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 Jovis, 13 die Decembris.
PRAYERS, by Dr. Hodges.
Domini præsentes fuerunt:
D. of Yorke.
D. of Cumberland.
D. of Bucks.
D. of Albemarle.
D. of Richmond.
Comes St. Albans.
Viscount Say & Seale.
Ds. Howard of Esc.
Ds. Howard of Charlt.
Ds. Berkeley of Berkley.
Ds. (fn. 1) Herbert of Cherb.
Ds. De la Warr.
Ds. Gerard of Brandon.
Ds. Berkley of Stratton.
Sir Edw. Gostwick's Bill.
Hodie 2a vice lecta est Billa, "An Act for raising Portions and Maintenance for the younger Children of Sir Edw. Gostwicke."
ORDERED, That the Consideration of this Bill is referred to the Committee as is for the Earl of Huntingdon's Bill; and to meet To-morrow in the Afternoon. And Justice Browne is to assist their Lordships.
Boreel's Nat. Bill.
The Bill for naturalizing Mr. Boreel, was reported as fit to pass as it is; therefore it is ORDERED, That it be ingrossed.
Message from H. C. with a Bill.
A Message was brought from the House of Commons, by Mr. Knightley, &c.; who brought up a Bill for making the Precinct of Covent Garden Parochial, wherein their Lordships Concurrence is desired.
Bill for vacating Sir E. Powell's Fines.
Hodie 3a vice lecta est Billa, "An Act to vacate certain Fines unduly procured to be levied by Sir Edward Powell Knight and Baronet, and Dame Mary his Wife."
The Question being put, "Whether this Bill pass for a Law?"
It was Resolved in the Affirmative.
Protest against it.
"Whereas, before the Question was put upon the Act, intituled, "An Act to vacate certain Fines, unduly procured to be levied, by Sir Edward Powell Knight and Baronet, and Dame Mary his Wife," Leave was desired for entering of Protestations, in the Behalf of the Lords here under written, in case the Vote upon the said Act should be carried in the Affirmative: We, in Pursuance thereof, do enter our Protest against the said Act, for these Reasons following; videlicet, That Fines are the Foundations of the Assurances of the Realm, upon which so many Titles do depend, and therefore ought not to be shaken; nor hath there any Precedent occurred to us, wherein any Fines have been vacated, by Judgement or Act of Parliament, or otherwise, without Consent of the Parties; the Eye of the Law looking upon Fines as Things always transacted by Consent, and with that Reverence, that no Averment whatsoever shall be against them when they are perfected. And further we conceive, that by a future Law to vacate Assurances which are good by the Standing Law is unreasonable, and of dangerous Consequence; especially in this Case, where Skynner and Chute, Purchasers of a considerable Part of the Lands comprized in the said Fines, have petitioned, and yet have not been heard upon the Merits of their Cause, which is contrary, as we conceive, to the Statute of 28 Ed. III. Ch. 3. which faith, "No Man shall be put out of his Land or Tenement, nor disherited, without being brought to answer by due Process of Law."
"Edw. Hyde, C.
Ch. Richmond & Lenos.
W. Say & Seale.
Chr. Hatton. Brudenell."
Message to H. C. with the Bill.
A Message was sent to the House of Commons, by Doctor Childe and Doctor Bird:
To deliver to them the Bill to vacate certain Fines, unduly procured to be levied, by Sir Edw. Powell and Dame Mary his Wife; and to desire their Concurrence therein.
Bill to attaint the Murderers of the late King.
ORDERED, That the Bill of Attainder of the Murder of the late King shall be taken into further Consideration To-morrow Morning.
Committees to meet.
ORDERED, That all Committees that are sine Die shall be revived, and meet To-morrow Morning, and adjourn from Time to Time.
House adjourned till 10a cras, Aurora.