House of Lords Journal Volume 11: 1 September 1660

Die Saturni, 1 die Septembris.

Prayers, by Dr. Hodges.

Domini præsentes fuerunt:

Bill for draining the Great Level of the Fens.

Hodie 3^a vice lecta est Billa, "An Act for the necessary Support of the Work of Draining the Great Level of the Fens."

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

It was Resolved in the Affirmative.

L. Clifford's Bill rejected.

Hodie 3^a vice lecta est Billa, "An Act to enable Richard Lord Clifford, Earl of Corke, in Ireland, and the Lady Eliz. Clifford his Wife, Countess of Corke, to proceed at Law, or in Equity, against such Persons as took away their Goods contrary to the Articles made at the Rendition of Yorke."

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

It was Resolved in the Negative.

Message to H. C. with Bills.

A Message was sent to the House of Commons, by Sir Edmond Peirce and Doctor Bennett:

To deliver to them Two Bills, and to desire their Concurrence therein:

1. The Bill concerning the Great Level of the Fens.

2. The Bill for naturalizing the Countess of Derby, and others.

The Messengers return with this Answer:

Answer.

That they have delivered their Message to the House of Commons.

Message from H. C. for a Conference, about the Recess;—and with Bills.

A Message was brought from the House of Commons, by the Earl of Ancram and others:

1. To desire a present Free Conference, upon the Matter of the last Conference.

2. Bills brought up, wherein they desire their Lordships Concurrence:

1. An Act for the regulating of the Trade of Bay making, in the Dutch Bay Hall, in Colchester.

2. An Act for Maintenance of the Vicarage of Royston, &c.

The Answer returned was:

Answer.

" (fn. 2) " Their Lordships will send an Answer by Messengers of their own.

Message to H. C. about the Conference.

A Message was sent to the House of Commons, by Sir Edmond Peirce and Doctor Bennett:

To let them know, that whereas they desire a Free Conference, concerning the Matter of the last Conference, their Lordships will give a Free Conference; and do appoint it to be presently, in the Painted Chamber.

Exeter Cause.

The Lord Mohun reported the Agreement as was made at the Committee, between the Inhabitants and Aldermen of the City of Exeter; which being read, this House confirmed the said Report, and ordered the same accordingly. (Here enter it.)

Answer from H. C.

The Messengers return this Answer from the House of Commons:

That they will give a Free Conference, in the Painted Chamber, as is desired.

Committee to consider of the Marq. of Worcester's Patent to be D. of Somerset.

Ordered, That the Committee formerly appointed to examine the Business concerning the Marquis of Worcester's Patent do meet on Monday next, in the Afternoon, peremptorily: And these Lords following are added to that Committee:

The Marquis of Worcester is to have Notice hereof; and if his Lordship be not present in this House on Monday Morning next, then Witnesses are to be examined upon Oath in the Business, by the Committee.

The Lord Chancellor, Lord Treasurer, Lord Robertes, and the Lord Chamberlain, were appointed to manage and report this Free Conference with the House of Commons.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference concerning the Recess.

The Lord Chancellor reported the Effect of this Free Conference; which was, "upon the Gracious Message from the King, wherein He mentions a Recess to be of the Two Houses of Parliament for a short Time; for which Gracious Message they desire Thanks may be returned to His Majesty: But there is in the said Message a Word of Ambiguity, namely, ["Recess";] and they desire to know, what His Majesty intends therein, whether He intends it by Way of Adjournment or Prorogation. If by Way of Prorogation, then it will determine this Session, and all Bills must be to begin again, and some Bills are to determine this Session But if it be by Way of Ad journment, then all Things remain is they are But the Manner of Adjournment would be considered of, and they desire that either House might adjourn them selves, by His Majesty's Consent"

Lords to attend the King about it

Upon this, the House appointed the Lord Chancellor and the Lord Treasurer to acquaint His Majesty with this Business, and to desire to know His Majesty's Pleasure herein

Bristol Cause

Ordered, That the Committee for Petitions do meet on Tuesday next, in the Afternoon, to hear the Business of the City of Bristoll only, and no other Cause

Wythe and Lewis about the Rectory of Shipdham

Upon reading the Petition of Whythie, and also the Petition of Marke Lewis, concerning the Benefit of the general Order for securing the Tithes of the Rectory (fn. 3) of Shipdham, in the County of Norfolke, and it appearing to this House, "That the said Doctor Wythe formerly relinquished his Interest in the said Rectory"

It is Ordered, That the said Order granted to Wythe be, and is hereby, revoked and made void

Sir Geo Booth's Bill

Ordered, That the Bill concerning Sir George Booth shall be read the Second Time on Monday Morning next

E of Sterling & al versus Levingston

Ordered, That the Business between Earl of Sterling and others, and Mr Levinston and others, shall be taken into Consideration on Tuesday Morning next, upon the whole Business, as it hath been heard at this Bar

Exeter Cause

Upon the Report from the Lords Referees, who were appointed to compose all Differences concerning the City of Exeter

It is Ordered, by the Lords in Parliament assembled, That these Churches within the said City of Exeter, (videlicet,) St Martin's, St Stephen's, St Laurance, St George's, The Holy Trynity, St Paul's, St Pancrasse's, St Kerjan's, Alhallowes Goldsmithes streete, St Olaves, St Mary Steps, and St John Bowe, shall be repaired at the Charge of the respective Parishioners, and that all the Bells, Plate, Utensils, and Materials, formerly belonging to the said Churches, or any of them, and now in Being, shall be forthwith delivered to the respective Churchwardens of the said Churches, and that such Money as is unpaid for the Purchase of the said Churches, or any of them, shall not be paid, but the Ponds delivered up, and that the Chamber of Exeter shall forthwith, at then own Charge, take away the Petition Wall built in the Cathedral, and the newbuilt Seats in the Choir, all the Materials whereof are to be employed towards the making up again the Churches which were defaced, and to that End are to be delivered unto the respective Churchwardens And hereof all Parties concerned are to take Notice, and are required to yield Obedience accordingly

Examination of Marq of Worcester's Patent to be D. of Somerset.

Ordered, by the Lords in Parliament assembled, That the Lords Committees formerly appointed to examine the Business concerning the Marquis of Worcester's Patent do meet on Monday next, at Four of the Clock in the Afternoon, in the Prince's Lodgings, to which Committee these Lords following are added, (videlicet,) Earl of Bridgwater, Earl of Clare, Viscount Mountagu, Lord Petre, Lord Maynard, Lord Craven, Lord Clifford, and the Lord Culpeper, of which Meeting the Marquis of Worcester is to have Notice, and if his Lordship give not the House Satisfaction in Person on Monday next in the Morning, that then Witnesses are to be sworn at this Bar in this Cause, and afterwards examined upon Oath at the Committee, as their Lordships shall see Cause, who are hereby impowered to adjourn themselves from Time to Time, and to send for Witnesses as they please

Lewis versus Wythe, concerning the Rectory of Shipdham

Upon reading the Petition of Thomas Withe Doctor in Divinity, and the Petition of Marke Lewis Clerk, concerning the Benefit of the general Order for the securing of the Tithes of the Rectory of Shipdham, in the County of Norff, and it appearing to the Lords, by Certificate, "That the said Thomas Wythe had voluntarily relinquished the said Rectory of Shipdham many Years since"

It is Ordered, &c That the said general Order is hereby vacated, as to the said Doctor Wythe, in all Points, and the said Mr Lewis is quietly to enjoy the Possession of the said Tithes, any Thing in the said Order notwithstanding

E of Sterling & al versus Levingston

Ordered, That the Business between the Earl of Sterlinge and others Plaintiffs, and Mr Levingston, his Wife, and others Defendants, having been heard at this Bar, by Counsel on both Sides, shall be taken into Consideration by their Lordships on Tuesday next in the Morning, upon the whole Matter

Bristol Cause

Ordered, That the Committee for Petitions are to meet on Tuesday the 4th of this Instant, at Three of the Clock, in the Painted Chamber, to consider only of the Cause of the City of Bristoll, and hereof the Parties concerned are to have timely Notice, to attend accordingly

Adjourn

House adjourned till 9^a cras