House of Lords Journal Volume 11: 6 December 1660

DIE Jovis, 6 Decembris.

PRAYERS, by Dr. Hodges.

Domini præsentes fuerunt:

Rodney versus Cole.

ORDERED, That the Cause between Sarah Rodney Plaintiff, and John Cole Defendant, upon a Petition of the said Sarah depending before their Lordships, shall be heard, at this Bar, by Counsel, on Thursday the 13th of this Instant December, at Ten of the Clock in the Morning: And if the said Cole shall not at the Time and Place aforesaid appear, to make his Defence in the said Cause, this Order being served upon him, or left at the usual Place of his Abode or Dwelling, and Affidavit made thereof at this Bar, that then this House will proceed against him as if he did appear.

E. of Huntingdon's Bill.

Hodie 2^a vice lecta est Billa, "An Act for confirming the Sale of certain Lands, made by Ferdinando late Earl of Huntingdon."

ORDERED, That the Consideration of this Bill is committed to these Lords following; (videlicet,)

Their Lordships, or any Five; to meet To-morrow Morning, at Nine a Clock, in the Prince's Lodgings; and to adjourn from Time to Time, as they see Cause.

Bill to vacate Sir E Powel's Fines.

The Earl of Bristoll reported, "That the Committee for the Bill concerning the Fines of Sir Edward Powell do find, that in the said Bill there is Mention made of Five Fines; but in the Vote of this House there is Mention made but of One Fine, that was obtained by Force: Therefore the Committee desires to know the Direction of this House herein, whether it is not their Lordships Intention that all the Fines were made and obtained by Force, though the Word "Fine" be in the Singular Number."

But the House thought not sit to give any Directions herein, because there is no Report of the Bill; therefore not now seasonable to move any such Thing: But left it to the Committee to go on in the Bill.

Droitwich Bill.

Hodie 1^a vice lecta est Billa, "An Act for uniting the Parish of St. Andrewe's and St. Mary Witton, in Droitwitch, in the County of Worcester."

Message from H. C. with an Impeachment against Drake.

A Message was brought from the House of Commons, by the Lord Viscount Falkland, &c.; who brought up an Impeachment, in their Name, and of all the Commons of England, against William Drake, Citizen and Merchant of London.

The said Impeachment was read, as followeth.

(Here enter it)

Drake to be apprehended.

ORDERED, That the said William Drake shall be apprehended, as a Delinquent, by the Serjeant at Arms; and be brought before the Lords in Parliament Tomorrow Morning, to answer his Charge.

Rodney versus Cole.

The Lord Robertes reported from the Committee for Petitions, "That it is their Opinions, that this House would please to appoint a Day for hearing the Complaint of Sarah Rodney against John Cole; and, upon the serving an Order upon him, or left at his House, if the said Cole do not appear, that then their Lordships would proceed against him as if he did appear."

Hereupon this House ordered the same accordingly; and appoints this Day Sevennight to hear the said Cause.

Hatfield Level Bill.

Hodie 1^a vice lecta est Billa, "An Act for settling certain drained Grounds, lying within the Level of Hatfeild Chace and Parts adjacent, within the Counties of Yorke, Lyncolne, and Nottingham."

Bill for draining the Fens in Lincoln.

Hodie 3^a vice lecta est Billa, "An Act for the draining of the Level of Fens, in the County of Lyncolne, extending itself from the River of Gleane and Bourne to Kyme Ea, as well within the Parts of Kestiven as Holland (The Eight Hundred Fen excepted), and from the said Kyme Ea to the City of Lyncolne, and thence Westward to the Banks of Trent, commonly called Lyndsey Levell."

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

It was Resolved in the Affirmative.

Bill for Relief of the Poor, and to punish Vagrants.

Hodie 2^a vice lecta est Billa, "An Act for the better Relief and Employment of the Poor, and the punishing of Vagrants and other disorderly Persons, within the City of London and Westm. and the Liberties thereof, and the late Lines of Communication."

ORDERED, That the Consideration of this Bill is committed to the same (fn. 2) Committee as the Earl of Huntingdon's Bill is.

Royston Vicarage Bill.

Hodie 2^a vice lecta est Billa, "An Act for Maintenance of the Vicar for the Time being of the Vicarage of Royston."

ORDERED, That the Consideration of this Bill is committed to the same Committee as the Earl of Huntingdon's is: To meet To-morrow Morning.

Bill for repairing Highways, &c.

ORDERED, That the Committee for the Bill for mending the Highways shall meet this Afternoon; and the Lord Viscount Mountagu is added to the said Committee.

ORDERED, That the Lord Arrundell of Warder is added to the Committee concerning Sir Edw. Powell's Fines.

Impeachment against Drake, for publishing a Pamphlet, intituled, "The Long Parliament Revived," &c.

"The Knights, Citizens, and Burgesses of the House of Commons, in the Name of themselves and all the Commons of England, do hereby declare, complain, and shew, against William Drake, Citizen and Merchant of London;

"That whereas this present Parliament, through the Blessing of God upon their Endeavours, and the incomparable Grace and Goodness of His Majesty's Royal Condescensions, have proved the happy Instruments of repairing the Breaches of this Kingdom, restoring the ancient Foundations, and passing many good and wholesome Laws for the Safety and Quiet of the People, and are daily preparing such others as may yet seem to be wanting:

"Nevertheless, the said William Drake, in Contempt of His Majesty's Crown and Dignity, and of the Laws and Government of this Kingdom, and out of a wicked and malicious Intention to scandalize and subvert the Authority and Being of this present Parliament, and to raise and stir up Sedition and Division in this Kingdom, and against the Peace of our Sovereign Lord the King, hath lately, that is to say, upon or before the Fifteenth Day of November last, at Westm. in the County of Middlesex, written, printed, and published, in the Name of one Thomas Phillips Gentleman, a certain false, wicked, malicious, and seditious Pamphlet, intituled, The Long Parliament revived; or, An Act for Continuation, and the not dissolving, the Long Parliament (called by King Charles the First in the Year 1640) but by an Act of Parliament; with undeniable Reasons, deduced from the said Act, to prove that that Parliament is not yet dissolved: Alsoe Mr. William Prinn his Five Arguments fully answered, whereby he endeavours to prove it to be dissolved by the King's Death, &c. By Thomas Phillips Gentleman, a sincere Lover of the King and Countrey.

"In which said scandalous and seditious Pamphlet, the said William Drake, amongst many other wicked Expressions, Clauses, and Assertions, therein contained, doth falsely, maliciously, and seditiously, affirm and declare,

Page 6. "First, That all other Parliament have no legal Capacity, till this (meaning the Long Parliament, called in the Year 1640) be legally dissolved.

Page 14. "Secondly, The Act (meaning the Act of Parliament to which the Title of the Pamphlet refers) is herein expressed, that by no other Way or Means but by an Act of Parliament it shall be dissolved; which being it cannot be done by the dead King, but may be done by the Successors, it ought to be so dissolved; or else it must, and doth by virtue of this Act, still remain legally in full Being and Authority.

Page 17. "Thirdly, How much it were to be wished, that the Legislative Authority might revert into that Channel (meaning the Long Parliament aforesaid) by which the Peace and Settlement of the Nation, through His Majesty's Gracious Influence, might durably, and without Question, be provided for and preserved.

Page 21. "Fourthly, If that be a lawful Parliament (speaking of the Long Parliament aforesaid, which he elsewhere affirms to be in Being), then this can be none; nor no other, till this be legally dissolved.

"All which Practices, for stirring up of Sedition, the Commons are ready to prove, not only by the general Scope of the said Book, but likewise by several Clauses therein contained, besides these before mentioned, and such other Proofs as the Cause, according to the Course of Parliament, shall require; and do pray, that the said William Drake may be put to answer all and every of the Premises; and that such Proceeding, Examination, Trial, Judgement, and exemplary Punishment, may be thereupon had and executed, as is agreeable to Law and Justice."

Adjourn.

House adjourned till 10^a cras, Aurora.