Monday, July 9th, 1660.
Prayers.
Judicial Proceedings.
A BILL ingrossed, for Confirmation of Judicial
Proceedings, was this Day read the Third time.
Resolved, That in the Fifth Line, next after the Words
"Decrees not," these Words be inserted, "Vacated,
cancelled."
A Proviso was tendered to this Bill; that this Act shall
not extend to confirm any Act, Order, or Ordinance,
since January 1648, authorizing the Lords Commissioners
of the Great Seal of England, &c. to hear and determine all such Cases as shall come before them, by Petition or Bill touching Alimony; nor any Decree, Sentence, or Judgment, (as they are reputed) had, made, or
given thereupon: Which was read the First time, and
laid aside.
Another Proviso was tendered to this Bill; that it may
be lawful for every Person grieved, or damnified, by
any Judgment, Fine, Recovery, Decree, or Sentence,
given, made, levied, granted, or pronounced, in any of
the said Courts, to proceed in due Form of Law, either
by Writ of Error, Bill of Review, Appeal, or other
lawful Remedy, for the Reversing, Annulling, or Revoking of the same, in such manner as they might, at
any time heretofore, have done, if the said Courts had
been established by lawful Authority: Which was this Day
read the First time.
Resolved, That these Words, viz. "other than for
those Errors and Defects, which are remedied or provided
for by this Act," be added in the End of this Proviso.
And the said Proviso, so amended, was read the Second time; and, upon the Question, agreed unto; and
Ordered to be Part of the Bill.
Another Proviso was tendered to this Bill; that this
Act extend not to a Decree made the Sixth Day of April
1649, by John Lisle and Richard Keeble, against David
Jenkins Esquire, having neither appeared, nor answered,
nor submitted to the same, but utterly denied their Power.
Ordered, That it be referred to a Committee, to examine the Business touching the said Decree made in the
Court of Chancery the Sixth Day of April 1649, against
the said David Jenkins; to examine the Matter of Fact,
and compose the Difference if they can; or otherwise, to
report it to this House; viz. unto Sir Tho. Widdrington,
Mr. Cesar, Sir Edward Turner, Mr. Mountague, Mr. Charlton; Sir Solomon Swale, Sir Edward Poole, Col. King, Lord
Falkland, Mr. Hungerford, Sir Horatio Townesend, Mr.
Hunt, Mr. Wingfeild, Mr. Norden, Mr. Henry Powell,
Mr. . . . Lowther, and all the Gentlemen of the Long
Robe; with Power to send for Persons, Papers, Witnesses, and Records: And are to meet in the Speaker's
Chamber at Two of the Clock in the Afternoon.
Resolved, That in the Fortieth Line, these Words be
inserted, viz. "as if the same, and the Entry, and Enrollment thereof, were;" instead of these Words, viz.
"as if the same were entered and enrolled."
Another Proviso was tendered to this Bill; for confirming Grants of ministerial Officers in Courts of Judicature since 1642, to which Offices no Person hath any
former Grant, Admission, or legal Title: Which was read
the First and Second time, and, upon the Question, laid
aside.
A Person in Custody to attend Lords.
Ordered, That Alderman Titchborne, committed by
this House to the Custody of the Serjeant at Arms attending this House, being sent for to appear before the
House of Lords in Parliament, be forthwith carried to
the Lords House, in Custody of the said Serjeant at
Arms, or his Deputy.
Judicial Proceedings.
Resolved, That the Words "Common Bench" be
made "Common Pleas," in the several Places.
Resolved, That these Words, viz. "Serjeants at Law,"
be added in the last Line save two, next after the Word
"Exchequer."
Resolved, That these Words "by or" be added in
the last Line save one, after the Word "constituted."
Resolved, That this be the Title of this Bill, viz.
An Act for Confirmation of Judicial Proceedings: And
the said Bill, so amended, being put to the Question,
passed: Sir Henage Finch to carry it to the Lords.
Pardon and Oblivion.
Mr. Charlton reports some Alterations and Additions
to the Bill for General Pardon and Oblivion; and a Proviso to be made Part of the said Bill. touching Confirmation of Grants, Bargains, Sales, &c. made for Money,
bona fide, by Persons excepted by Name in this Act:
Which were twice read.
And the said Alterations and Additions, being put to
the Question, were agreed unto.
The said Proviso, reported, was read the First and
Second time; and, upon the Question, agreed unto;
and ordered to be Part of the Bill.
A Proviso, formerly tendered to this Bill, that the
Persons, who sat in Judgment upon the late King, and
who were, by Proclamation, to have rendered themselves
by a Day, and have made Default, should be excepted
for Life and Estate, was read.
The Names of several Persons, to be excepted out of
this Act for Life and Estate, viz. Valentine Waulton,
Edward Whalley, Sir Michael Levisey, John Okey, John
Hughson, Wm. Goffe, Miles Corbet, Wm. Cawley, Nicholas Love, John Dixwell, Daniel Blagrave, were twice
read.
Resolved, That these Names shall be inserted into this
Proviso; and that their Names be stricken out in the
former Part of the Bill, where they were excepted for
Estates, Pains, and Penalties, to be inflicted by another
Act.
Col. King tendered a Report of Matter of Fact,
upon a Proviso against Col. Hutchinson; but the Committee not having ordered the said Matter of Fact to be
reported;
Ordered, That the said Proviso be re-committed;
and that the State of Fact be brought in To-morrow
Morning.
Resolved, That the Provisoes, ordered to be Part of
the Bill of General Pardon, Indemnity, and Oblivion,
together with the Amendments agreed upon, be ingrossed
into this Bill, and not affixed as Schedules, according to
former Order.
Leave to attend Harrison.
Ordered, That Mr. Arthur Jackson, Minister of St.
Faithe's under Paul's, London, have the Leave of this
House, from time to time, to go and visit Major General
Harrison.