House of Lords Journal Volume 11: 17 May 1661

DIE Veneris, 17 die Maii.

Domini præsentes fuerunt:

Serjeants at Arms to keep the Passages to this House clear.

The Lord Chamberlain acquainted the House, "That he having told the King their Lordships Desire, to have Two Serjeants at Arms to attend, for the keeping good Order at the Doors of this House; His Majesty hath accordingly commanded Two Serjeants at Arms, with their Maces, to attend; and they are now without, ready to receive their Lordships Orders."

So the House referred it to the Lord Great Chamberlain, to place the said Two Serjeants at Arms, and Two of the Knight Marshal's Men, at such Places as be most convenient for the Service of this House.

E. of Dorset's Bill.

Hodie 2^a vice lecta est Billa, "An Act for settling the Manors of Knole, Seale, and Kempsing, upon the Earl of Dorsett, &c."

ORDERED, To be committed to the Consideration of these Lords following; (videlicet,)

Their Lordships, or any Five; to meet To-morrow, at Eight of the Clock, in the Lord Chancellor's Lodgings.

Sir William Throckmorton's Nat. Bill.

Hodie 1^a vice lecta est Billa, "An Act for the Naturalization of Sir Wm. Throckmorton Knight, and Dame Elizabeth his Wife, with Will. Throckmorton, Thomas Throckmorton, Margarett Elizabeth Throckmorton, and Dorithy Lucie Throckmorton, Children of the said Sir William."

Bill for mending Streets and Highways.

Hodie 1^a vice lecta est Billa, "An Act for amending and keeping clean the Streets and Highways, in and about the City of Westm. and other Cities and Towns."

E. of Rutland's Absence excused.

ORDERED, That the Absence of the Earl of Rutland is excused, in regard of his ill Health.

Bill to prevent Tumults.

The Earl of Dorsett reported from the Committee, the Bill against Tumults in preferring Petitions to the King and Parliament, with some Amendments; which were offered to the Consideration of the House.

The said Amendments were read.

And, upon some Debate, it is ORDERED, That the said Bill is re-committed to the further Consideration of the same Committee; who are to meet To-morrow in the Afternoon, at Three of the Clock: And the Earl of Anglesey, Lord Lexington, Lord Holles, and the Lord Ashley, are added to the said Committee.

Ld. Bruce's Absence excused.

ORDERED, That the Absence of the Lord Bruce is excused, in regard of his ill Health.

Winyard's Pet. concerning the Office of Yeoman Usher.

Upon reading the Petition of John Wynyarde, "That he having faithfully executed the Place of Yeoman Usher all the last Parliament; and, by a Warrant from the Lord High Chamberlain, being in Waiting this Parliament till Yesterday, when it was denied him to attend without the Door, by Sir John Ayton, according to their Lordships Order; he prays their Lordships will please to order him to attend without the Door, and that his Exclusion from waiting within may not be a Prejudice to any Privileges or Advantages belonging to him:"

It is ORDERED, That the Consideration of this Petition is referred to the Committee for Privileges; who are to hear both Parties, and afterwards report their Opinions to this House.

Ld. Berkeley's Petition concerning Precedency above Ld. Delawar.

The Lord Chamberlain acquainted this House, "That the King appointed him to deliver a Petition to their Lordships, which was presented to him by the Lord Berkeley;" which the House ordered to be read, as followeth:

"To the King's Most Excellent Majesty.

"The humble Petition of George Lord Berkley, for his Place in this present Parliament, above and before the Lord De la Ware;

"Sheweth,

"That Robert Fitz Harding (Grandson to the King of Denmarke), your Petitioner's lineal Ancestor, had the Honour of Berkeley granted to him and his Heirs, by Your Royal Ancestor King Henry II, to hold by Barony: That from the said Robert descended William, who being created Marquis Berkeley by King Ed. IV, and entailing the said Honour, for Want of Issue Male of his own Body, upon King Henry VIIth, and the Issue Male of His Body, died without Issue, whereby the said Honour came to and was in the Crown, until the Death of King Ed. VIth, Grandson and Heir Male to the said King Hen. VII: That Sir Maurice Berkley Knight, Nephew and Heir to the said Marquis, being summoned to Parliament in 14 H. VIII, did, by reason of that Entail, fit no otherwise than as a Puny Baron; and that, upon the Death of King Ed. VIth, without Issue, Henry Lord Berkeley, Nephew and Heir to the said Maurice, being not till that Time in a Capacity to challenge the Place of his Ancestors, was then under Age: That, since he came of Age, partly by reason of Minorities of the Lords Berkeleys and De la Ware, and partly for that Two of the Lords De la Ware were long in Virginia, there hath been no proper Opportunity for any of the said Lords Berkeley to exhibit their Claim till now.

"Your Petitioner therefore most humbly prayeth, That Your Majesty will be graciously pleased that he may be admitted to make Proof of this his Claim; and, by the Advice of Your Great Council now assembled in this Your Parliament, to ordain that he may have his Place therein, in Your Royal Presence, in such Sort as his Ancestors Lords Berkeley, before that Entail so made by the said Marquis Berkeley, had and enjoyed.

"And Your Petitioner shall ever pray.

"Berkeley."

Ld. Berkeley and Ld. Delawar; Precedency.

Upon reading this Petition of George Lord Berkeley, touching the Precedency of Place between him and the Lord De la Ware:

It is ORDERED, That the said Lord De la Ware may have a Copy of the said Petition; and that this House will hear Counsel on both Sides this Day Sevennight, which will be on the 24th of May Instant.

L. Mohun, Privilege in Gifford's Suit against him.

Upon the Oath of Joseph Willson Gentleman, made this Day at the Bar, "That one Dorothy Gifford Widow hath sealed a Lease of Ejectment to one Thomas Pettitt, a Stranger, of Thirty-six Houses and One Garden, in Bloomsbury, in the Parish of St. Giles in the Feilds; and the said Pettitt hath brought his Action in Ejectment against one Peter Cooke, the casual Ejector, and intends a Trial this Term; the Right of the Title in Question being in Warwicke Lord Mohun, a Member of this Parliament, and Peer of the Realm:"

It is ORDERED, That there shall be no further Proceedings in that Cause against the said Peter Cooke, wherein the Lord Mohun is concerned, during the Privilege of this Parliament, unless his Lordship shall be content to wave his Privilege; and that all Persons whom it may concern are to take Notice of this Order, and yield Obedience accordingly.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Saturni, 18 diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,
J. Bridgewater.
Stafford.
Fauconberg.
Ro. Lexington.