Wednesday, February 15th, 1659.
Letters, &c. read.
LETTERS from Colonel Overton, from Hull, of the
12th of February 1659; and a Declaration for the
secluded Members, or a free Parliament, and against
Paying of Taxes, under the Hands of several Gentlemen
in Yorkeshire; and a Letter, directed to General Monck;
Ordered, That the said Letters be referred to the
Council of State.
Whereas the Name of Richard Barton, in the additional Act for Sequestrations, is mistaken; his Name
being Henry and not Richard: It is Ordered, That the
Name being so mistaken, be amended by the Clerk of
Commissioners of Assessment.
Ordered, That Edward Sealy, Morris Berkley, and
John Bampfeild, be and are hereby, nominated and appointed Commissioners for the Assessment in the County
of Somersett: And that they, and every of them, be, and
are hereby, impowered and authorized to sit and act as
Commissioners for the Assessments, as fully, to all Intents
and Purposes, as if they had been rightly named, in the
Act, intituled, An Act for an Assessment of One hundred thousand Pounds by the Month, upon England,
Scotland, and Ireland, for Six Months; their Names being
mistaken in the said Act.
Ordered, That John Browne, Job Gibson, and Henry
Phillipps, be and are hereby, nominated and appointed
Commissioners for the Assessment in the County of
Bucks: And that they and every of them, be and are
hereby, impowered and authorized to sit and act as Commissioners for the Assessments, as fully, to all Intents
and Purposes, as if they had been named in the Act intituled, An Act for an Assessment of One hundred thousand Pounds by the Month, upon England, Scotland, and
Ireland, for Six Months.
Ordered, That Sir Francis Norris be, and is hereby,
nominated and appointed to be a Commissioner for the
Assessments in the County of Oxford: And that he be,
and is hereby, impowered and authorized to sit and act
as a Commissioner for the Assessments, as fully, to all
Intents, as if he had been named in the late Act, intituled, An Act for an Assessment of One hundred thousand Pounds, by the Month, upon England, Scotland,
and Ireland, for Six Months.
Alderman Atkin made known to the Parliament, A
Paper, of several Informations given in to the Lord Mayor
and Aldermen of the City of London; with the Desire of the
Lord Mayor and Aldermen, That the same being scandalous to divers Members of Parliament, may be examined.
Ordered, That the said Paper be referred to a Committee; to examine the Parties, who gave in the said
Informations to the Lord Mayor and Aldermen; and to
state Matter of Fact; and report it to the Parliament:
Viz. unto Sir Arthur Hesilrig, Lord Commissioner Lisle,
Colonel Lister, Alderman Atkin, Alderman Pennington,
Mr. Robinson, Sir Henry Mildmay, Mr. Brewster, Mr.
Leman, Mr. Boone, Mr. Weaver, Mr. Blagrave, Mr.
Oldsworth, Colonel Dove, Colonel Fagg, Colonel Birch,
Colonel Peter Temple, Mr. Nevill, Mr. * Darley, Colonel Waite, Colonel Harvey, Colonel Lassells, Sir John
Bourchier, Colonel Fleetwood, Sir Wm. Brereton, Mr.
Cawley, Mr. Baker, Mr. Gurdon, Colonel Martin; or
any Five of them: And are to meet in the Inner Court
of Wards, at Three of Clock in the Afternoon: With
Power to send for Persons, Papers, Witnesses; and what
else may conduce to the Business.
The Parliament this Day resumed the Debate upon the
Qualifications of Members to sit and serve in Parliament.
And the next Clause; viz. "And be it further Enacted,
That all Votes given, and Elections made, contrary to, and
not agreeing with, the Qualifications aforesaid, shall be
void, and of none Effect: And that if any Person or
Persons, so uncapable, as aforesaid, shall give his or their
Vote for Election of Members to serve in Parliament, all
and every such Person and Persons, so electing, shall lose
and forfeit One Year's Value of his and their respective real
Estates, and One full Third Part of his and their respective
personal Estates; the One Moiety thereof to the Commonwealth, and the other Moiety to him or them who shall
sue for the same in any Court of Record, by Action of
Debt, Bill, Plaint, or Information; wherein no Essoign,
Wager of Law, or Protection, shall be allowed;" was
read; and, upon the Question, agreed unto.
Ordered, That Mr. Say, Mr. Attorney-General, Mr.
Nevill, Mr. Justice Hill, Colonel Lister, Mr. SolicitorGeneral, or any Three of them, do withdraw; and pen
a Clause, or amend this Clause, upon the Debate of the
House; viz. "And be it further Enacted, That if any
Person or Persons shall be elected to serve as a Member
of Parliament, that shall not be qualified as aforesaid, or
that is made uncapable by this Act; and shall presume,
upon such Election, to sit in Parliament; that such Person
and Persons shall lose and forfeit the Sum of One thousand Pounds; the one Moiety thereof to the Use of the
Commonwealth, the other Moiety to the Use of such
Person or Persons as shall sue for the same in any Court
of Record by Action of Debt, Bill, Plaint, or Information; wherein no Essoign, Wager of Law, or Protection,
shall be allowed."
Ordered, That it be referred to the said Committee, to
consider, How the Engagement, passed Yesterday, may
be made one of the Qualifications for Members that shall
be elected to sit and serve in Parliament.
And the next Clause, beginning with these Words;
viz. "And forasmuch;" and ending with these Words;
viz. "at their own Homes;" was read.
The Question being put, That this Clause do stand in
It passed with the Negative.
And the next Clause; viz. "Be it therefore Enacted,
That no Person or Persons, proposed to be elected as a
Member of Parliament for any County, City, Borough,
or Place, shall, from and after the First Day of February
1659, give or promise any Entertainment unto the Electors; but that they do forthwith proceed to the Determination of the Elections; to the end the Country may, with
all convenient Speed, be dismissed;" was read.
Resolved, That the Word "and" be inserted in the
Beginning of this Clause; and the Word "further" inserted, instead of the Word "therefore;" and that the
Word "proposed," in the Second Line of this Clause,
Resolved, That the Words "directly or indirectly, by
himself or others," be inserted, between the Word "promise," and the Word "any" in the Fourth Line of this
Clause; and that the rest of the Clause, following the
Word "Electors," in the same Line, be omitted; and
these Words; viz. "before or after the Election made;"
inserted instead thereof: And the said Clause, so amended,
was, upon the Question, agreed unto.
Resolved, That for the Filling up of the Parliament,
Writs do issue forth to the several Counties, Cities, and
Boroughs, in England and Wales, according to usual
Course, as hath been anciently accustomed.
Ordered, That it be referred to the same Committee to
whom it was formerly referred; to present for what Counties, Cities, and Boroughs, the Members now sitting do
serve; and also present the Names of such Members as
serve for the same, To-morrow Morning.
Ordered, That the Bill for Qualifications be ingrossed.
Ordered, That Colonel Edmund Syler, Colonel Leonard
Lytcott, and Colonel Samuell Atkins, be, and are hereby,
constituted and appointed Commissioners for Excise and
Customs, at Leith, in Scotland: And that they, or any
Two of them, are hereby authorized, from time to time,
to inspect and direct the Officers for collecting the Excise
and Customs, in the other Parts of Scotland: And they
are also to pursue and execute the former Instructions
given to Commissioners for collecting Excise and Customs
in that Nation, until the Parliament give further Order.
The Lord Commissioner Widdrington reports, An Act
appointing an Engagement to be taken by the Members
of the Council of State: Which was this Day read the
First and Second time; and, upon the Question, committed to Mr. Corbet, Mr. Leaman, Mr. Darley, Mr.
Challoner, Mr. Millington, Lord Chief-Baron Wild, Mr.
Justice Hill, Colonel Fagg, Mr. Weaver, Colonel James
Temple, Colonel Morley, Mr. Dormer; or any Five of
them: And are to meet this Afternoon, at Four of Clock
in the Speaker's Chamber; And are to bring it in Tomorrow Morning, the first Business: And Mr. Dormer
is to take care of it.