House of Lords Journal Volume 11: 9 August 1660

Die Jovis, 9 die Augusti.

Prayers, by Mr. Hodges.

Domini præsentes fuerunt:

L. Culpepper's Bill to be brought in.

Ordered, That the Lord Culpeper hath Liberty to bring in a Bill for restoring him to his Estate, as other Lords have.

Churches in Exeter.

Ordered, That there be no further Proceedings in pulling down and demolishing any Churches in the City of Exeter; and that such Churches as now are standing shall be employed to Divine Uses.

Exeter Cause.

Ordered, That the Cause concerning the City of Exon shall be heard, at this Bar, this Day Fortnight; at which Time all Parties shall attend.

L. Mountagu, Leave to be absent.

Ordered, That the Lord Mountagu hath Leave to be absent from his Attendance on this House, for Recovery of his Health; and hath Liberty to leave his Proxy.

Bill of Indemnity.

The House was adjourned into a Committee during Pleasure, to proceed in the Consideration of the Bill of Indemnity.

The House was resumed.

The Lord Robertes reported, "That the Committee were of Opinion, That all those that sat in any High Court of Justice shall be made uncapable of bearing any Office, Ecclesiastical, Civil, or Military, within the Kingdom of England and Dominion of Wales: And that all such Persons that have sat in any High Court of Justice shall be liable to such further Penalties as by any future Act of Parliament shall be inflicted upon them, not extending to Life."

Which Opinion this House confirmed, and ordered the same accordingly.

Message from H. C. for a Conference.

A Message was brought from the House of Commons, by the Lord Angier, &c.; who desired a Conference, so soon as it may stand with their Lordships Conveniency, concerning Business of great Importance.

The Answer returned was:

Answer.

That this House will give a present Conference, in the Painted Chamber, as is desired.

The Lord Chancellor is appointed to report this Conference.

Halk's Petition about the Rectory of Upminster.

Upon reading the Petition of John Halk, Rector of Upminster, in the County of Essex:

It is Ordered, That Tithes and Profits of that Place shall be secured in the Hands of Agmondisham Pickuyes and Rob't Sibthorpe, and not in the present Churchwardens.

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

Report of the Conference concerning the Desire of H. C. for the Bill of Indemnity, and other Public Bills, to be expedited; and about borrowing 100,000 £. of the City.

The Lord Chancellor reported the Effect of the Conference; which was, "That the House of Commons desired earnestly the keeping of a good Correspondency; and to impart unto their Lordships what is come to their Knowledge; videlicet, That the House of Commons having sent up several Bills, to charge the People of this Kingdom with Payments, contrary to former Precedents of Parliament, before Acts of Grace, yet there hath been no Act of Grace and Pardon, to satisfy their Representatives. As we have a King exceeding His Predecessors in Goodness and Grace towards His People; so, the House of Commons say, they have exceeded in their Duty and Proceedings beyond former Parliaments. The House of Commons have brought up divers Bills of great and public Concernment to the King and the whole Kingdom; as, the Bill of Indemnity, Bill of Judicial Proceedings, Bill of Confirmation of Magna Charta; and the Subjects cannot go on in Cheerfulness in paying their Taxes until the Passing of these Bills; especially the Bill of Indemnity, which the Houses (fn. 1) have been so pressed, by His Majesty's Letter from Breda, and His Majesty's Speech and Message, to give speedy Expedition in. The House of Commons further say, That they have such great urgent Occasion of present Monies, that they must be forced to desire the Loan of One Hundred Thousand Pounds of the City of London, wherein they desire their Lordships Concurrence; but they have little Hopes to obtain it, in regard of their Fears, by the not passing the Bill of Indemnity. That they have this Day received a Message from the King, concerning providing of Money speedily for the Army and the Navy, who are in great Wants for Want of Money, there being Twentyfour Ships lately come into Harbour for Want of Provisions, which cannot be supplied without Monies. And, for Want of passing the Bill of Judicial Proceedings, the Judges cannot go their Circuits, whereby the Subjects suffer, in their Properties, Estates, and Lives. Therefore the House of Commons desires their Lordships would please to give all possible Expedition in the passing the aforesaid Bills."

Then the House was again adjourned into a Committee during Pleasure, to proceed further in the Bill of Indemnity.

The House was resumed.

Bill of Indemnity.

And the Lord Robertes reported, "That the Opinion of the Committee is, That for the speedy Dispatch of this Bill, that no further Addition or Exception shall be added to this Bill of Indemnity, unless the Business of Ireland."

Which Opinion was confirmed by the House; and ordered the same accordingly.

Bill for Judicial Proceedings.

Ordered, That the Committee for Judicial Proceedings shall meet this Afternoon, at Four of the Clock.

E. of Denbigh, Leave to be absent.

Ordered, That the Earl of Denbigh hath Leave to go into the Country, for his Health.

Order to stay the demolishing Churches in Exeter, and to deliver them to the Ministers.

The House was this Day informed, "That there was great Ruin, Waste, and Destruction, of several Churches in the City of Exeter."

It is Ordered, by the Lords in Parliament, That there shall be no further Waste, Demolishing, or Destruction, of any Church in Exeter, until the Pleasure of this House be further signified; and that the Cause depending now before their Lordships concerning the City of Exeter in that Behalf shall be heard, at this Bar, on this Day Fortnight, which will be on the 23th of this Instant August: And hereof all Parties concerned are to have timely Notice, who are then to attend the said Hearing accordingly; and that such Churches as are now standing shall be employed to Divine Uses; and, to that End, the Mayor and Chamberlain of the said City of Exeter, and all others pretending any Title from them to the said Churches, are hereby required forthwith to deliver the Possession of the said Churches, with what belongs to them, unto the Churchwardens and other Persons concerned therein.

Halk's Order concerning the Rectory of Upminster.

Upon the Petition of John Halke, Rector of Upminster, in the County of Essex:

It is Ordered, by the Lords in Parliament, That Robert Sibthorpe, Agmondisham Pickuyes, and James Hand, or any Two of them, are hereby authorized and required to sequester into their Hands the Tithes and Profit: of the said Rectory of Upminster, to the Use of the true Owner; and to keep them in Safety, until the Right be determined by Law, whether the Petitioner or the Incumbent hath most Title thereunto; and that the Churchwardens and Overseers are hereby discharged of meddling with the Tithes, Profits, or Benefits, belonging to the said Rectory of Upminster; any former Order of this House in any wife notwithstanding.

Adjourn.

House adjourned till 9 cras.