House of Lords Journal Volume 11
1 July 1661

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1767-1830

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'House of Lords Journal Volume 11: 1 July 1661', Journal of the House of Lords: volume 11: 1660-1666 (1767-1830), pp. 293-295. URL: http://www.british-history.ac.uk/report.aspx?compid=14136 Date accessed: 02 August 2014.


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DIE Lunæ, 1 die Julii.

Domini præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Ds. Cancellarius.
Ds. Custos Privati Sigilli.
Dux Richmondiæ.
Dux Albemarle.
Marq. Winton.
Marq. Dorchester.
L. Great Chamberlain.
L. Steward.
L. Chamberlain.
Comes Oxon.
Comes Northumb.
Comes Derby.
Comes Bedford.
Comes Pembrooke.
Comes Suffolke.
Comes Dorsett.
Comes Exon.
Comes Bridgwater.
Comes Leycester.
Comes North'ton.
Comes Devon.
Comes Bristoll.
Comes Midd.
Comes Clare.
Comes Bolingbrooke.
Comes Westm'land.
Comes Berks.
Comes Cleveland.
Comes Marlborough.
Comes Dover.
Comes Petriburgh.
Comes Carnarvon.
Comes Newport.
Comes Chesterfeild.
Comes Portland.
Comes Strafford.
Comes Essex.
Comes Cardigan.
Comes Anglesey.
Comes Bathon.
Comes Carlile.
Viscount Say et Seale.
Viscount Campden.
Viscount de Stafford.
Ds. Abergaveny.
Ds. D'acres.
Ds. Windsor.
Ds. Crumwell.
Ds. Euers.
Ds. Willoughby.
Ds. Pagett.
Ds. Hunsdon.
Ds. Arundell.
Ds. Howard de Charlt.
Ds. Grey de Wark.
Ds. Craven.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Powis.
Ds. Herbert de Cherb.
Ds. Seymour.
Ds. Newport.
Ds. Loughborough.
Ds. Byron.
Ds. Vaughan.
Ds. Carrington.
Ds. Widdrington.
Ds. Ward.
Ds. Colpeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Rockingham.
Ds. Gerard de Brandon.
Ds. Lexington.
Ds. Berkeley de Stratton.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Townsend.
Ds. Ashley.

PRAYERS, by Dr. Hodges.

Keeper of Newgate heard concerning Bushell.

This Day the Keeper of Newgate was heard, to give an Account why he does not obey the Order of this House, concerning Mr. Bushell: And his Answer was, "That there is no Habeas Corpus yet brought to him; neither hath Mr. Bushell given any Security, as is enjoined by the Order of this House."

Petitions from the Northern Counties to the King, for the Re-establishment of the Court at York.

The Earl of Carlile acquainted this House, "That His Majesty had commanded him to deliver Two Petitions to their Lordships, which were presented to Him from divers Noblemen and Gentlemen of the Northern Counties, with a Reference of His Majesty thereupon."

Which were read, as followeth:

"To the King's Most Excellent Majesty.

"The humble Petition of the Nobility, Gentry, and Freeholders, of the Northern Counties;

"Humbly sheweth,

"That Your Majesty's Progenitors, of Famous Memory, did establish a Court of Judicature at Yorke, for the Ease and Advantage of the County, and County and City of Yorke, the Counties of Northumb, Cumberland, and Westm'land, and of Newcastle upon Tyne; that the Inhabitants of those Counties did for above One Hundred Years together enjoy Peace and Plenty, together with that Court, until of late Years it was suspended, and rather disused than formally abolished; that the abovenamed Counties are highly sensible of their deep Sufferings for Want thereof, experimentally feeling their very vital Spirits exhausted, by Decay of Trade, and diverting the Nourishment which th' Influence of a Court diffused and communicated to all the Parts and Members of the Northern Counties; that therefore a Petition from several Grand Juries, hereunto annexed, was in January last presented to Your Sacred Majesty, that You would be graciously pleased again to erect a Court at Yorke, for the Emolument of Your Subjects in those Parts; that, the Eighteenth of January last, it was ordered (Your Majesty being then in Council) that Your Attorney General, calling to his Assistance Mr. Solicitor and others of Your Learned Counsel, should state how the Court formerly held at Yorke was established, how it stands at present, and what Your Majesty may lawfully do for Satisfaction of the Petitioners; that divers of the Nobility and Gentry of those Counties did attend Your Majesty's Attorney General and others of Your Learned Counsel accordingly; and, finding it to be their Sense that it was more agreeable to Your Majesty's Gracious Pleasure to have a Court settled by Parliament, and at the same Time understanding that Your Majesty had given Order for Summons of a Parliament in May next, they forbore further Prosecution upon that Order.

"And therefore Your Petitioners, for themselves and the other Northern Counties, do now in all Humility renew their Request, as well for the Reasons expressed in their former Petition, and divers others of great Weight, which are ready in due Time to be alledged, particularly the Promise of Your Majesty's Father of Blessed Memory, and that they tend no less to Your Majesty's Service than Your Petitioners Advantage, that Your Majesty will recommend our Petition to Your Parliament, that such a Court may be settled at Yorke, as may be to the Honour of Your Majesty, the Glory of Your Government, and the Ease and Benefit of Your Majesty's Loyal Subjects.

"And Your Petitioners, as in Duty bound, shall ever pray, &c.

"Signed by many Hands of the Nobility and Gentry of those Counties."

The other Petition was read, as follows:

"To the King's Most Excellent Majesty.

"The humble Petition of the several Grand Juries of the Northern Counties, on the Behalf of themselves and the rest of Your Subjects there;

"Humbly sheweth,

"That, albeit Your Petitioners Sufferings were great in reference to the late bleeding Distempers of this Kingdom, the Lot of their Inheritance being the Stage whereon the Foot of Civil War had trod so long and heavy, that it reduced them to great Extremity; yet, they bless God, they are herein refreshed (by the happy and safe Return of Your Royal Majesty) with Hopes of future Peace and Prosperity.

"Nevertheless, they cannot but in all Humility represent to Your Sacred Majesty their present sad Condition (compared with their former Felicity), being now forced to fetch Justice at so great a Distance; insomuch that, by the taking away of Courts at Yorke, many of Your Subjects in these Parts, to their great Charge and Delay, must travel Two Hundred and Fifty Miles to obtain Right in any though never so trivial a Matter.

"This they sensibly find, to be the Obstruction of their Happiness, a Consumption both of their Men and Monies; whereby Trade (the Life of Your People) is there decayed, their Revenues lessened, the Country depopulated, and those that remain are quite dispirited, in that they are not able to pay Taxes, or maintain themselves in Comfort or Countenance, as formerly:

"Whereupon they most humbly pray Your Most Excellent Majesty, That, as Your Petitioners have and (by God's Grace) shall contend with the best of Your Subjects, in all Demonstrations of chearful Obedience to Your Sacred Person; so it may please our Dread Sovereign (in whose Hands the Balance of Justice is) that we, being born to the same Measure, may have the like Means of obtaining Your Majesty's Grace and Protection as others; and, to that End, it may please Your Majesty, That a Court may be established at Yorke, for the Ease and Benefit of Your Petitioners, who, by daily Experience, have found so great a Distance and Delay of Justice many Times makes the Remedy worse than the Disease.

"And they, as in Duty, shall daily pray, &c.

Reference of them to this House.

"At the Court at Whitehall, the Seventh of June, 1661.

"Present:

"The King's Most Excellent Majesty,

His Royal Highness the Duke of Yorke,
L. High Chancellor,
L. Privy Seal,
Duke of Albemarle,
Duke of Ormond,
Marq. of Dorchester,
L. Great Chamberlain,
L. Chamberlain,
Earl of Leycester,
Earl of Berks,
Earl of Sandwich,
Earl of Anglesey,
Earl of Carlile,
Earl of Lauderdaill,
L. Viscount Say et Seale,
L. Wentworth,
L. Seymour,
L. Holles,
L. Cornwallis,
Mr. Comptroller,
Mr. Vice Chamberlain,
Mr.Secretary Nicholas,
Mr. Secretary Morice:

"The Two Petitions annexed, the One from the Nobility, Gentry, and Freeholders, of the Northern Counties, the other from the several Grand Juries of those Northern Counties, on Behalf of themselves and the rest of His Majesty's Subjects there, being this Day read; His Majesty (present in Council) is graciously pleased (with the Advice of the Board) to recommend them both to the Consideration of his House of Peers, to proceed therein, for the Satisfaction of the Petitioners, as they shall judge fit.

"Richard Browne."

Committee to consider of former Proceedings concerning the Court of York.

Hereupon this House ORDERED, That these Petitions are referred to these Lords following, to consider of the former Proceedings about the Court of Yorke, in the Parliament begun the 16 Year of King Charles, and to state the Matter of Fact; and have Power to send for Records and such Persons as their Lordships shall think fit, and to report the same to this House; and have Power to adjourn from Time to Time, as they see Cause:

His Royal Highness the Duke of Yorke.
L. Privy Seal.
Dux Bucks.
Comes Northumb'l.
Comes Bedford.
Comes Dorsett.
Comes Exon.
Comes Bridgwater.
Comes Bristoll.
Comes Strafford.
Comes Carlile.
Ds. Euers.
Ds. Pagett.
Ds. Arundell.
Ds. Howard de Charlt.
Ds. Grey.
Ds. Craven.
Ds. Howard de Esc.
Ds. Byron.
Ds. Vaughan.
Ds. Widdrington.
Ds. Lucas.
Ds. Bellasis.
Ds. Lexington.
Ds. Berkley de Stratton.
Ds. Holles.
Ds. Ashley.

Their Lordships, or any Five; to meet To-morrow in the Afternoon, at Three of the Clock, in the Prince's Lodgings; and to adjourn from Time to Time.

Brudnell's Nat. Bill.

Hodie 1a vice lecta est Billa, "An Act for the Naturalizing of Francis Brudnell Esquire, Son and Heir Apparent of the Right Honourable Robert Lord Brudnell; and of the Right Honourable Anna Maria Countess of Shrewsbury, Daughter of the said Lord Brudnell, and now Wife of the Right Honourable Francis Earl of Shrewsbury."

Sanguinary Laws concerning Priests, &c.

Upon Report of the Earl of Portland, from the Committee concerning the Sanguinary Laws against Priests:

It is ORDERED, That the said Committee do meet again on Wednesday Morning next, to consider whether they think fit to add any Thing to this Report; and the Committee hath Power to consider of the Penal Laws concerning Priests and other Recusants, which reach to Blood; also to consider of those Penal Laws which concern Protestants in relation to the aforesaid Laws reaching unto Priests and Recusants: And it is further ORDERED, That on Friday next this House will take this Report into Consideration.

Bill concerning Tenants of the Church.

Hodie 1a vice lecta est Billa, "An Act for Relief of ancient Tenants of Land, Parcel of the Patrimony of the Church of England."

Irish Protestants.

Upon reading the Petition of divers poor Protestants of Ireland, in great Necessity; complaining, "That a former Collection made for them is diverted another Way:"

It is ORDERED, To be referred to the Committee for Petitions, to examine the Business, and report the same to this House.

E. of Banbury, concerning his Writ of Summons.

Upon the Report this Day made, concerning the Petition of Nicholas Earl of Banbury, formerly brought into this House, by a Peer of this Realm, from His Majesty, whereby the Petitioner prayeth a Writ of Summons to this Parliament, as Earl of Banbury, and to enjoy all the Precedencies and Privileges thereunto belonging, granted by His Majesty's Letters Patents to the last Earl of Banbury:

It is ORDERED, That the Cause shall be heard, at this Bar, on Monday the Eighth Day of this Instant July, by Counsel; and Witnesses are to attend at the said Hearing, at which Time Mr. Attorney General and others of His Majesty's Counsel (having timely Notice given) are likewise to be heard on the King's Behalf.

Alcock and Knight, for Words against the King.

Upon reading the Petition of Edward Merry; informing, "That John Alcocke and John Knight have spoken horrid Language against the King:"

It is ORDERED, That the Examination of this Business is referred to the Lord Chief Justice of the King's Bench, to send for these Persons and Witnesses; and proceed therein according to Law.

Money for Soldiers maimed in the late King's Service.

Upon reading the Petition of the poor Cripples that have lost their Limbs in His late Majesty's Service:

It is ORDERED, That the Money already given by their Lordships for the Poor shall be forthwith delivered to the said Cripples, for their Relief, by the Clerk of the Crown.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 2um diem instantis Julii, hora decima Aurora, Dominis sic decernentibus.