Journal of the House of Lords: Volume 11, 1660-1666. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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Die Martis, 14 die Augusti.
Prayers, by Mr. Hodges.
Domini præsentes fuerunt:
Lords Leave to be absent.
ORDERED, That the Earl of Sandwich hath Leave to be absent for some Time, he intending to leave his Proxy.
ORDERED, That the Lord Viscount Campden hath Leave to be absent for a few Days, he intending to leave his Proxy.
Bill to confirm Judicial Proceedings:
Hodie 3a vice lecta est Billa, "An Act for Confirmation of Judicial Proceedings."
And the Question being put, "Whether to agree to this Bill now read, with the Alterations, Amendments, and Provisos?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Judge Twisden and Judge Tyrrell:
To deliver to them the Bill of confirming Judicial Proceedings; and desire their Concurrence in the Alterations, Amendments, and Provisos.
Letter from the Sheriff of Warwickshire, about securing Puresoy's Estate; and suppressing the Meetings of Quakers there.
A Letter was read, sent from the High Sheriff of Warwickeshire to the Lord Chancellor, which consists of Two Parts:
1st, Concerning the securing of Wm. Purefoye's Estate, who was One as gave Judgement against the late King, touching which he sent up divers Papers.
2. To desire Directions (fn. 1) what to do to suppress the great and frequent Meeting of Quakers in that County.
Hereupon the House ORDERED, That the said Letter, with the Papers, shall be delivered to His Majesty's Attorney General, to do therein as he thinks fit and best for His Majesty's Service: And it is further ORDERED, That the Sheriff of the County of Warwicke do take special Care for keeping the Peace of that County, and to prevent any seditious Meetings of Quakers.
Answer from H. C.
The Messengers sent to the House of Commons with the Bill of Judicial Proceedings return with this Answer:
That they will send an Answer by Messengers of their own.
Bill for Pollmoney.
Next, the House took into Consideration the Bill for Poll-money, with the Alterations brought up from the House of Commons, and adhered to the Alterations made by their Lordships; and to have a Conference with the House of Commons.
Message from H. C. with an Order; and about Committees going into the City to borrow 100,000£.
A Message was brought from the House of Commons, by the Lord Bruce:
To desire Concurrence in an Order for Fifty Thousand Pounds, for the Payment of the Army. (Here enter it.)
Read, and Agreed to.
2. That the House of Commons do agree with their Lordships, that a Committee of a proportionable Number of Members of their House do join with the Committee named by the Lords, to treat with the Lord Mayor, Aldermen, and City of London, about the present Raising of One Hundred Thousands, upon Security of the Poll Bill, for the necessary and urgent Service of the Kingdom.
The Answer returned was:
That their Lordships do agree in the Order concerning Money for paying the Army; and that the Lords will appoint their Committee to meet this Afternoon, at Four of the Clock, in the City, for borrowing the (fn. 3) One Hundred Thousand Pounds.
The Lord Marquis Hertford is excused for going into London this Afternoon, in regard of his ill Health; and the Earl of Pembrooke is appointed to go in his Room.
And the Earl of Northumb'l. is excused, and the Marquis of Dorchester is appointed to go in his Room.
Committee to prepare Heads for a Conference about the Bill for Poll-money.
These Lords following were appointed to consider of Reasons fit to be offered to the House of Commons, at the Conference, concerning the Alterations and Amendments in the Bill for Poll-money:
The Lords are to withdraw presently.
Cupper and Johnson about the Rectory of Paul's perry.
Upon reading the Petition of Mr. Cupper, Minister of Paulesperry, in the County of North'ton:
It is ORDERED, That the Order granted to Ezek. Johnson, for securing the Tithes and Profits of the said Rectory, is hereby revoked and made void.
Sir F. Dorrington's Pet.
Upon reading the Petition of Sir Francis Dorrington:
It is ORDERED, To be referred to the Committee of Petitions, when it sits, to hear all Parties concerned.
Dingley's Pet. about the Rectory of Kingston.
Upon reading the Petition of Mr. Dingley, Rector of Kingston, in the County of Kent; complaining of "an Order to sequester the Profits of the said Rectory, under a false Suggestion:"
It is ORDERED, That it be subscribed under the Petition, "That if the Churchwardens and the Overseers of the Poor be informed that there is no Sequestration in the Case, then they are to forbear the securing (fn. 2) of the Tithes."
Heads for a Conference about Alterations in the Bill for Poll Money.
The Lord Fynch reported from the Committee, the Reasons which are to be offered at the Conference with the House of Commons, concerning the Bill of Poll-money:
"1. Oaths are already settled by Parliament, both touching the Persons that shall administer them, as touching the Persons to whom they shall be administered; therefore in so short a Time to alter the Law is not held convenient, especially' trenching upon the Liberty of the Peers.
"2. Touching paying Double by certain Persons, when the Endeavour of uniting all hath been the Desire of both Houses;
"1. It may occasion Trouble, to make a Distinction now of Persons.
"2. Recusants have but a Third Part of their Estates.
"3. Touching the Cinque Ports, left to the Lord Fynch to speak to it.
"4. That the Lords have a Right of naming Commissioners; and so they did in the Ordinance of Seventy Thousand Pounds per Mensem lately passed, and in the last Poll Bill, and in other Bills wherein Commissioners have been named.
"5. "Other than the Peers" was misplaced; they are now put in the right Places.
"6. For the assessing of the Peers; were not the Proviso added, they might be assessed by Commoners; which their Lordships no Way think fit, as not agreeable to their Right, and therefore have named Commissioners."
Message to H. C. for this Conference.
A Message was sent to the House of Commons, by Sir Edmond Peirce and Mr. Brampston:
To desire a present Free Conference, in the Painted Chamber, concerning the Bill for Poll-money.
The Answer returned was:
That the House of Commons will give a present Free Conference, as is desired.
Peters Naturalization Bill.
Hodie 1a vice lecta est Billa, "An Act for Naturalizing Peter De la Pierre, alias Peters, and John De la Pierre, alias Peters."
ORDERED, That the Lord Robertes, Lord Wharton, Lord Mohun, and the Lord Fynch, do assist the Lord Chancellor, in the Management of this Free Conference.
The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.
Message from H. C. with the Bill of Indemnity.
A Message was brought from the House of Commons, by Mr. Solicitor, &c.; who brought up the Bill of Indemnity, with the Alterations.
ORDERED, That this Report of this Business shall be made To-morrow Morning, and considered of the First Business.
L. Stourton, Leave to be absent.
ORDERED, That the Lord Stourton hath Leave to be absent for some Time.
Marq. of Newcastle's Bill.
ORDERED, That these Lords following are added to the (fn. 4) Earl of Newcastle's Bill, and the rest of the Bills which are referred to that Committee; videlicet,
Viscount Say & Seale.
Order for 50,000£. for the Army.
"Whereas the Sum of Fifty Thousand Pounds was heretofore, by Order of the House of Commons, endeavoured to be taken up in the City of London, upon the Credit of the Ordinance for Three Months Assessment, commencing the 24th of June last (together with, and over and above, the Fifty Thousand Pounds for the Use of His Majesty), to the Intent the same might be employed toward the Disbanding of the Army; and whereas, by an Order of the First of August Instant, the Sum of Forty Thousand Pounds was ORDERED to be assigned, out of the Money arising by the said Assessments upon the several Counties where the Forces are quartered, towards satisfying a Month's Pay for the Army: It is ORDERED, by the Lords and Commons in Parliament assembled, That the said Fifty Thousand Pounds be forthwith paid or assigned, out of the Monies arising by the said Assessment, to such Persons, and in such Sort, as the Committee for the Army, or any Three of them, shall appoint, toward making up the said Month's Pay; and that the said other Sum of Forty Thousand Pounds be reserved to be employed toward the Disbanding of the Army; and that Sir Thomas Player, Receiver General of the said Three Months Assessment, be, and is hereby, authorized, and required to pay the said Fifty Thousand Pounds, in Money, or by Assignations, for the Use aforesaid, accordingly."
Order to restore the M. of Winchester to all his Estates sold without his Consent.
The House being this Day informed, "That the Estate of the Marquis of Winchester was illegally disposed of, aliened, and sold, without either Hearing, Summons, or Proof of any Charge against the said Marquis, and contrary to the Privilege of Peerage, and the fundamental Laws of the Land:"
It is ORDERED, by the Lords in Parliament assembled, That the said Dispositions, Alienations, and Sales, of the Estate of the said Marquis of Winchester, be, and are hereby declared to be, null and void (excepting those Lands which he hath consented to be sold); and that the Marquis of Winchester be, and is hereby, restored to the Possession of his Estate, in whose Hands soever the same is, together with all Arrears of Rents, Fines, and other Profits, which are now in the Tenants Hands, or in any other Persons, not accounted for, and to all Timber and Wood felled off any Part of the said Estate, and to all Materials of Houses and Buildings taken off any Part of the said Estate. And hereof all Persons whatsoever are to take Notice, and yield Obedience hereunto accordingly.
Ditto for the E. of Derby.
It is ORDERED, by the Lords in Parliament assembled, That all Dispositions, Alienations, and Sales, of the Estate of the Earl of Derby, which he hath not passed away by any legal Course of Law, be, and are hereby declared to be, null and void; and that the Earl of Derby be, and is hereby, restored to the Possession of his Estate, both Real and Personal, in whose Hands soever the same is, together with all Arrears of Rents, Fines, and other Profits, which are now in the Tenants Hands, and to all such of his Goods or Monies as are now in the Hands or Custody of any Sequestrators or Treasurers of Committees, and to all Timber and Woods felled off any Part of the said Estate, and to all Manner of Mines, and Mines of Coals: And all Sheriffs, Bailiffs, and other lawful Officers, in such Countries and Places where the Premises lie and be, are to be aiding and assisting to the putting in Execution this present Order. And hereof all Persons whatsoever are to take Notice, and yield Obedience hereunto accordingly.
Dingley's Order concerning the Rectory of Kingston.
Upon reading of the Petition of Nicholas Dingly, Minister of the Rectory of Kingston, in the County of Kent, this Day in the House;
It is ORDERED, by the Lords in Parliament assembled, That if the Churchwardens or Overseers of the Poor be certainly informed that there is no Sequestration in the Case, that then they are to forbear the securing of the Tithes and Profits; and Mr. Dingly is to take the sole Benefit of them, as though no such Order had issued out in that Behalf.
Order to prevent tumultous Meetings of Quakers in Warwickshire; and to secure Puresoy's Estate.
Upon reading of a Letter from the High Sheriff of the County of Warwicke, sent to the Lord Chancellor, with divers Papers therein inclosed, concerning the securing the Estate of William Purefoy Esquire, who was One of those that gave Sentence of Death upon His late Majesty; and likewise complaining of the great and frequent Meeting of Quakers in that County:
It is ORDERED, by the Lords in Parliament assembled, That the said Letter and Papers shall be delivered to Mr. Attorney General, to do therein as he shall think best for the Service of His Majesty: And it is further Ordered, That the Sheriff of the County of Warwicke do take special Care for keeping the Peace of that County, and to prevent any seditious and tumultous Meetings of Quakers, or any others, that shall endanger the public Peace.
L. Mohun versus Keigwin and Dandy.
Ordered, by the Lords in Parliament assembled, That the Cause of the Lord Mohun, against William Keigwin and Thomas Dandy, shall be heard, at this Bar, on Thursday, being the 16th of this Instant August, at Nine of the Clock in the Morning; and all Parties are to have timely Notice, who are then to attend the said Hearing accordingly; and that the Marshal of the King's Bench, or his Assigns, shall bring the Body of John Billing at that Time, to testify his Knowledge in the said Cause.
House adjourned till 9 cras.