House of Lords Journal Volume 11
24 August 1660

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 11: 24 August 1660', Journal of the House of Lords: volume 11: 1660-1666 (1767-1830), pp. 139-143. URL: http://www.british-history.ac.uk/report.aspx?compid=14035 Date accessed: 25 July 2014.


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Contents

Die Veneris, 24 die Augusti.
L. Roscommon's Bill. L. Brudnell's Order. L. Maynard's Order. E. of Banbury's Bill. Harberd, &c. concerning Cawood Castle. Cary and Cromwell. Rodney and Cole. Bill for confirming the Privileges of Parliament, and fundamental Laws. Sheriff of Northumb. to give Bail. L. Mohun versus Kegkwin and Dandy. Breton's Petition, concerning the Rectory of Hodnett. Heyhurst's, concerning Chithurst. Durham Bill, to send Members. Anniversary Thanksgiving Bill. Skinner's Bill. Ly. Cobham's Order. L. Craven's D. Lords Leave to be absent. Count. of Derby's Order. Pepys versus Wood. Cawdrey versus Smith. Dr. Fish versus Waterhouse. Westminster Streets to be repaired. Message from H. C. with a Bill;- and to sit P. M. Answer. Order for restoring L. Brudnell to the Possession of his Goods, &c. D. for Lady Cobham. Order to discharge the Sequestration of Lands belonging to Maynard. Order to prevent Waste in Cawood Castle, &c. Cary versus Cromwell & al. Rodney versus Cole, Stukely, & al. Order for Fenwick, Sheriff of Northumb, to give Bail for his Appearance. L. Mohun versus Keigwin and Dandy. Breton versus Campion, concerning Rectory of Hodnet. Hayhurst versus Alexander, concerning the Living of Iping cum Chithurst. Order for Westminster Streets to be repaired. Pepis versus Wood. Cawdrey versus Smith. Adjourn. Post meridiem. L. Mohun versus Keigwin and Dandy. Bill against Usury. Message to H. C. for a Conference about the Bill of Indemnity. Answer. Heveningham's Petition. Order to restore L. Craven to the Possession of his Goods, &c. D. for the Countess of Derby. Order for repairing the Streets in London, Westminster, &c. Adjourn. Footnotes

Die Veneris, 24 die Augusti.

Prayers, by Mr. Buck.

Domini præsentes fuerunt:

L. Chancellor.
D. Albemarle.
Marq. Winton.
Marq. Dorcester.
Marq. of Hertford.
L. Great Chamberlain.
L. Steward.
L. Chamberlain.
Comes Northumberland.
Comes Derby.
Comes Lyncolne.
Comes (fn. *) Banbury.
Comes Denbigh.
Comes Carnarvon.
Comes Bollingbrooke.
Comes Peterborough.
Comes Westm'land.
Comes Stamford.
Viscount Stafford.
Comes Cleveland.
Comes North'ton.
Comes Dorsett.
Comes Berks.
Comes Monmouth.
Comes Scarsdale.
Comes Rutland.
Comes Suffolke.
Comes Rivers.
Comes Winchilsea.
Comes (fn. *) Dover.
Viscount Hereford.
Comes Oxon.
Comes Newport.
Comes Bristoll.
Comes Norwich.
Comes Bedford.
Ds. Robertes.
Ds. Hunsdon.
Ds. Astley.
Ds. Langdale.
Ds. Maynard.
Ds. Fynch.
Ds. Clifford.
Ds. Howard de Esc.
Ds. Lexinton.
Ds. Widdrington.
Ds. Mohun.
Ds. Willoughby.
Ds. Sandys.
Ds. Lovelace.
Ds. Craven.
Ds. Coventry.
Ds. Carrington.
Ds. Arrundell.
Ds. Loughborough.
Ds. Grey.
Ds. D'acre.
Ds. Howard de Charlt.
Ds. Seymour.
Ds. Pagett.
Ds. Berkley de Stratt.
Ds. Petre.
Ds. Windsor.
Ds. Wharton.
Ds. Berkeley of Berkley.
Ds. Abergaveny.
Ds. Pawlett.
Ds. Culpeper.
Ds. Wentworth.

L. Roscommon's Bill.

ORDERED, That the Bill of the Lord Roscomon shall be re-committed.

L. Brudnell's Order.

Upon reading the Petition of the Lord Brudnell, desiring an Order of this House, for restoring his Books and Goods taken away from him in the Time of the late Wars:

It is ORDERED, That he shall have the like Order as other Lords have had.

L. Maynard's Order.

Upon reading the Petition of the Lord Maynard, on Behalf of Bannister Maynard Esquire, his Son:

It is ORDERED, That the Sequestration of the Land mentioned in the Petition shall be taken off.

E. of Banbury's Bill.

Hodie 2a vice lecta est Billa, "An Act to enable Nicholas Earl of Banbury to sell Boughton Latymer, for Payment of his Debts, &c."

ORDERED, That this Bill be committed to the same Committee appointed for the (fn. *) Earl of Newcastle's Bill.

Harberd, &c. concerning Cawood Castle.

Upon reading the Petition of Richard Harberd, Wm. Smith, and others, Tenants to the Manor of Cawood, in the County of Yorke, complaining of "the pulling down of the said Castle:"

It is ORDERED, That there be no more Waste committed in that Castle; and that no Materials be carried away.

Cary and Cromwell.

Upon reading the Petition of John Cary; complaining of "a Decree made in Chancery:"

It is ORDERED,That this Cause shall be heard, at this Bar, on Tuesday come Sevennight, by Counsel on both Sides.

Rodney and Cole.

Upon reading the Petition of Sarah Rodney:

It is ORDERED, That both Sides shall be heard, by Counsel, at this Bar, on Monday come Sevennight.

Bill for confirming the Privileges of Parliament, and fundamental Laws.

ORDERED, That the Committee for the Bill for confirming the Privileges of Parliament, Magna Charta, &c. do meet this Afternoon, at Three of the Clock; and Mr. Justice Tyrrell shall attend, in the Place of Mr. Justice Hyde.

Sheriff of Northumb. to give Bail.

OEDERED, That the Serjeant's Deputy shall take Bail of the High Sheriff of Northumb. sent for as a Delinquent, upon the Complaint of the Earl of Northumb. to appear before this House after the Assizes.

L. Mohun versus Kegkwin and Dandy.

The House took into Consideration what Damages to give the Lord Mohun, in his Case against Kegkwyn and Dandy:

It is ORDERED, That the Lord Mohun's Counsel shall be heard, at this Bar, on Wednesday next, to shew Precedents of this Kind; and then this House will consider further of this Business; and that the Officers in whose Custody any Records are, which Counsel shall think material, shall, by Order of this House, bring them.

Breton's Petition, concerning the Rectory of Hodnett.

Upon reading the Petition of John Breton Clerk; shewing, "That Henry Vernon Esquire, Patron of the Rectory of Hodnett, in the County of Salopp, presented the Petitioner to that Rectory, and is legally instituted; but still is kept out; and one Samuell Campion receives the Profits thereof, contrary to the just Right of Patronage:"

It is ORDERED, That, if the present Incumbent can give good and sufficient Security to the High Sheriff of that County, to be responsible for the Profits of the said Rectory if the Trial at Law goes against him, then he shall have Liberty to take this Summer's Profits; else the Profits are to be secured in the Hands of the Churchwardens and Overseers.

Heyhurst's, concerning Chithurst.

Upon reading the Petition of Joseph Heyhurst Clerk; shewing, "That Leonard Alexander, upon a false Information, hath procured the general Order of this House, for securing the Tithes of Chithurst, in the County of Sussex, whereas he was never sequestered:"

It is ORDERED, That the said Order be revoked and made void, it being procured upon Misinformation.

Durham Bill, to send Members.

Hodie 2a vice lecta est Billa, "An Act to enable the County of Durham to send Knights, and the City of Durham to send Burgesses, to serve in Parliament."

ORDERED, To be committed to the same Committee as the (fn. *) Earl of Newcastle's Bill is.

Anniversary Thanksgiving Bill.

ORDERED, That the Committee do take the Bill for the Anniversary Thanksgiving-day into Consideration the First Bill, and report the same to this House.

Skinner's Bill.

Hodie 1a vice lecta est Billa, "An Act to enable Augustine Skynner to sell Lands, for Payment of Debts."

Ly. Cobham's Order.

Upon reading the Petition of Dame Frances Cobham:

It is ORDERED, That she shall have an Order, to seize upon her Goods, wherever she shall find them.

L. Craven's D.

ORDERED, That the Lord Craven shall have Liberty to seize upon any of his Goods and Arms taken away from him, wherever he shall find them.

Lords Leave to be absent.

ORDERED, That the Lord Abergaveny shall have Leave to be absent for a few Days.

The like for the Lord Tenham.

Count. of Derby's Order.

ORDERED, That the Countess Dowager of Derby shall have an Order, to seize upon her Goods taken away from her in the Time of the Wars, wherever she can find them.

Pepys versus Wood.

Upon reading the Petition of Samuell Pepys Clerk:

It is ORDERED, That Jonathan Wood shall have a Copy of this Petition, and then both Parties shall be heard.

Cawdrey versus Smith.

Upon reading the Petition of Zachary Cawdrey, Rector of Barthomly, in Cheshire, against John Smith:

It is ORDERED, That both Sides shall be heard, at this Bar, by Counsel, this Day Three Weeks.

Dr. Fish versus Waterhouse.

Upon reading the Petition of Doctor John Fish, and the Affidavit of Steven Ridlesden upon it, made at this Bar; complaining, "That Thomas Waterhouse hath contemned the Order of this House:"

It is ORDERED, That the said Thomas Waterhouse be sent for, as a Delinquent.

Westminster Streets to be repaired.

ORDERED, That the Justices of Peace do take effectual and speedy Course, for the mending the Streets between Whitehall and the Parliament House, and the Highways about London and Westm.

Message from H. C. with a Bill;- and to sit P. M.

A Message was brought from the House of Commons, by Sir Edward Turnor Knight, &c.; who brought up a Bill, intituled, "An Act for restraining the taking of excessive Usury;" wherein their Lordships Concurrence is desired.

2. To desire their Lordships would please to sit this Afternoon, upon Business of the Bill of Indemnity.

The Answer returned was:

Answer.

That this House will sit this Afternoon, at Four of the Clock.

Order for restoring L. Brudnell to the Possession of his Goods, &c.

Upon Information given to this House, "That divers of the Goods, Books, and Household Stuff, of Thomas Lord Brudnell, to the Value of Ten Thousand Pounds, were in the Time of the late Wars unjustly taken from him:"

It is ORDERED, by the Lords in Parliament assembled, That the said Lord Brudnell, by his Servants and Agents, hath hereby Liberty and Authority to make Search for any of his said Goods, Books, or Household Stuff, of (fn. *) what Kind soever, in all Places where he or they may have Cause to suspect any of the said Goods, Books, or Household Stuff, to be concealed; and where any thereof shall be found, to selze, take, and bear them away, to the Use of the said Lord Brudnell; the said Servants or Agents taking with them One of His Majesty's lawful Officers, at the Time of the searching for and seizing of the said Goods, Books, or Household Stuff, as aforesaid.

D. for Lady Cobham.

Upon Information given to this House, "That divers of the Goods and Household Stuff belonging to Dame Francis Cobham Widow, late Wife of John Lord Cobham, deceased, were unjustly seized and taken away from the Houses of the said Lady Cobham, at Kerkington, in the County of Lyncolne, and in London, by Captain John Nelthorpe and his Agents:"

It is ORDERED, by the Lords in Parliament assembled, That the said Lady Cobham hath hereby Liberty and Authority, by her Servants and Agents, to make Search for any of her said Goods and Household Stuff, in the Dwelling-houses or Out-housing of the said Captain Nelthorpe, both in London and in the Country; and where any such Goods or Household Stuff shall be found, to seize upon them, take, and bear them away, to the Use of the said Lady Cobham; the said Servants or Agents taking with them One of His Majesty's lawful Officers, at the Time of the searching for and seizing of the said Goods and Household Stuff as aforesaid.

Order to discharge the Sequestration of Lands belonging to Maynard.

Upon reading the Petition of Wm. Lord Maynard, on the Behalf of Banastre Maynard Esquire, his Son; and the Affidavit annexed; shewing, "That some Messuages and Lands, in the Manor of Wood Plumpton, in the County of Lancaster, late in the Tenure of Richard Latus, James Whaley, and Robert Eccleston, for their Lives, were sequestered for their Recusancy;" which Persons being now dead, and the Right to the said Messuages and Lands returning to the said Banastre Maynard, are notwithstanding still kept under Sequestration:

It is ORDERED, by the Lords in Parliament assembled, That the Sequestration of the said Messuages and Lands beforementioned be, and is hereby, discharged; whereof the Sequestrators of the County aforesaid, and all other Persons concerned are to take Notice, and yield their Obedience hereunto accordingly.

Order to prevent Waste in Cawood Castle, &c.

Upon reading the Petition of Richard Harbred, Wm. Smith, and others, Tenants to the Manor of Cawood, in the County of Yorke; shewing, "That the Castle of Cawood hath been lately demolished and pulled down, and the Materials carried away, by George Hewley and Wm. Rowden, and their Agents:"

It is ORDERED, &c. That there shall be no further Waste committed in or upon the said Castle of Cawood; nor that the Materials or any Part of them shall be taken or carried away from the said Castle, until the Pleasure of this House be further signified.

Cary versus Cromwell & al.

Upon reading the Petition of John Cary Esquire, and Sir Ric'd Tracy Baronet, Son and Heir of Sir Humphrey Tracy Baronet, and Dame Elizabeth his Wife, both deceased:

It is ORDERED, by the Lords in Parliament assembled, That the Cause between the Petitioners John Cary by his Guardian Plaintiff, and Henry Cromwell Esquire, Anne Cromwell, and others, Defendants, shall be heard, at this Bar, on Tuesday come Sevennight, which will be the Fourth of September next; and that all Parties concerned in the Business are to have timely Notice, for providing themselves with Counsel and Witnesses against the said Hearing.

Rodney versus Cole, Stukely, & al.

Upon reading the Petition of Sarah Rodney Widow, Relict of George Rodney, deceased:

It is ORDERED, &c. That the Cause between the said Sarah Rodney Plaintiff, and John Cole of Odiham, in the County of South'ton, and John Stewkley Esquire, and others, Defendants, shall be heard, at this Bar, on Monday the 3 Day of September next, at Nine of the Clock in the Morning; and that all Parties concerned in the Business are to have timely Notice, for providing themselves with Counsel and Witnesses against the said Hearing.

Order for Fenwick, Sheriff of Northumb, to give Bail for his Appearance.

Whereas, by Order of this House, dated the Tenth Day of August Instant, the Serjeant at Arms attending this House, his Deputy or Deputies, were authorized to take into safe Custody the Body of Edward Fenwick Esquire, High Sheriff of Northumberland, and forthwith bring him to the Bar of this House; and whereas the public Assizes for that County is now at Hand, at which the said High Sheriff by the Duty of his Place is to give his Personal Attendance:

It is therefore ORDERED, &c. That the said Serjeant at Arms, his Deputy or Deputies, may take Bail of the said Edward Fenwicke, for his Personal Appearance at this House, within Twenty Days next after the Assizes for the said County shall be finished: And this to be a sufficient Warrant in that Behalf.

L. Mohun versus Keigwin and Dandy.

ORDERED, by the Lords in Parliament, That the Lord Mohun shall be heard, by his Counsel, at this Bar, on Saturday, being the First Day of September next, to produce Precedents concerning what Damages have been awarded in Judgement given by the House of Peers, in being sued by common Process; and that then this House will consider further of this Business; and that the Officers in whose Custody any Records are, which shall be pertinent to the said Case, be, and are hereby, required to attend this House, bringing with them the said Records, at the Time aforesaid: And for their so doing, this shall be their Warrant.

Breton versus Campion, concerning Rectory of Hodnet.

Upon reading the Petition of John Breton Clerk; shewing, "That Henry Vernon Esquire, Patron of the Rectory of Hodnott, in the County of Salop, presented the Petitioner to that Rectory, and is legally instituted, but still kept out; and one Samuell Campion receives the Profits thereof, contrary to the just Right of the Patronage:"

It is ORDERED, &c. That if the present Incumbent can give good and sufficient Security to the High Sheriff of that County, to be responsible for the Profits of the said Rectory if the Trial at Law goes against him, then he shall have Liberty to take this Summer's Profits; else the said Profits are to be secured in the Hands of the Churchwardens and Overseers of the Poor of the said Parish of Hodnett, to the Use of him upon whom the Law shall cast the Rights of the Profits of the said Rectory.

Hayhurst versus Alexander, concerning the Living of Iping cum Chithurst.

Upon reading the Petition of Joseph Hayhurst, and a Certificate thereunto annexed, under several of the Inhabitants Hands of Iping cum Chithurst, in the County of Sussex; shewing, "That one Leonard Alexander Clerk, upon a false Information, had procured the general Order of this House, for securing the Tithes and other Profits of Iping cum Chithurst aforesaid, notwithstanding he was never in Possession thereof:"

It is ORDERED, &c. That the said general Order, procured upon false Information by the said Leonard Alexander, is hereby revoked and made void as to him; and that the Petitioner Joseph Heyhurst shall and may peaceably and quietly enjoy the aforesaid Tithes and other Profits of the said Parish, until by a legal Way he shall be evicted; the said general Order or any other Thing to the contrary notwithstanding.

Order for Westminster Streets to be repaired.

The Lords in Parliament, taking Notice that the Streets and Lanes, and other public Passages, in and near the City of Westm. and the Liberties thereof, and especially the Lane commonly called St. Margarett's Lane, leading to the Parliament House, are very dangerous, and much out of Repair:

It is ORDERED, &c. That the Justices of Peace, High Burgesses, and all others herein concerned, within the said City of Westm. and Liberties thereof, shall forthwith, upon Sight of this Order, take effectual Care that the said Streets and Lanes be speedily repaired according to Law, as they will answer the contrary at their Perils.

Pepis versus Wood.

Upon reading the Petition of Samuell Pepis, of Preston Bisset, in the County of Bucks, Clerk:

It is ORDERED, That Jonathan Wood, complained of therein, shall have a Copy of the said Petition, to the End that both Parties may be heard before any Judgement be given by this House thereupon.

Cawdrey versus Smith.

Upon reading the Petition of Zachary Cawdrey, Rector of Barthomly, in Cheshire:

It is ORDERED, &c. That the said Zachary Cawdry, and John Smith complained of in the said Petition, shall be heard, at this Bar, on Friday the 14th Day of September next, at Nine of the Clock in the Morning; and that all Parties concerned in the said Petition are to have timely Notice, for providing themselves with Counsel and Witnesses against the said Hearing.

Adjourn.

House adjourned till 4a post meridiem.

Post meridiem.

PRAYERS, by Mr. Buck.

Domini præsentes fuerunt:

Marq. Winton.
Marq. Dorchester.
L. Steward.
L. Chamberlain.
L. Great Chamberlain.
Comes Northumberland.
Comes Oxon.
Comes South'ton.
Comes Lyncolne.
Comes Suffolke.
Comes Dover.
Comes Berks.
Comes Bollingbrooke.
Comes Winchilsea.
Comes Derby.
Comes Scarsdale.
Comes Bedford.
Viscount Say & Seale.
Comes Westm'land.
Comes Bridgwater.
Comes Rutland.
Comes Denbigh.
Comes Stamford.
Comes Newport.
Comes Cleveland.
Comes Banbury.
Comes North'ton.
Ds. Robertes.
Ds. Pagett.
Ds. Seymour.
Ds. Wharton.
Ds. Craven.
Ds. Berkley of Stratton.
Ds. Grey.
Ds. Fynch.
Ds. Herbert.
Ds. Arrundell.
Ds. Culpeper.
Ds. Hatton.
Ds. Maynard.
Ds. Mohun.
Ds. Howard de Charlt.
Ds. Byron.
Ds. Carrington.
Ds. Langdale.
Ds. Lovelace.
Ds. Chandos.
Ds. Windsor.
Ds. Lexinton.
Ds. Wentworth.
Ds. Abergaveny.
Ds. Howard de Esc.

L. Mohun versus Keigwin and Dandy.

ORDERED, by the Lords in Parliament, That the Lord Mohun shall be heard, by his Counsel, at this Bar, on Saturday, being the First Day of September next, to produce Precedents concerning what Damages are to be given him by the House of Peers, in being sued by common Process; and that then this House will consider further of this Business; and that the Officers in whose Custody any Records are, which shall be pertinent to the said Case, be, and are hereby, required to attend this House, bringing with them the said Records, at the Time aforesaid: And for their so doing, this shall be their Warrant.

Bill against Usury.

Hodie 1a vice lecta est Billa, "An Act for restraining the taking of excessive Usury."

Message to H. C. for a Conference about the Bill of Indemnity.

A Message was brought from the House of Commons, by the Lord Viscount Falkland, &c.

To desire a Free Conference, touching the Matter of the last Free Conference, touching the Bill of Indemnity.

The Answer returned was:

Answer.

That their Lordships will give a present Free Conference, in the Painted Chamber, as is desired.

The same Lords as managed the last Free Conference are to manage this ensuing Free Conference; and to speak what they think fit, to improve what was delivered as the Sense of this House at the last Conference.

The House of Commons being ready in the Painted Chamber for the Free Conference, the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Heveningham's Petition.

ORDERED, That Mr. Heveningham's Petition be taken into Consideration To-morrow Morning.

Order to restore L. Craven to the Possession of his Goods, &c.

Upon Information given to this House, "That divers of the Goods and Household Stuff, and Arms, belonging to the Lord Craven, to a very great Value, have, since these unhappy Times, been taken and carried away from the Houses of the said Lord Craven:"

It is ORDERED, &c. That the Lord Craven shall have Liberty, by his Servants and Agents, to make diligent Search for any of his said Goods and Household Stuff, and Arms, in all such Places where he or they have just Cause to suspect any of them to be kept concealed; and where any of them shall be found, to seize, take, and bear them away, to the Use of the said Lord Craven; the said Servants or Agents taking with them One of His Majesty's lawful Officers, at the Time of the searching for and seizing of the said Goods and Household Stuff, and Arms, as aforesaid.

D. for the Countess of Derby.

Upon Information given to this House, "That sundry of the Goods and Household Stuff belonging to the Countess Dowager of Derby were, in and since the Time of the late unhappy Wars, unjustly taken from her:"

It is ORDERED, &c. That the said Countess Dowager of Derby hath hereby Liberty, by her Agents and Servants, to make diligent Search for any of her said Goods or Household Stuff, in all such Places where she or they may have Cause to suspect any of the said Goods or Household Stuff to be concealed; and where any thereof shall be found, to seize, take, and bear them away, to and for the Use of the said Lady Derby; the said Agents or Servants taking with them One of His Majesty's lawful Officers, at the Time of the searching for and seizing of the said Goods and Household Stuff as aforesaid.

Order for repairing the Streets in London, Westminster, &c.

The Lords in Parliament, taking Notice that the Streets, Lanes, and other public Passages, in or near the Cities of London and Westm'r, and the Liberties thereof, and especially in Holborne, and the Lane com- monly called St. Marg'ret's Lane leading to the Parliament House, as also the Highways about the said Liberties of London and Westm'r, are very much out of Repair:

It is ORDERED, &c. That the Justices of Peace, and all others herein concerned, shall forthwith, upon Sight of this Order, take effectual Care, that the said Streets and Lanes and Highways, especially within One Mile of the said Cities, or either of them, be speedily repaired, according to Law, as they will answer the contrary at their Perils: And it is further ORDERED, That the Justices of Peace, and other Persons concerned, do take Care that no Place be used for a Lay-stall, or for laying of Soil or other offensive Things, in or near the said Cities, or either of them, which hath not been used for that Purpose above or before the Space of Twenty Years last past; and that such Places now used for those Uses, which have not been so used before Twenty Years last past, be cleansed; and all Soil and other offensive Things removed thence within the Space of Two Months next ensuing.

Adjourn.

House adjourned till 9a cras.

Footnotes

* Bis in Originali.
* Sic.
* Sic.
* Deest in Originali.