House of Lords Journal Volume 11: 27 December 1660

DIE Jovis, 27 die Decembris.

PRAYERS, by Dr. Hodges.

Domini præsentes fuerunt:

Parker, concerning the Rectory of Wrotham.

Upon reading the Petition of Wm. Parker Clerk; complaining, "That he is kept from his Tithes, at Wrotham, in Kent, by colour of the Order of this House of the 23th of June last:"

It is ORDERED and Declared, by this House, That their Lordships see no Cause why the Petitioner's Tithes should not be paid unto him, without any Prejudice by the said Order; and that such Tithes and Profits as have been unjustly taken from him be restored.

Bill for draining Fens in Lincoln:

The Question being put, "Whether to send a Message to the House of Commons, to put them in Mind of the Bill concerning Lyndsey Levell?"

It was Resolved in the Affirmative.

Message to H. C. to expedite it.

A Message was sent to the House of Commons, by Mr. Hobart and Mr. Glascocke:

To desire that they would give Expedition in the Bill concerning Lyndsey Levell; also to put them in Mind of the Bill concerning naturalizing of the Lord Astley's Son; and to let them know, that their Lordships have passed the Bill concerning Mr. Newton and Mr. Oakely.

Message from thence, for a Conference about the Bill for College Leases,--and to expedite others.

A Message was brought from the House of Commons, by Mr. Hyde and others:

To desire a Free Conference, concerning the Bill for College Leases.

2. To desire their Lordships Expedition in the Bill concerning Wool Fells, the Bill for Swearing, the Bill for Augmentation of Vicarages, and the Bill concerning Tobacco.

The Answer returned was.

Answer.

That this House will give a present Free Conference, in the Painted Chamber, upon the Subject Matter as is desired; further, that this House hath passed the Bill concerning Tobacco: To the rest, their Lordships will take the same into Consideration.

E. of Oxon's Petition.

A Petition was read, of the Earl of Oxon, concerning the Title of the Office of Great Chamberlain.

(Here enter it.)

It is ORDERED, That the Earl of Lyndsey have a Copy of this Petition; and this House will resume the Debate of this Business To-morrow Morning.

Message from H. C. with the E. of Cleveland's Bill.

A Message was brought from the House of Commons, by the Lord Bruce; who returned a Bill sent down from their Lordships, concerning the Earl of Cleveland; wherein the House of Commons have made Alterations and a Proviso, in which they desire their Lordships Concurrence.

The said Alterations and Amendments, and Proviso, were read Twice, and Agreed to.

Answer from thence.

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

That they have delivered their Message concerning the Bill touching Hatfeild Levell, &c.

The Lord Chancellor and the Lord Robertes were appointed to report the Free Conference.

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

Report of the Conference about the Bill for College Leases.

The Lord Chancellor reported the Effect of the Free Conference:

"That the House of Commons do concur in the Proviso concerning Mr. Chichley; that they do not agree in the Proviso concerning Sir Tho. Cotton; and they desire that the Time limited for the Visitation of the Universities may be reduced, from the 25 of March, to the First of January next."

ORDERED, That this House departs from the Proviso concerning Sir Tho. Cotton; and agrees with the House of Commons for the 1st of Jan. to be the Time limited for the Time of the Visitation of the Universities.

Then the House was again adjourned during Pleasure; and the Lord Chancellor went to signify to the House of Commons their Lordships Concurrence with them.

The House was again resumed.

L. Windsor's Petition.

A Petition of the Lord Windsor's was read, laying Claim to the Office of Lord High Chamberlain.

(Here enter it.)

E. of Derby's Petition.

A Petition of the Earl of Derby was read, claiming Title of the Office of Lord High Chamberlain.

(Here enter it.)

ORDERED, That the Earl of Lyndsey shall have Copies of these Two Petitions.

Message from H. C. to sit P. M.

A Message was brought from the House of Commons, by

To desire their Lordships would please to sit this Afternoon, to dispatch the great Affairs of the Kingdom.

Answer.

The Answer returned was:

That this House will sit this Afternoon, as is desired.

E. of Oxford's Petition, concerning the Office of L. Great Chamberlain.

"To the King's Most Excellent Majesty.

"The humble Petition of Awbrey De Vere, Earl of Oxford;

"Sheweth,

"That your Petitioner is lawfully entitled to the Office and Place of Great Chamberlain of England, with all the Rights and Privileges thereunto belonging.

"That, in or about the First Year of the Reign of Your Royal Father, a Petition was exhibited to His Majesty, against Your Petitioner's Father, by the Father of the Earl of Lyndsey that now is; in which Petition, the Earl of Lyndsey's Father claimed both the Earldom of Oxford and Office of Great Chamberlain of England: And the Matter of that Petition was referred, by Your Majesty's Royal Father, to the Peers then sitting in Parliament, to the End that they, by the Advice of the Judges Assistant, might certify their Opinions to His Majesty.

"That, upon this Reference, the Right of your Petitioner's Father to the Earldom was certified to be clear, and that without One dissenting Voice.

"But as to his Right to the Office of Great Chamberlain, there was an equal Difference of Opinion for some Time; the Lord Chief Baron Walter and the Lord Chief Justice Crewe being fully satisfied that the Right was in Your Petitioner's Father, though Justice Dodridge and Justice Yelverton were of another Mind; until at last, by the casting Voice of Baron Trevor, who came in at the End of the Debate, as Your Petitioner hath been informed, the Opinions were Three against Two. And thereupon their Lordships were induced to advise His late Majesty to confer the said Office on the Earl of Lyndsey.

"Ever since which Time, the said Office of Great Chamberlain hath been held by the said Earl of Lyndsey, and his Son Mountague Earl of Lyndsey, who claimeth it as his Inheritance.

"Now, forasmuch as the Right of Your Petitioner stands prejudiced by that single Opinion only, and that the Weight of this Case may well deserve a more full and clear Determination; Your Petitioner humbly prayeth, That Your Majesty would be graciously pleased to appoint the Case concerning the said Office of Great Chamberlain of Engl. to be heard by the Peers now sitting in Parliament; and that they, with the Assistance of the Judges, may re-examine your Petitioner's Title to the said Office, that so, Your Majesty being fully informed, Right may be done to Your Petitioner in the Premises; and that the said Mountague now Earl of Lyndsey may shew what Right and Title he hath unto the said Office and Chamberlainship, and make Answer to the Premises.

"And your Petitioner shall ever pray for Your Majesty's long and happy Reign."

The King's Reference of it to this House.

"At the Court at Whitehall, 26 December, 1660.

"His Majesty is graciously pleased to refer this Petition to the Peers sitting in Parliament, to hear the Petitioner and the Earl of Lyndsey, concerning the Office of Lord Great Chamberlain; and to do therein according to Justice and Honour.

"Edw. Nicholas."

L. Windsor's Petition, and Reference, concerning the Office of Lord Great Chamberlain.

"To the King's Most Excellent Majesty.

"The humble Petition of Thomas Lord Windsor;

"Sheweth,

"That John the Sixth Earl of Oxford of that Name, Lord Bulbeck, Sandford, and Badelsmer, deceased, was seised of the Office of Great Chamberlain of England, with the Rights and Privileges thereunto belonging, of Fee and Right; and the said late Earl, being so seised thereof, died seised, about the 4th of Queen Elizabeth, leaving Issue Katherine his only Daughter and Heir (by Dorothy Daughter of the Earl of Westm'land, his only lawful Wife), who was married to Edward Lord Windsor, Great Grandfather of the Petitioner, to whom the Petitioner is the undoubted Heir, whereby the said Office doth belong of Right to your Petitioner.

"Yet now, so it may please Your Sacred Majesty, that Mountague Earl of Lyndsey hath possessed himself of the said Office, to the apparent Wrong of your Petitioner.

"The Petitioner therefore humbly prays, That Your Majesty will be graciously pleased to refer the Hearing and Determination of the Petitioner's said Titles to the Right Honourable the Peers assembled in Parliament, with the Assistance and Advice of the Reverend Judges; and that the said Mountague Earl of Lyndsey may be summoned, by their Lordships, to answer the Premises; and that the said Office may be declared (as of Right it doth) to be- long to Your Petitioner and his Heirs; and that the said Mountague Earl of Lyndsey may be suspended (fn. 2) from the Execution thereof, and your Petitioner admitted thereunto.

"And your Petitioner, as in Duty bound, shall daily pray.

"Tho. Windsor."

"At the Court at Whitehall, the 26th Day of December, 1660.

"His Majesty is graciously pleased to refer this Petition to the Peers sitting in Parliament; to hear the Petitioner and the Earl of Lyndsey concerning the Office of Lord Great Chamberlain and to do therein according to Justice and Honour.

"Edw. Nicholas."

E. of Derby's Petition, and Reference, concerning the Office of L. Great Chamberlain.

"To the King's Most Excellent Majesty.

"The humble Petition of Charles Earl of Derby;

"Humbly sheweth,

"That Edward Vere, late Earl of Oxford, and Lord High Chamberlain of England, had Issue only One Son Henry, and Three Daughters, videlicet, Elizabeth, Bridgett, and Susan, and died Anno Dom. 1604; after whose Death, his Son was Earl of Oxford, and Lord High Chamberlain, and died some Years ago without Issue; by and since whose Death, the said Office of Lord High Chamberlain ought to descend and come unto your Petitioner, he being Grandson and Heir of Elizabeth the Eldest Sister of the said Henry.

"And therefore the Petitioner humbly prayeth, That Your Majesty would vouchsafe to direct, that he may enjoy the said Office accordingly.

"And Your Petitioner will ever pray.

"Derby."

"At the Court at Whitehall, the 26th of Dec. 1660.

"His Majesty is graciously pleased to refer this Petition to the Peers sitting in Parliament, to hear the Petitioner and the Earl of Lyndsey, concerning the Office of Lord Great Chamberlain; and to do therein according to Justice and Honour.

"Edw. Nicholas."

Parker's Order concerning the Rectory of Wrotham.

Upon the Petition of Will. Parker Clerk; shewing, "That he was lawfully seised, Anno 1645, Rector, in the Parish of Rotham, in Kent; but, by the Overseers there, his Tithes have been kept from him, by Pretence of an Order of this House, dated the 23th of June last, notwithstanding the Vacating of the said Order, annexed to the Act for the Ministers:"

It is ORDERED, by the Lords in Parliament assembled, (their Lordships seeing no Cause why the Petitioner should be prejudiced by the said Order), That the said Tithes shall be restored unto him again, the said Order in any wise notwithstanding.

adjourn.

House adjourned till 4^a post meridiem.

Post meridiem

PRAYERS, by Dr. Hodges.

Domini præsentes fuerunt:

Message from H. C. with Bills.

A Message was brought from the House of Commons, by John Brampston Esquire; who brought up a Bill concerning Fishing, wherein their Lordships Concurrence is desired.

A Message was brought from the House of Commons, by Mr. Bodurra, &c.; who brought up a Bill concerning Wine Licenses, &c.

Bill for prising, &c. Wines.

Hodie 1^a vice lecta est Billa, "An Act for the better ordering and selling of Wines by Retail; and for preventing Abuses in the mingling, corrupting, and vitiating of Wines; and for settling and limiting the Prices of the same."

Message from H. C. with an Order.

A Message was brought from the House of Commons, by Mr. Vowell, &c.; who brought up an Order for Ten Thousand Pounds to be presented to the Duke of Yorke, wherein their Lordships Concurrence is desired.

(Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees in the Order now brought up.

Bill for prizing, &c. Wines.

Hodie 2^a vice lecta est Billa, "An Act for the better ordering and selling of Wines by Retail, &c."

ORDERED, That the Consideration of this Bill be referred to these Lords following; videlicet,

Their Lordships, or any Five; to meet To-morrow Morning, in the Prince's Lodgings, at Nine a Clock.

Covent Garden Bill.

The Earl of Bridgwater reported from the Committee, the Bill for making the Church in Covent Garden Parochial, with Amendments and Additions; which were read Twice; and afterwards the Bill was read with those Amendments and Additions.

The Question being put, "Whether this Bill shall pass for a Law, with the Alterations and Additions now read?"

It was Resolved in the Affirmative.

Order for 10,000£. to the D. of York.

"ORDERED, by the Lords and Commons in Parliament assembled, That the Sum of Ten Thousand Pounds be, and is hereby, presented unto his Highness James Duke of Yorke, as a Testimony of the Houses great Respect to his Highness; and that the said Sum of Ten Thousand Pounds be, and is hereby, charged on the Arrears of the Excise, in Course, and paid for his said Highness to such Person as he shall appoint to receive the same, after the other Sums charged by former Orders of this Parliament on the Receipt of Excise shall be satisfied: And the Commissioners of the said Receipt are hereby authorized and required to make Payment thereof to his said Highness's Assigns accordingly; whose Acquittance, together with this Order, shall be to the said Commissioners of Excise a sufficient Warrant and Discharge in this Behalf."

Message to H. C. with a Bill.

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

To deliver to them the Bill concerning Covent Garden, which their Lordships have passed with Alterations, and desire their Concurrence therein.

Preston Vicarage and Rectory Bill.

Hodie 2^a vice lecta est Billa, "An Act for the disappropriating of Preston, and uniting and consolidating of the said Rectory, and of the Vicarage of the Church of Preston, &c."

ORDERED, That the Consideration of this Bill is referred to these Lords following; videlicet,

Their Lordships, or any Three; to meet To-morrow Morning, at Nine of the Clock, in the Prince's Lodgings.

Adjourn.

House adjourned till 10^a cras, Aurora.