Saturday, August 25th, 1660.
A BILL for confirming to Charles Doe the Manor
of Hitcham, to him sold by John Clarke, was read
the Second time; and, upon the Question, committed
unto Mr. Pedley, Sir Richard Onslow, Sir John Northcot,
Mr. Charlton, Colonel Shapcot, Mr. Knightley, Sir Wm.
Wheeler, Mr. Bunckley, Mr. Huxley, Sir Anthony Irby,
Mr. Rainsford, Mr. Walpoole, Sir Wm. Windham, Mr.
Eyres, Mr. Wingfeild, Mr. Annesley, Sir Henry North,
Mr. Crowtch, Mr. Thomas, Mr. Chaffe, Sir Edward
Rossiter, Colonel Jones, Mr. Hobby, Mr. Minors, Colonel
Gerrard, Mr. Collins, Sir Tho. Clergis, Mr. Lowther,
Mr. Rowse, and all the Knights and Burgesses, that serve
for the County of Bucks: And they are to meet in the
Speaker's Chamber, on Monday next, at Two of the
Clock in the Afternoon; and they have Power to send
for Persons, Papers, Writings, Witnesses, and all the
Parties; and what else may conduce to the Business;
and they are to hear all Persons concerned.
State of the Army.
Sir Wm. Doyley reports from the Committee for the
Army, the State of the Army, as to the Charge of the
monthly Pay; and the Arrears incurred since the 29th
of May last.
Disbanding the Army.
Resolved, That the Commissioners for the Army do
attend the Lord General, and advise with him about the
most commodious Way for disbanding the Army; and
touching other Matters necessary to be proposed, in order
thereunto; and how the Revenue designed to that End
may be best improved, to the Purposes for which it is
intended: And they are to desire the Lord General, as
the Sense of this House, that, after this Day, no new
Officers or Soldiers be entertained into the room of any
that shall die, or be removed; and, upon the Whole,
they are to make Report to this House.
Resolved, That the Commissioners for the Army be
and hereby are impowered, to consider of the best Way
for getting in of Money, towards disbanding of the
Army; and, from time to time, to report their Opinion
to this House.
Sir Thomas Clergis reports from the Committee, to
whom the Consideration of an Establishment for the
Garison of Dunkirke is referred, the Opinion of the
said Committee, that the Forces in the Garison of Dunkirke consist of Three thousand Six hundred Foot; to
be put into Two Regiments; each Regiment to consist
of Eighteen hundred Men, to be divided into Twelve
Companies; and each Company to consist of One hundred
That there be also One Regiment of Horse, to consist
of Four hundred Thirty-two; to be divided into Six
Troops; each Troop consisting of Seventy-two, besides
Officers; and that the Lord General be appointed to model
the said Forces, to the said Numbers, accordingly:
That the Pay and Entertainment of the Governor,
and all the Officers and Soldiers, of the said Garison,
be according to the annexed Establishment; and that
they be paid out of the Moiety of the whole Excise of
Beer and Ale: And
That, for the present necessary Accommodation of
the Soldiers in the said Garison, Money be advanced
for providing One thousand Chaldron of Coals, for the
Guards, and the Soldiers in their Huts; the Governor
to abate and deduct out of their Pay what is spent in
the Huts: And
That One hundred Centinel Guards, and Five hundred
Pair of Bend-leather Holsters, be furnished out of the
Stores; and the Lord General be desired to give Order
accordingly for them: And
That, for the Settlement of the Establishment of the
said Garison, and the Pay of the Forces, an Act be
prepared, and presented to this House.
He also reports an Establishment for the said Garison.
Resolved, That an Act be brought in for settling the
Establishment of the said Garison, and for Pay of the
Forces there; according to the said Report.
An Act for settling the Establishment and Pay of the
Forces in the Garison of Dunkirke, was read the First
Resolved, That this Bill be read the Second time on
Resolved, That the Lord General be desired to give his
Order for supplying the Forces in Dunkirke with such
Arms, out of the publick Stores at the Tower, as he
shall find necessary for the securing of that Garison.
Regulating Fees, &c.
Resolved, That a Committee be appointed to consider
of the Regulating of the Fees of all Courts and Offices
through the Kingdom; and to receive and examine all
Complaints of extorted Fees; and to prepare Tables of
Fees for such Courts and Offices; and also, to consider
of the Burden on Sheriffs in passing of their Accompts;
and, from time to time, to report to the House: And
that Sir Richard Onslow, Sir John Marsham, Sir Lancelot
Lake, Mr. Hele, Sir John Bowyer, Sir Robert Brooke, Mr.
Lowther, Sir Wm. Doyley, Mr. Crowch, Dr. Cleyton,
Mr. Swanton, Sir Edward Rossiter, Mr. Swinfin, Mr.
Trelawney, Sir Henry Oxenden, Mr. Charlton, Mr.
Collins, Sir Anthony Cope, Mr. Phillips, Mr. Manwaring,
Mr. Delves, Sir Henry Williams, Mr. Thomas, Mr.
Gott, Mr. Mountague, Mr. Culliford, Mr. Annesley, Lord
Aunger, Serjeant Hales, Mr. Pryn, Sir Edward Turner,
Sir Gilbert Gerrard, Mr. Bampfeild, Sir John Northcot,
Sir Wm. Windham, Sir Tho. Meeres, Sir Anthony Irby,
Sir John Price, Sir Thomas Clergis, Mr. Connyers, Sir
Wilfrid Lawson, Sir William Wild, Sir Henry Cesar,
Sir Wm. Wheeler, Mr. Baker, Colonel Hatcher, Sir
Solomon Swale, Colonel Birch, Mr. Gwynn, Colonel
Shapcot, Mr. Ellison, Colonel Gerrard, Serjeant Glyn,
Colonel King, Mr. Rainsford, Sir Francis Gerrard, Mr.
Yong, Mr. Trevor, Mr. Bunckley, Colonel Willoughbey,
Mr. Crew, Mr. Minors, Sir John Rous, Sir Richard
Price, Sir Edward Knight, Mr. Chafe, Mr. Courtop, Sir
Geo. Reeve, Mr. Peckham, Colonel Francis Windham,
Sir Roger Bradshaw, Mr. Ferrers, Mr. Mallet, Mr.
Grove, Mr. Moore, Mr. Allen, Mr. John Robinson, be
the said Committee: And they are to meet on Tuesday
next in the Afternoon, in the Inner Court of Wards;
and to meet de die in diem: And they have Power to
send for Persons, Papers, Witnesses, Writings, Records,
Table of Fees; and what else may conduce to this
Resolved, That the Committee to whom the apportioning of the One hundred thousand Pounds per Ann. on
the Counties, in lieu of the Court of Wards, is referred,
do meet this Afternoon, and make their Report on
An Order of this House, of the Twentieth of June
last, was this Day read; being as followeth; viz.
"Resolved, That all further Payments upon any Debts
contracted betwixt the Fifth of December 1648, and the
Two-and-twentieth of February 1659, (other than those
which concern the Navy and Army) be stopped and
forborne till further Order."
Ordered, That a Copy of the said Order be sent to
the Receipt of publick Exchequer, the Commissioners
of Excise, and the other Treasuries: The Officers of
which Receipts and Treasuries are to observe the same
Ordered, That Dr. Cleyton and Mr. Crowch be added
to the Committee to whom it is referred to consider of
Ordered, That Sir Anthony Ashley Cooper, Mr. Vernon,
Mr. Spencer, and Mr. Lucy, be added to the Committee
to whom the Marquis of Hertford's Bill is referred.
The House resumed the Debate upon the Amendments offered from the Committee to the Bill for Ministers Livings.
The Amendment, Page 7, Line 13, was read; and,
on the Question, agreed unto.
A Proviso, for the Avoidance of Livings, with Cure
of Souls, in the Hand of any Ecclesiastical Person, who
by this Act, continues incumbent, and is scandalous,
insufficient, &c. was read:
Resolved, That after these Words in the 7th Line,
"Commissioners appointed by this Act," these Words,
"and thereupon adjudged by the said Commissioners,"
Resolved, That these Words in the said Proviso, "or
which hath by Preaching, Printing, or Writing, declared
his Judgment to be against the Administering of the
Sacrament of the Lord's Supper to such Persons as were
not scandalous or ignorant," be omitted.
Resolved, That the said Proviso, so amended, be
The Amendment, Page 8, Line 7, concerning Commissioners to put this Act in Execution, was read; and
the Debate thereof reserved to the finishing of the other
Amendments and Provisoes.
The Amendments, Page 9, Line 9, 10, 11, 15, were
Resolved, That to the Amendment in the 10th Line,
after "valuable Consideration," these Words be added,
"paid or given."
Resolved, That to the Amendment in the 15th Line,
after "December," there be added "1660."
And the said Amendments, with those Alterations,
were, on the Question, agreed unto.
Resolved, That in the Body of the Bill, Page 9, Line
16, before the Words "good and effectual," the Word
"as" be added.
Resolved, That in the 9th Page, last Line, these
Words, "and shall not be avoided," be omitted.
Another Proviso was tendered to this Bill; being as
"Provided also, that this Act, or any thing therein,
shall not extend to confirm any Ecclesiastical Person,
or Minister, in any Benefice, Living, or Ecclesiastical
Promotion, that shall refuse to take the Oaths of Allegiance and Supremacy, being tendered unto such Ecclesiastical Person, or Minister, by the said Commissioners,
or any Three of them: Which said Commissioners, and
every Three of them, are hereby enabled and enjoined
to administer the said Oaths accordingly:" Which was
read the First and Second time:
Resolved, That after the Word, "confirm," in the
2d Line, the Words "or restored" be added; and after
the Words "Minister in," the Words "or to" be
And the said Proviso, so amended, was, on the Question, agreed unto.
Another Proviso was tendered to this Bill; viz.
"Provided, that nothing in this Act contained shall
extend to the Prejudice of any Person or Persons, who,
by Letters Patents under the Great Seal of England,
dated before the Twenty-sixth of August 1660, is intitled
to any Ecclesiastical Dignity, Benefice, or Promotion;
but that they, and every of them, shall and may hold
and enjoy such Ecclesiastical Dignity, Benefice, and
Promotion respectively, in as full and ample Manner,
as he or they might have done, if this Act had not been
made; any thing in this present Act contained to the
contrary thereof in any wise notwithstanding:" Which
was read the First time.
Ordered, That the Debate of this Proviso be adjourned
to Monday next, at Ten of the Clock in the Forenoon.
Lords desire a Conference.
A Message from the Lords, by Dr. Hobart * *,
Masters of Chancery;
Mr. Speaker, the Lords desire a present free Conference with the House of Commons, in the Painted
Chamber, of the Two last free Conferences about the
Bill of Indemnity.
Ordered, That a present free Conference with the
Lords be granted, as is desired.
The Messengers being called in, Mr. Speaker gave
them this Answer;
The House have considered of your Message; and do
agree to a present free Conference with the Lords.
Ordered, That that Committee to whom the Management of the former Conference was referred, do manage
Ordered, That the Serjeant at Arms attending this
House suffer none to go out of the House, till those that
are to manage this Conference be gone forth.
Sir Henage Finch reports the Substance of the Conference with the Lords, in Effect, as followeth:
"The Lord Chancellor told us, how unhappy soever
former Conferences have been, This, he doubted not,
would be happy to King and Kingdom; and beget a
chearful Submission of all People to the Determination
of the Parliament: He said, He would repeat nothing of
what he had formerly said; for though the Lords might
have insisted, in the Reasons they formerly offered, yet
they have now complied with this House, in Effect,
though not in Form. The Expedient for a final Conclusion of the Difference, was this; that these Gentlemen,
that rendered themselves on his Majesty's Proclamation,
should stand in the same Classes as in the Lords Amendments, formerly sent down; that is, as Persons generally
excepted for Life and Estate: But, to qualify that, they
offered a Clause to be added by way of Amendment,
wherein the Names of those Persons, who rendered themselves (-their Lordships know them not, and so have left
the Paper with a Blank, for that-) upon an Opinion,
that they might safely do so, and have not fled to avoid
the Justice of the Parliament, (who, he conceived, will
be looked upon otherwise, as Persons that have lost the
Benefit of the Proclamation) may be inserted by this
House; and, he supposed, a special Care would be had
of securing their Persons."
And then the Reporter read the said Clause; being as
"But, in regard the said have personally
appeared, and rendered themselves according to the
Proclamation bearing Date the Sixth Day of June 1660,
to summon the Persons, therein named, who gave Judgment, and assisted in the said horrid and detestable Murder of our said late Sovereign, to appear, and render themselves; and do pretend thereby to some Favour, upon
some conceived doubtful Words in the said Proclamation;
Be it Enacted, by this present Parliament, and the Authority of the same, (upon the humble Desires of the Lords
and Commons, assembled in Parliament) That if the said
or any of them, shall be legally attainted
for the horrid Treason and Murder aforesaid, that then,
nevertheless, the Execution of the said Person and Persons, so attainted, shall be suspended, until his Majesty,
by the Advice and Assent of the Lords and Commons,
in Parliament, shall order the Execution, by Act of Parliament to be passed for that Purpose."
"The Reporter proceeded; For That, relating to the
Persons dead, (whom their Lordships had put in that
fatal Clause, with an Expectation, that he would pass an
Act for the future Attainder) their Lordships have departed from their Resolution in that Point, and permit
them to continue in the Classis wherein we placed them:
whereby they are adjourned to the Penalties which shall be
inflicted on them by a future Act; expecting only a Bill of
Attainder of Cromwell, Bradshaw, Ireton, and Pride."
"For the other Part, wherein we have agreed for excepting Axtell, without further Expectation; and Vane and
Lambert, with Expectation of a further Address on their
Behalf; their Lordships agree in That. For That wherein
we differed about Sir Arthur Hesilrig, upon what was
offered by a Member of our House, and since, by the
Duke of Albamarlie, they found his Case distinguished
from the other Two, and agree with us, as to him."
"And for the last Four, though their Lordships saw
very good Reason to adhere to That for Justice and Example Sake; yet, having taken our Reasons into Consideration, and believing the good Report we gave of some
of them, their Lordships departed from that Reason, in
that Point; and leave them to Disability only, as we
The Question being put, That the Petition of William
Heveningham Esquire, be read;
It passed in the Negative.
Resolved, That this House doth agree with the Lords
in the Matters communicated by the Lords at the said
Ordered, That it be referred to a Committee, to dispose the Alterations, made by the Lords, this Day, into
their proper Places, in the Act of Indemnity; and to inform themselves, by Perusal of the Journal, and Examination of the Serjeant at Arms attending this House,
which of the Judges of the late King's Majesty rendered themselves upon his Majesty's Proclamation; and
which of them are now in the Serjeant's Custody; and
how they are otherwise disposed: And the Serjeant at
Arms is to attend the Committee, to give them an Account accordingly: And the Committee are to enter, into
the Clause sent from the Lords, the Names of such as so
rendered themselves, and have not since withdrawn.
Ordered, That those Members of the House, which
were appointed to manage the late Conferences with the
Lords, be the Committee: And that Serjeant Glyn be
added to the said Committee: And they are to meet
this Afternoon, at Three of the Clock, in the Speaker's
Ordered, That the Serjeant at Arms attending this
House do deliver into the Charge of the Lieutenant of
the Tower of London, this Afternoon, so many of the
Judges of the late King's Majesty, as, being committed
to his Custody, he can this Afternoon come by; and the
rest on Monday next.
Ordered, That Mr. Speaker do sign one or more Warrants, directed to the Lieutenant of the Tower of London,
to receive into his Charge such of the said Judges, as
shall be delivered unto him by the Serjeant at Arms
attending this House.
Leave of Absence.
Ordered, That Sir Edmond Jennings, Mr. Streete, Mr.
Rigby, and Sir John Dawney, Members of this House,
have the Leave of this House to go into the Country.
Mr. Edward Boscawen, being elected to serve for the
Borough of Truro, and also for the Borough of Tregoney,
in the County of Cornewall, makes his Election to serve
for the Borough of Truro, and waves his Election for the
Borough of Tregoney:
Ordered, That a new Writ be issued for the Election
of a Member to serve in this present Parliament for the
Borough of Tregoney, in the County of Cornewall, in the
Place of Edward Boscawen Esquire, who hath made his
Election to serve for the Borough of Truro: And that
Mr. Speaker do issue his Warrant to the Clerk of the
Crown in Chancery, to prepare a new Writ for the Purpose aforesaid: Which the Lord Chancellor is to issue
and pass under the Great Seal of England accordingly.