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 Saturni, 8 die Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Bill to reverse the E. of Strafford's Attainder.
The Earl of North'ton reported, "That the Committee have considered of the Bill for repealing the Act for Attainder of the Earl of Strafford, wherein the Committee have thought fit to make some Alterations, which are offered to the Consideration of the House."
The said Alterations being read Twice, and Agreed to, the House ordered the said Bill to be engrossed with the Alterations.
Upon Reading the Petition of Cutbert Morley:
It is ORDERED, That the Consideration thereof is referred to the Committee for Petitions.
Dudston and Kingsbarton Bill.
The Earl of Portland reported, "That the Committee have considered of the Bill for disuniting the Hundreds of Dudston and Kingsbarton from the County of the City of Gloucester; and have made some Alterations therein, which are offered to the Consideration of the House."
The said Amendments were read Twice, and Agreed to.
Hodie 3a vice lecta est Billa, "An Act for disuniting the Hundreds of Dudston and Kingsbarton from the County of the City of Gloucester, and restoring them to be Part of the County of Gloucester."
The Question being put, "Whether this Bill, with the Amendments now read, shall pass?"
It was Resolved in the Affirmative.
Protest against it.
Before the putting of the aforesaid Question, the Earl of Bollingbrooke desired Leave of the House to enter his Dissent, if the Question was carried in the Affirmative: Which being granted, his Lordship dissented as followeth:
"I dissent; conceiving it usual to confirm, (fn. 1) not ordinary, but dangerous to vacate Grants made under the Great Seal, being the great Assurances from the Crown.
Sir Aston Cockayne's Bill.
Hodie 2a vice lecta est Billa, "An Act for the Sale of some of the Lands of Sir Aston Cockaine Baronet, and Thomas Cockaine his Son, and the Settlement of the rest."
The Question being put, "Whether this Bill shall be committed?"
It was Resolved in the Affirmative.
ORDERED, That the Consideration of this Bill is committed to these Lords following; who are to hear the Lady, and all other Persons concerned in the said Bill:
Bp. of Durham.
Bp. of Worcester.
Ds. Howard de Charlt.
Their Lordships, or any Five; to meet on Thursday next, in the Afternoon, at Three of the Clock, in the Prince's Lodgings.
Bill to repeal Acts made in the Long Parliament.
The Lord Lucas reported, "That the Committee appointed to consider of a Bill for repealing all the Acts made in the Parliament begun the 3d of November, 1640, and for re-enacting such Bills as shall be thought fit, have made some Progress therein; but, in their Proceedings, have somewhat of Difficulty, wherein their Lordships desire the Directions of this House: The Committee are of Opinion, That it is fit for the Good of the Nation, that there be a Court of like Nature to the late Court called the Star-chamber; but their Lordships desire the Advice and Directions of this House in these Particulars following:
1. Who shall be Judges?
2. What Matters they shall be Judges of?
3. By what Manner of Proceedings they shall act?"
The House thought it not fit to give any particular Directions herein; but leaves it to the Committee, to proceed as they think fit.
Marquis of Newcastle Privilege in Whaley's Suit against him.
Upon the Oath of John Hutton, Solicitor to the Marquis of Newcastle, made this Day at the Bar; shewing, "That John Whaley makes Claim to all or Part of the Manor of Sibthorpe, in the County of Nottingham, and hath delivered Two Declarations in Ejectment to all the Tenants of the said Marquis in Sibthorpe aforesaid; and also that Sir Henry Springett and Two other Trustees of the said Whaley have brought Four Actions against Four of the Tenants of the said Marquis, in Sibthrope aforesaid; his Lordship being in the Possession of the Premises by his present Tenants:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Marquis, being a Peer of this Realm, and a Member of Parliament, shall enjoy the quiet and peaceable Possession of the said Lands and Premises, by himself and his Tenants, during the Privilege of this Parliament; and that all Process and Proceedings in Law, against either his Lordship or his Tenants, so standing seised as aforesaid, shall be stayed, and no further Proceeding therein had as aforesaid: And hereof the said Parties, and all others concerned, or any Ways claiming from or employed by them, or any of them, touching the Premises, are to take Notice, and yield Obedience hereunto, as they will answer the contrary to this House.
Rawlins, for sueing the E. of Midd. in Behalf of Sir Wm. Underhill.
ORDERED, That Mr. Rawlins, an Attorney, shall forthwith after Sight hereof (according to a former Order of this House) shew Cause why he hath prosecuted a Suit on the Behalf of Sir Will. Underhill, against the Earl of Midd. a Peer of this Realm, contrary to his Privilege of Parliament: And herein he may not fail, as he will answer the contrary to this House.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 13um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.