House of Commons Journal Volume 8
11 December 1661

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1802

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'House of Commons Journal Volume 8: 11 December 1661', Journal of the House of Commons: volume 8: 1660-1667 (1802), pp. 329-331. URL: http://british-history.ac.uk/report.aspx?compid=26418 Date accessed: 26 November 2014.


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Mercurii, 11 die Decembris, 13° Car. Regis.

Prayers.

Privilege.

UPON Information given to this House, That one Thomas Tillan, being a dangerous Person, and being imprisoned for some Fact by him committed, contrary to the Law; the said Thomas Tillan, by Practice with one Thomas Lucas an Attorney, upon a feigned Certificate, that the said Tillan was a Prisoner to the Serjeant at Arms attending this House, endeavoured to obtain his Release;

Ordered, That the said Thomas Tillan and Thomas Lucas be sent for in the Custody of the Serjeant at Arms attending this House, to answer this Abuse and Misdemeanor objected against them.

Ettrick's Estate.

An ingrossed Bill of Anthony Ettrick, to sell Lands for Payment of his Debts, was this Day read the Third time.

Resolved, That this Bill do pass: And that the Title shall be, An Act enabling Anthony Ettrick to sell Lands for Payment of his Debts.

College Leases, &c.

A Bill to confirm an Act for Confirming of Leases made by Colleges and Hospitals, was this Day read the Second time.

Resolved, That this Bill be committed to the Committee for Publick Acts: And they are to meet To-morrow, at Two of the Clock, in the Speaker's Chamber; and to take into Consideration the Petitions; and hear the Counsel and Witnesses of all Parties concerned: And to send for Persons, Papers, and Records; and to make Use of such other Powers as were formerly given to them by this House.

Yorkshire Cloth Trade.

A Bill for the better Regulating of the Manufacture of broad mixed Woollen Cloth, within the West Riding of the County of Yorke, was this Day read the Second time.

Resolved, upon the Question, That this Bill be committed to Mr. Lowther, Mr. Goodrick, Sir Tho. Meres, Sir Charles Cornewallis, Mr. Heath, Colonel Gilby, Mr. Jay, Mr. Strowde, Mr. Yorke, Mr. Culleford, Mr. Shaw, Colonel Windham, Mr. Chetwind, Lord Brereton, Mr. Crouch, Sir Tho. Strickland, Mr. Sandys, Lord Bruce, Mr. Thurland, Sir Edward Moseley, Mr. Windham, Mr. Knight, Mr. Reames, Sir John Goodrick, Sir Richard Ford, Mr. Gold, Mr. Walker, Mr. Collins, Sir William Doyley, Mr. Phillips, Sir John Brampston, Mr. Musgrave, Colonel Phillips, Mr. Mainwaring, Mr. Pryn, Sir Courtney Poole, Mr. John Churchill, Sir Robert Atkins, Mr. Darcy, Mr. King, Sir Phillip Musgrave: And all the Knights, Citizens, and Burgesses of this House, that serve for the several Counties of Yorke, Glouccster, Surry, Worcester, Kent, Essex, Dorsett, and Devon: And they are to meet Tomorrow, at Two of the Clock, in the Exchequer Chamber: And to send for Persons, Papers, and Records.

Confirming Ministers.

The House did then resume the further Debate upon the further Amendments to the Bill for Ministers.

And the Third Proviso, reported to be added to the said Bill, being, "Provided also, and be it Enacted, That no Person or Minister, confirmed, or mentioned to be confirmed, in any Benefice, or Ecclesiastical Promotion, by the late Act, intituled, An Act for the Confirming and Restoring of Ministers; and now caused, by this Act, to take Institution and Induction into the same Benefice; shall compound for, or pay, any First-fruits to his Majesty, for such Benefice or Promotion, upon Occasion of such his Institution or Induction; nor incur any Prejudice for not compounding or paying the same;" the same, being twice read, was, upon the Question, agreed unto.

And the Fourth Proviso, reported to be added to the said Bill, being, "Provided, that this Act, or any thing herein contained, shall not be extended to avoid any Presentation rightfully made by the King's Majesty, otherwise than in case of Lapse;" the same, being twice read, was, upon the Question, agreed unto.

And the Fifth Proviso, reported to be added to the said Bill, being, "And it is hereby Provided and Enacted, That all such Persons or Ministers, who held any sequestered Living or Benefice, their Executors or Administrators, shall be, and are hereby, made liable to account for, and pay, One full Fifth Part of the Profits of such Living or Benefice, and the Arrears thereof, unto the Incumbent that was sequestered from the same; or (in case such Incumbent be dead) to his Wife, Child, or Children; the same to be ascertained by the Commissioners, or any Three or more of them: And the Parties, to whom the same is appointed to be paid, are hereby respectively enabled to recover the same by Action of Debt, at the Common Law, in case no Composition or Agreement hath been made for the same; any thing in this Act, or in the aforesaid Act hereby confirmed, notwithstanding;" the same was twice read: And

Resolved, upon the Question, That the Word "Heirs," between the Word "their," and the Word "Executors," in the Second Line of the said Proviso; and the Words "respectively having Assets," between the Word "Administrators," and the Word "shall," in the same Line; be inserted: That the Words "account for, and," in the Third Line, be struck out; and that the Word "clear," between the Word "the," and the Word "Profits," in the same Line, be inserted; and that these Words, "for such Time as they held the same," after the Word "thereof," in the Fourth Line, and the Words "Executors or Administrators, or such of them as the said Commissioners, appointed by the said Act, or any Three or more of them, shall think fit," after the Word "Children," in the Fifth Line; and the Words "appointed by the said Act," after the Word "Commissioners," in the Sixth Line; and the Words "and observed," after the Word "made," in the Eighth Line; be inserted, and made Part of the said Proviso.

Which was done accordingly, at the Clerk's Table.

Resolved, That the said Proviso, so amended, be made Part of the Bill.

And the Sixth Proviso being, "Provided always, and be it Enacted, by the Authority aforesaid, Whereas divers orthodox Ministers, which have been instituted and inducted into Benefices, with Cure, have been forcibly hindered from publick reading the Articles of Religion in the Churches, whereof they have Cure, according to the Statute in that Case made and provided; That, if such Minister, who hath been instituted and inducted into a Benefice, with Cure, since the 25th Day of December 1659, and hath a Testimonial from the Bishop, or Guardian of the Spiritualities, of the Diocese where such Benefice doth lie, in Writing, under his Seal, of his Assent and Subscription unto the said Articles, that the same shall be as effectual, to all Intents and Purposes, as if the said Minister had publickly read the said Articles of Religion in the Church, according to the Statute in that Case made and provided; any thing in the said Statute contained to the contrary notwithstanding;" the same was twice read: And

Resolved, upon the Question, That the Words "through Force, Fraud, or Fear" be inserted, instead of the Word "forcibly," in the Third Line of the said Proviso.

Which was accordingly done, at the Clerk's Table.

Resolved, upon the Question, That the said Proviso, so amended, be made Part of the Bill.

And the Seventh Proviso being, "Provided also, and be it Enacted, by the Authority aforesaid, That no Minister, or Ecclesiastical Person, who hath petitioned, or promoted any Petition, to bring the late King Charles, of blessed Memory, to Trial; or who hath preached or published, in Print or Writing, or uttered in Prayer, any such seditious or treasonable Words or Speeches, before the Death of his late Majesty; or justified it afterwards; or hath been simoniacally promoted to any Ecclesiastical Benefice or Promotion (which said Offences, any or either of them, shall be proved by Two or more credible Witnesses, upon Oath, before the Commissioners by the Act appointed, or any Five or more of them, who are hereby impowered to give such Oath); shall remain, continue, or be taken, to be a real and lawful Incumbent of any Ecclesiastical Living, Benefice, or Promotion, whereof he is now possessed: But the same is hereby declared to be void, to all Intents and Purposes, as if the said Minister, and Ecclesiastical Person, were dead: And the Patron, who hath the next and immediate Right to present unto the same, shall and may present thereunto, as in case of Vacancy or Avoidance by the Death of the Incumbent; any thing in this Act to the contrary, or any Presentation from his Majesty or others, notwithstanding;" the same was twice read: And

Resolved, upon the Question, That the Words "have been, or," after the Word "them," in the Seventh Line of the said Proviso; and the Words "King's Majesty, in such Case of Simony, and the King, or other," after the Words "and the," in the Twelfth Line; and the Words "in the other Cases aforesaid, who," before the Word "hath," in the Thirteenth Line of the said Proviso; be inserted therein.

Which was accordingly done, at the Clerk's Table.

Resolved, upon the Question, That the said Proviso, so amended, be made Part of the Bill.

And the Eighth Proviso being, "Provided always, and be it Enacted, by the Authority aforesaid, That every Resignation or Surrender of any Ecclesiastical Benefice or Promotion, heretofore made by any Ecclesiastical Person, or Minister, by Fraud, extreme Poverty, Force, or Fear of Imprisonment, or Sequestration, during the late Troubles, shall be utterly void, and of none Effect; any thing in this Act, or the late Act, intituled, An Act for the Confirming and Restoring of Ministers, contained to the contrary in any wise notwithstanding;" the same was twice read: And

Resolved, upon the Question, That the Words "or upon which no Presentation or Nomination of a Minister, by the Patron, under his Hand and Seal, did follow within Six Months" be inserted, after the Word "Troubles," in the Third Line of the said Proviso.

Which was accordingly done, at the Clerk's Table.

Resolved, upon the Question, That the said Proviso, so amended, be made Part of the said Bill.

And the Ninth Proviso being, "Provided also, that neither this Act, nor any thing therein contained, shall extend to confirm any Person or Minister in any Ecclesiastical Living or Benefice, who by any Articles or Complaint by himself, or any other, by his Procurement, exhibited unto any Committee, or other illegal Prosecution, during the late Troubles, did cause or procure the former Incumbent thereof to be sequestered from the same; notwithstanding, that such Person hath been placed or confirmed in the same Benefice, since the Death of such Incumbent; so as it be proved by the Oaths of Two or more credible Witnesses, before the Commissioners appointed by the said Act, or any Three or more of them, who have hereby Power to administer the same; unless it shall be made appear, that the Person, so sequestered or ejected, was really scandalous, and therefore removed from the same: And that in such Case it shall and may be lawful to and for the rightful Patron of such Living or Benefice to present or collate unto the same, as in case of Vacancy or Avoidance by Death of the Incumbent; this present Act, or any thing to the contrary, notwithstanding;" the same was twice read; and, upon the Question, agreed to be made Part of the Bill.

And the Tenth Proviso being, "Provided also, and be it Declared and Enacted, by the Authority of this present Parliament, That every Minister who was rightful Incumbent of more Livings than one, being duly qualified thereunto, and was sequestered from them, or any of them, shall be restored to the said Living or Livings, from which he was sequestered; and shall from thenceforth be in the actual Possession thereof; any thing in the said Act to the contrary hereof in any wise notwithstanding;" the same being twice read;

It was Resolved, upon the Question, That the Words "or put out," after the Word "sequestered," in the 3d Line; and the Words "Resignation, or any," after the Word "any," in the 5th Line of the said Proviso; be inserted, and made Part of the said Proviso.

Which was accordingly done, at the Clerk's Table: And

Resolved, That the said Proviso, so amended, be made Part of the said Bill.

Resolved, That the Debate of the remaining Provisoes, reported to be made Part of the said Bill, be adjourned till Friday Morning next: And that the same be then proceeded in, and finished.

Vexatious Arrests, &c.

A Message from the Lords, by Sir Thomas Bird and Sir Wm. Glascock, Two of the Masters of Chancery;

Mr. Speaker, The Lords have sent you down a Bill, intituled, An Act for Prevention of Vexations and Oppressions by Arrests, and of Delays in Suits of Law: To which they desire the Concurrence of this House.

Supply Bill.

Resolved, That the Names to be inserted into the Bill for the Eighteen Months Assessment be read To-morrow Morning.

And then the House adjourned till To-morrow Morning, at Eight of the Clock.