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 Jovis, 12 die Julii.
PRAYERS, by Mr. Hodges.
Domini præsentes fuerunt:
Upon reading the Petition of Bayly, Rector of Fringford:
It is ORDERED, To be referred to the Committee for Petitions, to hear all Parties concerned therein.
Message to H. C. about Writings belonging to Peers.
A Message was sent to the House of Commons, by Mr. Hobart and:
To deliver the Papers and Order made Yesterday, concerning the Writings and Deeds concerning the Peers in the Hands of the Clerk of the House of Commons, to be delivered into the Custody of the Clerk of the Lords House.
Ld. Mohun's Privilege.
A Petition of the Lord Mohun was read; complaining, "That he was sued by common Process, contrary to the Privilege of the Peers."
It is ORDERED, To be referred to the Committee of Privileges, to hear all Parties concerned.
Act of Indemnity.
Hodie 1a vice lecta est Billa, an Act, intituled, "An Act of Free and General Pardon, Indemnity, and Oblivion."
Col. Axtell sent for.
The Earl of Berks acquainted the House, "That he was commanded by the King to deliver a Letter to this House, which was sent out of Ireland;" which was commanded to be read.
It was concerning Colonel Axtell.
And it is ORDERED, That the said Colonel Axtell shall forthwith be sent for, as a Delinquent.
Warrant for Gerrard's Execution to be brought in.
ORDERED, That the Committee of Petitions shall have Power to send for Alderman Phillips, to bring forth the Warrant whereby John Gerard Esquire was executed, when he was Sheriff of London.
Act to confirm Judicial Proceedings.
ORDERED, That the Act concerning Judicial Proceedings be read To-morrow Morning.
Upon reading the Petition of Jane Keckwick:
It is ORDERED, To be referred to the Committee for Petitions.
Answer from H. C.
The Messengers return with this Answer from the House of Commons:
That they will send an Answer by Messengers of their own.
Dr. Barwick's Petition.
Upon reading the Petition of John Barwicke, Doctor in Divinity:
It is ORDERED, To be referred to the Committee for Petitions.
E. of Berks' Order.
ORDERED, That the Earl of Berks shall have the like Order as others, for recovering of his Goods formerly taken from him.
Articles against Yaxley.
Articles were brought in, and read, against John Yaxley, Minister of Kibworth, in the County of Leycester.
Sir F. Doddington and Sir S. Crowe's Petition.
ORDERED, That the Petition of Sir Francis Doddington, and also the Petition of Sir Sackvill Crowe, be referred to the Consideration of the Committee for Petitions; to hear all Parties.
Order to confirm the one for restoring Ld. Culpepper to his Estate.
Whereas an Order, dated the 11th of this Instant, was read this Day, and confirmed in this House, for and on the Behalf of John Lord Culpeper; whose Lordship was at the Reading thereof affirmed to be dead:
It is ORDERED, by the Lords in Parliament assembled, That Thomas now Lord Culpeper shall have and receive full Benefit of the said Order, which hereafter followeth; videlicet, "Upon the humble Petition of John Lord Culpeper, Baron of Thorswey, shewing, That the Lands and Estate of the said Lord Culpeper were actually sold, by that Assembly of Persons who usurped the Name and Authority of a Parliament, without either Hearing or Summons, or Charge against the said Lord Culpeper, and without Trial by his Peers, which is contrary to the fundamental Laws of this Kingdom: It is therefore ORDERED, by the Lords in Parliament assembled, That the Sale of the said Lands and Estate, and all Proceedings thereupon, be, and are hereby declared to be, null and void; and that the Lord Culpeper be, and is hereby, restored to the Possession of the said Lands and Estate, in whose Hands soever the same are, which have been thereby unjustly kept from him, and to all Timber and Woods cut down and remaining upon the Premises: And hereof all Persons whatsoever are to take Notice, and yield Obedience hereunto accordingly."
Letter from Jeanor, about Col. Axtel being assisting in the late King's Death.
"May it please your Lordship,
"I have thought fit to communicate unto your Lordship, in order to the due Execution of Justice, a Matter concerning Colonel Axtell, who would (as I humbly conceive) have been brought under a more severe Condemnation than what the News out of England reports, had his Deportment been as well known unto others as unto me, concerning His late Majesty, when He was brought before the pretended High Court of Justice; for I (then having the Honour to attend His Majesty, as being One of His menial Servants) heard the said Colonel Axtell advise and earnestly incite the Soldiers then in Westm. Hall, in a barbarous Manner, to cry out for Justice (as he termed it) against His said Majesty. And on the Day when that pretended Court pronounced Sentence against His then Majesty, I heard him then say to his Soldiers, "Cry out for Execution:" Which they did accordingly.
"What I have now written I am ready to aver upon Oath, whensoever I shall be brought to testify against him; which I should have sooner made known to your Lordship, had I not been kept in this Place by my bodily Infirmities, and had I not been persuaded that the same had been more publicly taken Notice of than now it seems to be. Having nothing at present to occasion or justify the longer Continuance of these Lines, I shall take Leave to conclude myself,
Kilkenny, June the 30, 1660.
"Most humble Servant,
Order for Recovery of Goods belonging to the E. of Berks, taken from him during the late Troubles.
Upon Information given this Day unto the House, "That several of the Goods, Household Stuff, and other Things, of the Earl of Berks, have been taken and carried away since these unhappy Times, and are detained and kept from his Lordship, by Colonel Kelsey, Colonel Smith, Major Allen, and Captain Hunt, and others:"
It is ORDERED, by the Lords in Parliament assembled, That the said Earl of Berks shall have Liberty, by his Servants and Agents, to make diligent Search for any of his said Goods, in any of their Houses, and in other suspicious Places, in the Day-time, with a lawful Officer; and (if Resistance be made) to break open any Door or Lock with the said Officer, for the gaining of the said Goods, which are to be taken and carried away to the Use of the said Earl of Berks; any Thing to the contrary notwithstanding.
House adjourned till 10a cras.