DIE Mercurii, 5 die Decembris.
PRAYERS, by Dr. Hodges.
Domini præsentes fuerunt:
D. of Yorke.
D. of Cumberland.
D. of Bucks.
D. of Albemarle.
Marq. of Worcester.
Marq. of Dorchester.
Marq. of Winton.
L. Great Chamberlain.
L. Chamberlain of the Household.
Viscount Say & Seale.
Comes St. Albans.
Ds. Howard de Charlt.
Ds. Howard de Esc.
Ds. (fn. *)
Ds. (fn. †)
Ds. Berkley of Stratton.
Ds. Herbert of Cherbury.
Vanteythusen & al. Nat. Bill.
vice lecta est Billa, "An Act for naturalizing
of George Vanteythusen and others."
It is ORDERED, That the Consideration of this Bill
is committed to the [ (fn. *) Committee for the] former Bill
for Naturalization, and to meet To-morrow Morning,
at Nine of the Clock. And the Earl of Bristoll, Viscount
Stafford, Viscount Mordant, and the Lord Hatton, are
added to the said Committee.
Bill to vacate Sir E. Powel's Fines.
ORDERED, That Justice Hyde and Justice Browne
have Notice to attend, this Afternoon, at Three of the
Clock, the Committee concerning the Fines of Sir Edward Powell, to assist them.
Sir G. Hamilton's Bill.
vice lecta est Billa, "An Act for restoring
Sir George Hamilton to his Estate in Ireland."
And the Question being put, "Whether this Bill
should pass for a Law?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Dr. Lewin and Mr. Woolrich:
To deliver to them the Bill concerning Sir George
Hamilton, and (fn. †) desire their Concurrence therein.
Cary versus Cromwell.
Next, this House heard the Cause further, between
John Cary Esquire and Ann Crumwell, by Counsel on
both Sides, at this Bar.
And, after a long and serious Debate upon the whole
The Question being put, "Whether this last Decree in Chancery, upon the Bill of Review
complained of now before this House, shall
be set aside?"
It was Resolved in the Affirmative.
Upon hearing of the Counsel of John Carey Esquire
and Sir Richard Tracy Baronet, Son and Heir of Sir
Humphrey Tracy Baronet, and Dame Elizabeth his Wife,
both deceased, Plaintiffs, and the Counsel of Anne Cromwell Defendant, this Day at the Bar, upon the Petition
of the said John Carey and Sir Richard Tracy; shewing,
"That in a Cause depending in the Chancery, in
Michaelmas Term, in the One and Twentieth Year of
King James, between the Petitioner John Carey by his
Guardian Plaintiff, and Henry Cromwell Esquire, Anne
Cromwell, and others, Defendants, for the Settlement
of the Manor or Farm called Poyle Farme, and the
Messuage called The Katherine Wheele, with the Lands
thereunto belonging, in the Parish of Stanwell, in
the County of Midd. according to an Agreement
made, and a Trust reposed, by Thomas Lord Knyvett,
in his Lady, upon the weighty Reasons of Justice and
Equity, in the Decree of the Twenty-one Year of
King James expressed, made upon a full Hearing, wherein it was decreed, That the said Manor and Premises
should be settled on the said Petitioner the said John Carey
and the said Dame Elizabeth, and the Heirs of their
Two Bodies, as in the said Decree appears; against
which the said Henry Cromwell exhibited his Bill of
Review, to reverse the said Decree; which Bill was
dismissed by the Lord Keeper Coventry; and the said
Petitioner John Carey and Dame Elizabeth did hold
and enjoy the said Lands and Premises for above Six
and Twenty Years, till 1649; at which Time the said
Anne Cromwell did procure the said original Decree
to be adnulled and reversed, upon feigned, irregular,
and erroneous Exceptions and Allegations, contrary
to Justice and Right;" and after a due and serious
Consideration of the whole Matter, and the Lords being
well satisfied in the Justice and Right of the said First
Decree, made in the One and Twenty Year of King
It is ORDERED and Adjudged, by the Lords in Parliament assembled, That the Reversal of the said original Decree, and all Proceedings thereupon, are (by
virtue hereof) revoked, set aside, and made void, and to
be taken off the File, and Records of the Court of Chancery relating unto the same; and that the Petitioner
John Cary shall have free Liberty to enforce the Execution of the said original Decree, made in the said One
and Twenty Year of King James; any Thing in the
former Proceedings in this Cause to the contrary notwithstanding: And herein Obedience is to be given to
this High Court, as the contrary will be answered before their Lordships.
House adjourned till 10 cras, Aurora.