House of Commons Journal Volume 8: 9 July 1660

Page 85

Journal of the House of Commons: Volume 8, 1660-1667. Originally published by His Majesty's Stationery Office, London, 1802.

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Page 85

In this section

Monday, July 9th, 1660.


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.