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 Lunæ, 17 die Decembris.
Ly. Bannestre and Sir Trevor Williams & al.
Kynmersley's Bill for furnishing this House.
ORDERED, That the Petition of Mr. (fn. 1) Kynmersley, with his Bill for Monies which he hath laid out for the repairing and sitting of this House, is hereby recommended to the Lord Treasurer, to move the King herein, for His Warrant for the Payment of it.
Messages from H. C. with Bills and Orders.
Answer from H. C.
Message to them, with Bills.
Evett versus Aylworth, in Error.
The Lord Chief Justice acquainted the Lord Chancellor, "That there was a Writ of Error at the Door, (fn. 2) ready to be brought into this House."
And accordingly the Lord Chief Justice went forth, and brought the Record with the Transcript, and laid it down upon the Wool-sack; and after it was brought to the Clerk's Table. The Writ of Error was between Aylworth Defendant and Evett Plaintiff.
Message from H. C. with a Bill.
Message from thence, to sit P. M ;--and to remind the Lords of Bills.
To desire their Lordships would please to sit in the Afternoon, to dispatch the many Business which are depending, in regard of the Shortness of the Time for this Parliament's Continuance; and to put their Lordships in Mind of many Bills that are undispatched.
Lords Privilege concerning the Militia.
The Lord Chamberlain reported from the Committee of Privileges, an Order, which they offer to their Lordships Consideration, concerning their Lordships Privileges, in not being imposed upon the (fn. 3) Peers in finding Horses and Arms. (Here enter it.)
Order for 2200 £. to Sir J. Honywood.
"ORDERED, by the Lords and Commons in Parliament assembled, That the Sum of Two Thousand Two Hundred Pounds, due to several Persons, on Bills of Exchange drawn by Sir Robert Honywood, and the other late Commissioners in Sweden, for their Allowance, from the 19th of April, 1660, and for Mourning at the King of Sweden's Death; videlicet, Three Hundred Pounds on Bill dated the 8th of May, 1660, payable to William Allott; Four Hundred Pounds on Bill dated 8th of May, 1660, payable to the said William Allott; Six Hundred Pounds on Bill dated 8th of May, 1660, payable to Mr. Robert Swale; and the several Sums of Six Hundred and Three Pounds payable to the said Mr. Swale, extending the Allowance to the 19th of August, 1660 (when the said Sir Rob't Honywood caused His Majesty's Plate and Household Stuff to be delivered at Whitehall), be charged on the Receipt of Excise arising by Foreign Commodities imported, and paid, together with Interest after Six per Cent. from the Date hereof, to the Time of Payment, in Course, after the other Sums shall be satisfied, which are charged on the Excise by former Orders of this Parliament, to the several Persons to whom the said Bills are payable in the said Bills respectively or his Assigns, in Satisfaction of the said several Bills: And the Commissioners of the Excise for the Time being are empowered and required to pay the same accordingly; and this Order, with the Acquittances of the said several Persons or their respective Assigns testifying their Receipts of the said several Bills, shall be to the said Commissioners a sufficient Warrant and Discharge."
Lords not to be assessed for Arms, &c.
It is ORDERED and Declared, by the Lords in Parliament assembled, That it is the undoubted Right of the Peers of this Realm, not to be charged with any Horse, Arms, or other Martial Charge whatsoever, by any Lords Lieutenants, Deputy Lieutenants, or any other inferior Officers or Persons whatsoever: And hereof they and every of them are to take Notice, and to forbear to do any Thing to the contrary, at their utmost Perils.
Ly. Banaster versus Sir T. Williams & al. Coheirs of L. Hopton.
Upon reading the Petition of Dame Margaret Banastre, Widow; shewing, "That the late Lord Hopton being indebted unto the Petitioner (as Executrix of Sir Arthur Hopton deceased) in One Obligation, dated the Second of July, 1657, of the penal Sum of Nine Hundred Pounds, for Payment (fn. 4) of Five Hundred and Forty Pounds; and in a penal Bill of Six Hundred Pounds, entered into by the said Lord Hopton to one Mr. Roger Drake, dated 30° March, 1642, for Payment of Three Hundred Twenty-three Pounds, Five Shillings, and Eleven Pence, which Money was paid to the said Mr. Drake by the said Sir Artbur Hopton, and the Bill assigned over to him, and afterwards to the Petitioner for Security; and that the said Lord Hopton's Estate, both Real and Personal, being, in the Year 1642, sequestered and consiscated by the then Parliament, he was thereby disabled to pay any Part of the said Debt; the Petitioner thereupon, encouraged by the said Lord Hopton and his Agents, did, in the Year 1653, set forth the said Debts, and obtained from the Trustees then sitting in Drury House (in Lieu of the said Bonds), a Conveyance of certain Copyhold Lands and Tenements in Reversion, Parcel of the Manor of Ditcheat, in the County of Somersett, of the present Yearly Rent of Six Pounds, Five Shillings, or thereabouts, which the Petitioner received only towards Discharge of the said Debts, till finding, by the Order of this House dated the 18th of July last past, that the Coheirs of the said Lord Hopton have taken Possession of that Part of the Estate of the said Lord Hopton as was conveyed to the Petitioner for her Security and Satisfaction:"
It is ORDERED and Declared, by the Lords in Parliament, That it neither was or is intended, that the said Order shall be any Prejudice, Lett, or Hinderance, to the Petitioner, as to any just Debt due unto her from the said Lord Hopton; but that the Possession be restored unto her from which she or her Tenants were removed by virtue of the said Order of the 18th of July last; and that the Sheriff of Somersetshire, or his Deputy, shall forthwith put the said Dame Margaret Banestre, or her Tenants, into the Possession of the Premises, notwithstanding the said Order.
DIE Lunæ, 17 die Decembris, post meridiem.
Warner and Love versus Edney, Crofts and Ogden.
Upon Complaint of Mr. Warner and Mr. Love, late Sheriffs of the City of London; shewing, "That, in Obedience to their Lordships Order, they gave Liberty to Mr. Bushell, to have his Liberty of going abroad, to follow his Occasions before their Lordships; yet one Mary Edney, one Crofts, and one Ogden, do sue them for an Escape, and do give out reproachful and scandalous Speeches against the Dignity of this House:"
Whereupon it is ORDERED, That the said Mary Edney, Crofts, and Ogden, shall have Notice to appear before this House To-morrow Morning, at which Time also the Petitioners shall be present, to make good the Allegations in their Petition.
E. of Arundel's Business.
Bill for taking away the Court of Wards.
Hodie 1a vice lecta est Billa, "An Act for taking away the Court of Wards and Liveries, and Tenures in Capite and by Knights Service, and Purveyance; and for settling a Revenue upon His Majesty in Lieu thereof."
Message from H. C. with a Bill.
Message from thence, with an Order.
Message from H. C. with a Bill.
Sir T. Grymes' Bill.
Message to H. C. with it;--and to remind them of another Bill.
A Message was sent to the House [ (fn. 5) of Commons,] by Mr. Brampston and Mr. Glascock:
To deliver to them the Bill concerning Sir Tho. Grymes, and to desire their (fn. 6) Concurrence therein; and to put them in Mind of the Bill concerning Patents.
Bill to confirm Marriages.
Sir W. Wray's Bill.
The Lord Lucas reported, "That the Committee have considered of the Bill to enable Sir Wm. Wray to sell Land, for Payment of Debts, as fit to pass as it is; all Parties therein concerned having consented to it."
Hodie 3a vice lecta est Billa, "An Act for (fn. 7) enabling Sir Wm. Wray to sell Land, for the Payment of Debts, &c."
Nassenbery, E. of Lincoln's Servant, arrested.
The Earl of Lyncolne signified to this House, "That Thomas Hutchins, Bailiff, of Lambeth, hath arrested Lewis Nassenbery, his Lordship's menial Servant, contrary to the Privilege of Parliament;" and his Lordship upon his Honour avowing him to be his menial Servant:
Hutchins sent for.
It is ORDERED, That the said Lewis Nassenbery is to be forthwith released of his present Imprisonment; and that Thomas Hutchins be sent for, as a Delinquent, and brought before this House, to answer the said Breach of Privilege.
Order for 1000 £. to Windham, for receiving the King after the Battle of Worcester.
"ORDERED, by the Lords and Commons in this present Parliament assembled, That the Sum of One Thousand Pounds, for the buying of a Jewel for Francis Windham Esquire, in respect of his great and eminent Service, in securing the Person of the King's Majesty after the Battle at Worcester, be, and hereby is, charged on the Arrears of the Excise, which are or shall become due on the 25th of December Instant, and paid to the said Mr. Windham, or his Assigns, in Course, after the Monies shall be satisfied which are already charged on the Grand Excise by former Orders of this Parliament: And the Commissioners of the Excise for the Time being are empowered and required to pay the same accordingly; and the Acquittance of the said Mr. Windham, or his Assigns, testifying the Receipt thereof, shall be to the said Commissioners a sufficient Warrant and Discharge."
Kynnersly to be paid for furnishing this House.
Upon the Bill of Accompt of Clement Kynnersley, Yeoman of His Majesty's Wardrobe of Beds, which amounteth to the Sum of Two Hundred Eighty-six Pounds, Six Shillings, Five Pence, for furnishing of the House of Peers for the Service of His Majesty and the Lords in this present Parliament:
It is ORDERED, by the Lords in Parliament assembled, That the Lord Treasurer is hereby desired, from this House, to move the King, "That His Majesty will be pleased (in regard of the said Kynnersley's willing and ready Service for His Majesty and the House of Peers in this Behalf) that he be put into such a Course, for his having a Privy Seal to issue out, whereby upon the same he may so carry on this Business that he may have what is justly due unto him for this Service speedily paid unto him."