House of Lords Journal Volume 11: 5 December 1660

DIE Mercurii, 5 die Decembris.

PRAYERS, by Dr. Hodges.

Domini præsentes fuerunt:

Vanteythusen & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, "An Act for naturalizing of George Vanteythusen and others."

It is ORDERED, That the Consideration of this Bill is committed to the [ (fn. 1) Committee for the] former Bill for Naturalization, and to meet To-morrow Morning, at Nine of the Clock. And the Earl of Bristoll, Viscount Stafford, Viscount Mordant, and the Lord Hatton, are added to the said Committee.

Bill to vacate Sir E. Powel's Fines.

ORDERED, That Justice Hyde and Justice Browne have Notice to attend, this Afternoon, at Three of the Clock, the Committee concerning the Fines of Sir Edward Powell, to assist them.

Sir G. Hamilton's Bill.

Hodie 3^a vice lecta est Billa, "An Act for restoring Sir George Hamilton to his Estate in Ireland."

And the Question being put, "Whether this Bill should pass for a Law?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Dr. Lewin and Mr. Woolrich:

To deliver to them the Bill concerning Sir George Hamilton, and (fn. 2) desire their Concurrence therein.

Cary versus Cromwell.

Next, this House heard the Cause further, between John Cary Esquire and Ann Crumwell, by Counsel on both Sides, at this Bar.

And, after a long and serious Debate upon the whole Matter;

The Question being put, "Whether this last Decree in Chancery, upon the Bill of Review complained of now before this House, shall be set aside?"

It was Resolved in the Affirmative.

Upon hearing of the Counsel of John Carey Esquire and Sir Richard Tracy Baronet, Son and Heir of Sir Humphrey Tracy Baronet, and Dame Elizabeth his Wife, both deceased, Plaintiffs, and the Counsel of Anne Cromwell Defendant, this Day at the Bar, upon the Petition of the said John Carey and Sir Richard Tracy; shewing, "That in a Cause depending in the Chancery, in Michaelmas Term, in the One and Twentieth Year of King James, between the Petitioner John Carey by his Guardian Plaintiff, and Henry Cromwell Esquire, Anne Cromwell, and others, Defendants, for the Settlement of the Manor or Farm called Poyle Farme, and the Messuage called The Katherine Wheele, with the Lands thereunto belonging, in the Parish of Stanwell, in the County of Midd. according to an Agreement made, and a Trust reposed, by Thomas Lord Knyvett, in his Lady, upon the weighty Reasons of Justice and Equity, in the Decree of the Twenty-one Year of King James expressed, made upon a full Hearing, wherein it was decreed, That the said Manor and Premises should be settled on the said Petitioner the said John Carey and the said Dame Elizabeth, and the Heirs of their Two Bodies, as in the said Decree appears; against which the said Henry Cromwell exhibited his Bill of Review, to reverse the said Decree; which Bill was dismissed by the Lord Keeper Coventry; and the said Petitioner John Carey and Dame Elizabeth did hold and enjoy the said Lands and Premises for above Six and Twenty Years, till 1649; at which Time the said Anne Cromwell did procure the said original Decree to be adnulled and reversed, upon feigned, irregular, and erroneous Exceptions and Allegations, contrary to Justice and Right;" and after a due and serious Consideration of the whole Matter, and the Lords being well satisfied in the Justice and Right of the said First Decree, made in the One and Twenty Year of King James:

It is ORDERED and Adjudged, by the Lords in Parliament assembled, That the Reversal of the said original Decree, and all Proceedings thereupon, are (by virtue hereof) revoked, set aside, and made void, and to be taken off the File, and Records of the Court of Chancery relating unto the same; and that the Petitioner John Cary shall have free Liberty to enforce the Execution of the said original Decree, made in the said One and Twenty Year of King James; any Thing in the former Proceedings in this Cause to the contrary notwithstanding: And herein Obedience is to be given to this High Court, as the contrary will be answered before their Lordships.

Adjourn.

House adjourned till 10 cras, Aurora.