Journal of the House of Lords: Volume 11, 1660-1666. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 7 die Junii.
Domini præsentes fuerunt:
PRAYERS, by Dr. Hodges.
Hodie 3a vice lecta est Billa, "An Act for restoring of Thomas Radcliffe Esquire to all his Lands and Possessions in England and Ireland."
And the Question being put, "Whether this Bill shall pass as a Law?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Dr. Child and Dr. Lewin:
To deliver the Bill for restoring Mr. Radcliffe to his Lands, &c. and to desire their Concurrence therein.
E. of Derby's Bill.
ORDERED, That the Bill for restoring the Earl of Derby be referred to the Consideration of these Lords following; who are in the First Place to report to this House, whether they find any thing in this Bill against the Act of Indemnity, or the Act for Judicial Proceedings:
Their Lordships, or any Five; to meet on Tuesday next, in the Afternoon, at Three a Clock, in the Prince's Lodgings; and have Liberty to adjourn themselves from Time to Time, as they shall see fit.
L. Delawar and L. Berkley, Precedency.
This Day the Cause was heard, by Counsel on both Sides, touching the Matter of Precedency between the Lord Delaware and the Lord Berkeley of Berkeley, upon the Petition and Complaint of the Lord Berkeley.
And the Counsel for the Lord Delaware pleaded, "This Matter hath been already adjudged in this House, 39 Elizabethæ, for the Lord Delaware."
But the Counsel for the Lord Berkeley alledged, "That that Business was not concerning any Difference touching Precedency of Place between the Lord Delaware and the Lord Berkeley; neither was the Lord Berkeleye's Ancestor Defendant in that Matter, and so could not be bound by that Judgement."
Hereupon the Counsel were commanded to withdraw.
And the House, upon Consideration hereof, were of Opinion, "That the Lord Berkeley's Counsel may proceed to the Merits of the Cause; because it appears that the Lord Berkeley's Ancestor was not Defendant in that Business in 39 Elizabethæ."
And the Counsel being called in again, the Lord Chancellor signified so much to the Counsel; and thereupon they proceeded to hear the Merits of the Cause.
And after some Time spent therein, it was agreed between the Counsel on both Sides, to state the Evidence and the Case amongst themselves; and when that is done, upon Signification thereof to this House, their Lordships will appoint a further Day to hear the Business.
Bill to vacate Sir Edward Powel's Fines.
ORDERED, That the Bill for vacating the Fines acknowledged by Sir Edward Powell and Dame Mary his Wife shall be read the Second Time on Thursday the 13th of this Instant June.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 8um diem instantis Junii, hora decima Aurora, Dominis sic decernentibus.
Hitherto examined by us,