House of Lords Journal Volume 11
15 June 1661

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 11: 15 June 1661', Journal of the House of Lords: volume 11: 1660-1666 (1767-1830), pp. 280-282. URL: http://www.british-history.ac.uk/report.aspx?compid=14124 Date accessed: 29 August 2014.


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DIE Saturni, 15 die Junii.

Domini præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Ds. Cancellarius.
Ds. Thesaurarius Angliæ.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Richmondiæ.
Dux Albemarle.
Marq. de Winton.
Marq. Worcester.
Marq. Dorchester.
L. Great Chamberlain.
L. Steward.
L. Chamberlain.
Comes Oxon.
Comes Derby.
Comes Bedford.
Comes Pembrooke.
Comes Lyncolne.
Comes Suffolke.
Comes Dorsett.
Comes Exon.
Comes Bridgwater.
Comes North'ton.
Comes Warwicke.
Comes Devon.
Comes Bristoll.
Comes Clare.
Comes Bolingbrooke.
Comes Westm'land.
Comes Berks.
Comes Cleveland.
Comes Marlborough.
Comes Dover.
Comes Petriburgh.
Comes Newport.
Comes Chesterfeild.
Comes Thanett.
Comes Portland.
Comes Strafford.
Comes Scarsdale.
Comes Cardigan.
Comes Anglesey.
Comes Bathon.
Comes Carlile.
Viscount Hereford.
Viscount Mountagu.
Viscount Say et Seale.
Viscount Campden.
Viscount de Stafford.
Viscount Mordant.
Ds. Abergaveny.
Ds. Awdley.
Ds. Berkeley.
Ds. Sandys.
Ds. Stourton.
Ds. Crumwell.
Ds. Euers.
Ds. Wharton.
Ds. Willoughby.
Ds. Chandois.
Ds. Hunsdon.
Ds. Petre.
Ds. Arundell.
Ds. Brooke.
Ds. Howard de Charlt.
Ds. Grey.
Ds. Craven.
Ds. Lovelace.
Ds. Poulett.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Powis.
Ds. Seymour.
Ds. Newport.
Ds. Leigh.
Ds. Hatton.
Ds. Loughborough.
Ds. Byron.
Ds. Vaughan.
Ds. Carrington.
Ds. Widdrington.
Ds. Ward.
Ds. Colpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard de Brandon.
Ds. Lexington.
Ds. Crafts.
Ds. Berkley de Strat.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Towenesend.
Ds. Ashley.

PRAYERS, by Dr. Hodges.

E. of Banbury's Witnesses concerning his Writ of Summons.

Upon Report of the Committee of Privileges, "That the Earl of Banbury desires some Witnesses may be examined on his Behalf, among whom is the Countess of Salisbury:"

It is ORDERED, That the Committee have hereby Power to send for such Witnesses as they think fit, observing such Decorum as the Quality of the Person requires; and further, that Mr. Attorney General do attend that Committee on Monday next in the Afternoon.

E. of Oxon's Petition, concerning the Office of Gr. Chamberlain.

The Earl of Pembrooke acquainted the House, "That the Earl of Oxon had desired his Lordship to present a Petition on his Behalf to this House."

Hereupon the House commanded the same to be read; which was done accordingly, in hæc verba; videlicet,

"To the King's Most Excellent Majesty.

"The humble Petition of Awbrey De Vere, Earl of Oxford;

"Sheweth,

"That Your Petitioner is lawfully entitled to the Office and Place of Great Chamberlain of England, with all the Rights and Privileges thereunto belonging.

"That, in or about the First Year of the Reign of Your Royal Father, a Petition was exhibited to His Majesty, against Your Petitioner's Father, by the Father of the Earl of Lyndsey that now is; in which Petition, the Earl of Lyndsey's Father claimed both the Earldom of Oxford, and Office of Great Chamberlain of England. And the Matter of that Petition was referred, by Your Majesty's Royal Father, to the Peers then sitting in Parliament, to the End that they, by the Advice of the Judges assistant, might certify their Opinions to His Majesty.

"That, upon this Reference, the Right of Your Petitioner's Father to the Earldom of Oxford was certified to be clear, and that without One diffenting Voice.

"But as to his Right to the Office of Great Chamberlain, there was an equal Difference of Opinion for some Time; the Lord Chief Baron Walter and the Lord Chief Justice Crewe being fully satisfied that the Right was in Your Petitioner's Father, though Justice Dodderidge and Justice Yelverton were of another Mind; until at last, by the casting Voice of Baron Trevor, who came in at the End of the Debate, as Your Petitioner hath been informed, the Opinions were made Three against Two; and thereupon their Lordships were induced to advise His late Majesty to confer the said Office on the Earl of Lyndsey.

"Ever since which Time, the said Office of Great Chamberlain hath been held by the said Earl of Lyndsey, and his Son Mountague Earl of Lyndsey, who claimeth it as his Inheritance.

"Now, forasmuch as the Right of Your Petitioner stands prejudiced by that single Opinion only, and that the Weight of this Case may well deserve a more full and clear Determination; Your Petitioner humbly prayeth, That Your Majesty would be graciously pleased to appoint the Case concerning the said Office of Great Chamberlain of England to be re-heard by the Peers now sitting in Parliament; and that they, with the Assistance of the Judges, may re-examine Your Petitioner's Title to the said Office, that so, Your Majesty being fully informed, Right may be done to Your Petitioner in the Premises; and that the said Mountague now Earl of Lyndsey may shew what Right and Title he hath unto the said Office and Chamberlainship, and make Answer unto the Premises.

"And Your Petitioner shall ever pray for Your Majesty's long and happy Reign.

King's Reference of it to this House.

"At the Court at Whitehall,

"June 10th, 1661.

"His Majesty is graciously pleased to refer this Petition to the Peers sitting in Parliament, to hear the Petitioner and the Earl of Lyndsey concerning the Of- fice of Lord Great Chamberlain, and do therein according to Justice and Honour.

"Will. Morice."

E. of Derby's Petition concerning the Office of Gr. Chamberlain, and Reference.

Also a Petition of the Earl of Derby, concerning the Office of Great Chamberlain of England, was read; videlicet,

"To the King's Most Excellent Majesty.

"The most humble Petition of Charles Earl of Derby;

"Sheweth,

"That Edward Vere, late Earl of Oxford, and Lord High Chamberlain of England, had Issue only One Son, Henry, and Three Daughters, videlicet, Elizabeth, B'idget, and Susan, and died Anno Domini 1604; after whose Death, his Son Henry was Earl of Oxford and Lord High Chamberlain, and died some Years since without Issue; by and since whose Death, the said Office of Lord High Chamberlain ought to descend and come unto Your Petitioner, he being Grandson and Heir of Elizabeth the Eldest (fn. *) Sister of the said Henry.

"Wherefore he humbly prayeth, That Your Sacred Majesty would be graciously pleased to refer the Hearing and Determining of Your Petitioner's Right and Title to the said Office to the most Noble Peers assembled in Parliament, who, with the Assistance of the Reverend Judges, may do Your Petitioner Right, according to the Merit of his Cause.

"And Your Majesty's Petitioner (as however by Duty and Allegiance bound) shall ever pray for Your Majesty's long and happy Reign.

"Derby."

"At the Court at Whitehall, the 13th of June 1661.

"His Majesty is graciously pleased to refer this Petition to the Peers sitting in Parliament, to hear the Petitioner and the Earl of Lyndsey concerning the Office of Lord Great Chamberlain, and to do therein according to Justice and Honour.

"Edw. Nicholas."

ORDERED, That the Earl of Lyndsey may have Copies of the said Two Petitions, if he please.

E. of Derby's Bill.

The Earl of Pembrooke reported, "That the Lords Committees for the Earl of Derbie's Bill have heard Counsel on both Sides, and also the Opinion of the Judges; videlicet, That the passing of the said Bill no Way intrenches upon the Act of Indemnity, or the Act of Judicial Proceedings. And the Opinion of the Committee is the same."

It is ORDERED, That the Committee do proceed to consider of the Matter of the said Bill, and afterwards make Report thereof to this House.

Bill concerning Persons in holy Orders helding Temporal Offices.

Hodie 2a vice lecta est Billa, "An Act to repeal an Act, intituled, An Act for disabling all Persons in holy Orders to exercise any Temporal Jurisdiction or Authority."

ORDERED, That this Bill be committed to a Committee of the whole House; to be taken into Consideration on Tuesday Morning next.

Bill for a free Gift to the King.

Hodie 2a vice lecta est Billa, "An Act for a free and voluntary Present to His Majesty."

ORDERED, That this Bill be committed to a Committee of the whole House; to be taken into Consideration as soon after as the Bill for repealing the Act for disabling Persons in Holy Orders is dispatched.

List of Sanguinary Laws concerning Religion:

According to the Order Yesterday, a List of the Sanguinary Laws concerning Religion was presented to the House by the Judges; whereupon these Statutes were read this Day: 1 Elizabeth, Cap. 1. 5 Eliz. Cap. 1.

Roman Catholics to be heard, concerning them.

ORDERED, That Friday next, being the 21th of this Instant June, is appointed, to hear what Objections can be made by the Romain Catholics concerning the Sanguinary Laws; and the Method of their Address to this House is left to themselves.

Westm. Streets Bill.

Hodie 1a vice lecta est Billa, "An Act for the cleansing the Streets in Westminster."

Date versus Wandley.

Upon reading the Petition of Giles Date; shewing, "That, by an Order of this House, the Marquis of Worcester was restored to all his Possessions, and the Tenants required to stay the Rents; yet one Andrew Wandley hath sued the Petitioner, for Rent of a House in Black Fryers, upon a pretended Title, being Part of the Possessions of the said Marquis; and the Petitioner is like to be taken in Execution:"

It is ORDERED, That there shall be Stay of all Proceedings at Law commenced by the said Andrew Wandley against the Petitioner (the Lord Marquis being so concerned as aforesaid), during the Time of the Privilege of Parliament, unless the said Wandley shall shew good Cause to the contrary within Three Days after this Order shall be served upon him.

Hatfield Level Bill.

Hodie 2a vice lecta est Billa, "An Act for settling certain drained Grounds, lying within the Level of Hatfeild Chase and Parts adjacent, within the Counties of Yorke, Lyncolne, and Nottingham."

ORDERED, That the Consideration of this Bill be committed to the Lords Committees formerly appointed for the Bill concerning Lyndsey Levell; and the Petition of Leticia Bedlow Widow is referred to the said Committee; who are to hear all other Parties herein concerned, and to send for Witnesses, and adjourn themselves from Time to Time, as they please. And the Earl of Newport, the Earl of Carlile, and Viscount Mordant, and the Lord Sandys, are added to the said Committee.

Bill to establish Fens drained by Sir Anth. Thomas.

Hodie 2a vice lecta est Billa, "An Act for the Establishment of the Level of Fen Lands, formerly drained by Sir Anthony Thomas Knight, deceased."

ORDERED, That the Consideration of this Bill is referred to the same Committee as the Bill for Lyndsey Levell is; to hear all Parties therein concerned, and then to report the same to the House.

E. of Stamford excused.

ORDERED, That the Earl of Stamford is excused for his Absence, he being not well.

ORDERED, That the Lord Howard of Charlt. is added to the Sub-committee for the Journal Book.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 17um diem instantis Junii, hora decima Aurora, Dominis sic decernentibus.

Footnotes

* Origin. Daughter., Vide p. 228. a.