House of Lords Journal Volume 11: 22 May 1660

DIE Lunæ, 21 die Maii.

PRAYERS, by Mr. Hodges.

Domini præsentes fuerunt:

Belcham sent for, for treasonable Words.

Upon Information to this House, "That one Captain Belcham hath spoken treasonable Words against His Majesty:"

It is ORDERED, That an Order shall be granted, to attach him, and bring him and the Witnesses before this House, to be examined.

Mrs. Rich's Horses to be restored.

It being reported, "That Mrs. Rich hath her Coach Horses seized upon, as being the Goods of the pretended Protectress's; whereas in Truth they are not."

It is ORDERED, That the said Horses shall be released; and all other Goods properly belonging to her shall not be taken away out of her Possession.

Heveningham to be attached.

ORDERED, That the Gentleman Usher attending this House shall forthwith attach the Body of Wm. Henningham Esquire, upon the Complaint of the House of Commons against him, for being One of the Persons that gave Judgement upon the late King.

Ordinance for a Monthly Assessment.

The Ordinance for raising Seventy Thousand Pounds per Mensem, by Way of Assessment, was read out this Day the First and Second Time; and the whole Ordinance ordered to be committed to the Consideration of these Lords following, who are to report the same to this House:

Any Five; to meet this Afternoon, at Three of the Clock, in the Prince's Lodgings.

Warren sent for, for bailing Persons who spoke treasonable Words.

Upon Information to this House:

It is ORDERED, That John Warrin, One of the Commissioners of the Peace for the County of Midd. shall be sent for, to appear before this House, to answer his bailing of some Persons contrary to Law, that have spoken treasonable Words against the King; and that John Kingston and James Bayley, Witnesses, shall attend, to give in Evidence.

Baker's Petition.

The Earl of Pembrooke reported from the Committee for Petitions, the Petition of John Baker, in which their Lordships think fit to receive the further Directions of this House, it being a Business of Difficulty.

It is ORDERED, That this Petition be retained in this House, until the Courts of Justice be settled in Westm. Hall.

E. of Derby to have Possession of his House.

Upon Information, "That Henry Martin Esquire, One of the Persons that gave Judgement upon the late King, is fled; and that he hath in his Custody the House belonging to the Earl of Derby:"

It is ORDERED, That the Earl of Derby shall be put into the Possession of the same forthwith.

Committee of Privileges.

ORDERED, That the Earl of Shrewsbury be added to the Committee for Privileges; and the Earl of Portland added to the Committee for Petitions.

L. Stanhope's Cause.

Symon Potter and Tho. Woodfoord were sworn at this Bar, to be Witnesses in the Lord Stanhope's Cause.

Adjourn.

House adjourned till 9 cras.

DIE Martis, 22 die Maii.

PRAYERS, by Mr. Hodges.

Domini præsentes fuerunt:

Prayers used in this House.

ORDERED, To be referred to the Committee of Privileges, to consider what Prayers were used formerly in this House; and accordingly to report the same to this House.

Warren, for bailing Medborne, who spoke treasonable Words.

William Warren was brought to the Bar, for bailing of Edward Medborne, for speaking treasonable Words against His Majesty.

The Information of Kingston and Jeanes Bayly, upon Oath, were read.

Medborne committed to Newgate.

And it is ORDERED, That the said Edward Medborne shall stand committed to the Prison of Newgate, for speaking treasonable Words against His Majesty; and that there be a vigorous Proceeding against him, according to Law; and that it is referred to the Judges, to examine this Business further: As concerning Will. Warren, the Justice of the Peace that bailed him, this House will take him into further Consideration, when Edward Keyling, another Justice of the Peace that joined with him in his Bailing, shall appear and answer his Offence, for which Cause he shall be forthwith brought before this House.

L. Chandos's Order to prevent Waste on his Estate.

Upon reading the Petition of the Lord Chandos:

It is ORDERED, That an Order shall be granted, for preventing the committing of Waste, and cutting of Timber, upon his Lands; and that no Timber cut shall be carried away.

L. Powis, D.

Upon the Petition of Percy Lord Powis:

It is ORDERED, That an Order be granted, for preventing all Wastes upon his Lands, and against cutting of Timber, and carrying away what is cut.

Fellows of Magdalen College.

Upon reading the Petition of Edward Drope, John Taylure, Nath. Chyles, &c.; complaining, "That they were unjustly turned out of their Fellowships in Magdalen Colledge, because they would not submit to the Visitors:"

It is ORDERED, That this Petition be referred to the Committee for Petitions, to hear all Parties concerned, and report the same to this House.

Phelps to deliver Records in his Custody.

Upon Report by the Earl of Dorsett:

It is ORDERED, That the Clerks of both Houses of Parliament do take an Inventory of all the Records, Books, Papers, Indentures, and Writings, in the Keeping of John Phelps, belonging to the Public, and remaining in the House of the said John Phelpes; and that Edward Rich, of Lyncolnes Inne, Esquire, shall have the Inspection of them, and continue of Counsel therein as formerly; and that the late Commissioners shall give a speedy and perfect Accompt to the said Edward Rich, to present to both Houses of Parliament, of all Monies, Profits, Rents, Fines, Disbursements, and Salaries, to themselves or any other touching the same. And the Concurrence of the House of Commons be desired herein.

Belcham, for treasonable Words:

Captain Belcham was brought to the Bar, as a Delinquent, for speaking treasonable Words against the King.

John Sherwine, upon Oath, testified, "He heard the said Belcham say, in April last, "That the Queen was a Whore, the King a Bastard, and the whole Generation Whores and Rogues."

John Roberts, upon Oath, said, "He heard the said (fn. 1) Belcher speak the same Words."

(fn. 2) Belchier said, "He remembers not that he spoke any such Words; but might tell them there was somewhat of it in a Book in Scotland."

Sherwin and Roberts heard him not speak of any Book.

Committed to Newgate.

It is ORDERED, That the said Anthony Belcham shall be forthwith committed to the Prison of Newgate, for speaking treasonable Words against His Majesty; and that the further Examination of this Business be referred unto the Judges, that so there may be a Proceeding against him according to Law.

Message from H. C. for a Free Conference about the Votes, &c. concerning the late King's Judges.

A Message was brought from the House of Commons, by Mr. Monson:

To desire a Free Conference, so soon as it may stand with their Lordships Conveniency, touching the Matter of the last Conference.

The Answer returned was.

Answer.

That this House will give them a Free Conference, presently, in the Painted Chamber.

House in a Body to meet the King.

ORDERED, That all the Members of this House shall go in a Body, to receive the King, with the Speaker; and that no Lords shall go without Leave of the House to meet the King.

Free Conference, about the Votes, &c. concerning the late King's Judges.

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

The Speaker was appointed to let the Members of the House of Commons know, "That their Lordships will be careful to preserve the Privileges and good Correspondency between both Houses; and that their Lordships will take the Matter of this Free Conference into speedy Consideration."

The House being adjourned, the Speaker went into the Painted Chamber, to acquaint them therewith.

The House was resumed.

ORDERED, That this Business be taken into Consideration this Afternoon.

Lady Petre's Order, to stay the seizing her Rents, &c.

Upon reading the Petition of Mary Lady Petre, of Ingateston, in the County of Essex, the Relict of Robert Lord Petre, deceased; shewing, "That the Sequestrators for the said County have for some Years last past entered into, and taken Possession of, her Lands and Tenements in the said County, upon Pretence of being a Popish Recusant; and received and taken the greatest Parts of the Rents and Profits thereof; and have committed such Waste, by suffering the Houses to fall down and go to Decay, that the Farms are become untenantable; and likewise they have seized upon all her Personal Estate to a considerable Value, whereby she is deprived of a Livelihood; but was never convicted for Recusancy, nor indicted for the same:"

It is therefore ORDERED, by the Lords in Parliament assembled, That in regard the Petitioner is a Relict of a Peer of this Realm, and so is capable of Privilege of Parliament, that the levying of any Monies by the said Sequestrators, Receivers, or any others, upon the Estate of the Petitioner, is hereby suspended, until the Merits of her Cause be fully heard and determined by the Law.

L. Chandos's Order to stay Waste on his Estate.

Upon Information made this Day in the House, "That there is great Waste and Spoil in and upon the Lands and Hereditaments of the Lord Chandos, in cutting down, breaking, and spoiling, of Timber and other Woods, in and upon the Lands belonging to Sudeley, in the County of Glocester:"

It is ORDERED, by the Lords in Parliament assembled, That there shall be no more Waste made in or upon any of the Lands of the said Lord Chandos, belonging or appertaining to Sudeley aforesaid, by cutting and felling of any Timber, Timber Trees, or any other Wood whatsoever; and that no Timber that is cut, and remaining now upon the Premises, or any of them, shall be squared or carried off the same; neither shall there be any Logs, Roots of Trees, or any Wood whatsoever, taken or carried away from the same: And hereof all Persons are to take Notice to whom it doth or may appertain, and to yield their Obedience hereunto, as they will answer the contrary at their Perils.

Adjourn.

House adjourned till 4^a post meridiem.

Post meridiem.

PRAYERS, by Mr. Hodges.

Domini præsentes fuerunt:

Lords Leave to meet the King.

E. Lyndsey, hath Leave to attend His Majesty for a few Days, and will return to attend this House with their Lordships.

Report of the Conference concerning the Votes, &c. about the late King's Judges, in which the Judicature of this House is concerned.

The Earl of Manchester reported the Effect of the Free Conference this Morning; "which," his Lordship said, "was managed by Mr. Annesley; who said, "The House of Commons had an earnest Desire to continue a fair Correspondency between both the Houses; and they were sensible what Distempers have been for many Years past; and they desired that all Breaches might be healed: That this Conference was to preserve a good Understanding.

"The Commons said, They had seen a printed Paper, which was printed and published from their Lordships, without their Concurrence, or Conference, or taking Notice of it. The Paper is dated 18 May Instant; which mentions, That, upon Complaint made by the Commons in Parliament, it is ordered, by the Lords in Parliament, That divers Persons should be secured, who sat in Judgement upon the late King's Majesty when Sentence of Death was pronounced; which Order leaves them out, contrary to the Resolution as they presented it to this House for Concurrence.

The House of Commons take Notice, that there was no Complaint in this Case made by the Commons; nor is there any Entry thereof in their Journal.

If there had been a Complaint preceding, the Lords could not have proceeded as they have, in a judicial Way, without Consent of the Commons.

"As this Case is, the Point of Judicature is not in Question.

"1. The Order sent by the Commons to the Lords for their Concurrence is not in a judicial, but in an extraordinary Way, and for a notorious and transcendent Crime.

"2. The Law allowed no such Proceedings regularly before Conviction.

"3. This was in order only to bring them to a judicial Proceeding.

"4. The Lords sent several Orders to the Commons, in the Cases of Sales, securing Rents, and hindering cutting or selling Wood and Timber, wherein the Commons concurred; and this before the Parties heard. And this is a Case of Members of the Lords House; all being assented to as Cases of Extremity.

"The House of Commons say, They cannot admit the Lords Judicature so largely as they assert it. But, Judicature as aforesaid not being in Question, they decline this Dispute.

"They conceive the Lords intrench upon the Commons Privilege; for Colonel Hutchingson, a Member of the House of Commons, could not be under such an Order of the Lords upon any Account, unless the Commons Order had been consented to.

"By this Way, if allowed, the Lords may vary from any Orders sent up by the Commons, without a Conference; and ground their Variation upon pretended Complaint of the Commons, when there is none.

"The Printing of the Lords Order before the Conference with the Commons, or their Assent, is a further Intrenching on the Privilege of the Commons."

Ordinance to consider of an Answer to the H. C. on this Subject.

Hereupon the House appointed a Committee, to consider what Answer is fit to be returned to the House of Commons, upon the Matter of this Free Conference, whereby a good Correspondency may be kept between the Houses, and the Privileges of this House preserved:

These Lords to meet presently, in the Prince's Lodgings.

Lords restored to be Custos Rotulorum.

Whereas divers Peers of this Realm were Custos Rotulorum in divers Counties, and were displaced in the Time of Oliver Cromwell:

It is ORDERED, That these Lords following be restored to the several and respective Counties, to be Custos Rotulorum of them; videlicet,

Earl of Suffolk, to be Custos Rotulorum of Suffolk and Cambridge Shires.

Earl of Manchester, of North'ton and Huntington Shires.

Earl of Exon, of Rutland, and the City of Peterborough.

Earl of Bridgwater, for the County of Salop.

The Lord Craven, for the County of Berks.

Lord Wharton, for the Counties of Bucks and Westm'land.

Message to H. C. about the Order for the Records in Phelps's Custody.

A Message was sent to the House of Commons, by Mr. Rich and Mr. Eden:

To deliver to them the Order concerning the Books and Writings in the Custody of Mr. Phelpes, and desire their Concurrence therein.

Answer to them, concerning the Votes, &c. about the King's Judges.

The Lord Robertes reported from the Committee, what was thought fit to be offered to the House of Commons, in Answer to the Matter of the Free Conference this Day: Which was read, and debated; but no Determination now.

The Question being put, "Whether this House shall now be adjourned?"

It was Resolved in the Affirmative.

Sheafe and Gifford.

Upon reading the Petition of Harman Sheafe, and Thomas Ruche Citizen of London; shewing, "That they became Bail for one Henry Webb, to John Gifford, which Webb had Goods arrested, by Attachment out of the Sheriff's Courts in London, by the said Gifford, who takes Advantage of the Stopping of Proceedings in all Courts of Judicature in Westm. Hall at this Time, whereby no Means can be used for the Bail to make their Defence to the said Action, or to produce Witnesses in the Cause, they being in New England that should testify therein on Thursday next, it being the Day on which with all Eagerness he endeavours to get the said Cause to be heard:"

It is ORDERED, by the Lords in Parliament assembled, That all Proceedings of the said John Gifford in the said Sheriff's Court shall be forthwith stayed, until the Courts in Westm. Hall be settled, or the Pleasure of this House be further signified, unless good Cause be shewed to the contrary to this House: And hereof all Persons concerned are to take Notice, and yield their Obedience accordingly.

Adjourn.

House adjourned till 9^a cras.