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 Mercurii, 18 die Julii.
Comes (fn. 1) Derby.
Comes (fn. 2) Winchilsea.
Viscount Say & Seale.
Ds. Howard de Charlt.
Ds. C. Gerard.
Ds. Da la Warr.
Hatfield Level Riot.
Marq. of Winton's Order.
ORDERED, That the Marquis of Winchester shall have the like Order as the Duke of Bucks and other Lords, for putting him into present Possession of those Lands which have been sold without his Consent.
L. Powis, D.
L. Hopton's Coheirs, D.
E. of Derby and the Purchasers of his Estate.
It is ORDERED, That the Countess Dowager of Derby ( (fn. 2) is to be produced a Witness in the Cause) shall be permitted to have a Chair to sit down, in regard of her Age and Quality; and when she gives her Testimony, she is to come to the Clerk's Table to be sworn, and there to give her Evidence.
The House heard the Cause between the Earl of Derby and his Purchasers, by Counsel and Witnesses on both Sides; and ordered to be taken into Consideration this Day Sevennight, if Public Business do not intervene; and the Judges are then to be present.
Private Business put off.
E. of Sterling, & al. versus Levingston.
Bill for Pollmoney.
Order to restore to the Marquis of Winton those Lands which were sold without his Consent.
It being moved this Day, "That the Lord Marquis of Winchester 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 respective Sheriffs, Bailiffs, or other lawful Officers, in such Counties and Places where the Houses, Lands, and Premises, of the said Marquis of Winton lie, shall, upon Sight of this Order, put his Lordship, or his Assigns, into the Possession of them, and every of them, that have not been passed, sold, or conveyed away, singly by himself, or jointly with others; any Thing to the contrary notwithstanding.
D for L. Powis.
Whereas the Sequestrators have taken Possession of several of the Lands of Percy Lord Powis, and the Lady Elizabeth his Wife, and have sold most Part of their Estate, though they were never convicted for Recusancy, nor were Delinquents, but for their Fidelity to His now Majesty, and to His late Majesty deceased:
It is ORDERED, by the Lords in Parliament assembled (the said Lord Powis being a Peer of this Realm), That what Part of his Estate, and the said Lady Elizabethe's, remains yet unsold by the Trustees for Sale of Delinquents Estates, shall be discharged of such Seizure or Sequestration; and that the Arrears remaining in the Tenants Hands, or not returned into the Exchequer, shall be paid unto the said Lord Powis, or his Assigns, forthwith upon Sight of this Order; any Thing to the contrary notwithstanding.
D for Sir Trevor Williams and others, Coheirs of L. Hopton.
It being this Day moved, "That Sir Trevor Williams Knight and Baronet, and Dame Elizabeth his Wife, Sir Thomas Hartopp Knight, and Dame Mary his Wife, Katherine Windham Widow, and Sir Bainham Throckmorton Knight, Coheirs of the Right Honourable Ralph Lord Hopton deceased, may be put into the Possession of such their respective Estates as they have not jointly amongst themselves, or severally apart, passed away, sold, or conveyed, by any legal Course of Law:"
It is ORDERED, by the Lords in Parliament assembled, That the several Sheriffs, Bailiffs, or other lawful Officers, in such Counties and Places where the Houses, Lands, and Premises, late the Lord Hopton's, and now belonging to the respective Parties abovementioned, be and are, shall forthwith, upon Sight of this Order, put the said Sir Trevor Williams, Sir Thomas Hartop, Katherine Windham, and Sir Bainham Throckmorton, their Assignee or Assigns, into the Possession of their several Houses, Lands, and Premises, according to their several Interests and Rights, excepting all and every Part of the said Lands as have been formerly conveyed by the said Lord Hopton in his Life-time, and also such Part of the said Lands as they the said Coheirs, or any of them, have or hath conveyed or passed away to each other, or to any Person or Persons whatsoever: And hereof all Persons whatsoever are to take Notice, and yield Obedience hereunto accordingly.
E. of Derby versus Sir John Trevor and others, Purchasers of his Estate.
It is ORDERED, by the Lords in Parliament, That the Consideration of the said Cause shall be further taken up by their Lordships upon this Day Sevennight, which will be the 25th of this Instant July, if Public Business do not intervene; and that the Judges be then present.
E. of Sterling & al. versus Levingston.
It is ORDERED, by the Lords in Parliament assembled, That John Bridle, Captain Henry Pyne, Mrs. Lushington, Edward Anderton, George Bate Doctor in Physic, Jonathan Gooddard Doctor of Physic, George Kirby, George Goslyn, Will. Gardiner, Thomas Haughton, Thomas Baylson, Didier Faucaut, John Johnson, Henry Middleton Esquire, Henry Denvis, Lieutenant Colonel Pynkeney, John Skeeles, Armiger Warner, Captain Cole, Francis Greg, Mr. Oliver, Robert Osborne, Posthumus Preistman, and John Maynard Serjeant at Law, shall appear as Witnesses before the Lords in Parliament, in a Cause to be heard at the Bar, between Henry Earl of Sterling and others Plaintiffs, and Thomas Levingston Esquire and his Wife Defendants, on the Seven and Twentieth Day of this Instant July, by Nine of the Clock in the Morning: And herein they may not fail.