DIE Martis, 31 die Martii.
Domini tam Spirituales quam Temporales præsentes
|His Royal Highness the Duke of Yorke.
Epus. St. David's.
|Sir Orlando Bridgmen, Miles et Bar. Ds. Custos Magni Sigilli.
Edwardus Comes Manchester, Camerarius Hospitii.
Vicecomes Say & Seale.
Ds. Berkley de Berk.
Ds. Howard de Ch.
Ds. Howard Esc.
Ds. Herbert Cherb.
Ds. Berkley Strat.
Message from H. C. with a Bill, and about others:
A Message was brought from the House of Commons,
by Sir Robert Carr Knight, and others; which consisted
of these Particulars:
1. To return the additional Act against the Importation of Foreign Cattle, sent down with Amendments,
to which they have agreed.
2. To return the Act for the taxing and assessing of
the Lands of the Adventurers within the Great Level
of the Fens, sent down with Alterations, to which they
3. To present this House with a Bill for Sale of
some Lands, to pay the Debts, and make Provision
for the Younger Children, of John Beckham Esquire,
deceased; to which they desire their Lordships Concurrence.
4. To mind their Lordships of Two Bills depending
in this House, sent up from the House of Commons;
one concerning poor Prisoners, the other concerning
Morley and Grenvile versus Elwes Judgement.
The House took into Consideration what further
Judgement to give in the Cause between Cutbert Morley
and Bernard Grenvile Plaintiffs, and Jeremy and Henry
And, after a serious Consideration,
The Question being put, "Whether that it be
ordered that the Cause be remitted to the
Chancery, and the Lord Keeper ordered to
proceed as upon an equitable Mortgage?"
It was Resolved in the Affirmative.
Protest against it.
Memorandum, That, before the putting of the abovesaid Question, these Lords following desired Leave to
enter their Dissents, if the Question was carried in the
Affirmative: Which being granted, they accordingly
enter their Dissents, by subscribing their Names:
The Lord of Rockingham is added to the Committee
Morley and Grenvile versus Elwes.
Whereas Counsel and Witnesses have been several
Days heard at the Bar, in the Cause between Cutbert
Morley and Bernard Grenvile Esquires, Plaintiffs, by
Petition, against Jeremy Elwes and Henry Elwes his
Trustee, concerning the Manor of Seamour, and other
Lands and Estate of good Value; therein mentioned,
mortgaged by James Morley, Father of the said Cutbert,
to the said Jeremy and Henry Elwes, and a Release
made thereof in the Year 1646, by the said Cutbert
Morley, to the said Jeremy and Henry Elwes, with a
Trust, as was alledged, of Eighty Pounds per Annum,
for the said Cutbert Morley's Life; and also concerning
a Decree since made in the Court of Chancery, on the
Behalf of the said Jeremy and Henry Elwes, against the
said Cutbert Morley, concerning the said Lands and Estate
so mortgaged and released:
The Lords Spiritual and Temporal in Parliament
assembled, after several long, serious, and solemn Debates and Considerations had, what Judgement to give
upon the whole Matter as it lies before this Court, in
the said Petition, Answer, Decree, and Proofs made
at the Bar of this House in the said Cause, have thereupon Resolved and Adjudged, and do accordingly order
and adjudge, That the Release mentioned in the said
Petition was made upon further Trust than Eighty Pounds
per Annum, and also that the Decree mentioned in the
said Petition shall be reversed: And their Lordships,
upon further Consideration had of the said Cause, have,
upon serious Debate thereof, resolved and adjudged,
and the said Court doth hereby further order and adjudge, That the said Cause be, and is hereby, remitted
to the Court of Chancery; and that the Lord Keeper
of the Great Seal of England be, and is hereby, directed and authorized to proceed thereupon as upon an
equitable Mortgage, which this by their Lordships is
adjudged to be.
Lords to send to H. C. to remind them of Bills sent to them from this House.
Upon Report made by the Earl of North'ton, "That
the Committee for Privileges (according to the Order
of this House of the Eleventh of March Instant, directing them to search whether there be any Precedents before the Year 1640, for putting the House of
Commons in Mind of Bills depending before them,
which have been sent from this House) have perused
several Precedents which are recorded in the Journals
of this House, which the Committee offer to their
Lordships Consideration; videlicet, 28° April and 19°
Maii, 1° Jacobi; 8° Junii, 7° Jacobi; 7° and 12°
April and 19° Maii, 21° Jacobi:"
The House caused the said Precedents to be read;
and, upon Consideration had thereof, the Lords Spiritual and Temporal in Parliament assembled do declare
it to be regular for the Lords to send Messages (when
they please) to the House of Commons to put them in
Mind of Bills which have been sent down from this
House to them.
Message to be sent to H. C. to remind them of the Bill for Trial of Peers.
ORDERED, That on Thursday Morning next a Message be sent to the House of Commons, to put them in
Mind of the Bill, intituled, "An Act for the better
regulating of the Trial of the Peers of England;" sent
down some Time since from this House to them.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii,
videlicet, primum diem Aprilis, 1668, hora decima Aurora, Dominis sic decernentibus.