House of Commons Journal Volume 8
24 December 1660

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1802

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'House of Commons Journal Volume 8: 24 December 1660', Journal of the House of Commons: volume 8: 1660-1667 (1802), pp. 226-227. URL: http://british-history.ac.uk/report.aspx?compid=26334 Date accessed: 28 July 2014.


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Monday, 24th December, 1660.

Prayers.

Earl of Cleveland's Estate.

THE Question being put, That the Report made upon the Bill, sent from the Lords concerning the Earl of Cleveland, be now received;

The House was divided: And

The Yeas went forth.

Sir Richard Onslow, Tellers for the Yeas: 24.
Sir Sal. Swayle, With the Yeas,
Colonel King, Tellers for the Noes: 24.
Mr. Hungerford, With the Noes,

And Mr. Speaker giving his Vote with the Yeas; and the Question thereupon passing in the Affirmative;

Resolved, That the Report upon the Bill sent from the Lords, concerning the Earl of Cleveland, be now received.

Mr. Goodrick reports Amendments to the Bill sent from the Lords, intituled, An Act for the settling of all the Manors and Lands of the Earl of Cleveland, in Trustees, to be sold for the satisfying of the Debts of the said Earl, and of Thomas Lord Wentworth his Son: Which he read in his Place, with the Coherence; and were afterwards read the First time at the Table.

Conference with Lords.

The Lord Viscount Valentia reports the Substance of the Conference had with the Lords the last Night, upon the Bill for Six Months Assessments; viz.

"That, according to the Command of this House, the Committee attended the Conference; where the Difference was, about the limiting of the Time, from which the Arrears of the Seamen are to be paid, to the Fourteenth of March 1658, by the Bill, as it went from this House: And that, upon the Debate, we satisfied their Lordships with the Reasons we offered; and so they concurred with this House as to the said Time.

Message to attend tho King.

The House being informed, that the Black Rod was at the Door, he was called in; and after he had made Obeisance Three several times, coming up to the Middle of the Room, he delivered this Message;

Mr. Speaker, the King hath commanded me to call yourself, and the Members of this House, presently to him, into the House of Lords.

Mr. Speaker and the Members of this House accompanying him went to the Lords House, to attend his Majesty there; Mr. Speaker carrying with him the Bill for granting to his Majesty an Imposition upon Beer, Ale, and other Liquors, for Increase of his Majesty's Revenue during his Life.

Earl of Cleveland's Estate.

The Preamble to the Bill for the Earl of Cleveland, as it was sent from the Lords, viz. from the First Line, 1 Skin, to the Word "May," the First Word of the 6th Line, in the 2d Skin, was read:

Resolved, That, from the Words "enforced to borrow," in the 5 Line of the 1 Skin, all the following Words, to the Words "may it please," in the 5th Line of the 2 Skin, be omitted.

Another Preamble was tendered to this Bill: Which was read the First and Second time:

Resolved, That, in Line 12, the Word "absolute" be left out.

Resolved, That, in Line 11, these Words "and equal" be left out.

And the Preamble, so amended, was read the Third time; and, on the Question, agreed: And so, instead of the Words ordered as before to be omitted in the Preamble, these Words are to be inserted; viz. "of several Persons several great Sums, at Interest, most of which are mentioned in a Schedule hereunto annexed: Now, to the Intent that all Creditors of your said Subject, and his said Son, may have just Satisfaction; and, also, that all Purchasers may hold and enjoy their Bargains."

Resolved, That the House proceed to a Second Reading of the said Amendments to the Earl of Cleveland's Bill, by Paragraphs.

The First Amendment, 2 Skin, Line 13, was read; and, on the Question, agreed unto.

The next Amendment, 2 Skin, Line 24, was read; and, on the Question, agreed unto.

The next Amendment, 2 Skin, Line 31, was read; and after was read with the Coherence; and, on the Question, agreed unto.

The next Amendment, 2 Skin, 31 Line, for leaving out from these Words, "and that the said Sir John Robinson, &c." to the End of the Bill, till you come to the Schedule, was read; and, on the Question, agreed unto.

The first Paragraph of the next Amendment was read:

The Question being put, That this Paragraph be agreed unto;

The House was divided:

And the Yeas went forth.

Lord Angier, Tellers for the Yeas: 91.
Mr. Cornwallis, With the Yeas,
Mr. Bampfield, Tellers for the Noes: 53.
Mr. Shapcott, With the Noes,

And so the Question passing in the Affirmative;

Resolved, That this Paragraph be agreed unto.

The rest of the said Amendments were read.

Resolved, That, Folio 3, Line 33, of the said Amendment, after the Word "made," and before the Word "by," these Words, "since the Year 1630," be inserted.

Resolved, That, in the same Skin, 34 Line, after the Word "Wentworth," and before the Word "of," these Words, "or either of them," be inserted.

Resolved, That the Time for the Barons of the Exchequer to put the Powers, to them committed by this Act, in Execution, be limited to the Space of Seven Years, from the passing of this Act.

Resolved, That, to "Satisfaction on Securities," these Words, "together with reasonable Interest for the same," be inserted.

Resolved, That, Folio 6, Line 2, after the Word "Mortgage," and before the Word "was," these Words, "or any other Mortgage, or other real Incumbrance of any Lands not excepted in this Act," be inserted; and that, in the next Line, the Word "mortgaged" be omitted; and that, in the 5th Line, after the Word "Mortgage," these Words, "or other Incumbrance," be inserted.

Resolved, That, Folio 6, Line 23, after the Word "them," and before the Word "discompting," these Words, "or by virtue of any other real Incumbrance," be inserted.

Resolved, That, Folio 7, Line 4, betwixt the Word "Trust" and the Word "for," these Words, "with or," be inserted.

Resolved, That, Folio 7, Line 10, betwixt the Words "same and respectively," these Words, "or his or their Executors, Administrators, or Assigns," be inserted.

Resolved, That, in the last Line but Two, 7 Skin, betwixt the Word "Coverture," and the Word "or," these Words, "non sane Memory," be inserted.

Resolved, That the like Clause be inserted, for bringing in Debts to the Barons of the Exchequer, as is in the 7 Folio of the Amendments, in the Case of absolute Sales and Decrees.

Resolved, That these Words, "or for new Building, or other Improvements thereupon," be inserted.

A Proviso was tendered to this Bill: That this Act, nor any thing therein contained, shall extend to the vacating or avoiding of an Indenture of Lease, bearing Date the 29 June, 16 Car. by the which the Earl of Cleveland conveyed Harlington Wood, alias Harlington Park, in Harlington in the County of Bedford, by Estimation One hundred and Sixty Acres; and Two Woods called Outwood, and Lady-well-wood, in Todaington in the said County of Bedford; to William Smith, for Ninety-nine Years, as a Security for the Performance of certain Articles, of the same Date, made between the said Earl, and Thomas Lord Wentworth his Son, on the one Part, and the said Wm. Smith on the other Part; but that the said Lease shall continue, and be of the like Force and Effect, (and no other) as if this Act had not been made: Which was read the First and Second time; and, with an Amendment made at the Table, viz. instead of the Words "in Force, &c." to the End of the Provisoe, these Words, viz. "of the like Force and Effect, and no other, as if this Act had not been made," be inserted.

And so the Amendments, with these Alterations, were, on the Question, agreed unto.

Resolved, That the Bill, so amended, be sent to the Lords.

And Mr. Hollis is to carry it to the Lords.

Resolved, That, instead of these Words, in the Title, "An Act for settling of all the Manors and Lands of the Earl of Cleveland, &c." the Title stands thus; "An Act for the settling of some of the Manors and Lands, &c."

Adjournment.

Resolved, That this House do adjourn itself till Thursday next.

This House adjourns till Thursday next, at Eight of the Clock in the Forenoon.