House of Lords Journal Volume 11: 23 July 1660

DIE Lunæ, 23 die Julii.

PRAYERS, by Mr. Hodges.

Domini præsentes fuerunt:

Poll Bill sent to H. C.

A Message was sent to the House of Commons, by Doctor Bird and Mr. Brampston:

To send down the Bill for Poll-money, with the Alterations, Provisos, and Amendments; and to desire their Concurrence therein.

Hatfield Level.

Upon Report by the Earl of Pembrooke, from the Committee for Petitions, "That their Opinion is, that the Cause concerning Hatfeild Levell be heard at this Bar:"

It is ORDERED, That this Cause be heard, at this Bar, by Counsel on both Sides, this Day Fortnight.

Col. Hacker to be examined concerning the Warrant for the late King's Execution.

ORDERED, That an Order be sent to the Lieutenant of The Tower, that he should examine Colonel Hacker, now a Prisoner in The Tower of London, concerning the original Warrant for the Execution of the late King; and if it be in his Custody, to bring it into this House To-morrow Morning; or to give an Account what is become of it.

Bill of Indemnity.

The House was adjourned into a Committee of the whole House during Pleasure, to take into further Consideration the Act of Indemnity.

The House was resumed.

Message to H. C. for a Roll concerning the late King's Trial.

And it was ORDERED, That a Message be sent to the House of Commons, That whereas their Lordships received a Paper from them, concerning the Business of the King's Trial, wherein is Mention made of a Roll, which their Lordships have not received; therefore to desire that the said Roll may be sent up to their Lordships.

And accordingly a Message was sent, by Serjeant Glanvile and Mr. Glascocke.

Answer.

The Messengers returned with this Answer from the House of Commons:

That they have searched for such a Roll as their Lordships do mention, and they can find no such Roll; if they had found any such Roll, they would have canceled it.

Inrollment of Proceedings against the late King to be brought into this House.

ORDERED, That the Clerk of the Crown shall enquire of the Riding Clerk, and other the Six Clerks in Chancery, for the Inrollments and Records of the Proceedings against the Life of the late King. And the said Clerk, or other Officers in whose Custody any such Records shall be, are required forthwith to send the said Records into this House.

Order for Col. Hacker to deliver the Warrant for Execution of the late King.

Whereas this House hath been informed from the House of Commons, "That an original Warrant for the horrid Murder of His late Majesty remains in the Custody of Colonel Hacker, now a Prisoner in The Tower of London:"

It is ORDERED, by the Lords in Parliament assembled, That the Lieutenant of The Tower of London be required to examine the said Colonel Hacker, touching the said original Warrant; and that the same be returned into this House To-morrow Morning, by Nine of the Clock, either by himself or by his Deputy, it being to be used in this House at that Time upon special Occasion, now depending before their Lordships.

The House being again adjourned into a Committee during Pleasure;

The House being resumed;

Col. Hutchinson to be omitted in the List of the late King's Judges.

The Lord Robertes reported, "That the Committee, perusing the Journal that came from the House of Commons, do find certain Names of those Persons that gave Sentence upon the Death of the late King, and signed the Warrant for His Murder; out of which Lists the Committee thinks fit that Colonel Hutchinson's Name be struck out."

Which the House ordered.

Names of those who passed Sentence on the late King.

The Two Lists were read; videlicet,

"The Names of those Persons who sat when the pretended Court of Justice gave Sentence of Death on the late King.

Names of those that signed the Warrant for His Execution.

"The Names of those Persons who signed the Warrant for murdering the late King.

These Persons excepted from Indemnity, and to be secured.

Ordered, That all those Persons in the aforesaid Lists, now read, shall be absolutely excepted out of the Act of Indemnity and Oblivion.

Ordered, That all the Persons in the aforesaid Lists shall be forthwith secured.

Message from H. C. about the Bill for Sewers;— and to sit P.M.

A Message was brought from the House of Commons, by Sir Anthony Irby, &c.; who returned the Bill for nominating Commissioners of Sewers, wherein they have made some Alterations, and desire their Lordships Concurrence therein.

Also to let their Lordships know, that the House of Commons intends to sit this Afternoon; and they desire their Lordships would please to sit likewise.

Then this House read the Amendments in the Bill for Commission of Sewers; and agreed to them, but added a new Proviso.

Message to them with it:--and that the Lords will sit P. M.

A Message was sent to the House of Commons, by Doctor Bird and Mr. Brampston:

To let them know, that this House agrees with them in the Amendments in the Bill for Commissioners of Sewers; and have sent a new Proviso, which their Lordships think sit to be added to that Bill, to which their Lordships desire the Concurrence of the House of Commons. Also to let them know, that this House will sit this Afternoon.

Ordered, That all Committees that should have sat this Afternoon shall be adjourned till To-morrow in the Afternoon.

Adjourn.

House adjourned till 3^a post meridiem.

Post meridiem.

Prayers, by Mr. Hodges.

Domini præsentes fuerunt:

Answer from H. C.

The Messengers return with this Answer from the House of Commons, sent this Morning:

That they have delivered the Bill for Sewers, and they will return an Answer by Messengers of their own.

Marq. of Winton's Bill.

Hodie 2^a vice lecta est Billa, "An Act towards the Reparation and Satisfaction to be made unto John Lord St. John, Earl of Wilts, and Marquis of Winton, &c."

And ordered to be committed to these Lords following:

Their Lordships, or any Five; to meet To-morrow in the Afternoon, in the Prince's Lodgings, at Three of the Clock.

Cox to be a Witness in Ly. Hewit's Cause.

Upon Report of the Marquis of Dorchester, from the Committee of Petitions, "That their Lordships do find Alban Cox free from any Crime of having a Hand in the Death of Doctor Hewitt; and therefore the Opinion of the Committee is, That he be discharged from that Offence:"

It is Ordered, That the said Alban Cox is discharged from the present Accusation of the Lady Mary Hewitt, as Things now stand.

Tomlinson to be omitted in the Warrant for apprehending the late King's Judges:

The Question being put, "Whether the Name of Colonel Mathew Tomlinson shall be left out of the Warrant for apprehending those Persons mentioned in the List read this Morning?"

It was Resolved in the Affirmative.

Protest against it.

Memorandum, That, before the putting the aforesaid Question, these Lords following desired Leave to enter their Protestation, if the Question were carried in the Affirmative.

Leichfeild.
W. Maynard."

E. of Derby's Order.

Ordered, That the Earl of Derby shall have the like Order as the Duke of Bucks had, dated the 14th of June last.

Marq. of Winton, D.

Ordered, That Marquis of Winton shall have the like Order as the Duke of Buck had, the 14th of June last.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by the Lord Angier, &c.; who brought up a Bill, [ (fn. 5) intituled, "An Act] for restoring of James Marquis of Ormond all his Honours, &c.

Marq. Ormond's Bill.

Hodie 1^a vice lecta est Billa, "An Act for restoring of James Marquis of Ormond all his Honours, Manors, Lands, and Tenements, in Ireland, whereof he was in Possession on the 23th of October, 1641, or at any Time since."

Ordered, That this Bill shall be read the Second Time To-morrow Morning, the First Business.

Hatfield Level.

Upon the Report from the Lords Committees for Petitions, concerning the Case of the Participants of the Level of Hatfeild Chace, in the Counties of Yorke, Lincolne, and Nottingham:

It is Ordered, by the Lords in Parliament assembled, That the said Cause shall be heard, at this Bar, on Monday the 6th of August next; whereof all Parties concerned are to take Notice accordingly; and that such Depositions as were taken in the Exchequer, relating to the said Cause, may now be made Use of, in case the Witnesses be dead; and the Cause now to be heard be between the same Parties, or any claiming under them, between whom the said Depositions were formerly taken.

Musgrave's Cause.

Upon Report of Mrs. Musgrave's Business, "That the Opinion of the Committee for Petitions is, That she be recommended to His Majesty, that she may be satisfied out of Mr. Gregory Clement's Estate, which is forfeited to His Majesty."

L. Purbeck's Cause.

Ordered, That Thursday next, in the Afternoon, the Lord Viscount Purbeck's Cause shall be heard, before the Committee for Privileges; and Mr. Attorney General to be then present.

Long's Cause.

Upon Report from the Committee for Petitions, "That James Longe is sued, contrary to Articles of War; which the Committee can give no Directions therein without further Directions of the House:"

It is Ordered, To be re-committed to the further Consideration of the Committee for Petitions.

Cox cleared from the Prosecution of Ly. Hewit, &c.

Upon the Report from the Lords Committees for Petitions, concerning the Case of Alban Cox, summoned to appear before their Lordships, where the Lady Mary Hewitt and Sir Thomas Slingsby disclaimed any Prosecution of the said Alban Cox:"

It is Ordered, &c. That the said Alban Cox be, and is hereby, acquitted, cleared, and discharged, from the Charge and Prosecution of the Lady Mary Hewitt and Sir Thomas Slingsby, concerning any Matter or Thing in the Petitions of the said Lady Mary Hewitt and Sir Thomas Slingsby, before the said Lords Committees.

Mrs. Musgrave recommended to the King, to be indemnified out of Clement's Estate.

Upon the Report from the Lords Committees for Petitions, concerning the Case and Petition of Mary Musgrave, Daughter of Sir Andrew Cogan Baronet, wherein it appeareth, "That Gregory Clement (One of those Persons who sat upon the late King's Death), through Fraud and Power, procured to be settled upon himself and his Heirs for ever One Tenement in East Greenwich, late belonging to Sir Andrew Cogan aforesaid, and by him settled upon his said Daughter Mary Musgrave, and the Heirs of her Body, for her Maintenance:"

It is Ordered, by the Lords in Parliament assembled, That the said Mary Musgrave be, and is hereby, recommended unto the King's most Excellent Majesty, as a Person sit to partake of His Grace and Favour, into whose Hands the Estate of the said Gregory Clement (for the heinous Crimes, Misdemeanors, and Treasons whereof he stands guilty) is forfeited and confiscate.

L. Bellasis, Leave to be absent.

Ordered, That the Lord Bellasis hath Leave to be absent for some Time.

Deicroe versus Mayo.

Upon the Report from the Lords Committees for Petitions, in the Cause between Benjamine Deicroe Plaintiff and James Mayo Defendant; and hearing of Counsel on both Parts, concerning a Decree made in Chancery upon Two Causes between the said Parties, without Proof of the said Mayo's Bill against the said Deicroe, and without Hearing of Counsel or Proofs on the said Deicrowe's Part, wherein he was Plaintiff against the said Mayo, touching the Redemption of a Mortgage upon Lands in Enfeild, in the County of Midd.:

It is Ordered, by the Lords in Parliament assembled, That it is hereby recommended to the Lord Chancellor, to appoint a Re-hearing of the said Causes, and the Proofs thereupon, notwithstanding the aforesaid Decree, or any Orders or Proceedings since thereupon had.

Adjourn.

House adjourned till 8^a To-morrow Morning.