House of Lords Journal Volume 11: 11 December 1660

DIE Martis, 11 die Decembris.

PRAYERS, by Dr. Hodges.

Domini præsentes fuerunt:

Sir T. Grymes' Bill.

The Earl of Dorsett reported the Bill concerning Sir Thomas Grymes's Estate, as fit to pass, with some small Alterations and a Proviso; which (fn. 1) were read Twice; and ORDERED, On Friday Morning next, this House will hear Counsel on both Sides.

Newton's and Oakley's Bill.

The Earl of Bridgwater reported the Bill to enable Mr. Newton and Mr. Oakeley to sell Lands, for Payment of their Debts, as fit to pass without any Alterations.

Hodie 3^a vice lecta est Billa, "An Act to enable John Newton and Will. Oakeley to sell Lands, for the Payment of Debts, and raising Portions."

And the Question being put, "Whether this Bill should pass for a Law?"

It was Resolved in the Affirmative.

Sir E. Gostwick's Bill.

Hodie 1^a vice lecta est Billa, "An Act for raising Portions, and making Provision, for the younger Children of Sir Edward Gostwick Baronet."

Answer from H. C.

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

That they agree to the Amendments in the Two Orders for Money, concerning Peck and Sir Thomas Dacres. (Here enter them.)

Message from thence, with a Bill.

A Message was brought from the House of Commons, by Sir John Bowyer, &c.; who brought up a Bill for confirming a pretended Act, to enable William Milward Esquire to sell Lands, for Payment of Debts.

L. Mohun versus Keigwin and Dandy.

The Question being put, "Whether the Vote formerly passed this House, for giving Damages to the Lord Mohun, by Keigwin and Dandy, shall be (fn. 2) revoked?"

It was Resolved in the Affirmative.

Upon the Request of the Lord Mohun, for the revoking the Vote for giving Damages by Keigwin and (fn. 3) Danby:

It is ORDERED, That the Lord Mohun is left at Liberty to take his Remedy at Law against them; and that no former Proceedings of this House shall prejudice his Lordship therein.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Crowch, &c.; who brought up a Bill for the disappropriating of Preston, &c. wherein their Lordships Concurrence is desired.

Boreel's Nat. Bill.

Hodie 2^a vice lecta est Billa, "An Act for naturalizing Boreel."

ORDERED, That the Consideration of this Bill is committed to the Committee for the Bills of Naturalization; and the Committee to meet To-morrow Morning, at Nine a Clock.

Coventry versus Sir T. Williams & al.

Upon reading the Petition of Francis Coventry, and also the Order of this House, dated the 18th of July last, concerning Sir Trevor Williams, &c.

It is ORDERED, That (fn. 4) this House doth declare, That it was not the Intention of this House, that the said Order should prejudice the Petitioner; and that the Heirs of the Lord Hopton do give Satisfaction to the said Petitioner for his Debt; else this House leaves him in the same Condition he was before the making of the aforesaid Order, to take his Remedy as he shall be advised by Counsel.

Sir S. Fanshaw and Impey.

Upon reading a Petition of Sir Symon Fanshawe; complaining of "an unjust Decree in the Court of Exchequer:"

It is ORDERED, That the Consideration of this Petition, and the Matter therein contained, is adjourned to the 6th Day of the Sitting of the next Parliament; and all Proceedings in the Exchequer to be staid in the mean Time.

Bill against Prophane Swearing.

ORDERED, That the Bill against Prophane Swearing, and the Bill against Prophanation of the Lord's-day, be read the Second Time on Friday Morning next, or sooner if there be Opportunity.

Micklethwaite's Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable Joseph Micklethwate, and his Guardian, to sell Lands, for the Payment of his Debts."

Drake's Impeachment.

ORDERED, That William Drake be brought to this Bar To-morrow Morning, to hear his Impeachment, brought up from the House of Commons against him.

College Leases Bill.

ORDERED, That the Committee for College Leases do meet this Afternoon.

Bostock, for Words against the Parliament.

Upon Information to this House, "That one Rob't Bostock, Minister of Wolverton, in the County of Bucks, did lately call the Parliament precious Rogues, for giving away his Right, by the late Act which they made for settling Ministers:"

It is ORDERED, That the Examination of this Business is referred to the Committee of Privileges.

Order for 250 £. to Sir T. Dacres.

"ORDERED, by the Lords and Commons assembled in Parliament, That the Sum of Two Hundred and Fifty Pounds, reported from the Committee for examining the Debts of the Navy and Army, and other Public Debts, to be due to Sir Thomas Dacres, for the like Sum of Two Hundred and Fifty Pounds, Part of Five Hundred Pounds advanced by him and Sir Edward Hales, for the Affairs of Ireland, the 24th of March, 1641, and secured out of the Poll Bill, be charged on the Receipt arising by Excise of Foreign Commodities imported, and paid to the said Sir Thomas Dacres, or his Assigns, out of the said Receipt, in Course, after the other Sums formerly charged by this Parliament on the said Excise, be paid and satisfied: And the Commissioners of Excise are impowered and required to pay the same accordingly; and this Order, together with the Acquittance of Sir Thomas Dacres, or his Assigns, shall be a sufficient Warrant and Discharge."

Order for 3443 £. 12s. 5d.½ to Mr. Peck.

"ORDERED, by the Lords and Commons assembled in Parliament, That the Sum of Three Thousand Four Hundred Forty and Three Pounds, Twelve Shillings, and Five Pence Half-penny, remaining due to Henry Pecke Esquire by virtue of former Orders of Parliament, and formerly ordered by the House of Commons to be paid out of the Estates of Recusants remaining in the Hands of Receivers, be charged on the Receipt arising by Excise of Foreign Commodities imported, and paid to the said Henry Pecke, his Executors, Administrators, or Assigns, out of the said Excise, in Course, after the other Sums formerly charged by this Parliament on the Excise be paid and satisfied: And the Commissioners of the Excise are impowered and required to pay the same accordingly; and this Order, together with the Acquittance of Mr. Pecke, his Executors, Administrators, and Assigns, testifying his Receipt thereof, shall be to the Commissioners a sufficient Warrant and Discharge in this Behalf."

Sir T. Grymes' Bill.

ORDERED, That the Cause of Sir Thomas Grymes, depending before their Lordships by Bill, shall be heard, at this Bar, by Counsel, on Friday next, the 14th of this Instant December, by Ten of the Clock in the Morning; and hereof all Parties concerned are to have timely Notice, and attend the said Hearing accordingly.

L. Mohun versus Keigwin and Dandy.

Resolved, by the Lords in Parliament assembled, That the Vote of the 16th of August last past, made by this House, for giving Damages to the Lord Mohun by William Keigwin and Thomas Dandy, is hereby revoked and made void.

ORDERED, by the Lords in Parliament assembled, upon the Request of the Lord Mohun, for the revoking the Vote for giving Damages to his Lordship by William Keigwin and Thomas Dandy, That his Lordship is left at Liberty to take his Remedy at Law against the said William Keigwin and Thomas (fn. 5) Danby; and that no Proceedings before their Lordships shall be any Prejudice to the said Lord Mohun to take his Course at Law against them.

Sir S. Fanshaw versus Impey.

Upon reading the Petition of Sir Symon Fanshaw; complaining of "an unjust Decree made against him, to his great Prejudice, in the Court of Exchequer, 1657, where those as sat then as Barons of that Court, videlicet, Nicholas, Parker and Hill, did then openly profess much Animosity against the Petitioner; and for the other Suggestions and Allegations in the said Petition, at the Suit of one Thomas Impey; therefore prays, their Lordships would be pleased to re-hear the said Cause in this House:"

Now, in regard this Parliament is near the Time of Dissolution, whereby this Cause cannot come to be heard this Parliament: Therefore it is ORDERED, by the Lords in Parliament assembled, That the Consideration of this Petition, and the Matter therein contained, is hereby adjourned to the Sixth Day of the Sitting of the next Parliament; at which Time all Parties are to attend, with their Counsel, at this Bar; and the original Decree in the Court of Exchequer concerning this Business is then to be brought into this House, that so their Lordships may proceed to a full Hearing of the Business; and in the mean Time no further Proceedings is to be had in this Cause in the Court of Exchequer, or upon the Decree therein mentioned.

Coventry versus Sir P. Williams & al. Coheirs of L. Hopton.

Upon reading the Petition of Francis Coventry Esquire; shewing, "That the late Lord Hopton was indebted, by Recognizance, to the Petitioner, in the Sum of One Thousand Pounds, dated One Thousand Six Hundred Forty and One; and that, by an Order of this House, dated the Eighteenth of July last, the Heirs of the said Lord Hopton have taken Possession of that Part of the Estate of the said Lord Hopton as was conveyed to the Petitioner for his Security:"

It is ORDERED and Declared, by the Lords in Parliament, That it neither was or is intended that the said Order shall be any Prejudice, Lett, or Hinderance, to the Petitioner, as to any just Debt due unto him from the said Lord Hopton; but that the Possession be restored unto him, from which he or his Tenants were removed by virtue of the said Order of the 18th of July last; and that the Sheriff of the County of Somersett, or his Deputy, shall forthwith put the said Mr. Coventrey, or his Tenants, into the Possession of the Premises, notwithstanding the said Order.

Adjourn.

House adjourned till 10^a cras Aurora, 12th December.