House of Commons Journal Volume 9: 7 December 1667

Die Sabbati, 7 Decembris, 1667.

Lindsey Level.

ORDERED, That the Lord Ancram, Mr. Clerke, Mr. Wren, Mr. Lovelace, Mr. Morrice Berkeley, Sir Gilbert Talbott, Sir Rowland Berkley, Sir William Godolphin, Mr. Rigby, Sir Thomas Tompkins, Sir Hugh Windham, be added to the Committee to which the Bill concerning Lindsey Level, is committed; as also the Members, that serve for the Counties of Gloucester and Somersett: And the Committee are to meet at Four of the Clock this Afternoon.

Committees.

Ordered, That all Committees, which were discontinued, be revived; and do sit at Two of the Clock this Afternoon.

Lord Mordaunt's Impeachment.

Ordered, That the Committee, to which the Petition and Articles exhibited by Mr. Taylor against the Lord Moredant, was committed this Session, be empowered to peruse the Articles brought in the former Session; and examine what new Matter is contained in this Petition and Articles, which was not in the former Articles; and to proceed, and make their Report therein.

Bedford Writ.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a Writ for electing a new Member to serve for the Town of Bedford, instead of Mr. Taylor, deceased.

Outwood Forest Inclosure.

A Bill for confirming an Inclosure of Part of the Forest of Outwood, was read the First time.

Yarmouth Pier.

A Bill for repairing the Harbour and Piers of Great Yarmouth in Norfolke was read: And the Matter thereupon, how the Pier was at first raised, and hath been formerly maintained; and what Lands, and other Revenue, are liable to the Maintenance; and that the Bill be made temporary; and other Matters; being debated;

Resolved, &c. That the Bill be committed, upon the whole Matter of the Debate, to Sir William Coventry, Mr. King, Mr. Jaye, Sir William Gawdy, Sir John Frederick, Sir John Berkenhead, Sir William Lowther, Sir Robert Atkins, Sir Thomas Lee, Sir William Doyley, Lord Richardson, Sir John Holland, Mr. Fran. Corey, Sir Solomon Swale, Mr. Pryn, Sir Charles Herbord, Sir Edm. Walpoole, Col. Reames, Sir Tho. Bludworth, Mr. Comptroller, Col. Birch, Lord Ancram, Sir Lanc. Lake, Sir William Tompson, Mr. Crowch, Mr. Hambden, Sir Edm. Windham, Sir Tho. Dike, Mr. Brunckard, Mr. Pepis, Sir Robert Carr, Sir William Lewis, Sir Walter Young, Sir Tho. Gower, Sir James Thynn, Sir John Moreton, Sir John Talbott, Sir Philip Harwick, Sir George Downing, Mr. Bascawen, Sir Franc. Windham, Sir Nicho. Carey, Mr. Trevor, Sir Tho. Littleton, and all the Members that serve for the Counties of Norfolke, Suffolke, the City of London, and the several Sea Ports: And they are to meet on Monday next, in the Exchequer Chamber, at Two of the Clock in the Afternoon: And to send for Persons, Papers, and Records.

Writs of Certioraris.

Ordered, That Sir Tho. Gower do put the Lords in mind of the Bill concerning Certioraris.

Juries.

Ordered, That the Report of the Committee concerning Juries be heard on Monday Morning.

General Naturalization Bill.

Ordered, That the Debate of the general Bill of Naturalization be adjourned, and resumed into Consideration on Monday Morning next, at Ten of the Clock.

Ordered, That Cosway Spiller be inserted into the Bill of Naturalization.

Privilege- Freedom of Speech.

Resolved, &c. That the Concurrence of the Lords be desired to the Votes of this House, concerning Freedom of Speech in Parliament; and that a Conference be, on Monday next, desired to be had with the Lords: At which Time the Votes may be delivered, and Reasons for them given. And it is referred to Mr. Vaughan, Sir William Lowther, Mr. Swynfen, Mr. Solicitor General, Sir Robert Atkins, Sir William Lewis, Sir Tho. Littleton, Sir Tho. Lee; or any Three of them; to prepare Reasons to be offered at the Conference.

Hearthmoney Tax.

Mr. Crouch reports from the Committee, to which the Petition of the Blacksmiths, and the Matter of Complaints concerning Abuses in collecting the Duty of Hearth-money, was committed, several Votes and Resolves of Grievances, and for a Bill to redress them: Which are as followeth; viz.

1. That the Farmers or Commissioners for the Duty of Hearth-money, enforce Wool-Combers, who use earthen Pots of Coals, portable from Place to Place, called Combers Pots, to make their Wool run the better, to pay for these Pots as Fire Hearths.

This . . . Committee voted a Grievance.

2. That the first Farmers demand this Duty of some Millers for a Flagg Stone in their Windmills, whereon they lay a Turf, or Fire Coal, to light a Candle withal: And this Stone they call a Fire Hearth, and distrain for the same:

This the Committee voted a Grievance.

3. The said Farmers demand from poor People, who, by all the several Acts, are exempted from this Duty, the Payment of this Money; who thereupon complain to the Justices of the Peace of that County; which Justices, upon no further Prosecution, ask these poor People, why they went not on to have Right done them; who told the said Justices, that they had compounded with these Farmers, and paid half: And so were content to ease themselves of further Trouble.

That the Committee voted a Grievance.

4. That in other Places, they threatened the like poor People; and demanded this Duty for Seven Half Years; and cause a great Terror in them; and some, upon that Terror, paid it: Other, who were exempted by Poverty, after Two Years, they distrained.

This the Committee voted a Grievance.

5. They likewise sent Warrants (with a Warrant which they got from some Justice of the Peace in the County) to warn all People within One Hundred or Division to appear before them, several Miles distant from their Habitation, upon the Penalties of the several Acts of Parliament for that Duty; and his Majesty's Proclamation.

This the Committee voted a Grievance.

6. And, in other Places, they enforced the Constables to send abroad their Warrants, and to make their Surveys, and to receive this Money for them, and to bring it them at some Distance.

This the Committee voted a Grievance.

7. That upon Pretence of Concealment of Chimneys, they will be their own Judges; and exact the Penalty without Application to the Justices of the Peace: And, over-and-above the double Duty, they exact Twelvepence for the Charge of the Distress.

This the Committee voted a Grievance.

8. They observe not the Clause of the Third Act: The Officers, with the Constables, are to certify to the Clerk of the Peace; and the Justices are to return it into the Exchequer; and so it is to stand: But this they observe not, but make themselves Judges, and thereupon distrain.

This the Committee voted a Grievance.

9. They do not allow legal Certificates, made by the Minister, and Churchwardens, and Overseers of the Poor of the Parish, and allowed by the Justices of the Peace, as being poor People, and exempted by the Law from this Duty; but, notwithstanding such Certificates, will make them pay.

This the Committee voted a Grievance.

10. That, they being summoned before Justices of the Peace, to determine Differences, they will not appear, nor obey their Determinations; and, in other Places, they said, They scorned to appear; and laughed.

This the Committee voted a Grievance.

11. That, after Distresses taken of much greater Value, than the Duty amounted unto, they will not, in several Months, set the Distress; whereby the Surplusage may be timely restored to the Owners; and refuse to come before the Justices of the Peace, who sent for them for that purpose: And said, they would keep it Seven Years pro Defecto Emptorum.

This the Committee voted to be a Grievance.

12. That they have distrained the Goods of several Persons, who, by reason of their Poverty, and the Smallness of their Estates, are exempted from the usual Taxes, Payments, and Contributions, towards the Church and Poor; their respective Houses not having above Two Fire Hearths or Stowes, nor divided into several Dwellings, nor set apart from Lands belonging to them.

This, as illegal, and a Grievance to the People, they desire may be redressed.

13. The said Officers demanded the Duty for Hearths walled up and destroyed before the first Survey, or any Act passed for Hearth Money.

This also a Grievance.

14. That several Persons, who have paid this Duty, and have Acquittances for the same, notwithstanding, are returned into the Exchequer as Defaulters; and Process from thence issued out to levy the same again.

This also a Grievance.

15. It is the Opinion of this Committee, that no private Oven; no Still; no Smith's Forge, or Blowing House; no Furnace; no Places in Kitchens for keeping Dishes warm, or stewing; no Lead or Copper; nor any Place used only for conveying the Smoak, or receiving the Coals drawn out of the said Ovens or Furnaces, or from under the said Coppers, and not used as a Hearth, for any other Intent or Purpose; ought, by any of the said Acts of Parliament, to be charged as Fire Hearths; and be liable to the said Duty: And

That the best Way to remedy the Inconveniences will be a new Bill.

Which Votes and Resolves, to the Twelfth, were twice read; and, upon the Question, severally agreed to by the House, to be Grievances.

Resolved, &c. That the further Debate upon the Report concerning Hearth Money be adjourned till Tuesday Morning, the First Business.

Ordered, That all Committees, that were to sit this Afternoon, be adjourned till Monday at Two of the Clock in the Afternoon.

And then the House adjourned till Monday Morning, Eight of the Clock.