House of Lords Journal Volume 11: 19 July 1660

DIE Jovis, 19 die Julii.

PRAYERS, by Mr. Hodges.

Domini præsentes fuerunt:

Justice Twisden, Leave to be absent.

ORDERED, That Justice Twisden hath Leave to be absent from his Attendance on this House, and to go to his House in the Country, to settle his Affairs against his going the Assizes.

Bill for Pollmoney.

Hodie 2^a vice lecta est Billa, "An Act for the speedy Provision of Monies, for disbanding and paying off the Forces of this Kingdom, both by Sea and Land;" and ordered to be committed to these Lords following:

Their Lordships, or any Five; to meet To-morrow Morning, at Eight of the Clock, in the Prince's Lodgings.

Bill to reduce the Interest of Money.

ORDERED, That the King's Learned Counsel shall prepare a Bill, and bring the same into this House, that not above Six Pounds per Cent. for a Year shall be taken for the Loan of Monies.

Bill to confirm Judicial Proceedings.

Hodie 2^a vice lecta est Billa, "An Act for Confirmation of Judicial Proceedings;" and ordered to be committed to these Lords following:

Their Lordships, or any Five; to meet on Saturday Morning next, at Eight of the Clock.

Bill for Sewers.

Hodie 3^a vice lecta est Billa, "An Act for nominating Commissioners of Sewers."

The Question being put, "Whether this Act shall pass as a Law?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Justice Mallett and Serjeant Glanvile:

To deliver to them the aforesaid Bill for nominating Commissioners of Sewers, and desire their Concurrence therein.

Message from thence, with an Order.

A Message was brought from the House of Commons, by Mr. Jones, &c.

To desire their Lordships Concurrence in an Order for paying Monies to Lancelott Emot, Provost Marshal of Midd. and Mr. Pecke.

Read Once.

The Answer returned was:

Answer.

That this House will return an Answer by Messengers of their own.

E. of Portland's Recognizance vacated.

ORDERED, That the Recognizances of the Earl of Portland, and his Security the Earl of Denbigh and Lord Hunsdon, formerly given to this House, (fn. 2) are hereby vacated, made null and void.

Answer from H. C.

Justice Mallett and Serjeant Glanvile return with this Answer:

That they have delivered the Bill to the House of Commons, concerning nominating Commissioners of Sewers.

Lady Hewet's Cause.

The Marquis of Dorchester reported from the Committee of Petitions, "That, in the Cause of the Lady Mary Hewit, one Alban Cox was produced as one complained against; but the Party complaining is willing to wave Prosecution against him, and desires he may be admitted as a Witness in that Cause."

Hereupon this Case is referred to the Consideration of the Judges, who are to deliver in their Opinion Tomorrow Morning.

Col. Croxton, to be secured.

ORDERED, That Colonel Thomas Croxton, who confessed he sat in the Court Martial upon the Earl of Derby, be secured by the Gentleman Usher attending this House.

Green, Countess of Holland's Servant, Privilege.

Upon Information, "That one Will'm Greene, menial Servant to the Countess of Holland, is arrested, contrary to the Privilege of Parliament:" (fn. 3) be forthwith be released from his present Imprisonment.

Rivet to deliver a Statue of the late King to the E. of Portland.

Upon Complaint made, "That one John Rivet, a Brazier, refuseth to deliver to the Earl of Portland a Statue of Brass of the late King on Horseback, according to an Order of this House:"

It is ORDERED, That the said John Rivett shall permit and suffer the Sheriff of London to serve a Replevin upon the said Statue and Horse of Brass, that are now in his Custody and Possession.

L. Pawlet's Cause.

The Earl of Pembrooke reported the Case of the Lord Pawlett, from the Committee of Petitions.

It is ORDERED, That Monday next come Sevennight the Cause shall be heard, at this Bar, by Counsel on both Sides; and all Parties concerned to have Notice: And all Deeds concerning this Business to be brought in at the Hearing; and a Proviso may be brought in, when the Acts of Indemnity and Bill for Judicial Proceedings be taken into Consideration.

Report concerning Sir J. Bunce;

The Report of Sir James Bunce was made, from the Committee of Petitions:

It is ORDERED, That the said Report is confirmed by this House.

and Sir F. Doddington.

The Report of Sir Francis Doddington's Business was made, from the Committee for Petitions; and ordered to be confirmed by this House.

Bayly's Order.

Upon Report of Baylye's Case, Minister of Frinkford, "That there is no Sequestration nor Ejection in the Case:"

It is ORDERED, That the Order appointed for sequestering the Profits thereof is hereby discharged and vacated.

Vyney's D.

The Order is made in the Case of Vyney, as in Baylie's.

Carr and Carr.

Upon Report of the Cause between Sir Rob't Carr and his Son, (fn. 4) is dismissed this House, and referred to the Law.

Irish Nobility Pet. against paying Assessments.

A Petition of some of the Nobility of Ireland, that they may not be forced to pay the Assessment in the Poll Bill, seeing they pay in Ireland."

Nothing Resolved.

L. Pawlet's Cause.

Upon Report made from the Committee of Petitions, by the Earl of Pembrooke, in the Cause of the Lord Pawlett:

It is ORDERED, by the Lords in Parliament assembled, That on Monday come Sevennight, the Thirtieth of this Instant Month, the said Cause shall be heard, at this Bar, by Counsel on both Sides; and all Parties concerned are to have timely Notice, to prepare for the said Hearing; as also all Deeds, Writings, Evidences, Conveyances, and Assurances, concerning this Business, be brought into the House, by each Party, at the said Hearing. And a Proviso to be brought in by the said Lord Pawlett to the Act of Indemnity, and likewise to the Act for Judicial Proceedings, both which are to be taken into Consideration by their Lordships, for excepting all Assurances made by the late or now Lord Pawlett, and their Sons and Wives, or any of them, to Edmund Prideaux and others, of any Messuages or Lands, in Buckland, Whitchurch, and Chaddioke, in the County of Dorsett, in Trust for the Town of Lyme.

Order to continue Viney in Possession of the Living of Barnack.

Upon the Report from the Lords Committees for Petitions, on the Case and Petition of Robert Viney Clerk:

It is ORDERED, by the Lords in Parliament assembled, That the Sequestration of the Profits of the Rectory of Barnack, in the County of Northampton, into the Hands of the Churchwardens or Overseers of the Poor of the said Parish, by virtue of an Order of this House, dated the 23 Day of June last past, be, and is hereby, discharged; and the Possession and Profits of the said Rectory restored and continued to Robert Viney aforesaid, until he shall be evicted by due Course of Law.

Order to restore Sir J. Bunce to the Possession of his Estate.

Upon the Report from the Lords Committees for Petitions, "That the Estate of Sir James Bunce Knight and Baronet was disposed of, aliened, and sold, without any Summons, Trial, Hearing, or Conviction, of the said Sir James Bunce; which is contrary to the fundamental Laws of the Land:"

It is ORDERED, by the Lords in Parliament assembled, That the said Dispositions, Alienations, and Sales, be, and are hereby declared to be, null and void; and that the said Sir James Bunce be, and is hereby, restored to the Possession of his Estate both Real and Personal in whose Hands soever, together with all Arrears of Rents and Profits which have been unjustly kept from him, and to all his Goods and Monies remaining in the Hands of any Sequestrators or Treasurers of Committees; and to all Timber and Wood cut down and remaining upon any Part of his Estate: And hereof all Persons whatsoever are to take Notice, and yield Obedience hereunto accordingly.

Proviso for Sir F. Doddington, in the Act of Indemnity.

Upon the Report from the Lords Committees for Petitions:

It is ORDERED, &c. That Sir Francis Doddington may bring into this House a Proviso, to be inserted into the Act of Indemnity, by which he may be at Liberty to sue for Reparation for his great Losses sustained in His Majesty's Service, notwithstanding the said Act.

Carr and Carr.

Upon Report from the Lords Committees for Petitions, "That, at this Time, there are several Suits depending, between Sir Robert Carr and Dame Mary his Wife on the one Part, and Rob't Carr Esquire on the other Part, concerning the Lands and Matters in the Petition of the said Sir Rob't Carr and Dame Mary his Wife mentioned:"

It is ORDERED, That the said Sir Rob't Carr and Dame Mary his Wife, and Rob't Carr aforesaid, be, and are hereby, dismissed from this House, to the Determination of Law, for settling all Matters of Differences between them.

Order to continue Bayly in Possession of the Living of Frinkford.

Upon the Report from the Lords Committees, of the Case and Petition of John Bayly Clerk, Rector of Frinkford, in the County of Oxford:

It is ORDERED, by the Lords in Parliament assembled, That the Sequestration of the Profits of the Rectory of Frinkford, into the Hands of the Churchwardens and Overseers of the Poor of the said Parish, by virtue of an Order of this House of the 23th June last, be, and is hereby, discharged; and the Possession and Profits of the said Rectory restored and continued to the said John Bayly, until he shall be evicted by due Course of Law.

Adjourn.

House adjourned till 10^a cras.