Tuesday, 4th September, 1660.
Protestants of Piedmont, &c.
THE Bill for recovering Five Thousand Pounds,
the Residue of Eight thousand Pounds, lent to
Alderman Temms, and Mr. Martin Noell, out of the
Money collected for the poor Protestants of Piedmont;
was this Day read the Second time; and, on the Question, ordered to be ingrossed.
The House resumed the Debate upon the Provisoes
tendered to the Bill for settling Ministers Livings.
A Provisoe was tendered to this Bill, viz. "Provided,
that this Act, or any thing therein contained, shall not
extend to give Benefit to any who, by the Power of the
Major Generals, and by Force of Arms, and not by Authority of Parliament, or Committee of Plundered Ministers, have intruded themselves into sequestered Benefices:" Which was read; and, on the Question, ordered
to be laid aside.
Another Proviso was tendered to this Bill; "Provided always, and be it Enacted, that every Person and
Persons, being ordained as aforesaid, in Possession of any
Ecclesiastical Benefice or Promotion, with Cure of Souls,
who hath by Printing, Preaching, or otherwise, promoted
the Restitution of his Majesty to his undoubted Rights
and Government, shall (except in case where the former
Incumbent is living) be continued and settled in such Benefice or Promotion; any thing in this Act to the contrary notwithstanding:" Which was read the First time;
and, on the Question, ordered to be laid aside.
Another Provisoe was tendered to this Bill; "Provided also, that where any Person or Persons hath, by
due Process and Judgment of Law, recovered any Rectory, Benefice, or other Ecclesiastical Promotion; that
all and every such Recoveries and Judgments respectively
shall be of like, and no other, Force and Effect, as the
same should have been, if this Act had not been made;
any thing in this Act contained to the contrary notwithstanding:" Which was read the First time.
And, on the Question put, That the same be read the
It passed in the Negative.
Another Proviso was tendered to this Bill; viz. "Provided always, that if any Minister, heretofore sequestered,
or ejected from a Benefice with Cure of Souls, be legally
possessed of one or more Benefices with Cure of any
Headship, or Mastership of any College or Hall, in either of the Universities, exceeding the yearly Value of
, and above Thirty Miles distant from such
Benefice from which he was removed, as aforesaid; that
then, in such Case, such Minister be not restored; but
that the Minister in Possession of such Benefice, being
qualified according to this Act, is hereby, and shall be,
continued and settled lawful Incumbent in such Benefice;
any thing in this Act to the contrary notwithstanding:"
Which was read the First time:
And, on the Question put, That the same be read the
It passed in the Negative.
The Provisoes ingrossed into the Bill were read the
Resolved, That this Bill with the said Provisoes, do pass.
Resolved, That this be the Title of the Bill; viz. An
Act for the confirming and restoring of Ministers.
Resolved, That Mr. Annesley do carry this Bill to the
Mr. Annesley did carry the said Bill to the Lords, accordingly.
Mr. Pryn reports from the Committee, Amendments
to the Bill touching the Marquis of Hertford, for repealing a Clause in a private Act, made 5° Edw. VI. touching the Limitation of the Duke of Somersett's Lands:
Which were read; and, on the Question, agreed.
Resolved, That the said Bill, so amended, be ingrossed.
Marq. o Winches's Estate.
The Question being put, That the Committee to whom
the Marquis of Winchester's Bill is committed, have
Leave to sit between the Rising and Sitting of the House
It passed in the Negative.
Mr. Annesley reports, that he hath delivered the
Ministers Bill to the Lords.
Thanks for Message concerning Ministers.
Ordered, That the Members of this House, who are
of his Majesty's Privy Council, do return to his Majesty
the humble Thanks of this House, for his Majesty's gracious Message, communicated to this House by Mr. Secretary Morris; whereby his Majesty was pleased to signify his gracious Intentions to take care of and provide
for such Ministers as are worthy, and every way qualified for the Work of the Ministry, and shall be removed
from the respective Livings, by virtue of the Act for confirming and restoring of Ministers: And that they also
present to his Majesty, the humble Desire of this House,
that his Majesty will please to take care of them accordingly, as there shall be Occasion.
Colonel Jones reports the Draught of a Petition to his
Majesty, in reference to the Charges laid upon the Cloth
and other Woolen Manufactures of this Kingdom, by
the Dutch: Which was read; and, with some Amendments, was, on the Question, agreed; being as followeth; viz.
To the King's most Excellent Majesty:The humble Petition of the Commons assembled in Parliament:
THAT Woolen Cloth, and other Woolen Manufactures within this Realm, are the chief Support of many
Thousand Inhabitants thereof; the principal Foundation
upon which the foreign Commerce of this Kingdom
moveth; and the great Means of upholding and advancing of your Majesty's Customs and Subsidies:
That, for some Years past, the Dutch have designed
to beat down and discourage That Manufacture in this
Realm, and to gain the same to themselves; which they
have in a great measure effected:
That, in order to that Design, they have imposed these
immoderate and excessive Imposts, or Charges, upon
English Cloth imported into their Countries; viz. upon
every short Cloth, Twenty Shillings; upon every long
Cloth, Twenty-four Shillings; upon every Worcester
Cloth, Thirty Shillings; and also, a certain Charge of
Tare, usually amounting to Ten Shillings, upwards,
upon every English Cloth:
That by the Exemption of the Dutch Cloth from
these Charges, and by the laying these excessive Taxes
upon English Manufactory, the Market and Vent of
English Cloth, and other Woolen Manufacture, is hindered; the English Merchant discouraged; and, in effect,
little less than a plain Inhibition of the Trade of those
Manufactures into Holland, is introduced and maintained.
The Premises considered, Your most obedient Subjects, the Commons assembled in Parliament, humbly pray, that upon the Treaty with the
Dutch, Your Majesty will be pleased to take such effectual Course, that the excessive Impositions aforesaid
be taken off from the English Cloth; and that the like
Care may be taken in Treaties with other Princes and
And Your Petitioners shall ever pray, &c.
Ordered, That the Lords Concurrence be desired
herein: And Colonel Jones is to carry it to the Lords.
Draining the Fens.
A Bill for the necessary Support of the Work of draining the great Level of the Fens, was this Day read the
Second time; and, on the Question, committed to Lord
Aungier, Sir Henry North, Mr. Wendy, Mr. Pryn, Mr.
Trevor, Serjeant Hales, Sir Anthony Irby, Sir Francis
Gerrard, Col. Richard Ingolsby, Mr. Bunckley, Mr.
Goodwin, Mr. Swanton, Sir Henage Finch, Lord Falkland, Mr. Vowell, Lord Richardson, Mr. Mynors, Sir
Gilbert Gerrard, Sir George Downing, Mr. Annesley, Sir
Richard Onslow, Mr. Hollis, Mr. Pryn, Mr. Rushworth,
Mr. Tompkins, Mr. Seymour, Mr. Russell, Sir John Lowther, Col. Shapcot, Serjeant Glyn, Mr. Lowther, Sir
Geo. Reeves, Mr. Smith, Col. Gerrard, Sir Wm.
Wheeler, Mr. Newton, Mr. Eyres, Mr. Thomas,
Mr. Hampden, Lord Spencer, Mr. Hele, Sir Wm. Doyley, Mr. Baynton, Lord Herbert, Col. King, Sir John
Marsham, Lord Broghill, Mr. Gott, Mr. Powell, Mr.
Knight, Mr. Crowch, Mr. Marvell, Sir Wilfrid Lawson,
Sir Robert Pye, Mr. Herle, Mr. Ellison, Mr. Foley, Sir
Solomon Swale, Mr. Boscawen, Mr. Pryn, Mr. Mallet,
Sir John Northcot, Lord Bruce, Mr. Jolliffe, Lord Howard, Sir John Temple, Mr. Merrick, Mr. Hungerford,
Sir Ralph Knight, Col. Hugh Bethell, Mr. Hylliard,
Sir George Booth, Mr. Bacon, Sir John Dawney, Mr.
Fyennes, Mr. Harris, Mr. Yong, Mr. Charlton, Mr.
Bampfeild, Mr. Grey, Mr. Capell, Sir Tho. Willis, Sir
John Carter, Sir Tho. Dacre, Mr. Ellison, Sir Anthony
Ashley Cooper, Sir John Norwich, Sir John Cotton, Mr.
Swinfen, Sir Richard Browne, Mr. Merrick, Mr. Culliford, Mr. Coles, and all the Members of this House, that
serve for the Counties, Cities, and Boroughs of Northampton, Norfolk, Suffolk, Lincolne, Cambridge, Huntington, and the Isle of Ely: And they are to meet in the Exchequer Chamber, at Three of the Clock this Afternoon.
The humble Petition of the Inhabitants of the Isle of
Ely, more particular, those of the North-side of Wisbeach,
Levington, Newton, and Tid St. Giles, containing Fourteen thousand Seven hundred and Sixty Acres, was read;
and referred to the said Committee.
The humble Petition of Sir Wm. Playters, Colonel
Samuell Sandys, Col. Robert Phillips, Col. William Terringham, Sir John Hewet, on the Behalf of themselves,
and many others, was read; and referred to the aforesaid
Privilege- Persons discharged.
Ordered, That Henry Newman, at whose Suit Richard
Birt, a menial Servant of Mr. Cooper, a Member of this
House, was arrested; as also Edward Barber and * Gamage, who arrested the said Richard Birt, (all which
Persons were taken into Custody by the Serjeant at Arms
attending this House) be forthwith discharged, and set
at Liberty, they first paying their Fees.
Bills to be read.
Resolved, That the ingrossed Bills, remaining before
the House, be read the first Business in the Afternoon,
at the Sitting of the House.
Lords will sit.
Ordered, That a Message be sent to the Lords, to acquaint them, that this House have determined to sit
Forenoon and Afternoon, till the Adjournment of the
Houses; and to desire them, that they will do the like,
for the Dispatch of publick Business: And Sir George
Downing and Lord Aungier are to carry this Message to
Sir Henage Finch reports from the Committee to
whom it was referred to consider of a Revenue to be
settled on the King's Majesty, and the State of the late
King's Revenue; an Estimate of the present Revenue
of his Majesty, and several Resolves of the said Committee: That is to say.
That, according to the best Information the Committee
could receive from the Officers heretofore employed about
the Revenue, the Total of the Revenue, which came unto
his late Majesty, amounted, from the Year 1637 to the
Year 1641 inclusive, communibus annis, unto Eight hundred Ninety-five thousand Eight hundred and Nineteen
Pounds, Five Shillings; whereof Two hundred and
Ten thousand Four hundred Ninety-three Pounds, Seventeen Shillings and Four-pence did arise by Payments,
partly not warranted by Law, partly expired: And that
the Expences of his said late Majesty's Government
did amount, communibus annis, to about Two hundred
thousand Pounds a Year above the Receipt; in which
Computation the Incomes arising by Ship Money, are
not comprehended: And that by Estimate, the present
Revenue of his now Majesty may be computed at Eight
hundred and Nineteen thousand Three hundred Ninety
eight Pounds, or thereabouts: That is to say; By
|The Composition for the Court of Wards,
|The Revenue of Farms and Rents,
|The Office of Postage,
|The Proceeds of Deane Forest,
|The Imposition on Sea Coal exported,
|Wine Licences, and other Additions,
Of which Sum Forty-five thousand Six hundred
Ninety-eight Pounds Eighteen Shillings and Sevenpence, Part of the said Two hundred Sixty-three thousand Five hundred Ninety-eight Pounds, for Farms and
Rents, is casual, and, for the most Part, lost; viz. for
the Mint, Alum, Transportation of Gold, New Years
Gifts, and installed Debts.
He also reports some Resolves of the said Committee;
That a Bill be tendered to the House, for Establishing,
and Regulation, of the Office of Post Master:
That the like Bill be tendered to the House, for Wine
That a Bill be prepared, for settling the Lands of the
Crown, so that no Grant of the Inheritance shall be good
in Law; nor any Lease, more than for Three Lives, or
Thirty-one Years, where a third Part of the true yearly
Value is reserved for a Rent; as it shall appear upon
the Return of a Survey; which that Act is to take Order for, that it may be speedily had and taken:
That the House be desired to move the King's Majesty, that there be a Forbearance to make Leases of
Lands, or other Grants of the Revenue, till the said
Act be passed: And
That the said Committee think fit, that the Revenue
for the constant yearly Support of his Majesty, be a Revenue of Twelve hundred thousand Pounds a Year.
The Question being propounded, That the present
King's Majesty's Revenue shall be made up Twelve hundred thousand Pounds a Year;
And the Question being put, That this Question be
It passed in the Affirmative.
And the main Question being put; it was
Resolved, That the present King's Majesty's Revenue
shall be made up Twelve hundred thousand Pounds a Year.
Resolved, That this House doth agree with the Committee, that a Bill be brought in, for Establishing, and Regulation, of the Office of Wine Licences; and that another Bill be brought in, for settling the Lands of the
Crown, so as that no Grant of the Inheritance shall be
good in Law; nor any Lease, for more than Three Lives,
or One-and-thirty Years, where a third Part of the true
yearly Value is reserved for a Rent; as it shall appear
upon the Return of a Survey, which that Act is to take
Order for, to be speedily had and taken: And that Mr.
Solicitor General, and Mr. Serjeant Glyn, do prepare
and bring in Bills accordingly.
Resolved, That this House doth agree with the Committee, that the King's Majesty be humbly moved, from
this House, to forbear to make any Leases of Lands, or
other Grants of the Revenue of the Crown, till the said
last-mentioned Act be passed.
The House adjourns itself till Four of the Clock in the
RESOLVED, That his Majesty be humbly moved,
that he will be pleased to forbear the Exercise of his Prerogative, in making use of his Tenures, till this House
shall have settled a Revenue in Compensation thereof;
which is already in an effectual Way of settling.
The ingrossed Bill for Encouragement and Increase of
Navigation, was this Day read the Third time.
A Clause was tendered to this Bill; viz. "And it
is further Enacted, by the Authority aforesaid, That,
from and after the First Day of April, which shall be
in the Year of our Lord 1661, no Sugars, Tobacco,
Cotton, Wool, Indicoes, Ginger, Fustick, or other
dying Wood, of the Growth, Production, or Manufacture, of any English Plantations in America, Asia, or
Africa, shall be shipped, carried, conveyed, or transported, from any of the said English Plantations, to
any Land, Island, Territory, Dominion, Port, or Place,
whatsoever, other than to such other English Plantations
as do belong to his Majesty, his Heirs and Successors,
or to the Kingdom of England, or Ireland, or Principality of Wales, or Town of Berwick upon Tweed, there
to be laid on Shore, under the Penalty of the Forfeiture
of the said Goods, or the full Value thereof; as also of
the Ship, with all her Guns, Tackle, Apparel, Ammunition, and Furniture; the one Moiety to the King's
Majesty, his Heirs and Successors; and the other
Moiety to him or them that shall seize, inform, or sue for
the same, in any Court of Record, by Bill, Plaint, or
Information; wherein no Essoign, Protection, or Wager
of Law shall be allowed. And be it further Enacted,
by the Authority aforesaid, That, for every Ship or Vessel, which, from and after the Twenty-fifth Day of December in the Year of our Lord 1660, shall set Sail out
of, or from, England, Ireland, Wales, or Town of Berwick upon Tweed, for any English Plantation in America,
Asia, or Africa, sufficient Bond shall be given, with one
Surety, to the chief Officers of the Custom House of
such Port or Place from whence the said Ship shall set
Sail, to the Value of One thousand Pounds, if the Ship
be of less Burden than One hundred Tons; and of the
Sum of Two thousand Pounds, if the Ship shall be of
greater Burden; that in case the said Ship, or Vessel,
shall load any of the said Commodity, at any of the said
English Plantations, that the same Commodities shall
be, by the said Ship, brought to some Port of England,
Ireland, Wales, or to the Port or Town of Berwick
upon Tweed, and shall there unload, and put on Shore,
the same; the Danger of the Seas only excepted: And,
for all Ships coming from any other Port or Place to any
of the aforesaid Plantations, who, by this Act are permitted to trade there, that the Governor of such English
Plantation shall, before the said Ship or Vessel be permitted to load on Board any of the said Commodities,
take Bond, in Manner, and to the Value aforesaid, for
each respective Ship or Vessel, that such Ship or Vessel
shall carry all the aforesaid Goods that shall be laden on
Board in the said Ship, to some other of his Majesty's
English Plantations; or to England, Ireland, Wales, or
Town of Berwick upon Tweed: And that every Ship or
Vessel which shall load, or take on Board, any the
aforesaid Goods, until such Bond given to the said
Governor, or Certificate produced from the Officers of
any Custom House of England, Ireland, Wales, or of the
Town of Berwick, that such Bond have been there duly
given, shall be forfeit, with all her Guns, Tackle, Apparel, and Furniture; to be employed and recovered in
manner as aforesaid: And the said Governors, and every
of them, shall, twice in every Year, after the First Day
of January 1660, return true Copies of all such Bonds,
by him so taken, to the Chief Officers of the Custom, in
London:" Which was read the First and Second time;
and, on the Question, agreed; and ordered to be Part of
Ordered, That, in the 6th Skin, Line 17, betwixt the
Word "Commodities," and before the Word "shall,"
these Words be added, "or take in, or set on Shore,
any Passengers," be inserted.
Ordered, That, in Skin 1st, Line 33, after the Word
"Plantation," and before the Word "Territories," the
Word "or" be inserted, instead of the Word "and."
Ordered, That, in Skin 2, Line 33, after the Word
"Custom," these Words "for the same" be omitted.
Ordered, That, in Skin 4, Line 48, after the Word
"English," and before the Word "the," the Word
"from" be inserted, instead of the Word "at."
Resolved, That this Bill, with the said Clause and
Proviso, do pass.
Resolved, That the Title of this Bill be, An Act for Encouraging and Increasing of Shipping and Navigation:
That Sir George Downing do carry this Bill to the
Lords, To-morrow Morning.
Lords to sit.
Sir George Downing reports, that he had attended the
Lords, this Day, with a Message from this House to
desire their Lordships to sit this Afternoon; and that
their Lordships gave Answer, they would send Answer
by Messengers of their own.
The House resumed the Debate of the Provisoes tendered to the Bill for confirming of Leases from Colleges,
Hospitals, &c. concerning Mr. Thomas Clifton's Interest,
as ancient Tenant, in the Rectory of Kirkham, in the
County Lancaster: Which was read the First time, and
Another Proviso was tendered; "That whereas Dr.
Owen, late reputed Dean, and the Chapter, of the Cathedral Church of Christ in Oxon, of the Foundation of King
Henry the Eighth, by their Indenture, dated the Seventh
Day of August in the Year of our Lord 1657, did lease and
demise, unto John Arthur Clerk, and others, certain Tithes
and Lands, Parcel of the Manor and Parsonage of Kirkham, in the County of Lancaster; and, by several other
Indentures, did lease and demise, unto several other Persons, many other Parts and Portions of the said Parsonage of Kirkham, which had long been in the Tenure or
Occupation of Thomas Clifton Esquire, and his Ancestors,
by several successive Leases, under the Abbot and Convent
of Vale Royall, and the College of Christ Church aforesaid,
respectively, for several Terms of Years yet unexpired:
Be it Enacted and Ordained, That Thomas Clifton, now of
Lytham in the County of Lancaster, Esquire, his Executors and Administrators; paying the several and respective Rents reserved unto the said College; and securing
unto the said John Arthur, and others, out of the Premises, the yearly Sum of Four hundred Pounds, to be paid
half-yearly, by equal Portions, for the Term of Eleven
Years next ensuing; and re-imbursing, unto the said several other Lesses respectively, or their respective Assigns,
so much Money as was by them respectively and truly
paid for their respective Fines; shall have and enjoy the
said several demised Premises, for the Residue of the said
several Terms of Years yet to come, as if the said several
Leases made unto them the said John Arthur, and others,
and unto the said several other Persons, as aforesaid, had
been legally made unto the said Thomas Clifton, by a
lawful Dean and Chapter; this Act, or any other thing,
to the contrary notwithstanding:" Which was read the
Resolved, That this Proviso be read the Second time:
And it was read the Second time accordingly:
And the said Proviso was, upon the Question, agreed
unto; and ordered to be made Part of the Bill.
Another Proviso was tendered to this Bill; viz. "Provided always, that this Act, or any thing therein contained, shall not extend to confirm the Election of any
Head, Fellow, Scholar, or Chaplain, of any College,
or Hall, in either of the Universities, that is or was not
capable of being elected unto such Place or Places, by
the Statutes of the said College or Hall, into which he
or they were chosen:" Which was read the First and
Resolved, That before the Word "is," being the First
Word of the 4th Line, these Words be inserted; viz.
"upon any other Ground, besides the Want of Episcopal Ordination."
Resolved, That this Proviso, so amended, be Part of
Another Proviso was tendered to this Bill; viz. "Provided always, and it is hereby Enacted, That nothing
herein contained shall in any wise extend to prejudice or
invalidate any Grant, Presentation, Confirmation, or
Investiture, granted or made by his Royal Majesty that
now is, or by any other Person or Person by lawful
Authority derived from the King's Majesty that now is,
of, in, or to, any Deanery, Mastership, Provostship,
Presidentship, Wardenship, Prebendary, Canonship, or
other Headship; or of, in, or to, any Readers or Lecturers Place, Fellowship, Scholarship, Studentship, or
other Place of Trust or Profit in either of the Universities aforesaid; or, of, in, or to, the Colleges of Eaton
or Winchester, &c.; any thing in this Act to the contrary in any wise notwithstanding:" Which was read the
First time; and laid aside.
Another Proviso was tendered to this Bill; viz. "Provided also, that this Act, or any thing therein contained,
shall not extend to prejudice the Title of any Person
or Persons, who, by Letters Patents under the Great
Seal, since the First Day of May, and before the
Twenty-sixth of August, 1660, have obtained from his
Majesty any Grant of any Deanery, Headship of any
House, Rectorship of any College, Canon's Place, Prebendary, Fellowship, or Scholarship, within either of the
Universities, or the Colleges of Eaton, Westminster, or
Winchester; but that all and every the said Grants, and
Letters Patents, shall be of such, and no other, Force
and Effect, as the same should have been if this Act had
not been made; any thing in this Act contained to the
contrary notwithstanding:" Which was read the First
and Second time.
Ordered, That, after the Words "the Great Seal,"
in the 4th Line, these Words, viz. "since the First
Day of May, and before the Twenty-sixth of August
1660," be inserted.
And the said Proviso, so amended, was, upon the
Question, agreed to be Part of the Bill.
A Proviso was tendered concerning Mr. John Tombs:
Resolved, That the said Proviso be read.
The said Proviso was read the First and Second time;
being as followeth; viz.
"Proviso also, that this Act, or any thing therein
contained, shall not extend to confirm any Lease, or
Estate, made by John Tombs Clerk, of any Lands, Tenements, or Hereditaments, belonging to the Hospital
of St. Katharine's in Ledbury, in the County of Hereford,
to any of the Children of him the said John Tombs, or to
any other Person or Persons in Trust for him or them,
or any of them:"
Which was read the First and Second time; and
agreed, upon the Question, to be Part of the Bill.
Resolved, That no more Provisoes to this Bill be
Resolved, That this Bill, with the Provisoes, do pass.
Resolved, That the Title of the said Bill be, viz. An
Act for Confirmation of Leases and Grants of Colleges
Draining the Fens.
Ordered, That Mr. Proby be added to the Committee
for the Fens.