House of Commons Journal Volume 7
29 April 1657

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1802

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'House of Commons Journal Volume 7: 29 April 1657', Journal of the House of Commons: volume 7: 1651-1660 (1802), pp. 526-528. URL: http://british-history.ac.uk/report.aspx?compid=24625 Date accessed: 18 September 2014.


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Wednesday, the 29th of April, 1657.

Ordinances agreed to.

THE House resumed the Debate adjourned Yesterday, according to former Order.

(fn. [a]) Resolved, That an Ordinance for reviving the Jurisdiction of the County Palatine of Lancaster, and for holding Assize there, be continued as aforesaid.

(fn. [b]) Resolved, That one Ordinance, intituled, An Ordinance appointing who shall be Justices of Assize for the County Palatine of Lancaster, be continued as aforesaid.

(fn. [c]) Resolved, That one Ordinance, intituled, An Ordinance for reviving the Court of the Duchy of Lancaster, be continued as aforesaid.

Forfeited Estates.

Mr. Desbrow reports from the Committee to whom the Matter was referred Yesterday, touching Donatives in Scotland and Ireland, That it is the Opinion of the Committee, that the Ordinance for settling the Estates of several excepted Persons in Scotland, in Trustees, to the Uses herein expressed, with this Proviso; viz "Provided, nevertheless, That the Wives and Children mentioned in this Ordinance, who are required to make Release of these Claims out of the confiscated Estates, shall have Six Months time, from and after the First Day of May next, to make Release as is therein required; which Release is declared, shall be as effectual, to all Intents and Purposes, as if the said Release had been made within the Time limited therein:" Which was read.

Ordered, That the Debate upon this Report be re-committed; and to consider of the Orders of his Highness and the Council, now mentioned by the Lord Lambert; and to bring in their Report presently: Lord Lambert, Mr. Swynton, and Lord Cockram, be added to this Committee: And that the Committee do presently withdraw.

Mr. Disbrow doth also report from the Committee, A Proviso touching several Donatives of Lands in Ireland, in these Words: "Provided, That nothing herein contained, shall be construed to make void any Order or Vote of Parliament, or either House of the Parliament begun at Westminster the Third Day of November 1640, whereby any Lands or Estates were given or granted, or directed to be set forth by Survey upon Oath, or otherwise, unto Sir Charles Coote, Lieutenant General Michaell Jones, Sir Hardresse Waller, Dr. Henry Jones, the Relict of Sir Simon Harcourt, Sir George Aiscue, Colonel Jerome Zankey, the Relict of Colonel Benjamin Blundell, Serjeant Edward Dendy, or to any other Person or Persons who have and do continue faithful to the Commonwealth; but the same shall stand, and be in Force."

Resolved, That the Matter upon this Debate touching Orders of Parliament for Donatives in Ireland, be referred to a Committee, to bring in a Bill, or to offer something else to the House, in reference thereunto.

Major Morgan, Sir Charles Wolsley, Sir John Trevor, General Disbrow, Colonel Jones, Mr. Bond, Colonel Zanchy, Mr. Whitegrave, Sir Theophilus Jones, Sir Wm. Strickland, Major Aston, Alderman Tigh, Lord Broghill, Mr. Godfrey, Mr. Bampfeild, Mr. Whiteway, Mr. Clark, Mr. Gooking, Sir Thomas Pryde, Colonel Fowke, Mr. Waller: To meet To-morrow Morning, in the Speaker's Chamber, at Seven of the Clock.

Irish Affairs.

Ordered, That the Committee for Irish Affairs be revived, and meet this Afternoon, at Two of the Clock in the Queen's Court.

Scotch Universities.

Resolved, That one Ordinance, intituled, An Ordinance for the better Support of the Universities in Scotland, and Encouragement of publick Preachers there, be continued, and stand in Force, till further Order taken in Parliament, as to that Part thereof only that concerns the better Support of the Universities in Scotland, and no more.

Irish Army Accompts.

The House proceeded in the Report Yesterday made: And, upon the Question, the House agreed with the Committee, as to the Act, intituled, An additional Act for stating and determining the Accompts of the Officers and Soldiers of the Army in Ireland.

Marriages, &c.

The Question being put, That the House doth agree with the Committee, as to an Act touching Marriages and the Registering thereof; and also touching Births and Burials;

The House was divided.

The Yeas went forth.

Colonel White, Tellers for the Yeas: 69.
Colonel Clerk, With the Yeas,
Sir John Thorowgood, Tellers for the Noes: 69.
Mr. Bond, With the Noes,

Mr. Speaker declares himself to be a Noe.

So it passed in the Negative.

The Question being propounded, That one printed Act, intituled, An Act touching Marriages, and the Registering thereof, and also touching births and Burials, be continued for Five Years, unless the Parliament shall, in the mean time, take other Order to the contrary;

And the Question being put, That these Words, except this Clause therein, "and no other Marriage whatsoever within the Commonwealth of England, after the 29th of September 1653, shall be held or accounted a Marriage according to the Laws of England," be Part of this Question;

It passed in the Negative.

The Question being put, That this Clause, viz. "And no other Marriage whatsoever, within the Commonwealth of England, after the 29th of September, in the Year of our Lord 1653, shall be held or accounted a Marriage according to the Laws of England," shall stand as Part of this Act;

It passed in the Negative.

Resolved, That one printed Act, intituled, An Act touching Marriages, and the Registering thereof, and also touching Births and Burials, thus amended, be continued for Six Months, (fn. [a]) from the 29th of April 1657; unless the Parliament, in the mean time, take further Order.

Resolved, That this Debate be adjourned, till Four of the Clock this Afternoon.

Post Meridiem.

Marriages, &c.

THE House resumed the Debate which was adjourned.

The Question being put, That this Proviso be added; viz. "Provided nevertheless, that such Marriages as have been made since the 29th of September 1653, between Parties, either of them under the Age of One-and-twenty Years, without Consent of Parents or Guardians (the said Parties, or either of them, then having Parents or Guardians), unless the said Parents or Guardians have, or hath, since the said Marriage, consented thereunto; and all Marriages which shall be hereafter made, during the Continuance of this Act, between Parties, either of them under the Age of 21 Years, without Consent of Parents or Guardians (the said Parties, or either of them, then having Parents or Guardians) shall, according to the Intent and Meaning of the said Act, be null and void.

The House was divided.

The Yeas went forth.

Sir Rich. Onsloe, Tellers for the Yeas: 41.
Mr. Swinton, With the Yeas,
Sir John Reynolds, Tellers for the Noes: 47.
Mr. Hampden, With the Noes,

So it passed with the Negative.

Forfeited Estates.

Mr. Disbrow reports from the Committee to whom the Proviso, reported in the Morning, touching the Donatives in Scotland was committed, their Opinion; That the Ordinance, intituled, An Ordinance for settling the Estates of several Persons in Scotland, in Trustees, to the Uses, herein expressed, be confirmed with this Proviso following; viz. "Provided, nevertheless, that the Wife, or Wives, and Children mentioned in this Ordinance, or in the Ordinance of Pardon or Grace, who are required to make Release of their Claims out of the confiscated Estates, shall have Six Months Time from and after the First of May 1657, to make Release, as is therein required; which Release, is declared, shall be as effectual, to all Intents and Purposes, as if the said Release had been made within the Time limited in the Ordinance for the same:" Which was read; and, upon the Question, agreed.

He also reports another Paper: Which was read; and, after some Amendments at the Table, was agreed in these Words; viz. "And whereas also an Order was made by his Highness and the Council, bearing Date the of relating to the said Ordinances of Pardon and Grace, and for settling the excepted Estates in the Hands of Trustees; The said Order is hereby confirmed; provided nothing in the said Order shall extend, nor be construed to extend, to impeach the Right or Possession of any Person or Persons, of his or their Donatives, until he or they have received just Satisfaction, as is expressed in the said Order; the First Moiety to be paid upon the First Day of June 1657; and then, or before, Security be given to the said Parties to their Content and Good-liking, for the Payment of the latter Moiety, upon the 1st Day of October next following: And provided also, that the rest of the Monies payable by the said Order, be paid, the first Moiety on or by the First of June, and the other Moiety on or before the First Day of October, then next following: Provided also, That the Countess of Lowderdale shall have no Benefit by the said Order, unless she shall, within Six Months after the First Day of May 1657, release all her Right, Title, and Interest in any other Lands or Estate in Scotland, claimed by her by way of Jointure."

And, upon the Question, the House did agree with this Committee, as to the said Ordinance, with these Provisoes and Clauses thus amended.

Resolved, That this Proviso be added to the Ordinance of Pardon and Grace; viz. "Provided, That nothing contained in the said Ordinance of Pardon and Grace to the People of Scotland, shall impeach or invalidate, or be construed to impeach or invalidate, any Articles granted by the Commander in Chief of the Forces in Scotland, for the Time being, to any the Persons therein named or comprized; and which Articles have since been approved of by his Highness and Council.

Marriages, &c.

Resolved, That the Six Months for Continuance of the Act touching Marriages, &c. do commence from the 29th of April 1657: And that the Vote be amended accordingly.

Earls Calender and Cranston.

Resolved, That a Bill be brought in for Confirmation of the Pardon of the Earl of Calender and the Lord Cranston, according to the Order of his Highness and the Council: And that it be referred to the Lord Broghill, Lord Lambert, Mr. Swinton, Earl of Tweddale, and Lord Howard, to bring in the said Bill.

Ordinances agreed to.

The House proceeded in Debate upon the List of Acts: And, upon the Question, did agree with the Committee, as to the Acts following; viz.

Sept. 8. An explanatory additional Act for the Sale of the remaining Fee-Farm Rents, and the finishing of that whole Affair.

3. An Act concerning the Planters of Tobacco.

26. An Act for the speedy and effectual Satisfaction of the Adventurers for Lands in Ireland, and of the Arrears due to the Soldiers there, and of other Publick Debts; and for the Encouragement of Protestants to plant and inhabit Ireland.

Octob. 19. An Act impowering the Committee for the Army to state and determine the Accompts of all Officers and Soldiers, and others employed by them, for Monies by them received, from the 26th Day of March 1647, until the 25th of July 1653.

Novemb. 12. An Act for regulating the making of Stuffs in Norffolk and Norwich.

Octob. 8. An Act to admit Charlott, Countess Dowager of Derby, to Composition, and for One thousand Pounds to be given to Robert Massey, for Satisfaction of his Losses.

Novemb. 9. An Act to enable Robert Peyton Esquire, and Algernon Peyton his Brother, to make Sale of Part of their Lands, to pay their Debts.

9. An Act to enable Ferdinando Earl of Hunt' to sell some Lands for Payment of his own Debts and his Father's; and to restrain him from making Leases of other Lands, to the Prejudice of his Issue.

Chancery Court.

Resolved, That the Ordinance for the better regulating and limiting of the Jurisdiction of the Court of Chancery, be continued in Force, until the End of this Parliament, and no longer, without further Order in Parliament.

Customs and Excise.

Resolved, That all Acts and Ordinances touching the Customs, and the Preservation thereof; and all Acts and Ordinances touching the Excise, and the regulating thereof, together with one Clause contained in an Order and Declaration of his Highness and the Council, dated the 8th of February 1654, and intituled, An Order and Declaration of his Highness the Lord Protector, with the Advice of his Council, touching the Continuance of the Duty of Excise and new Impost; Which Clause beginneth with these Words; viz. "That the several Acts and Ordinances, and Orders, relating to the Excise, &c." and continueth to the End of the said Order and Declaration; And also all Orders and Declarations of his Highness, with the Advice of the Council, touching the Duties of Custom and Excise, or new Impost in Scotland and Ireland, and the Preservation thereof: And all Acts and Ordinances, and Orders and Declarations of his Highness the Lord Protector, with the Consent of the Council, relating to the Committee, the Army, and Treasurers at War; Be continued, and stand in Force, until further Order shall be taken in Parliament.

Forests and Chases.

Resolved, That the Ordinance, intituled, An Ordinance for Sale of four Forests, or Chases, reserved for collateral Security to the Soldiers, be so far continued, as it extends to secure the Right of the State in those Lands so disposed of to the Soldiers: But, as to the Powers given by the said Ordinance, or any Instructions or Proceedings in pursuance thereof, for determining the Rights of the Proprietors and Commoners of the said Forests; the said Ordinance, Instructions, and Proceedings, be suspended: And this House doth declare, That what shall fall short to the Soldiers upon this Security, this House will find some other Way for their real Satisfaction.

Resolved, That it be referred to a Committee, to prepare a Bill to provide how the said Proprietors and Commoners may make out the Evidence of their several and respective Interests and Rights, and for the Disposal of the said Forests accordingly: Viz. General Desbrow, Colonel White, Sir Rich. Onsloe, Mr. Aston, Captain Baines, Master of the Rolls, Colonel Clerk, Major-General Whalley, General Mountague, Sir Charles Wolsley, Mr. Whitgrave, Mr. Bond, Colonel Salmond, Sir John Trevor, Mr. Wagstaff, Mr. Grove, Mr. Burton, Mr. Noell, Major-General Bridges, Mr. Dewy, Mr. Fowell: To meet on Thursday, at Two of Clock, Afternoon, in the Inner Court of Wards.

Resolved, That Lands of the clear Yearly Value of a hundred Pounds per Annum, out of the Forests, be continued to the Heir of Mathias Valentine deceased, and his Heirs; and that it be referred to the Committee last named, to bring in a Bill for that Purpose.

Resolved, That this Debate be adjourned till To-morrow Morning Eight of the Clock; and nothing to intervene.

Footnotes

[a] In the Margin is written "28 Febr."
[b] In the Margin is written "21 June."
[c] In the Margin is written "9 June, 1654"
[a] In the Margin, against the Words between Hooks (which are interlined in the Original) is written, "Amended by Order, upon Question, 29 Apr. 1657."