House of Lords Journal Volume 11: 23 August 1660

Die Jovis, 23 die Augusti.

PRAYERS, by Mr. Buck.

Domini præsentes fuerunt:

Collins's Petition.

Upon reading the Petition of John Collins:

It is ORDERED, To be referred to the Committee for Petitions; to be considered of at the same Time when Sir John Stowell's Business is heard, if their Lordships shall see Cause.

Peters Naturalization Bill.

Hodie 3^a vice lecta est Billa, "An Act to naturalize John Peters and Peter De la Piers, &c."

The Question being put, "Whether this Bill do pass as a Law?"

It was Resolved in the Affirmative.

E. of Winchilsea's Bill.

Hodie 3^a vice lecta est Billa, "An Act for settling of the Priory of Watton, and other Lands belonging to the Earl of Winchilsea, in the County of Yorke, in the Hands of Trustees, for the Payment of Debts."

And the Question being put, "Whether this Bill shall pass as a Law?"

It was Resolved in the Affirmative.

Message to H. C. with Bills.

A Message was sent to the House of Commons, by Mr. Glascock and Mr. Hobert:

To deliver to them Three Bills, wherein their Concurrence is desired; videlicet,

The Bill concerning George Earl of Bristoll.

The Bill concerning the Marquis of Newcastle.

The Bill concerning the Earl of Winchilsea.

Marq. of Worcester's Patent to be D. of Som'set:

The Marquis of Dorchester reported from the Committee, "That the Marquis of Worcester confessed to their Lordships, that a Patent (fn. 1) was made, and left in his Hands, by the King, to create him Duke of Somersett, upon certain Conditions, which never were yet performed; that he hath made no Use (fn. 2) of it; that the said Patent is in the Hands of his Son the Lord Herbert; and his Lordship is willing to deliver it up to His Majesty."

Message to H. C. that L. Herbert may deliver it to his Father.

A Message was sent to the House of Commons, by Justice Tyrrell and Justice Turner:

To let them know, that the Marquis of Worcester hath acknowledged that the Patent of the Dukedom of Somersett was made to him upon Conditions on his Part to be performed, which he hath not performed; and that therefore he hath not assumed the Place or Title, and is willing to submit it to be surrendered, or otherwise disposed, as the King should appoint; but that it is in the Hands of his Son the Lord Herbert, who is a Member of the House of Commons; and therefore to desire that the Lord Herbert may deliver it up to the Marquis of Worcester.

L. Roscommon's Bill.

The Marquis of Dorchester reported from the Committee, the Bill of the Lord Roscomon, as sit to pass, with some small Amendments; which, being read Twice, were Agreed to, and ordered to be ingrossed.

Exeter Cause.

ORDERED, That it is referred to the Duke of Albemarle, Lord Berkeley of Stratton, Lord Mohun, Lord Robertes, and the Lord Pawlett, to compose and end all Matters of Difference between the Freemen and Inhabitants of the City of Exeter, and the Mayor and Aldermen of the same; and their Lordships to meet this Afternoon, at Four of the Clock, in the Prince's Lodgings, at which Time all Parties are to attend their Lordships.

Trinity House, concerning the Ballast office.

ORDERED, That The Trynity House shall be heard, by Counsel, at this Bar, on Saturday next, in the Morning, concerning the Ballast-office; and Mr. Attorney General then also to be heard, concerning His Majesty's Title.

Answer from H. C.

The Messengers sent to the House of Commons return with this Answer:

That they will send an Answer, by Messengers of their (fn. 5) own, concerning the Patent of the Dukedom of Som'sett.

E. of Derby's Bill.

ORDERED, That the Earl of Peterborough, Earl North'ton, Earl of Cleveland, and the Lord Howard of Charlt. be added to the Earl of Derbye's Bill.

City of Winchester Cause.

The Lord Robertes reported, "That the Marquis of Winton (fn. 3) and himself have endeavoured to compose the Difference of the City of Winchester; but have no Success therein, by reason of certain Persons of that City are refractory: Whereupon their Lordships Opinion is, That the best Way to bring the said City into Peace will be, to leave the Names of some Persons out of the Charter of that City, when it is to be renewed again: The Names are, Thomas Muspratt, John Champion, and Thomas Lambert."

Which this House ordered the same accordingly.

L. Culpeper's Bill.

The Marquis of Dorchester reported the Lord Culpeper's Bill as fit to pass, with few Amendments; which, being read Twice, were agreed to, and ordered to be ingrossed.

Nevill versus Keck, concerning the Rectory of Evenlode.

Upon reading the Petition of Ralph Nevill; shewing, "That Je'vas Keck hath, upon false Suggestion, obtained an Order to sequester the Tithes of the Rectory of Evenlode, in the County of Worcester:"

It is ORDERED, That the said Ralph Nevill shall give Security, by Bond, to the Sheriff of that County, in the Name of the Incumbent, to be answerable for the said Tithes, if the Trial at Law goes against him.

Porter versus Tomlyn and Hamly.

Upon reading the Petition of Thomas Porter Clerk, against John Tomlyn and Thomas Hamlye:

It is ORDERED, That the said Tomlyn and Hamly shall be summoned to answer the Complaint in the Petition mentioned.

E. of Derby's Bill, to preserve Right of Lands sold by his Father.

Hodie 2^a vice lecta est Billa, "An Act for the preserving of the Earl of Derbye's Right of Action and Entry unto the Manors, Lands, and Hereditaments, (fn. 4) heretofore sold, by Will. late Earl of Derby."

ORDERED, To be committed to the Consideration of the former Committee for the Earl of Derbie's other Bill; and that the said Bill do relate only to Non-claim.

Hatfield Level.

ORDERED, That the Sheriff do take Order to prevent all Routs and Riots (fn. 5) that shall happen in Hatfeild Levell.

Upon the Petition of the Participants of the Level of Hatfeild Chase, in the Counties of Lyncolne, Nottingham, and Yorke:

It is ORDERED, &c. That the several Sheriffs of the respective Counties shall take special Care to prevent all Routs, Riots, and unlawful Assemblies, that shall be made in and upon the said Level, for or by reason of any Cause or Pretence whatsoever; and to keep the Peace, according to the Laws of the Land; and that they, or their Deputies, shall see the Orders of this House duly obeyed and put in Execution.

Nevill's Order, concerning the Rectory of Evenlode.

Upon reading the Petition of Mr. Ralph Nevill Clerk, Minister of Evenlode, in the County of Worcester:

It is ORDERED, by the Lords in Parliament assembled, That the Petitioner giving Security by Bond to the Sheriff of the said County, who is to take Security in the Name of Jervice Keck, to be responsible for the Tithes of the said Parish of Evenlode, if the Trial shall go against him, that then the said Ralph Nevill is hereby impowered to receive into his Custody this Summer's Tithes, Glebe, and Profits; and the said Bond, so taken, shall remain in the said Sheriff's Hands, until it shall appear to whom the Right doth properly belong.

Order concerning Winchester.

Upon Report made this Day to the House, "That the Marquis of Winchester and the Lord Roberts having endeavoured to compose the Difference in the City of Winchester, but cannot effect the same:"

It is ORDERED, by the Lords in Parliament assembled, for the better bringing of the said City to a Peace, That Thomas Musprat, John Champion, and Thomas Lambert, shall be forthwith excluded out of the said Corporation, and to be hereby left out of the next Charter that shall be renewed by His Majesty; and that the said Thomas Muspratt and John Champion, Two of the Cofferers of the said City, do, upon Sight of this Order, deliver up the Two Keys of the Coffers of the same into the Hands of the Mayor and Aldermen for the Time being: And herein they may not fail.

Collins's Petition.

Upon reading the Petition of John Collins, of Paul's Covent Garden, in the County of Midd. Merchant Taylor:

It is ORDERED, by the Lords in Parliament assembled, That the said Petition is hereby referred to the Lords Committees for Petitions, to consider of the same when Sir John Stawell's Business is to be heard before their Lordships, if they shall see Cause.

Porter versus Hamley & al.

Upon reading the Petition of Thomas Porter Clerk, against William Triese, John Tamlyn, Henry Newman, and Thomas Hamley, for contemning an Order of this House:

It is ORDERED, by the Lords in Parliament assembled, That the said Will'm Triese, John Tamlyn, Henry Newman, and Thomas Hamlyn, are hereby summoned to answer the Complaint of the said Petition forthwith, upon Sight hereon.

Trinity House and Mountjoy, concerning the Ballast-office.

Upon Motion made this Day in the House, on the Behalf of the Executors of W'm Montjoy Esquire, deceased, Plaintiffs, against the Master, Wardens, and Assistants of Trinity House at Deptford Strand, Defendants, who have the Possession of the Ballast-office settled in them, by an Order of this House, dated the 13th of June last:

It is ORDERED, &c. That the said Parties shall be heard, at this Bar, by their Counsel, on Saturday the Twenty-fifth of this Instant August, by Nine of the Clock in the Morning; and that Mr. Attorney General is then also to be heard what he will say on the Behalf of His Majesty's Title in the said Cause.

Adjourn.

House adjourned till 9^a cras.