DIE Saturni, 14 die Julii.
PRAYERS, by Mr. Hodges.
Domini præsentes fuerunt:
D. of Yorke.
D. of Gloucester.
L. Great Chamberlain.
L. Chamberlain of the Household.
Viscount Say & Seale.
Ds. Howard de Charlton.
Ds. Howard de Esc.
Ds. Berkeley of Berkeley.
Ds. De la Warr.
Ld. Purbeck's Petltion, to go upon Bail.
Upon reading a Petition from Viscount Purbeck;
desiring, "in regard of his ill Health, he may have Liberty to go upon Bail, being in present Custody of
the Gentleman Usher:"
It is ORDERED, That Mr. Attorney General give an
Account of this Business referred to him on Monday
Upon reading the Petition of Gervas Holles:
It is ORDERED, To be referred to the Committee
for Petitions, to hear all Parties.
Portington sent for, for condemning the E. of Derby.
Upon Report of the Earl of Bristoll, from the Committee of Privileges:
It is ORDERED, That Captain Portington, who confessed that he sat upon the Council of War upon the
condemning of the Earl of Derby to Death: (fn. *) It is ORDERED, That the said Thomas Portington shall be sent
for in safe Custody, and brought before this House.
The Earl of Pembrooke made the Report from the
Committee of Petitions, concerning the Earl of Derbie's
Business, heard many Days before the said Committees: (Here enter the Report at large.)
It is ORDERED, That this whole Business be heard,
by Counsel on both Sides, at this Bar, on Wednesday
Morning next; at which Time the Judges are to be
Bill to confirm Judicial Proceedings.
vice lecta est Billa, "An Act for Confirmation of Judicial Proceedings."
Marq. of Winton's Bill, for Damages from Wallop and Gervoise.
vice lecta est Billa, an Act, intituled, "An
Act towards the Reparation and Satisfaction to be
made unto John Lord St. John of Basing, Earl of Wiltshire, and Marquis of Winchester, out of the Manors
and Lands of Rob't Wallop Esquire, and Sir Tho. Gervoise Knight, deceased, for the Sum of Nineteen
Thousand Pounds, and Damages for the same, given
unto them by the late pretended Parliament out of
the said Marquis of Winchester's Estate."
Bill for Sewers.
vice lecta est Billa, "An Act for the present
nominating Commissioners of Sewers."
Upon reading the Petition of the Inhabitants of the
City of Exeter:
It is ORDERED, That the Consideration of this Petition be referred to the Committee for Petitions; to hear
all Parties and Witnesses, and report the same to this
Upon reading the Petition of Eliz. White, referred
to be perused by the Sub-committee for Petitions. (fn. *)
Cook's Petition, for Preservation of the Deer in Finckley Forest.
Upon reading the Petition of Wm. Cooke:
It is ORDERED, To be referred to the Sheriff of
Hampshire, That whereas Information is given to this
House, that the Deer of His Majesty, in the Forest of
Finckley, in the County of South'ton, within these Ten
Days, are destroyed in a riotous Manner, that he take
Care for the preserving the Remainder of the Deer
there from being destroyed; and if he can find out
those Parties that have destroyed the Deer, that he apprehend them, and cause them to be punished according
ORDERED, That the Public Bills lying in this House
shall be read on Monday Morning next, the First Business.
Dean Forest left to the Care of the proper Officers.
ORDERED, That the Order of this House, dated the
18th of May, 1660, to impower Commissioners to take
Care to prevent Waste in the Forest of Deane, is hereby
revoked, and all other Orders of this Nature; which are
left to the Care of the proper Officers whom it concerns to take Care of.
Message from H. C. with Bills.
A Message was brought from the House of Commons,
by Sir Heneage Fynch Baronet, Solicitor to His Majesty;
who brought up Two Bills, wherein they desire their
1. "An Act for the speedy Provision of Money, for
disbanding and paying off the Forces of this Kingdom,
both by Land and Sea."
2. "An Act for naturalizing Peter De la Pierre, alias
Peters, and John De la Pierre, alias Peters."
Stephens, for forging an Order of this House.
Upon reading the Petition of Lemuell Franckling
shewing, "That one Jeremy Stephens hath counterfeited
an Order of this House:"
It is ORDERED, That the said Jeremy Stephens shall
be summoned to appear before the Lords, to answer the
ORDERED, Mr. Justice Hyde do attend the Committee for Petitions, on Monday in the Afternoon.
E. of Derby versus Sir J. Trevor and others, Purchasers of his Estate.
The Earl of Pembrooke reported, "That the Earl of
Derby, and the Purchasers of Hope, Moled, and Hawerden, belonging to James Earl of Derby, having been
several Days heard before the Committee, it appeared
unto their Lordships, that, the said Manors being sequestered and exposed to Sale, the Purchasers, Sir
John Trevor, Colonel Twisleton, and Captain Ellis, by
their Agents, dealt with the Tenants (pretending a
Trust for the Earl of Derby), whereby the Tenants assigned their Right of Pre-emption to them; which
when the Tenants understood they were abused in,
they declared that their Intent was for the Service of
the Earl of Derby, and no otherwise; for, when the
Earl's Servants came to prepare the Tenants for Preemption, they declared as much; and that, they being
informed by Captain Ellis that the Earl was not in a
purchasing Condition, they would be shut out if they
did not comply with them.
"That, if the Earl would buy, he must go to the
Box, before the Contractors, Trustees, &c.; that,
when they had purchased, they came to Articles with
the Earl of Derby for Redemption within a Year, he
allowing for Bills at the Rate of Seventy Pounds for
every Hundred Pounds by them accounted for in the
Purchase-money; whereas (whatever Rate they paid
for Bills and Debentures) Bills were then to be had
at Fifty-three Pounds and Half, Fifty-five Pounds, and
Fifty-six Pounds per Cent. notwithstanding the Purchasers alledge they paid Eighty Pounds per Cent.
and so were Losers by them: That, when they had
brought the Earl (now in a very suffering Condition
by reason of the unhappy Differences of the Time)
to article with them (which he did) that the Lands
should be redeemable within a Year, he paying to
them at the Rate aforesaid for Redemption, he moved
Serjeant Glyn to redeem the Lands in Trust for him,
who refused so to do, but offered to buy Hawarden
if the Earl pleased; so that, when the Agreement
was made for Hawarden, the Serjeant being to pay
therefore to the Earl of Derby Sixteen Hundred
Pounds, and to his Lady One Hundred Pounds, and
to Sir John Trevor and the other First Purchasers Nine
Thousand Pounds, as by Articles of Agreement did
appear, it was so ordered, that the Serjeant told the
Earl, "That he found that the Purchasers would not
convey to him the Manor of Hawarden until the Earl
should settle on, and discharge unto them, the other
Two Manors, for which there is no other Consideration at all paid, but the same Seventeen Hundred
Pounds which the Serjeant paid to the Earl and his
Lady, as is confessed, and appeareth by the Deeds
themselves; which the Earl through Necessity being
constrained to do, did accordingly convey and discharge the said Manors unto the Purchasers by the
seeming Consent of his Lady, who joined in a Fine
and other Assurances unto them; so that here is Three
Manors aliened for Ten Thousand Seven Hundred
Pounds, whereof the Earl had but Seventeen Hundred Pounds, which is accounted to be worth Thirty
Thousand Pounds, for which the Purchasers paid not
(for aught appears) above Twelve Thousand Pounds.
So that it appears to the Committee, that the Fraud,
which was in the Beginning contrived for depriving
the Earl and his Tenants of their Pre-emption, and
threatening the putting of the Purchase to the Box,
seconded with the Force and Necessity which the Earl
was kept under, do destroy the Freedom of all the
consequent Acts: So that, upon the whole Matter,
the Committee is of Opinion, that the Earl of Derby,
re-paying what Monies he hath on the Terms aforesaid received, may, for the Bill now before your Lordships, be restored to the said Lands, and in particular
to the Manors of Hope and Moled, purchased by Sir
John Trevor, Colonel Twissleton, and Captain Ellis;
and as to Howarden, purchased by Serjeant Glyn from
the Earl, and the said Sir John Trevor, &c. that the
Seventeen Hundred Pounds received by the Earl and
his Countess be by him re-paid with Interest, and the
Nine Thousand Pounds paid by Serjeant Glyn to the
said Trevor, Twissleton, &c. be re-paid with Interest to
Serjeant Glyn, discounting for the Mean Profits.
"That the Committee had voted, that there was Force
and Fraud in gaining the Fine, and other Evidences,
from the Earl of Derby."
Order for Preservation of the Deer in Finckley Forest.
Whereas Information is given this Day to the House,
by the Petition of William Cooke, "That His Majesty's
Deer, in the Forest of Finckley, in the County of
South'ton, have been destroyed, in a riotous Manner,
within these Ten Days, to a very great Number; and
are likely to be all destroyed within a short Time, if
it be not prevented:"
It is ORDERED, by the Lords in Parliament assembled,
That the Sheriff of the said County shall take Care for
the preserving the Remainder of the Deer there from
any further Destruction; and if he can find out those
Parties that have killed and made away the said Deer,
to apprehend them, and cause them to be punished according to Law.
House adjourned till 9a, Monday next.