House of Lords Journal Volume 11: 13 August 1660

Die Lunæ, 13 die Augusti.

Prayers, by Mr. Hodges.

Domini præsentes fuerunt:

L. Mohun's Cause.

Ordered, That the Lord Mohun's Cause shall be heard, at this Bar, on Thursday Morning next.

L. Lauderdale's, D.

Ordered, That the Lord Lauderdail's Cause shall be heard, at this Bar, by Counsel on both Sides, on Thursday Morning next.

Message to H. C. for a Conference about Public Bills; and about borrowing 100,000£. of the City:

A Message was sent to the House of Commons, by Doctor Childe and Doctor Bennett:

To desire a Free Conference, concerning the Subjectmatter of the late Conference, presently, in the Painted Chamber.

The Lord Chancellor is appointed to manage this Conference, with the Assistance of Marquis Hertford, Lord Chamberlain, and the Lord Robertes.

Heads for it.

Committee to go into the City, about borrowing the Money.

The Matter of the Conference to be, "To let them know, that having received a late Conference from them, concerning the Dispatch of Bills of Public Concernment which lie with their Lordships undispatched, that their Lordships have sent down the Bill for Indemnity, and are in Consideration of the rest, to which their Lordships will give a speedy Dispatch: And whereas one Part of the said Conference was concerning their Lordships to join with them to go into London, to propound unto that City the Loan of One Hundred Thousand Pounds for the urgent Occasions of the Kingdom, their Lordships have appointed Eight Lords, to join with a proportionable Number of the House of Commons, to go into the City of London, To-morrow in the Afternoon, to that Purpose; and to deliver to them the Names of the said Lords, videlicet, Marquis Dorchester, Lord Chamberlain, Earl of Northumberland, Earl of Rutland, Earl Thanett, Viscount Campden, Lord Grey of Werke, and Lord Coventry."

E. of Cleveland's Bill.

Hodie 1^a vice lecta est Billa, "An Act for the settling of all the Manors and Lands of the Earl of Cleveland in Trustees, to be sold, for the satisfying of the Debts of the said Earl, and of Thomas Lord Wentworth his Son, and the settling of the rest of the Estate upon the said Earl, and the Heirs Males of his Body."

L. Byron's Order.

Upon reading the Petition of Richard Lord Byron:

It is Ordered, That he be put into present Possession of the Tithes and Glebes mentioned in the said Petition; and shall have all the Arrears now in the Tenants or Parishioners Hands to be paid unto him; and for so doing, the Persons are to be indemnified.

Marquis of Newcastle's Bill.

Hodie 2^a vice lecta est Billa, "An Act for restoring unto William Marquis of Newcastle all his Honours, Manors, Lands, and Tenements, in England, whereof he was in Possession on the 23 of October, 1642, or at any Time since."

Ordered, That the aforesaid (fn. 2) Bill be committed to these Lords following; (videlicet,)

Their Lordships, or any Five; to meet in the Prince's Lodgings, this Afternoon, at Five of the Clock; and to adjourn from Time to Time, as they shall think fit.

L. Gerrard's Bill.

Hodie 2^a vice lecta est Billa, "An Act for restoring to Charles Lord Gerrard, Baron of Brandon, all his Manors, Lands, Tenements, and Hereditaments, whereof he was in Possession on the 23th of October, 1641, or at any Time sithence."

Ordered, That the said Bill be committed to the same Committee as is appointed for the Lord Marquis of Newcastle.

L. Poulett's Bill.

Hodie 2^a vice lecta est Billa, "An Act for restoring to John Lord Pawlett, and his Heirs, certain Messuages and Lands in the County of Dorsett."

Ordered, That the said Bill be committed to the Consideration of the same Committee as is appointed for the Marquis of Newcastle's Bill; to meet this Afternoon, at Five of the Clock.

Hill versus Whitley.

Upon reading the Petition of Edward Hill Clerk; shewing, "That the Profits and Tithes of the Rectory of Crofton, in the County of Yorke, are secured in the Hands of the Churchwardens, upon a Misinformation by Mathew Whitley:"

It is Ordered, That the Order made to the said Mathew Whitley, as to him, is hereby revoked and made void.

L. Culpepper's Bill.

Hodie 2^a vice lecta est Billa, "An Act for restoring to Thomas Lord Culpeper, all his Honours, Manors, and Tenements, &c."

Ordered, To be committed to the same Committee as is for the Marquis of Newcastle.

L. Lexington's Bill:

Hodie 1^a vice lecta est Billa, "An Act to enable Robert Lord Lexington, and Sir Tho. Williamson Baronet, to raise and levy the Sum of Two Thousand Six Hundred and Eighty Pounds, and Damages, out of the Manors and Lands of John Hutchinson Esquire."

Hutchinson to be heard about it.

A Petition of John Hutchinson was read; desiring, he may be heard before the aforesaid Bill do pass."

It is Ordered, That he shall be heard accordingly.

Marquis of Worcester's Bill.

Hodie 1^a vice lecta est Billa, "An Act for putting Edward Marquis of Worcester into Possession of such Part of his Estate as hath been sold or conveyed away, by Colour of several Acts and Ordinances of Parliament, since the Beginning of the late unhappy Wars within this Realm, as also by several Deeds and Conveyances made by him the said Marquis for inconsiderable Sums of Money to him paid during his Restraint and Imprisonment, by such Persons as were already possessed thereof, either under Colour of some pretended Acts or Ordinances of Parliament as aforesaid, or by Fraud, Surprizal, or Circumvention, against him the said Edward Marquis and Earl of Worcester."

Bill to confirm Judicial Proceedings.

Next, the House took into Consideration, the Alterations, Amendments, and Provisos, reported by the Committee, concerning the Bill touching Judicial Proceedings.

Ordered, That the Proviso for erecting a new Court to consider of Cases in Proviso be laid aside.

Ordered, That general Proviso concerning Nonclaim is approved of.

Answer from H. C.

The Messengers sent to the House of Commons return with this Answer:

That they will give a Free Conference, as is desired.

Jenkins and Earnley.

Ordered, by the Consent of both Parties, That David Jenkins shall answer to Mr. Earnley's Bill, which heshall (fn. 3) exhibit in Chancery; and the former Decree be suspended, till the Hearing of the Cause; and the said David Jenkins to stand to such Order as the Court shall make in this Cause: And this Decree now suspended shall follow such Decree as shall be hereafter made.

The House of Commons being ready in the Painted Chamber for the Free Conference, the House was adjourned, during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Private Provisos in the Bill for Judicial Proceedings.

The Question being put, "Whether all the private Provisos now brought in by the Committee for the Bill of Judicial Proceedings shall be laid aside?"

It was Resolved in the Affirmative.

Bill for Pollmoney.

Ordered, That the Bill for Poll-money shall be taken into Consideration To-morrow Morning, the First Business; and no other Business to be entertained until this Bill and the Bill for Judicial Proceedings be dispatched.

Whit'ey's Order concerning the Rectory of Crofton vacated.

Upon the Petition of Edward Hill Clerk, Rector of the Church of Crofton, in the County of Yorke; shewing, "That one Mathewe Whitley Clerk, who was never actually possessed of the said Church, or sequestered from the same, hath, by false Pretences, procured an Order of this House for securing of the Tithes there, until his pretended Title shall be determined by Law:"

It is Ordered, by the Lords in Parliament assembled, That the said general Order of this House, dated the 23th of June last, as to the said Whitley, is hereby vacated and made void; and the Churchwardens and Overseers of the Poor of Crofton aforesaid are hereby enjoined not to meddle with any of the said Tithes and Profits of the Rectory aforesaid, any Thing in the said Order notwithstanding.

Order for restoring the Rectory of Ruthsdale and Saddleworth to L. Byron.

Upon the Petition of Richard Lord Biron, read this Day in the House ; shewing, "That the Impropriate Rectory of Rutzdale and Saddleworth, in the Counties of Lancaster and Yorke, doth of Right belong to the Petitioner by Lease; but the late pretended Trustees for Maintenance of Ministers entered upon the said Rectory, and by their Agents received the Profits:"

It is Ordered, by the Lords in Parliament assembled, That the said Lord Byron shall forthwith be put into the Possession of the said Rectory, for his Enjoyment of the same during the Remainder of the said Lease; and that such of the Profits of the last Year as remain in the Parishioners Hands, or their pretended Receiver or his Agent, being yet unpaid, shall, upon Sight hereof, be paid unto the said Lord Byron, or his Assigns; and the said Parishioners and such others as shall pay the same are hereby indemnified for so doing.

Jenkins and Earnley.

Upon Report from the Committee for the Bill of Judicial Proceedings, in a Matter of Difference between David Jenkins Esquire; and John Earnely Esquire, who have been both heard before the said Committee; and the Matter being considered of by the House upon the said Report:

It is Ordered, by the Lords in Parliament assembled, That the said John Earnly shall exhibit a Bill in Chancery concerning the said Matter in Difference between them, to which the said David Jenkins shall put in his Answer; and that a former Decree made in the Cause shall be suspended, till this be fully heard; and the said David Jenkins is (by virtue of this Order) to stand to such End and Determination as the Court of Chancery shall make in this Cause; and lastly, that the Decree hereby suspended shall follow such other Decree as shall by the said Court of Chancery be made hereafter in this Cause.

Adjourn.

House adjourned till 9^a cras.