House of Lords Journal Volume 11: 30 November 1660

DIE Veneris, 30 die Novembris.

PRAYERS, by Dr. Hodges.

Domini præsentes fuerunt:

Sir G. Hamilton's Bill.

Hodie 2^a vice lecta est Billa, "An Act concerning Sir George Hamilton's Restoring to his Lands in Ireland."

ORDERED, That the Consideration of this Bill is committed to the same Committee as the Bill for Tanning of Leather; to meet To-morrow Morning, at Nine a Clock, in the Prince's (fn. 1) Lodgings; and to adjourn from Time to Time, as they shall think fit.

Radcliff's Bill.

The Earl of Portland reported the Bill for restoring Tho. Radcliffe Esquire to his Estate, as fit to pass, with a few Amendments; which, being read Twice, were approved of, and ordered to be ingrossed with the Bill.

Bill for Tanning Leather.

The Earl of Portland reported from the Committee the Bill concerning the Tanning of Leather, as fit to pass, with some small Additions; which, (fn. 2) being read Twice, were approved of; and ORDERED, That the Bill be accordingly ingrossed.

Newton's and Oakley's Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable John Newton and Will. Oakeley to sell Lands, for the Payment of Debts."

Bill to vacate Sir E. Powell's Fines.

Hodie 1^a vice lecta est Billa, "An Act for the making void certain Fines, unduly procured to be levied, by Sir Edward Powell Knight and Baronet, and Dame Mary his Wife."

E. of Lauderdale versus Ireton.

Upon hearing the Counsel of both Sides, at this Bar, concerning the Complaint of the Earl of Lauderdail, against John Ireton Alderman, touching a House and Lands in Highgate; and upon Debate of the whole Business:

It is ORDERED, That the Earl of Lauderdale be put into Possession of those Lands and Houses out of which he was unlawfully put out; this House declaring this to be without any Prejudice to any legal Title Ireton hath to the same, which (fn. 2) is left to a Trial at Law.

Message from H. C. with a Bill; and to remind the Lords of others.

A Message was brought from the House of Commons, by Mr. Bunkley, &c.; who brought up a Bill of Augmentations to Vicarages.

2. To put their Lordships in Mind of several Bills depending in this House undispatched, brought from the House of Commons: As,

The Bill for Confirmation of Marriages.

The Bill for College Leases.

The Bill for Maintenance of the Minister of Roston.

Bill for College Leases.

ORDERED, That the Committee for the College Leases do meet on Monday next, in the Afternoon.

E. of Lauderdale versus Ireton.

Upon hearing of the Counsel of John Earl of Lauderdaile and Dame Anne his Wife Plaintiffs, and the Counsel of John Ireton Citizen of London Defendant, this Day at the Bar, upon a Petition depending before the Lords in Parliament; shewing, "That William Geery, late a Copyhold Tenant of a Capital Messuage, with the Appurtenances, and other Copyhold Lands, in Highgate, in the County of Midd. held by the Manor of Cantlosse, did, in the Year 1641, surrender and mortgage the same unto Mary late Countess of Hume and her Heirs, for One Thousand Seven Hundred Pounds: That the said Countess was, upon Surrender, admitted Tenant, 1641, and died in Possession thereof, leaving Margarett Countess of Murrey, and Anne Countess of Lauderdale (One of the Petitioners) in Possession of the said Messuage and Premises, as Coheirs: And that, in 1644, at the next Court held for the said Manor, the Death of the said Countess of Humes was presented; and the said Two Daughters, being presented and found next Heirs, were admitted Tenants, and were in the actual Possession of the said House and Premises, (fn. 2) from 1644, until 1649; about which Time the Petitioner the said Earl of Lauderdail, being in the actual Service of His late Majesty, was taken, and made a close Prisoner in The Tower of London, and there kept for divers Years; whereupon the said Ireton, taking Advantage, having a Lease of the Premises from the Petitioners, dated the 17th of May 1649, and after Expiration of the said Term, by virtue of some Sequestration or other illegal Power, got into the Possession of the said House and Premises, and doth still (by virtue of the said Sequestration) keep the said Petitioners out of Possession of the Premises, contrary to Law and Equity: And when the said Petitioner Ann preferred her Plaint, at a Court of the said Manor, about 1653, for Trial of her Right, the said Ireton, then and there sitting in Court as Lord of the said Manor, took the Plaint, and tore it in open Court, and would not admit any Proceedings therein; saying, "That her Husband was a Traitor, and should have no Lands there;" and hath likewise got into his Hands all the Court Rolls, whereby the Petitioners should evidence their Title at Law unto the Premises:"

And after a due and serious Consideration of the whole Matter, and the Lords being well satisfied of the Truth of the aforesaid Allegations: It is ORDERED and Adjudged, by the Lords in Parliament assembled, That the said Petitioners (the Earl of Lauderdale and Anne his Wife) shall be put into the same quiet Possession of the said Capital Messuage and Premises in Highgate aforesaid, by the Sheriff of Middlesex or his Deputy, as they were in at the Time when they were turned out of the same, without declaring or determining any Thing to the Prejudice of the Right or Title of the said Master Ireton; but do leave him to take his ordinary Course at Law or Equity, for his Relief therein.

Adjourn.

House adjourned till 10^a cras Aurora.