1. This Order, sent by the Commons to the Lords for their Concurrence, is not in a judicial, but in an extraordinary Way; and for a notorious and transcendent Crime.

2. The Law allowed no such Proceeding regularly before Conviction.

3. This was in order only to bring them to a judicial Proceeding.

4. The Lords sent several Orders to the Commons, in the Cases of Sales, securing Rents, and hindering, cutting, or selling Wood and Timber, wherein the Commons concurred, and This before the Parties heard; and This in a Case of Members of the Lords House: All being assented to as Cases of Extremity.

II.

1. We cannot admit the Lords Judicature so largely as they assert it; but Judicature, as aforesaid, not being in Question, we decline this Dispute.

2. The Lords, we conceive, intrench upon the Commons Privileges; for Col. Hutchinson, a Member of the House of Commons, could not be under such an Order of the Lords upon any Account, unless the Commons Order had been consented to.

3. By this Way, if allowed, the Lords may vary from any Orders sent up by the Commons, without a Conference, and ground their Variation upon pretended Complaint of the Commons, when there is none.

4. The printing of the Lords Orders, before the Conference with the Commons, or their Consent, is a further intrenching on the Privilege of the Commons.

Resolved, 1. That a free Conference be desired with the Lords, upon the Matter of the last Conference.

Resolved, 2. That Mr. Munson do desire a free Conference with the Lords accordingly.

Resolved, That the Committee to whom it was referred to prepare Heads for a free Conference, be the Committee to manage the said Conference.

Letter Offices.

Ordered, That the Members of this House, who are of the Council of State, be required to take a special Care for the ordering and managing of the Revenue of the Letter Offices, to the best Advantage of the King's Majesty, according to their former Instructions.

Purchases of public Lands.

The humble Petition of divers Persons, interested in publick Sales, was read.

Ordered, That this Petition be referred to the Committee, to whom the Bill of Sales is referred, to take the same into their Consideration.

General Pardon.

Mr. Finch reports from the Committee to whom the Act of General Pardon was referred, a Letter from Thomas Walcott to Sir John Clotworthy and others; which was read.

Conference with Lords.

Mr. Mounson reports, that, according to the Commands of this House, he waited upon the Lords, and desired a free Conference, according to the Order of this House; that the Lords have granted a free Conference, as is desired; and have appointed the Painted Chamber for the Place, and the Time to be presently.

Ditto.

Mr. Annesley reports from the Committee for manageing the Conference with the Lords, that, according to the Order of the House, they had met with the Lords in the Painted Chamber; where they expected a free Conference; but the Lords waved it, further, than as they desired us to stay awhile, promising to come to us again; which they did shortly after; and then the Earl of Manchester, in the Name of the House of Peers, acquainted the Committee, that they did, with equal Kindness, entertain the Apprehensions of a Tenderness for a good Understanding betwixt the Two Houses, which shall ever be their Care; and that some of these Points being of great Concernment, and some of them new Matters, they would consider seriously of them, and pass such Resolutions therein, as will shew their Desires to keep a good Correspondence betwixt the Two Houses.

Letters read.

A Letter from Thomas Walcott, dated May the 12th, 1660, touching Words spoken by Sir Edward Fitze Harris and Mr. Johnson, was read.

The House being informed, that Mr. Thomas Walcott, (who writ the said Letter) and Sir John Clotworthy, were at the Door, they were called in; and Mr. Walcott being shewed the Letter at the Bar, he owned the Letter to be all his Hand Writing; and did avow and justify the Contents of the said Letter to be truly recited.

Persons committed.

Resolved, That Sir Edward Fitze Harris and Mr. Johnson be forthwith sent for in Custody, by the Serjeant at Arms attending this House.

Recusants.

Ordered, That a Committee be appointed to consider of the said Letter; and to prepare such Things, upon the present Debate, as they shall conceive necessary, for preventing the Mischiefs and Inconveniencies taken notice of; and so as all Officers may be required to put the Laws against Recusants in effectual Execution: And that Mr. Shapcott, Mr. Pryn, Serj. Glyn, Sir Jo. Northcott, Sir Henry Yelverton, Serj. Maynard, Ld. Angier, Col. King, Serj. Hales, Sir John Temple, Mr. Bampfield, Mr. Young, Mr. Palmer, Ld. President Annesley, Ld. General, Sir Walter Earle, Mr. Bulkley, Sir Wm. Lewis, Mr. Turner, Mr. Morris, Serj. Browne, or any Five of them, be the said Committee: And they are to meet this Afternoon in the Speaker's Chamber, at Three of the Clock; and have Power to send for Persons, Papers, Witnesses, and what else may conduce to the Business.