House of Lords Journal Volume 11: 11 July 1660

DIE Mercurii, 11 die Julii.

PRAYERS, by Mr. Hodges.

Domini præsentes fuerunt:

Bristol Petition.

Upon reading the Petition of the City of Bristoll:

It is ORDERED, To be referred to the Committee of Petitions, to hear all Parties concerned, and report to this House.

Message from H. C. with Bills.

A Message was brought from the House of Commons, by Arthur Annesley Esquire, &c.; who brought up Two Bills; intituled,

1. "An Act of Free and General Pardon, Indemnity, and Oblivion."

2. "An Act for Confirmation of Judicial Proceedings."

Byron's Petition, for Reversal of a Decree in Chancery.

Next, the House took into Consideration the Report from the Committee for Petitions, concerning Will. Byron, whose Case was offered to the House for their further Direction therein; it being concerning the Reversal of a Decree in Chancery, or having a Re-hearing without Performance of the Decree.

It is ORDERED, To be referred to the Lord Chancellor, to proceed therein according as he shall think fit, upon View of the Precedents of the Court of Chancery.

Acton sent for, for Contempt of the Marq. of Winton's Order.

Upon reading (fn. 1) an Affidavit, "That Edward Acton hath refused to give Obedience to an Order of this House, made in the Case of the Marquis of Winchester, and gave slight Words concerning the said Order:"

It is ORDERED, That the said Acton, for this Offence, shall be sent for as a Delinquent, and brought before this House.

Order for securing Persons who sat on the Trial of the late E. of Derby.

The Earl of Bristoll reported from the Committee of Privileges, "That, in the Case of the Death of the Earl of Derby, there was Five Persons appeared, who confessed they did fit in a Council of War, upon the condemning the Earl of Derby:"

And it is ORDERED, That the said Five Persons shall be forthwith secured. The Names are, Lieutenant Colonel Henry Birkenhead, Captain John Griffith, Colonel Rob't ckenfeild, Colonel Henry Bradshawe, and Captain Edward Alcocke.

Bowen to be attached, for Words against this House.

Upon Information this Day upon Oath, by John Polehill, "That one Bowen hath spoken scandalous Words of a high Nature against the House of Peers:"

It is ORDERED, That the said Bowen shall be attached as a Delinquent, and brought before this House, to answer the said Offence.

Reasons to be offered to H. C. for Delivery of Deeds belonging to Peers.

The Earl of North'ton reported the Reasons to be sent to the House of Commons, concerning the Deeds and Conveyances concerning the Peers, in the Hands of the Clerk of the House of Commons; which, being read, was approved of, and ordered accordingly:

"Whereas several Peers, Members of the Lords House, have complained to that House, that the late Committee for Compositions did enforce them to assign over several Tithes, Rectories, and Rent Charges, to several and respective Uses in those Deeds mentioned: The Lords, finding that the several Deeds and Evidences now mentioned in certain Papers here with delivered were lately remaining in the Hands of Mr. Phelpes, as appears by an Inventory taken by the Clerks of both Houses, and are now in the Custody of the Clerk of the House of Commons, and that their Lordships cannot proceed in this Case for Want of the Sight of the said Deeds and Assurances, do therefore desire that the House of Commons do order, that the said Deeds, now remaining in the Custody of the Clerk of the House of Commons, may be delivered to the Clerk of the Lords House, that so their Lordships may proceed to judge of the Complaint made by their Members."

ORDERED, That this be sent, by Message, to the House of Commons, To-morrow Morning.

Proceedings against the late King.

ORDERED, That the daily Proceedings of the Trial by the High Court of Justice against the late King, in what Court soever they be inrolled, shall be brought into this House.

Ld. Culpepper's Order.

Upon reading the Petition of the Lord Colpepper; desiring, "the Order of this House, (fn. 2) for restoring him to his Estate:"

It is ORDERED, That he shall have the like Order as other Lords have had in this Case.

E. of Stamford versus Maj. Hobart & al.

Upon reading the Petition of the Earl of Stamford, concerning the Injury offered to him by Major Hobert and others:

It is ORDERED, That this Petition shall be taken into Consideration when the Act of Indemnity is considered of.

Byron's Petition, for Reversal of a Decree in Chancery.

Upon the Report from the Lords Committees for Petitions, concerning the Petition of William Byron Esquire:

And after some Debate had in this House, concerning the Matter and Complaint of the said Petition:

It is ORDERED, by the Lords in Parliament assembled, That the said Petition is hereby recommended to the Lord Chancellor, to proceed thereupon according as he shall think fit, upon View of the Precedents of the Court of Chancery.

Acton to be attached, for Contempt of the Marq. of Winton's Order.

It is this Day ORDERED, by the Lords in Parliament assembled, That the Gentleman Usher attending this House, or his Deputy, shall attach the Body of Edward Acton, and forthwith bring him in Safety before the Lords in Parliament, for his Contempt, in disobeying an Order of this House concerning the Lord Marquis of Winchester, and keeping away some Goods of his Lordship's contrary to the said Order: And this to be a sufficient Warrant in that Behalf.

Proceedings against the late King to be brought into this House.

Upon Information given this Day to the House, "That the Proceedings in the Trial of the late King, of Blessed Memory, by the High Court of Justice, is inrolled in every Court:"

It is ORDERED, That the in the King's Bench shall forthwith, after Sight of this Order, cause the said Proceedings (if inrolled in that Court) to be speedily copied out, and brought unto the Clerk of the House of Peers.

Col. Berkenhead, &c. sent for, concerning the E. of Derby's Death.

ORDERED, That the Gentleman Usher shall attach the Bodies of Lieutenant Colonel Henry Berkenhead, Captain John Griffith, Colonel Rob't Ducking feild, Colonel Henry Bradshawe, and Captain Edward Alcocke, who did fit upon the Death of the late Earl of Derby, deceased; and forthwith bring them in safe Custody before the Lords in Parliament: And this to be a sufficient Warrant.

Bowen to be attached, for Words against this House.

ORDERED, That the Gentleman Usher attending this House shall attach the Body of Bowen, who hath spoken very contemptuous Words against the House of Lords, and several particular Members of the same; and forthwith bring him in safe Custody before their Lordships, to answer his Contempt in that Behalf.

Order for restoring Ld. Culpepper to his Estate.

Whereas, upon the humble Petition of John Lord Culpeper, Baron of Thorswey; shewing, "That the Lands and Estate of the said Lord Culpeper were actually sold, by that Assembly of Persons who usurped the Name and Authority of a Parliament, without either Hearing, or Summons or Charge against the said Lord Culpeper, and without Trial by his Peers, which is contrary to the fundamental Laws of this Kingdom:"

It is therefore ORDERED, by the Lords in Parliament assembled, That the Sale of the said Lands and Estate, and all Proceedings thereupon, be, and are hereby declared to be, null and void; and that the Lord Culpeper be, and is hereby, restored to the Possession of the said Lands and Estate, in whose Hands soever the same are, which have been thereby unjustly kept from him, and to all Timber and Woods cut down, and remaining upon the Premises: And hereof all Persons whatsoever are to take Notice, and yield Obedience hereunto accoringly.

Adjourn.

House adjourned till 10^a cras.