House of Lords Journal Volume 12: 31 March 1668

DIE Martis, 31 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with a Bill, and about others:

A Message was brought from the House of Commons, by Sir Robert Carr Knight, and others; which consisted of these Particulars:

1. To return the additional Act against the Importation of Foreign Cattle, sent down with Amendments, to which they have agreed.

2. To return the Act for the taxing and assessing of the Lands of the Adventurers within the Great Level of the Fens, sent down with Alterations, to which they have agreed.

3. To present this House with a Bill for Sale of some Lands, to pay the Debts, and make Provision for the Younger Children, of John Beckham Esquire, deceased; to which they desire their Lordships Concurrence.

4. To mind their Lordships of Two Bills depending in this House, sent up from the House of Commons; one concerning poor Prisoners, the other concerning Certioraris.

Morley and Grenvile versus Elwes Judgement.

The House took into Consideration what further Judgement to give in the Cause between Cutbert Morley and Bernard Grenvile Plaintiffs, and Jeremy and Henry Elwaies Defendants.

And, after a serious Consideration,

The Question being put, "Whether that it be ordered that the Cause be remitted to the Chancery, and the Lord Keeper ordered to proceed as upon an equitable Mortgage?"

It was Resolved in the Affirmative.

Protest against it.

Memorandum, That, before the putting of the abovesaid Question, these Lords following desired Leave to enter their Dissents, if the Question was carried in the Affirmative: Which being granted, they accordingly enter their Dissents, by subscribing their Names:

"J. Bridgewater.
Bolingbrooke.
T. Culpeper.
Windesor."

The Lord of Rockingham is added to the Committee for Petitions.

Morley and Grenvile versus Elwes.

Whereas Counsel and Witnesses have been several Days heard at the Bar, in the Cause between Cutbert Morley and Bernard Grenvile Esquires, Plaintiffs, by Petition, against Jeremy Elwes and Henry Elwes his Trustee, concerning the Manor of Seamour, and other Lands and Estate of good Value; therein mentioned, mortgaged by James Morley, Father of the said Cutbert, to the said Jeremy and Henry Elwes, and a Release made thereof in the Year 1646, by the said Cutbert Morley, to the said Jeremy and Henry Elwes, with a Trust, as was alledged, of Eighty Pounds per Annum, for the said Cutbert Morley's Life; and also concerning a Decree since made in the Court of Chancery, on the Behalf of the said Jeremy and Henry Elwes, against the said Cutbert Morley, concerning the said Lands and Estate so mortgaged and released:

The Lords Spiritual and Temporal in Parliament assembled, after several long, serious, and solemn Debates and Considerations had, what Judgement to give upon the whole Matter as it lies before this Court, in the said Petition, Answer, Decree, and Proofs made at the Bar of this House in the said Cause, have thereupon Resolved and Adjudged, and do accordingly order and adjudge, That the Release mentioned in the said Petition was made upon further Trust than Eighty Pounds per Annum, and also that the Decree mentioned in the said Petition shall be reversed: And their Lordships, upon further Consideration had of the said Cause, have, upon serious Debate thereof, resolved and adjudged, and the said Court doth hereby further order and adjudge, That the said Cause be, and is hereby, remitted to the Court of Chancery; and that the Lord Keeper of the Great Seal of England be, and is hereby, directed and authorized to proceed thereupon as upon an equitable Mortgage, which this by their Lordships is adjudged to be.

Lords to send to H. C. to remind them of Bills sent to them from this House.

Upon Report made by the Earl of North'ton, "That the Committee for Privileges (according to the Order of this House of the Eleventh of March Instant, directing them to search whether there be any Precedents before the Year 1640, for putting the House of Commons in Mind of Bills depending before them, which have been sent from this House) have perused several Precedents which are recorded in the Journals of this House, which the Committee offer to their Lordships Consideration; videlicet, 28° April and 19° Maii, 1° Jacobi; 8° Junii, 7° Jacobi; 7° and 12° April and 19° Maii, 21° Jacobi:"

The House caused the said Precedents to be read; and, upon Consideration had thereof, the Lords Spiritual and Temporal in Parliament assembled do declare it to be regular for the Lords to send Messages (when they please) to the House of Commons to put them in Mind of Bills which have been sent down from this House to them.

Message to be sent to H. C. to remind them of the Bill for Trial of Peers.

ORDERED, That on Thursday Morning next a Message be sent to the House of Commons, to put them in Mind of the Bill, intituled, "An Act for the better regulating of the Trial of the Peers of England;" sent down some Time since from this House to them.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, primum diem Aprilis, 1668, hora decima Aurora, Dominis sic decernentibus.