House of Lords Journal Volume 11: 14 July 1660

DIE Saturni, 14 die Julii.

PRAYERS, by Mr. Hodges.

Domini præsentes fuerunt:

Ld. Purbeck's Petltion, to go upon Bail.

Upon reading a Petition from Viscount Purbeck; desiring, "in regard of his ill Health, he may have Liberty to go upon Bail, being in present Custody of the Gentleman Usher:"

It is ORDERED, That Mr. Attorney General give an Account of this Business referred to him on Monday Morning next.

Holles's Petition.

Upon reading the Petition of Gervas Holles:

It is ORDERED, To be referred to the Committee for Petitions, to hear all Parties.

Portington sent for, for condemning the E. of Derby.

Upon Report of the Earl of Bristoll, from the Committee of Privileges:

It is ORDERED, That Captain Portington, who confessed that he sat upon the Council of War upon the condemning of the Earl of Derby to Death: (fn. 1) It is ORDERED, That the said Thomas Portington shall be sent for in safe Custody, and brought before this House.

The Earl of Pembrooke made the Report from the Committee of Petitions, concerning the Earl of Derbie's Business, heard many Days before the said Committees: (Here enter the Report at large.)

It is ORDERED, That this whole Business be heard, by Counsel on both Sides, at this Bar, on Wednesday Morning next; at which Time the Judges are to be present.

Bill to confirm Judicial Proceedings.

Hodie 1^a vice lecta est Billa, "An Act for Confirmation of Judicial Proceedings."

Marq. of Winton's Bill, for Damages from Wallop and Gervoise.

Hodie 1^a vice lecta est Billa, an Act, intituled, "An Act towards the Reparation and Satisfaction to be made unto John Lord St. John of Basing, Earl of Wiltshire, and Marquis of Winchester, out of the Manors and Lands of Rob't Wallop Esquire, and Sir Tho. Gervoise Knight, deceased, for the Sum of Nineteen Thousand Pounds, and Damages for the same, given unto them by the late pretended Parliament out of the said Marquis of Winchester's Estate."

Bill for Sewers.

Hodie 1^a vice lecta est Billa, "An Act for the present nominating Commissioners of Sewers."

Exeter Petition.

Upon reading the Petition of the Inhabitants of the City of Exeter:

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

White's Petition.

Upon reading the Petition of Eliz. White, referred to be perused by the Sub-committee for Petitions. (fn. 2)

Cook's Petition, for Preservation of the Deer in Finckley Forest.

Upon reading the Petition of Wm. Cooke:

It is ORDERED, To be referred to the Sheriff of Hampshire, That whereas Information is given to this House, that the Deer of His Majesty, in the Forest of Finckley, in the County of South'ton, within these Ten Days, are destroyed in a riotous Manner, that he take Care for the preserving the Remainder of the Deer there from being destroyed; and if he can find out those Parties that have destroyed the Deer, that he apprehend them, and cause them to be punished according to Law.

Public Bills.

ORDERED, That the Public Bills lying in this House shall be read on Monday Morning next, the First Business.

Dean Forest left to the Care of the proper Officers.

ORDERED, That the Order of this House, dated the 18th of May, 1660, to impower Commissioners to take Care to prevent Waste in the Forest of Deane, is hereby revoked, and all other Orders of this Nature; which are left to the Care of the proper Officers whom it concerns to take Care of.

Message from H. C. with Bills.

A Message was brought from the House of Commons, by Sir Heneage Fynch Baronet, Solicitor to His Majesty; who brought up Two Bills, wherein they desire their Lordships Concurrence:

1. "An Act for the speedy Provision of Money, for disbanding and paying off the Forces of this Kingdom, both by Land and Sea."

2. "An Act for naturalizing Peter De la Pierre, alias Peters, and John De la Pierre, alias Peters."

Stephens, for forging an Order of this House.

Upon reading the Petition of Lemuell Franckling shewing, "That one Jeremy Stephens hath counterfeited an Order of this House:"

It is ORDERED, That the said Jeremy Stephens shall be summoned to appear before the Lords, to answer the said Complaint.

ORDERED, Mr. Justice Hyde do attend the Committee for Petitions, on Monday in the Afternoon.

E. of Derby versus Sir J. Trevor and others, Purchasers of his Estate.

The Earl of Pembrooke reported, "That the Earl of Derby, and the Purchasers of Hope, Moled, and Hawerden, belonging to James Earl of Derby, having been several Days heard before the Committee, it appeared unto their Lordships, that, the said Manors being sequestered and exposed to Sale, the Purchasers, Sir John Trevor, Colonel Twisleton, and Captain Ellis, by their Agents, dealt with the Tenants (pretending a Trust for the Earl of Derby), whereby the Tenants assigned their Right of Pre-emption to them; which when the Tenants understood they were abused in, they declared that their Intent was for the Service of the Earl of Derby, and no otherwise; for, when the Earl's Servants came to prepare the Tenants for Preemption, they declared as much; and that, they being informed by Captain Ellis that the Earl was not in a purchasing Condition, they would be shut out if they did not comply with them.

"That, if the Earl would buy, he must go to the Box, before the Contractors, Trustees, &c.; that, when they had purchased, they came to Articles with the Earl of Derby for Redemption within a Year, he allowing for Bills at the Rate of Seventy Pounds for every Hundred Pounds by them accounted for in the Purchase-money; whereas (whatever Rate they paid for Bills and Debentures) Bills were then to be had at Fifty-three Pounds and Half, Fifty-five Pounds, and Fifty-six Pounds per Cent. notwithstanding the Purchasers alledge they paid Eighty Pounds per Cent. and so were Losers by them: That, when they had brought the Earl (now in a very suffering Condition by reason of the unhappy Differences of the Time) to article with them (which he did) that the Lands should be redeemable within a Year, he paying to them at the Rate aforesaid for Redemption, he moved Serjeant Glyn to redeem the Lands in Trust for him, who refused so to do, but offered to buy Hawarden if the Earl pleased; so that, when the Agreement was made for Hawarden, the Serjeant being to pay therefore to the Earl of Derby Sixteen Hundred Pounds, and to his Lady One Hundred Pounds, and to Sir John Trevor and the other First Purchasers Nine Thousand Pounds, as by Articles of Agreement did appear, it was so ordered, that the Serjeant told the Earl, "That he found that the Purchasers would not convey to him the Manor of Hawarden until the Earl should settle on, and discharge unto them, the other Two Manors, for which there is no other Consideration at all paid, but the same Seventeen Hundred Pounds which the Serjeant paid to the Earl and his Lady, as is confessed, and appeareth by the Deeds themselves; which the Earl through Necessity being constrained to do, did accordingly convey and discharge the said Manors unto the Purchasers by the seeming Consent of his Lady, who joined in a Fine and other Assurances unto them; so that here is Three Manors aliened for Ten Thousand Seven Hundred Pounds, whereof the Earl had but Seventeen Hundred Pounds, which is accounted to be worth Thirty Thousand Pounds, for which the Purchasers paid not (for aught appears) above Twelve Thousand Pounds. So that it appears to the Committee, that the Fraud, which was in the Beginning contrived for depriving the Earl and his Tenants of their Pre-emption, and threatening the putting of the Purchase to the Box, seconded with the Force and Necessity which the Earl was kept under, do destroy the Freedom of all the consequent Acts: So that, upon the whole Matter, the Committee is of Opinion, that the Earl of Derby, re-paying what Monies he hath on the Terms aforesaid received, may, for the Bill now before your Lordships, be restored to the said Lands, and in particular to the Manors of Hope and Moled, purchased by Sir John Trevor, Colonel Twissleton, and Captain Ellis; and as to Howarden, purchased by Serjeant Glyn from the Earl, and the said Sir John Trevor, &c. that the Seventeen Hundred Pounds received by the Earl and his Countess be by him re-paid with Interest, and the Nine Thousand Pounds paid by Serjeant Glyn to the said Trevor, Twissleton, &c. be re-paid with Interest to Serjeant Glyn, discounting for the Mean Profits.

"That the Committee had voted, that there was Force and Fraud in gaining the Fine, and other Evidences, from the Earl of Derby."

Order for Preservation of the Deer in Finckley Forest.

Whereas Information is given this Day to the House, by the Petition of William Cooke, "That His Majesty's Deer, in the Forest of Finckley, in the County of South'ton, have been destroyed, in a riotous Manner, within these Ten Days, to a very great Number; and are likely to be all destroyed within a short Time, if it be not prevented:"

It is ORDERED, by the Lords in Parliament assembled, That the Sheriff of the said County shall take Care for the preserving the Remainder of the Deer there from any further Destruction; and if he can find out those Parties that have killed and made away the said Deer, to apprehend them, and cause them to be punished according to Law.

Adjourn.

House adjourned till 9^a, Monday next.