DIE Veneris, 19 die Julii.
Domini præsentes fuerunt:
The Lord Chief Justice of the Common Pleas
Speaker this Day.
His Royal Highness the Duke of Yorke.
L. Privy Seal.
L. Great Chamberlain.
Viscount de Stafford.
Ds. De la Warr.
Ds. Berkley de Berk.
Ds. Howard de Char.
Ds. Herbert de Cher.
Ds. Berkeley de St'atton.
PRAYERS, by Dr. Hodges.
vice lecta est Billa, "An Act declaring the
sole Right of the Militia to be in the King; and for
the present ordering and disposing the same."
ORDERED, That this Bill is referred to the Consideration of these Lords following:
Marquis of Winton.
Viscount de Stafford.
Ds. Howard de Charlt.
Ds. Herbert de Cherb.
Their Lordships, or any Five; to meet this Afternoon, in the Prince's Lodgings, at Three of the
Clock; and to adjourn from Time to Time.
Bill for restoring Ecclesiastical Jurisdiction.
vice lecta est Billa, "An Act for Explanation of a Clause contained in an Act of Parliament
made in the Seventeenth Year of the late King Charles,
intituled, An Act for Repeal of a Branch of a Stat.
Primo Eliz. concerning Commissioners for Causes Ecclesiastical."
ORDERED, That the Consideration of this Bill is committed to the same Committee as the Bill for the Militia is.
Bill to confirm the one for draining the Great Level.
vice lecta est Billa, "An Act for confirming
and continuing an Act for the necessary Maintenance
of the Work of draining the great Level of the
ORDERED, That the Consideration of this Bill is referred to the same Committee as the Bill for Hatfeild
Levell is; and the Lord Steward is added to the said
Allen's Petition concerning the Bill for Hatfield Level.
The Petition of Sir Thomas Allen and others was
read; and referred to the Committee for the Bill concerning Hatfeild Levell, who are to meet this Afternoon
at Three a Clock: And the King's Counsel are to be
heard in Behalf of His Majesty; and the Surveyor
General is desired to be then present; and the Petitioners
to be heard, by their Counsel.
Bill for erecting a Court at York.
vice lecta est Billa, "An Act for the erecting of a Court at Yorke."
Bill for restoring Advowsons, &c. taken away upon Compositions.
vice lecta est Billa, "An Act for the restoring of all such Advowsons, Rectories Impropriate,
Glebe Lands, and Tithes, to His Majesty's loyal Subjects, as were taken from them, and making void certain Charges imposed on them, upon their Compositions for Delinquency, by the late usurped Powers."
ORDERED, That it is referred to all the Judges
who are in Town; to consider whether this Bill
be contrary to the Act of Oblivion and the Act
for Judicial Proceedings, or either of them, and
report the same to this House.
The Lord Wharton reported from the Committee, the
Bill concerning John Orlibeare, as fit to pass as it is, without any Alterations; it being by Consent of all Parties
vice lecta est Billa, "An Act for the reviving a Settlement of certain Lands on John Orlibeare
for Life; the Remainder to the Sons of the said Orlibeare successively, and the Heirs Males of their Bodies."
The Question being put, "Whether this Bill
shall pass for a Law ?"
It was Resolved in the Affirmative.
The Lord Viscount de Stafford desired Leave to enter
his Dissent to this Question, if it were carried in the
ORDERED, The Duke of Bucks and the Lord Chamberlain are added to the Committee for Corporations.
Bill for preserving Deer.
vice lecta est Billa, "An Act to prevent the
unlawful coursing, hurting, or killing of Deer."
ORDERED, That the Consideration of this Bill is referred to these Lords following:
L. Privy Seal.
Any Five; to meet To-morrow in the Afternoon,
at Four a Clock, in the Prince's Lodgings.
ORDERED, That the Committee for Sir Anthony
Browne's Bill, being now sine Die, shall meet To-morrow
in the Afternoon, at Three of the Clock.
vice lecta est Billa, "An Act for the empowering of Sir Courtney Poole, and Sir John Drake Baronet, and others, to make Payment of the Portion of
Ellen Briscoe Widow, One of the Daughters of Sir
John Drake Knight, deceased, by Sale of the Manor
of Lymington, in the County of Somersett, or by granting Estates out of the same, or otherwise."
Report concerning E. of Banbury's Writ of Summons.
The Earl of North'ton reported from the Committee
of Privileges, "That their Lordships have considered
of the Earl of Banburie's Business, referred unto them;
and their Opinion is, That the Earl of Banbury is,
in the Eye of the Law, Son of the late William Earl
of Banbury; the House of Peers should therefore
advise the King to send him a Writ to come to Parliament.
"Also their Lordships are of Opinion, That the
Earl of Banbury ought to have Place in the House of
Peers according to the Date of his Patent, and not
according to the Tenor of that Part thereof which
ranketh him before other Earls created before William
Earl of Banbury: All which the Committee offers to
their Lordships Judgement."
ORDERED, That this House will take this Report into
Consideration on Monday Morning next.
Marquis of Winchester, Privilege in Paulett's Suit against him.
The House being informed, "That Essex Pawlett
hath brought an Action of Ejectment, in the Name
of one Thomas Kewen, to be tried at Winchester next
Assizes, against Henry Heighs and Thomas Moorey, Tenants to the Lord Marquis of Winton, wherein his
Lordship's Title is concerned, he being a Member of
Parliament and Peer of this Realm:"
It is ORDERED, That the Suit (being prosecuted contrary to the Privilege of Parliament, his Lordship being
properly concerned therein) shall be no further proceeded
in, against the said Henry Heighs and Thomas Moorey, or
either of them, during the Privilege of Parliament, unless his Lordship shall wave his Privilege: And all Counsel, Attornies, and Solicitors, now employed, or to be
employed, in this Suit, are to take Notice of this Order,
and yield their Obedience hereunto, as they will answer
the contrary to this House.
ORDERED, That the Report concerning Hatfeild
Levell shall be made To-morrow Morning.
Dominus Capit. Justic. de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Saturni, videlicet, 20um diem instantis Julii, hora decima
Aurora, Dominis sic decernentibus.
Hitherto examined by us,