House of Lords Journal Volume 11
17 December 1660

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1767-1830

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'House of Lords Journal Volume 11: 17 December 1660', Journal of the House of Lords: volume 11: 1660-1666 (1767-1830), pp. 212-215. URL: http://www.british-history.ac.uk/report.aspx?compid=14088 Date accessed: 25 July 2014.


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DIE Lunæ, 17 die Decembris.

PRAYERS, by Dr. Hodges.

Domini præsentes fuerunt:

D. Richmond.
L. Treasurer.
Marq. Worcester.
Marq. Dorchester.
L. Steward.
L. Great Chamberlain.
L. Chamberlain of the Household.
Comes Northumb.
Comes Sarum.
Viscount Stafford.
Comes Lyncolne.
Comes Portland.
Comes Bedford.
Comes Berks.
Viscount Say & Seale.
Comes Cleveland.
Comes Bridgwater.
Comes Chesterfeild.
Comes Suffolke.
Comes Bristoll.
Comes Newport.
Comes Carnarvon.
Comes Scarsdale.
Comes Monmouth.
Viscount Conway.
Viscount Mountagu.
Comes Exeter.
Comes Pembrooke.
Viscount Fauconbridge.
Viscount Hereford.
Comes Shrewsbury.
Comes Oxon.
Comes Midd.
Comes Strafford.
Ds. Cancellarius.
Ds. Robertes.
Ds. Hatton.
Ds. Lovelace.
Ds. Rockingham.
Ds. Bellasis.
Ds. Crumwell.
Ds. Lucas.
Ds. Brudnell.
Ds. Hunsdon.
Ds. Astley.
Ds. Maynard.
Ds. Coventry.
Ds. Newport.
Ds. Loughborough.
Ds. Howard of Esc.
Ds. Howard of Charlt.
Ds. Abergaveny.
Ds. Euers.
Ds. Windsor.
Ds. Capell.
Ds. Mohun.
Ds. Grey.
Ds. Arrundell.
Ds. Lexington.
Ds. Poulett.
Ds. D'acres.
Ds. Herbert of Cherb.
Ds. Morley.
Ds. Clifford.
Ds. Chandois.
Ds. Craven.
Ds. Warde.
Ds. Tenham.
Ds. Carrington.
Ds. Wentworth.
Ds. Crofts.
Ds. Sandys.
Ds. Petre.
Ds. Berkley of Berkley.
Ds. Gerard of Brandon.
Ds. Wharton.
Ds. Culpeper.

Ly. Bannestre and Sir Trevor Williams & al.

Upon reading the Petition of Dame Margarett Bannestre, Widow:

It is ORDERED, That the like Order shall be made in this Case, as was in Mr. Coventrie's Case.

Kynmersley's Bill for furnishing this House.

ORDERED, That the Petition of Mr. (fn. *) Kynmersley, with his Bill for Monies which he hath laid out for the repairing and sitting of this House, is hereby recommended to the Lord Treasurer, to move the King herein, for His Warrant for the Payment of it.

Drake's Impeachment.

Next, the House took into Consideration the Impeachment of Wm. Drake, brought up from the House of Commons against him.

The said Impeachment was read.

The House debated the Business; and put off the further Consideration of this Business until Wednesday Morning next.

Messages from H. C. with Bills and Orders.

A Message was brought from the House of Commons, by Wm. Pierepont Esquire, &c.; who brought up these Bills, wherein they desire their Lordships Concurrence:

1. An Act for taking away the Court of Wards and Liveries, and Tenures in Capite and Knights Service, and Purveyance; and for settling a Revenue upon His Majesty in Lieu thereof.

2. A Grant of certain Impositions upon Beer, Ale, and other Liquors, for the Increase of His Majesty's Revenue, during His Life, &c.

A Message was brought from the House of Commons, by Sir Edward Tourner Knight, &c.; who brought these Bills:

1. To return the Bill of Attainder of the Murderers of the late King; to the Amendments whereof, they agree with their Lordships.

2. An Act for enabling Sir Anthony Browne to sell Lands, for the Payment of Debts.

3. An Act for naturalizing Francis Hyde, &c.

A Message was brought from the House of Commons, by Sir Solomon Swale, &c.; who brought up several Orders, wherein they desire their Lordships Concurrence:

1. An Order to pay Two Thousand Pounds, upon Bills of Exchange, expended by Sir Robert Honywoode, &c. (Here enter it.)

Read, and Agreed to.

2. An Order to pay Five Hundred Twenty-eight Pounds, Thirteen Shillings, Three Pence, to Colonel John Streater and John Macocks, for Printing.

The Answer returned was:

Answer.

That this House agrees to the Order concerning Sir Rob't Honywood: To the other, concerning Printing, their Lordships will send an Answer by Messengers of their own.

Answer from H. C.

The Messengers sent to the House of Commons return with this Answer:

That they agree with their Lordships in the Alterations concerning the Bill for the Protestants of Piedmont.

Message to them, with Bills.

A Message was sent to the House of Commons, to deliver to them the Bill for naturalizing Boreel; and to desire their Concurrence therein.

2. To let them know, that their Lordships have passed the Bill for naturalizing the Merchant Strangers, and the Bill concerning the Vicarage of Royston.

Evett versus Aylworth, in Error.

The Lord Chief Justice acquainted the Lord Chancellor, "That there was a Writ of Error at the Door, (fn. *) ready to be brought into this House."

And the Lord Chancellor acquainting the House therewith, the House gave him Leave to bring it in.

And accordingly the Lord Chief Justice went forth, and brought the Record with the Transcript, and laid it down upon the Wool-sack; and after it was brought to the Clerk's Table. The Writ of Error was between Aylworth Defendant and Evett Plaintiff.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir George Downing Knight; who returned a Bill for restoring Sir George Hamilton to his Estate, to which they do agree.

Message from thence, to sit P. M ;--and to remind the Lords of Bills.

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

To desire their Lordships would please to sit in the Afternoon, to dispatch the many Business which are depending, in regard of the Shortness of the Time for this Parliament's Continuance; and to put their Lordships in Mind of many Bills that are undispatched.

The Answer returned was:

Answer.

That this House will sit this Afternoon.

Lords Privilege concerning the Militia.

The Lord Chamberlain reported from the Committee of Privileges, an Order, which they offer to their Lordships Consideration, concerning their Lordships Privileges, in not being imposed upon the (fn. †) Peers in finding Horses and Arms. (Here enter it.)

The Order was read, and Agreed to; and ordered accordingly.

Order for 2200 £. to Sir J. Honywood.

"ORDERED, by the Lords and Commons in Parliament assembled, That the Sum of Two Thousand Two Hundred Pounds, due to several Persons, on Bills of Exchange drawn by Sir Robert Honywood, and the other late Commissioners in Sweden, for their Allowance, from the 19th of April, 1660, and for Mourning at the King of Sweden's Death; videlicet, Three Hundred Pounds on Bill dated the 8th of May, 1660, payable to William Allott; Four Hundred Pounds on Bill dated 8th of May, 1660, payable to the said William Allott; Six Hundred Pounds on Bill dated 8th of May, 1660, payable to Mr. Robert Swale; and the several Sums of Six Hundred and Three Pounds payable to the said Mr. Swale, extending the Allowance to the 19th of August, 1660 (when the said Sir Rob't Honywood caused His Majesty's Plate and Household Stuff to be delivered at Whitehall), be charged on the Receipt of Excise arising by Foreign Commodities imported, and paid, together with Interest after Six per Cent. from the Date hereof, to the Time of Payment, in Course, after the other Sums shall be satisfied, which are charged on the Excise by former Orders of this Parliament, to the several Persons to whom the said Bills are payable in the said Bills respectively or his Assigns, in Satisfaction of the said several Bills: And the Commissioners of the Excise for the Time being are empowered and required to pay the same accordingly; and this Order, with the Acquittances of the said several Persons or their respective Assigns testifying their Receipts of the said several Bills, shall be to the said Commissioners a sufficient Warrant and Discharge."

Lords not to be assessed for Arms, &c.

Upon the Report from the Lords Committees to consider of the Privileges of the Peers of this Realm:

It is ORDERED and Declared, by the Lords in Parliament assembled, That it is the undoubted Right of the Peers of this Realm, not to be charged with any Horse, Arms, or other Martial Charge whatsoever, by any Lords Lieutenants, Deputy Lieutenants, or any other inferior Officers or Persons whatsoever: And hereof they and every of them are to take Notice, and to forbear to do any Thing to the contrary, at their utmost Perils.

Ly. Banaster versus Sir T. Williams & al. Coheirs of L. Hopton.

Upon reading the Petition of Dame Margaret Banastre, Widow; shewing, "That the late Lord Hopton being indebted unto the Petitioner (as Executrix of Sir Arthur Hopton deceased) in One Obligation, dated the Second of July, 1657, of the penal Sum of Nine Hundred Pounds, for Payment (fn. *) of Five Hundred and Forty Pounds; and in a penal Bill of Six Hundred Pounds, entered into by the said Lord Hopton to one Mr. Roger Drake, dated 30° March, 1642, for Payment of Three Hundred Twenty-three Pounds, Five Shillings, and Eleven Pence, which Money was paid to the said Mr. Drake by the said Sir Artbur Hopton, and the Bill assigned over to him, and afterwards to the Petitioner for Security; and that the said Lord Hopton's Estate, both Real and Personal, being, in the Year 1642, sequestered and consiscated by the then Parliament, he was thereby disabled to pay any Part of the said Debt; the Petitioner thereupon, encouraged by the said Lord Hopton and his Agents, did, in the Year 1653, set forth the said Debts, and obtained from the Trustees then sitting in Drury House (in Lieu of the said Bonds), a Conveyance of certain Copyhold Lands and Tenements in Reversion, Parcel of the Manor of Ditcheat, in the County of Somersett, of the present Yearly Rent of Six Pounds, Five Shillings, or thereabouts, which the Petitioner received only towards Discharge of the said Debts, till finding, by the Order of this House dated the 18th of July last past, that the Coheirs of the said Lord Hopton have taken Possession of that Part of the Estate of the said Lord Hopton as was conveyed to the Petitioner for her Security and Satisfaction:"

It is ORDERED and Declared, by the Lords in Parliament, That it neither was or is intended, that the said Order shall be any Prejudice, Lett, or Hinderance, to the Petitioner, as to any just Debt due unto her from the said Lord Hopton; but that the Possession be restored unto her from which she or her Tenants were removed by virtue of the said Order of the 18th of July last; and that the Sheriff of Somersetshire, or his Deputy, shall forthwith put the said Dame Margaret Banestre, or her Tenants, into the Possession of the Premises, notwithstanding the said Order.

Adjourn.

House adjourned till 3a post meridiem.

DIE Lunæ, 17 die Decembris, post meridiem.

PRAYERS, by Dr. Hodges.

Domini præsentes fuerunt:

D. of Yorke.
Marq. of Worcester.
L. Great Chamberlain.
L. Chamberlain.
Comes Northumb.
Comes Bedford.
Comes Scarsdale.
Viscount Say & Seale.
Viscount Stafford.
Comes Derby.
Comes Bridgwater.
Comes Portland.
Viscount Hereford.
Comes Devon.
Comes Shrewsbury.
Comes Strafford.
Viscount Conway.
Comes Marlborough.
Comes Suffolke.
Ds. Cancellarius.
Ds. Vaughan.
Ds. Howard of Esc.
Ds. Byron.
Ds. Robertes.
Ds. Lucas.
Ds. Gerard of Brandon.
Ds. Brudnell.
Ds. Chandois.
Ds. Grey.
Ds. Newport.
Ds. Capell.
Ds. Culpeper.
Ds. Loughborough.
Ds. Berkley of Berkley.
Ds. Wentworth.
Ds. Mohun.
Ds. Windsor.
Ds. Hunsdon.
Ds. Howard of Charlt.
Ds. Berkley of Stratton.
Ds. Hatton.
Ds. Wharton.
Ds. Willoughby.
Ds. Euers.
Ds. Arrundell.

Warner and Love versus Edney, Crofts and Ogden.

Upon Complaint of Mr. Warner and Mr. Love, late Sheriffs of the City of London; shewing, "That, in Obedience to their Lordships Order, they gave Liberty to Mr. Bushell, to have his Liberty of going abroad, to follow his Occasions before their Lordships; yet one Mary Edney, one Crofts, and one Ogden, do sue them for an Escape, and do give out reproachful and scandalous Speeches against the Dignity of this House:"

Whereupon it is ORDERED, That the said Mary Edney, Crofts, and Ogden, shall have Notice to appear before this House To-morrow Morning, at which Time also the Petitioners shall be present, to make good the Allegations in their Petition.

E. of Arundel's Business.

ORDERED, That the Earl of Northumb.'s Report concerning the Earl of Arrundell shall be made Tomorrow Morning.

Bill for taking away the Court of Wards.

Hodie 1a vice lecta est Billa, "An Act for taking away the Court of Wards and Liveries, and Tenures in Capite and by Knights Service, and Purveyance; and for settling a Revenue upon His Majesty in Lieu thereof."

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by the Lord Angier, &c.; who brought up the Bill formerly sent down, concerning the Lord Arrundell of Warder, to which the House of Commons do agree.

Message from thence, with an Order.

A Message was brought from the House of Commons, by Mr. Young:

To desire their Lordships Concurrence in an Order for giving One Thousand Pounds, to buy a Jewel, to be given to Mr. Windham, for receiving the King. (Here enter it.)

Read and Agreed to.

The Answer returned was:

Answer.

That their Lordships do very chearfully concur in the Order now brought up.

Excise Bill.

Hodie 1a vice lecta est Billa, "An Act for a Grant of certain Impositions upon Beer, Ale, and other Liquors, for the Increase of His Majesty's Revenue, during His Life."

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir George Downing and others; who brought up a Bill to prohibit the Planting of Tobacco in the Kingdom of England.

Sir T. Grymes' Bill.

Hodie 3a vice lecta est Billa, "An Act for restoring Sir Thomas Grymes Baronet to his Estate."

The Question being put, "Whether this Bill shall pass for a Law?"

It was Resolved in the Affirmative.

Message to H. C. with it;--and to remind them of another Bill.

A Message was sent to the House [ (fn. *) of Commons,] by Mr. Brampston and Mr. Glascock:

To deliver to them the Bill concerning Sir Tho. Grymes, and to desire their (fn. †) Concurrence therein; and to put them in Mind of the Bill concerning Patents.

Bill to confirm Marriages.

ORDERED, That the Bill concerning Confirmation of Marriages shall be taken into Consideration Tomorrow Morning.

Sir W. Wray's Bill.

The Lord Lucas reported, "That the Committee have considered of the Bill to enable Sir Wm. Wray to sell Land, for Payment of Debts, as fit to pass as it is; all Parties therein concerned having consented to it."

Hodie 3a vice lecta est Billa, "An Act for (fn. ‡) enabling Sir Wm. Wray to sell Land, for the Payment of Debts, &c."

The Question being put, "Whether this Act shall pass for a Law?"

It was Resolved in the Affirmative.

Nassenbery, E. of Lincoln's Servant, arrested.

The Earl of Lyncolne signified to this House, "That Thomas Hutchins, Bailiff, of Lambeth, hath arrested Lewis Nassenbery, his Lordship's menial Servant, contrary to the Privilege of Parliament;" and his Lordship upon his Honour avowing him to be his menial Servant:

Hutchins sent for.

It is ORDERED, That the said Lewis Nassenbery is to be forthwith released of his present Imprisonment; and that Thomas Hutchins be sent for, as a Delinquent, and brought before this House, to answer the said Breach of Privilege.

Order for 1000 £. to Windham, for receiving the King after the Battle of Worcester.

"ORDERED, by the Lords and Commons in this present Parliament assembled, That the Sum of One Thousand Pounds, for the buying of a Jewel for Francis Windham Esquire, in respect of his great and eminent Service, in securing the Person of the King's Majesty after the Battle at Worcester, be, and hereby is, charged on the Arrears of the Excise, which are or shall become due on the 25th of December Instant, and paid to the said Mr. Windham, or his Assigns, in Course, after the Monies shall be satisfied which are already charged on the Grand Excise by former Orders of this Parliament: And the Commissioners of the Excise for the Time being are empowered and required to pay the same accordingly; and the Acquittance of the said Mr. Windham, or his Assigns, testifying the Receipt thereof, shall be to the said Commissioners a sufficient Warrant and Discharge."

Kynnersly to be paid for furnishing this House.

Upon the Bill of Accompt of Clement Kynnersley, Yeoman of His Majesty's Wardrobe of Beds, which amounteth to the Sum of Two Hundred Eighty-six Pounds, Six Shillings, Five Pence, for furnishing of the House of Peers for the Service of His Majesty and the Lords in this present Parliament:

It is ORDERED, by the Lords in Parliament assembled, That the Lord Treasurer is hereby desired, from this House, to move the King, "That His Majesty will be pleased (in regard of the said Kynnersley's willing and ready Service for His Majesty and the House of Peers in this Behalf) that he be put into such a Course, for his having a Privy Seal to issue out, whereby upon the same he may so carry on this Business that he may have what is justly due unto him for this Service speedily paid unto him."

Adjourn.

House adjourned till 10a cras, Aurora.

Footnotes

* Sic.
* Origin. reading.
Sic.
* Deest in Originali.
* Deest in Originali.
Origin. concur.
Origin. enable.