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, 16 die Julii.
PRAYERS, by Mr. Hodges.
Domini præsentes fuerunt:
|L. Chief Baron, Speaker this Day.|
L. Great Chamberlain.
Comes (fn. 1) Shrewsbury.
Viscount Say & Seale.
Ds. Herbe't de Cherbury.
Ds. Howard de Esc.
Ds. Howard de Charlton.
Ds. Berkley of Stratton.
Ds. Arrundell of Warder.
Ds. Berkley of Berkley.
Ds. De la Warr.
Ds. Charles Gerrard.
Forest of Dean, Order continued.
ORDERED, That the Order of the 18th of May last, made concerning preventing of Waste in the Forest of Deane, shall stand and be in Force, notwithstanding the Order made for revoking the same.
Bill for Pollmoney.
Hodie 1a vice lecta est Billa, "An Act for the speedy Provision of Money, for disbanding and paying off the Forces of this Kingdom, both by Land and Sea."
Bill of Indemnity.
ORDERED, That the Act of Indemnity be read Tomorrow Morning, the First Business.
Bill for Sewers.
Hodie 2a vice lecta est Billa, "An Act for the present nominating Commissioners of Sewers;" and ordered to be committed to these Lords following:
Their Lordships, or any Five; to meet To-morrow Morning, at Eight of the Clock in the Prince's Lodgings.
ORDERED, That Baxter, under Restraint by Order of this House, for disobeying an Order, be released from his present Restraint.
L. Purbeck's Business.
The Attorney General reported the State of the Business concerning the Lord Viscount Purbeck; which was read. (Here enter it.)
And ORDERED, That the Consideration of these Precedents and the Business is referred to the Committee for Privileges, to hear Counsel and Witnesses in this Business, as they shall see Cause. To meet the 19 Day of this Instant July; and Mr. Attorney General to attend their Lordships.
E. of Derby's Order.
ORDERED, That the Earl of Darby shall have the like Order as other Peers have had, to be put into Possession of those Lands wherein he hath not joined himself to pass them away.
Queen to be restored to Her Jointure;
ORDERED, That the Queen's Majesty shall be restored to the Possession (fn. 2) of all Her Jointure which formerly She was possessed of.
and the King to all His Lands.
ORDERED, That the King's Majesty be restored to the Possession of all His Lands.
Matters derogatory to the King, &c. to be expunged out of the Journals.
ORDERED, That the Sub-committee for the Journal Books do peruse them, that those Things which are derogatory to the Honour of the King, and the Queen, and the Peers, may be reported severally to the House, that the same may be expunged out of the Books.
L. Delawar and L. Berkley, Preccdency.
ORDERED, That the Cause between the Lord De la War and the Lord Berkeley is put off to be heard till Tuesday come Sevennight.
Dr. Wild and Rawlinson.
ORDERED, That the Business between Doctor Wyld and Mr. Rawlinson be heard this Day Se'nnight.
E. of Derby and the Purchasers of his Estate.
ORDERED, That there be an Order granted for Witnesses on Behalf of the Purchasers in the Earl of Derbie's Case; and a Letter to'be written to the Countess of Derby, to appear as a Witness on Wednesday next.
Henbury to be proceeded against.
ORDERED, That Captain Henbury be proceeded (fn. 3) against according to Law, and Jonathan Hicks, One of the Keepers of the Prison of Newgate, be summoned to appear before this House To-morrow Morning, to answer his Offence, in permitting the said Henbury to go abroad by Day and Night, to meet his Confederates.
Bill to confirm Judicial Proceedings.
ORDERED, That the Act for (fn. 4) confirming Judicial Proceedings shall be read next in Order to the Act for Indemnity.
Surrenders of Dignities to the Crown.
Mr. Attorney General's Report.
"In Pursuance of the Order of your Lordships, dated the 26th of June, 1660, whereby we are required to state the Case of the Lord Viscount Purbeck, concerning Precedents of the Surrender of Dignities to the Crown;
"We find, that the said Viscount Purbecke hath petitioned His Majesty to accept of a Surrender of the Honour of Baron of Stoke and Viscount Purbeck, and of the pretended Title to him in Remainder of the Honour of Baron Whaddon of Whaddon, Viscount Villiers, and Earl of Bucks; which His Majesty was graciously pleased to accept of, and referred it to One of us, and His Attorney General, to take Care that a Fine, or some other Conveyance, be made thereof.
"And we find the Precedents for surrendering of Honours to the King to be as followeth:
"1. Roger Bigott, the last Earl of Norfolk and Marshal of England of that Family, resigned his Office, Honour, and Estate, unto K. E. I. conditionally, to be restored to him if he had Issue.
"2. William Herbert, Earl of Pembrooke, 19 E. IV. resigned that Earldom.
"3. Charles Brandon, Viscount Lisle, surrendered that Honour to H. VIII.
"4. Roger Stafford Esquire, 15 Car'l, levied a Fine to the King, of the Honour, State, Degree, Dignity, and Name, of the Barony of Stafford; which the King accepted of.
"5. Edward Tirrell Baronet, 14 Car'l. levied a Fine unto the King, of the State, Degree, Dignity, Title, and Name, of a Baronet; which the King accepted of.
"Besides, we are informed that there are many more Precedents of the like Nature.
"And the said Viscount Purbeck hath produced unto us the Opinion of several Learned Counsel, that he may legally surrender his said pretended Dignities to His Majesty. And we are also of the same Opinion, that he may legally do it, with His Majesty's Consent, without the Consent of any other Person whatsoever.
Informations against L. Purbeck.
"We find also the Informations to be in these Words:
"Informed by the Earl of Monmouth,
That, rather than the late King should want One to cut off His Head, the Lord Viscount Purbeck would do it himself.
"The Earl of Oxford saith,
"That the Lord Viscount Purbeck had rather wash his Hands in the King's Blood, than in the Blood of any Dog in England.
"16 June, 1660.
"That, at the pretended High Court of Justice, the Lord Purbecke said to this Effect, "That Bradshaw was a gallant Man, the Preserver of our Liberties; and that he the Lord Purbeck hoped that Bradshaw would do Justice upon that Tyrant" (speaking of the King).
"Mr. Danvers, in Richard's Convention, 12 Feb. 1658, spake thus, standing near the Speaker's Right Hand:
"I wonder that I should be accused of being a Cavalier, or bearing Arms for Charles Stuart; which I never did: For, I protest, I so much hated Him and His Cause, that, because those of the Name of Villiers did all side with Him and assist Him, therefore I hated that Name also, and changed it for D'anvers.
"Monday, Dec. 17, 1649.
"Memorandum, That, the Day and Year abovewritten, young Rob't Villiers, Son to Viscount Purbeck, came in the Afternoon to the Earl of Monmouth's House, being then in Queenes street, London; and, amongst many other atheistical Speeches, wherein he denied the Immortality of the Soul, and scoffed at Judgement to come, he asked the Lady Philadelphia Wharton, "What she seared? That she had read of the Three-headed Dog Cerberus, and was afraid he would bite her." He also, with blasphemous Words, dared God to maintain His own Quarrel; asked her, "Supposing she was shut up in a Sheet of Lead, only a little Hole left against her Mouth to breathe at; if that Hole were suddenly soldered up, whither her Soul would go?" Lastly, he scoffingly said, "That God was a good old Man, and troubled Himself with little, &c. but He had a Son that was a dapper young Man, that was likely to bestir Himself, &c."
"This is the Information of John Harris.
"All which Words, Matters, and Things, the said Viscount Purbecke doth utterly deny.
Order for restoring the E. Derby to the Possession of his Estate.
It being moved this Day, "That the Earl of Derby might be put into the Possession of such of his Estate as he hath not joined with others in the passing away, or hath passed away himself by any legal Course of Law:"
It is ORDERED, by the Lords in Parliament assembled, That the said Earl of Derby shall be put into Possession of all his Houses, Lands, and Premises, by the respective Sheriffs, Bailiffs, and other lawful Officers, in such Counties and Places where they lie and be, that have not been passed, sold, or conveyed away, singly by himself, or jointly with others; any Thing to the contrary notwithstanding.
Order for restoring the Queen's Jointure Lands, &c
ORDERED, by the Lords in Parliament assembled, That the Queen Her Majesty shall, and is hereby, restored to the Possession of all Her Jointure, Honours, Manors, Lands, Rents, and Hereditaments, notwithstanding any Sales, Alienations, or Dispositions, made by any pretended Authorities whatsoever.
and the King's Lands.
ORDERED, That the King's Majesty shall be, and is hereby, restored to the Possession of all His Honours, Manors, Lands, Rents, and Hereditaments, notwithstanding any Sales, Alienations, or Dispositions, made by any pretended Authorities whatsoever.
Order concerning L. Purbeck's Cause.
Upon the Report of Mr. Attorney General, of the State of the Business concerning the Lord Viscount Purbecke, read this Day in the House:
It is ORDERED, by the Lords in Parliament assembled, That the Business concerning him, and the Precedents brought in with the Report, are hereby referred to the Lords Committees for Privileges; to hear Counsel and Witnesses in this Business, as they shall see Cause; and, having prepared the Matter fit for the Consideration of the House, to make Report thereof, And their Lordships to meet on Thursday, the 19th of this Instant July, by Three of the Clock in the Afternoon; at which Time Mr. Attorney General is to attend their Lordships.
House adjourned till 10a cras.