House of Lords Journal Volume 11: 3 June 1663

DIE Mercurii, 3 die Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Port of Wells Bill.

Hodie 1^a vice lecta est Billa, "An Act for repairing and better preserving the Key of the Port of Wells, in the County of Norfolke."

Message from H. C. that they agree to Robinson's Bill.

A Message was brought from the House of Commons, by Sir Solomon Swale and others ; who brought a Bill to enable Sir Francis Boynton Baronet and Richard Robinson Esquire to sell certain Lands of John Robinson Esquire, for Payment of Debts, and leasing other Lands for making Provision for his Younger Children, which Bill was sent down from their Lordships with some Alterations and Amendments; to all which the Commons do agree.

Ld. Byron's Bill:

The Earl of Bridgwater reported from the Committee, the Bill concerning the Lord Byron, as fit to pass, with some Alterations; which were read Twice.

Sir Dan. Hervey's Petition about it.

Then a Petition of Sir Dany'll Harvey was read; desiring to be heard before the said Bill be passed.

Hereupon it is ORDERED, That the said Bill is recommitted to the same Committee, to the End the said Petition may be taken into Consideration; and the Committee are to meet this Afternoon.

Ld. Hereford, Leave to be absent.

ORDERED, That the Lord Viscount Hereford have Leave to be absent from his Attendance on this House, he intending to leave his Proxy.

St. Oswald's Hospital Bill.

Hodie 2^a vice lecta est Billa, "An Act for governing of the Hospital of St. Oswald, in the County of Worcester."

ORDERED, That the Consideration of this Bill is committed to these Lords following; (videlicet,)

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

Willoughby & al. Nat. Bill.

Hodie 1^a vice lecta est Billa, "An Act for the naturalizing of George Willoughby and others."

Message to H. C. to attend, to hear the following Commission read.

The Gentleman Usher of the Black Rod was sent by the House, to signify to the House of Commons, "That the Lords have received a Commission under the Great Seal of England to pass certain Bills, which are ready for the Royal Assent ; therefore the Lords do desire the House of Commons to be present, with their Speaker, at the passing of them."

The Commons being accordingly come, with their Speaker, the Lords Commissioners sitting upon a Form across the House, between the State and the Lord Chancellor's Woolsack;

Commission to pass Bills.

The Lord Chancellor acquainted the Lords and the Commons with the said Commission, and delivered the same to the Clerk of the Parliaments; who, receiving the same kneeling, carried it to the Table, where it was read publicly, in these Words following:

"CHARLES R.

"Charles the Second, by the Grace of GOD, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. to Our Right Trusty and Well-beloved the Lords Spiritual and Temporal, and to Our Trusty and Well-beloved the Knights, Citizens, and Burgesses, the Commons in this present Parliament assembled, Greeting. We have seen and perfectly understood an Act and Ordinance, intituled, "An Act for the Punishment of unlawful cutting, or stealing, or spoiling, of Wood and Underwood, and Destroyers of young Timber Trees;" one other Act, intituled, "An Act for repairing the Highways within the Counties of Hertford, Cambridge, and Huntingdon;" "An Act to enable Edward Marquis of Worcester to receive the Benefit and Profit of a Water-commanding Engine by him invented, One Tenth Part whereof is appropriated for the Benefit of the King's Majesty, His Heirs and Successors;" one other Act and Ordinance, intituled, "An Act for the settling an Annuity of Three Hundred Pounds per Annum upon Charles Earl of Portland, and for the Benefit of Willoughby Whitlock, Bulstrode Whitlock, and Carlton Whitlock, Infants; and for confirming of Agreements made to compose Suits in Law against them;" one other Act and Ordinance, intituled, "An Act for settling the Charitable Gift of John Guest;" one other Act and Ordinance, intituled, "An Act to enable Sir John Packington and his Trustees to sell, or otherwise dispose of, certain Lands, for the Payment of his Debts, and raising Portions for his Younger Children;" one other Act and Ordinance, intituled, "An Act to enable Edward Chaloner Esquire to make Provision for Anne his Wife and his Younger Children;" one other Act and Ordinance, intituled, "An Act for the naturalizing of Charlotte Hessen Killegrewe and others;" one other Act and Ordinance, intituled, "An Act to empower Sir John Drake and others to make Sale of Lands, for Payment of the Portion of Ellen Briscoe Widow;" and also one other Act and Ordinance, intituled, "An Act to enable the Sale of some of the Lands of Richard Senior and Anthony Senior, deceased, for Payment of some of their Debts;" annexed and affiled to these Presents, and agreed and accorded on by you Our loving Subjects the Lords and Commons in this Our present Parliament assembled, and endorsed by you as hath been accustomed: And albeit the said Acts and Ordinances by you Our said Subjects the Lords and Commons in this Our present Parliament assembled are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law, without Our Royal Assent given and put to the said Acts and Ordinances: And forasmuch as, for divers great and urgent Causes and Considerations, We cannot conveniently at this present be Personally in Our Royal Person in the Higher House of Our said Parliament, being the Place accustomed, to give Our Royal Assent to such Acts and Ordinances as have been agreed upon by you Our said Subjects the Lords and Commons; We have therefore caused these Our Letters Patents to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts and Ordinances, and to all Articles, Clauses, and Provisions, therein contained, and have fully agreed and assented unto the said Acts; willing that the said Acts, and every Article, Clause, Sentence, and Provision, therein contained, from henceforth shall be of the same Strength, Force, and Effect, as if We had been Personally present in the said Higher House, and had openly and publicly, in the Presence of you all, assented to the same. And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal and the Commons aforesaid, as to all others whom it may concern; commanding also, by these Presents, as well Our High Chancellor of England to seal these Our Letters Patents with Our Great Seal of England, as Our said Chancellor of England, and Our Trusty and Right Well-beloved Cousin and Counsellor Thomas Earl of South'ton Our High Treasurer of England, and Our Right Trusty and Well-beloved Counsellor John Lord Robertes Keeper of Our Privy Seal, and also Our Right Trusty and Right Well-beloved Cousins and Counsellors George Duke of Albemarle Lord General of all Our Forces, Henry Marquis of Dorchester, and Mountague Earl of Lyndsey Our High Chamberlain of England, or any Two or more of them, to declare and notify this Our Royal Assent, in Our Absence, in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament there to be assembled for that Purpose; and the Clerk of Our Parliament to indorse the said Acts with such Terms and Words in Our Name as is requisite and hath been accustomed for the same; and also to enroll these Our Letters Patents and the said Acts in the Parliament Roll; and these Our Letters Patents shall be to every of them a sufficient Warrant in that Behalf: And finally We Declare and Will, That after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, that then and immediately the said Acts shall be taken, accepted, and admitted, good, sufficient, and perfect Acts of Parliament and Laws, to all Intents, Constructions, and Purposes, and to be put into due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing, or Things, to the contrary thereof notwithstanding.

"In Witness whereof, We have caused these Our Letters to be made Patents.

"Witness Ourself at Westm. the Second Day of June, in the Fifteenth Year of Our Reign.

"Per ipsum Regem, proprid Manu signat.

"Barker."

Bills passed.

Then the Clerk of the Crown read the Titles of the Bills severally; and the Clerk of the Parliaments pronounced the Royal Assent, according to the Nature of the Bills, as followeth; (videlicet,)

"1. An Act for the Punishment of unlawful cutting, or stealing, or spoiling, of Wood and Underwood, and Destroyers of young Timber Trees."

"2. An Act for repairing the Highways within the Counties of Hertford, Cambridge, and Huntingdon."

To these the Royal Assent was given in these Words,

"Le Roy le veult."

"3. An Act to enable Edward Marquis of Worcester to receive the Benefit and Profit of a Water-commanding Engine by him invented, One Tenth Part whereof is appropriated for the Benefit of the King's Majesty, His Heirs and Successors."

"4. An Act for settling an Annuity of Three Hundred Pounds per Annum upon Charles Earl of Portland, and for the Benefit of Willoughby Whitlock, Bulstrode Whitlock, and Carlton Whitlock, Infants; and for confirming of Agreements made to compose Suits in Law against them."

"5. An Act for settling the Charitable Gift of John Guest."

"6. An Act to enable Sir John Packington and his Trustees to sell, or otherwise dispose of, certain Lands, for the Payment of his Debts, and raising Portions for his Younger Children."

"7. An Act to enable Edward Chaloner Esquire to make Provision for Anne his Wife, and his Younger Children."

"8. An Act for the naturalizing of Charlottee Hessen Killigrew and others."

"9. An Act to empower Sir John Drake and others to make Sale of Lands, for Payment of the Portion of Ellen Briscoe Widow."

"10. An Act to enable the Sale of some of the Lands of Richard Senior and Anthony Senior, deceased, for Payment of some of their Debts."

To which Bills the Royal Assent was given, in these Words,

"Soit fait come il est desiré."

This being done, the Commons departed to their own House.

Cooke & al. to be committed to The Fleet, if they do not pay the Fees to the Officers of the House.

Whereas George Cooke, John Kendall, Hugh Whight, and John Kempe, are now in the Custody of the Serjeant at Arms attending this House, who are to be released of their Restraint and Imprisonment, paying their Fees, which they refuse to do:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That if they shall not pay their said Fees to the several Officers of this House within Four and Twenty Hours next after the making of this Order, that then they are to be transmitted into the Prison of The Fleete, there to remain Prisoners in safe Custody until the Pleasure of this House be further signified.

Feltham, concerning his Wife being taken from him.

ORDERED, That the Lord Chief Justice of England (to whose Lordship a Business concerning Owen Feltham, by an Order of the Eighteenth of May last, was referred) is hereby desired to make his Report to this House, touching the said Business, on the First Day of the Sitting of this House next after the Adjournment, which will be the Eleventh of this Instant June.

L. Langdale, Privilege, being presented for not going to Church.

Upon Information to this House, "That the Lord Langdale, a Peer of this Realm, hath been lately presented in the Spiritual Court of the Archbishop of Yorke, for not coming to Church, and hath been summoned to appear in the said Court, in Time of Parliament, contrary to the Privileges of Parliament:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it is hereby referred to the Committee of Privileges, to examine the Matter of Fact, and to report the same, with their Opinion thereupon, to this House.

E. Carnarvon's Privilege, in the Suit between Russell and Pitcarne.

Whereas there is a Suit at Law, upon a special Issue, prosecuted by Charles Pittcarne, against George Russell Esquire, wherein the Earl of Carnarvon, a Peer of this Realm, is immediately concerned, contrary to the Privilege of Parliament:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Suit shall be no further prosecuted against the said George Russell, during the Privilege of this Parliament, without the free Consent of the said Earl: And hereof all Counsellors, Attornies, and Solicitors, any Ways employed in this Cause, are, upon Notice given them, to yield Obedience to this Order, as the contrary will be answered to this House.

Order to prevent Disturbances in Wyldmore Fen, and to establish it in the King, His Tenants, &c.

Whereas several Orders have formerly and lately issued out of the Upper House of Parliament, for quieting of Possessions, and preventing of Riots, Tumults, Disorders, and unlawful Assemblies, made by reason of the late disorderly and sad Times, upon several Improvements of the Fens in the County of Lincolne, whereof this House is very sensible; and it appearing this Day to the Lords in Parliament, by the Affidavit of William Garrett Citizen and Stationer of London, "That he, with divers others, was directed, by Warrant from Sir Charles Harbord Knight, His Majesty's Surveyor General, dated the Second of April, 1663, to repair to a certain Waste, or Fen, called Wildmore Fenn, in the said County of Lyncolne, and to repair the Fences of an Improvement formerly made therein for His Majesty's Use, which was accordingly done:" And he further faith, "That, upon the First Day of May last past, some Part of the said Fences so repaired and made up were in a riotous and tumultuous Manner thrown down by some of the Country People; and that he hath several Times since been informed, that, at several Times since, the Country People hath thrown down more of the said Fences, and have burnt down a House that was lately there erected upon the Premises:"

Now forasmuch as, if such riotous and tumultuous Proceedings be not timely and prudentially prevented, it may be feared that such Actings may beget great and public Mischiefs, and that the said Offenders may take unto themselves such unsufferable Boldness in pulling down the Fences and disquieting the Possession of the Premises, that great Inconveniencies may follow, even to the shedding of Blood, if it be not timely prevented; it is therefore thought fit, and so ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Possession and Profits of the said Fen shall be, and hereby is and are, established and quieted, with His Majesty, His Tenants, Farmers, and Assigns, to be quietly held and enjoyed by them, and all claiming under them; and that the High Sheriff and Under Sheriff of the said County of Lyncolne for the Time being, and likewise the several Justices of the Peace of the said County, shall (by virtue of this Order) repair unto the said Fen called Wildmore Fenn, and are hereby empowered to take Course that the Possession and Profits thereof shall be forthwith settled with His Majesty, His Tenants, Farmers, and Assigns, and to be quietly held and enjoyed by them, and all claiming under them, or any of them, as it was in the Year 1641 ; and to this Purpose to take with them, from Time to Time, as there shall be Occasion, such Persons as they shall think fit, to appease all Riots, Tumults, and Disturbances, that shall or may happen, in, upon, or about the Premises, and for the quieting of the Possession of the said Fens as aforesaid ; as also to take special Care to prevent the throwing down the Fences, Ditches, or Mounds, of or belonging to the said Fen: And in case of any Disturbance therein, it is further ORDERED, That the said Sheriff and Justices, or any Two or more of them, shall commit such Malefactors to the Common Goal of that County of Lyncolne as shall disobey this Order, there to remain in safe Custody until this House shall examine their said Offences and Misdemeanors, and take further Order therein, to proceed against them according to the Laws of the Land in such Cases provided: And hereof all Persons are to take Notice, and yield their Obedience hereunto, as they will answer the contrary to this House at their uttermost Perils.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 11^um diem instantis Junii, hora decima Aurora, Dominis sic decernentibus.