House of Lords Journal Volume 11: 6 March 1663

DIE Veneris, 6 die Martii.

Domini tam Spirituales quam Temporales quorum Nomina subscribuntur præsentes fuerunt:

PRAYERS.

E. of Bedford's Privilege in a Suit against him, as Trustee for Payment of the late Earl of Carlistre's Debts.

The House was moved, on the Behalf of the Earl of Bedford, for the enjoying of the Privilege of Parliament, according to a Paper here under written; (videlicet,)

"James Earl of Carlile, being seised of the Manor of Sewardiston, in the County of Essex, and the Tithes of the said Parish, did, by his last Will, devise them to Wm. Earl of Bedford, Sir Edward Turner, Sir Jo. Keeling, and others, in Trust, to sell the same for Payment of his Debts, and died in Possession of the same.

"After his Death, the Trustees aforesaid were also actually seised of the Premises.

"One Gobee, pretending a Right to the Manor and Tithes, hath lately entered upon them, supposing they were mortgaged and forfeited to one Andrews for One Thousand Two Hundred Pounds, under whom he claims as Heir at Law; the Money, according to the Mortgage, is paid to the Executors of Andrews.

"A Suit is now depending between the Heir and the Executor in Chancery, for this Money which is paid, and will come to Hearing next Term.

"In the mean Time, Gobee hath brought Three Actions at Law against Jo. Hunter, Phillip Shelley, and William Moulton who are Three of the Tenants; and endeavours to steal Trials this Assizes.

"And hath given Notice of Courts to be kept this Vacation.

"Pray a Stop of these Proceedings, till this Session of Parliament be ended."

Bill to prevent Stoppages in Westm. Streets.

Hodie 2^a vice lecta est Billa, "An Act for the avoiding Stoppages in the Ways to Westm. in Times of the holding of the Parliament or of the Terms there."

Committed unto,

Their Lordships, or any Five of them; to meet on Wednesday the Eleventh of this instant March, at Three of the Clock, in the Afternoon, in the Prince's Lodgings; and to adjourn from Time to Time, as they shall please.

Bill concerning the King's Power in Ecclesiastical Affairs.

The House was adjourned during Pleasure, and turned into a Grand Committee, for the farther Debating of the Act concerning His Majesty's Power in Ecclesiastical Affairs.

And the Lord Chamberlain of the Household took the Chair, as formerly he had done for the same Bill.

The House was resumed, after long Debate.

And the Lord Chamberlain reported, "That the Committee was of Opinion, That it should be put to the Question, Whether a farther Consideration should be had of the said Bill To-morrow Morning; and if that pass in the Negative, then a farther Consideration thereof on Monday; and if that pass in the Negative, then for a farther Consideration thereof on Thursday next."

And accordingly the several Questions were put; (videlicet,)

1. "So many of your Lordships as are of Opinion to resume this Debate touching the said Bill To-morrow Morning, say "CONTENT;" others say "NOT CONTENT"?"

Passed in the Negative.

2. "So many of your Lordships as are of Opinion to resume this Debate touching the said Bill on Monday next, say "CONTENT;" others say, NOT CONTENT"?"

Passed in the Negative.

3. "So many of your Lordships as are of Opinion to resume this Debate touching the said Bill on Thursday next, say "CONTENT;" others say, NOT CONTENT"?"

Passed in the Affirmative.

After some Debate, to what Day the House should be adjourned; it was put to the Question, videlicet,

"So many of your Lordships that are of Opinion to have the House adjourned to Thursday next, say "CONTENT;" others say "NOT CONTENT"?"

Passed in the Affirmative.

ORDERED, &c. That the farther Consideration of the Act concerning His Majesty's Power in Ecclesiastical Affairs is put off until Thursday next, the Twelfth Day of this Instant March, at Ten of the Clock in the Morning; at which Time the Lords of the Upper House of Parliament are desired to be all present, for the farther debating of the said Bill.

E. of Dorset's Petition, to be restored to the Possession of the Advowson of St. Dunstan's in the West, and for Papers concerning it to be delivered to him.

"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

"The humble Petition of Richard Earl of Dorsett;

"Sheweth,

"That your Petitioner, being seised of an Estate in Fee Tail, expectant upon the Death of Edward Earl of Dorsett his Father, of and in the Rectory and Advowson of the Vicarage of St. Dunstan in the West, London, was, together with his Father, by the Power of the Long Parliament, for their pretended Delinquency, and in Part of their Composition, forced to convey the same to Scobell and Lisle, for the Maintenance of Preaching Ministers, who afterwards did convey the said Premises to one Roger Lambert, of the Parish of St. Dunstan aforesaid, and divers others, upon such Trusts as the said Long Parliament directed; and thereupon your said Petitioner was forced to deliver to the said Lambort, and other the Trustees to whom the same was conveyed, divers Writings, Rentals, Escripts, and Muniments, concerning the said Estate; all which, as also the Conveyances so made to Scobell and Lisle aforesaid, and all the Mean Conveyances under that Title, and divers other Writings belonging to your Petitioner, are now in the Possession of the said Roger Lambert.

"That your Petitioner, being restored to his ancient Estate of and in the Premises by an Act of this present Parliament, intituled, "An Act for restoring of such Advowsons, &c." did desire the said Lambert to deliver him up the said Deeds and Writings in his Custody; which he promised to do. But afterwards the said Lambert, being again requested, did peremptorily refuse the same; and, in Contempt of the said Act, doth endeavour, by private Conveyances made by him and some few of the said Trustees, to defraud your Petitioner of all the Benefit intended him thereby.

"Your Petitioner therefore humbly prayeth your Lordships, That, to the End he may without Suits be re-established in the quiet Possession of the Premises according to the said Act, the said Lambert may be ordered to deliver up the said Writings to your Petitioner; as also that he, and all other claiming mediately or immediately under the said Scobell and Lisle, may grant and release their Right of and in the Premises to your Petitioner, his Heirs or Assigns, or shew unto your Lordships good Cause at a short Day to the contrary.

"And your Petitioner."

Die Veneris, 6 Die Martii, 1662.

E. of Bedford's Privilege, in a Suit against him, as Trustee for Payment of the late E. of Carlisle's Debts.

The House was this Day informed, "That the late Earl of Carlile, being seised of the Manor of Sewardiston, in the County of Essex, and the Tithes of the said Parish, did by his last Will devise them to William Earl of Bedford a Peer of this Realm and Member of Parliament, Sir Edward Turner Speaker of the House of Commons, and others, in Trust, whereof they were in Possession after the said Earl's Death; but one Gobee, pretending some Right to the Premises, hath brought Three several Actions at Law, against John Hunter, Phillip Shelley, and William Moulton, who are Tenants to the Premises, and intends to have Trials against them this next Assizes, as also to keep Courts this Vacation:"

It is ORDERED, &c. That there shall be no farther Proceeding in the said Suits or Courts kept by the said Gobee, or by any other to his Use, or by his Procurement, during the Privilege of this present Session of Parliament: And hereof all Persons herein concerned are to take Notice, and yield Obedience hereunto, as the contrary will be answered at their Perils.

Die Veneris, 6 Martii, 1662.

E. of Dorset's Evidences, &c. concerning the Advowson of St. Dunstan's in the West, to be delivered to him.

Upon the Petition of Richard Earl of Dorsett, read this Day in the House; shewing, "That one Roger Lambert did detain from his Lordship divers Writings, Rentals, Escripts, and Muniments, whereby he is deprived of enjoying his Estate in Fee Tail in the Rectory and Advowson of the Vicarage of St. Dunston in the West, London, contrary to an Act of Parliament, intituled, An Act for the restoring of Advowsons, &c."

It is ORDERED, &c. That the said Lambert, having a true Copy of the said Petition and this Order served upon him, shall forthwith deliver unto the said Earl of Dorsett, or his Assigns, all such Writings as belong to the said Premises; and that he and all others claiming any Right in them, or any of them, shall grant the same to the said Earl, his Heirs or Assigns, or shew Cause in Writing to the contrary, between the Date hereof and Monday come Sevennight, which will be the Sixteenth of this Instant Month; and herein they may not fail, as they will answer the contrary to this House.

Adjourn.

Dominus Custos Privati Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis proximum, (videlicet,) 12^um diem instantis Martii, hora decima, Dominis sic decernentibus.

Hitherto examined by

Dorsett.
J. Bridgewater.
Bolingbrooke.
Hunsdon.