House of Lords Journal Volume 11: 13 April 1663

DIE Lunæ, 13 die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Killegrew et al. Nat. Bill.

Hodie 1^a vice lecta est Billa, "An Act for the naturalizing of Charlotte (fn. 1) Hesten Killegrewe and others."

E. of Portland's and Whitlock's Bill.

Hodie 3^a vice lecta est Billa, "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."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Briscoe's Bill:

Hodie 2^a vice lecta est Billa, "An Act to empower Sir John Drake and others to make Sale of Lands, for Payment of the Portion of Ellen Brisco."

Lady Rosewell et al. to be heard concerning it.

Also the Petition of Dame Dorothy Rosewell was read; desiring "to be heard to the whole Case, before the passing of this Bill:"

Hereupon it is ORDERED, That all Parties therein concerned shall be heard, by their Counsel and Witnesses, at this Bar, on Saturday the Second Day of May next ensuing, upon the Matter contained in the said Bill and Petition.

Challoner's Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable Edward Chaloner Esquire to make Provision for Anne his Wife, and his Younger Children."

Coppleston's Bill.

The Earl of Dorsett reported, "That the Committee appointed to consider of Mr. Coppleston's Bill have heard all Parties therein concerned; and that it hath appeared to the Committee, that the passing this Bill is for the Benefit of the Infants concerned; and their Lordships having made some Alterations therein, do offer the same to the Consideration of this House."

Which Alterations being read Twice, were Agreed to, and the Bill ordered to be engrossed, with the said Alterations.

ORDERED, That the Duke of Richmond is added to the Committee for the Bill concerning Ashdown Forrest.

Message from H. C. with Seniors and the E. of Portland's Bills.

A Message was sent to the House of Commons, by Sir Thomas Bird and Sir Nathaniell Hobart:

To deliver to them Two Bills passed by this House, wherein their Concurrence is to be desired:

1. The Bill to enable the Sale of some Lands of Richard Senior and Anthony Senior, deceased, for Payment of some of their Debts.

2. The Bill 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.

Towns of Leostaff and Yarmouth.

This Day a Petition was presented to the House, from the Inhabitants of the Town of Laystoffe, in Suffolke, complaining of a Contempt, of not obeying a Judgement of this House; a Narrative whereof was read, as follows:

Narrative concerning the Measurement of Lands between those Towns.

"We whose Names are underwritten (whereof Seven of us being the next adjacent Justices of Peace, and of equal Respects to both Towns, besides many other Gentlemen of Quality in both Counties) being solicited by the Townsmen of Laystoffe, and sensible of what Concernment the quieting of Differences and the due Admeasurement of the said Seven Miles might be, not only to the Good of these Parts, but to the Fishery of this Kingdom, did, upon the 27th of this Month, about Nine of the Clock that Morning, attend the Coming of the Sheriffs, at the Bridgefoot entering into Yarmouth (being the Place and Day appointed by the said Sheriffs), where, about Eleven of the Clock, the Under Sheriff of Norff. Mr. Roger Smith appeared, and made his Excuse for the High Sheriff, videlicet, "That he was at his House about Thirty Miles distant, and not in Health; but that he was sufficiently empowered to dispatch the Business."

"Soon after, the Under Sheriff of Suff. appeared, who told us, he expected the High Sheriff; desiring that his Employment therein might be suspended as long as might be: So that, fearing we should be disappointed of both the High Sheriffs, and conceiving that the Under Sheriffs might proceed in the Work, the Town of Laystoffe desired (in respect the Day was far spent, and that our Journies and Trouble might not be fruitless) that the Under Sheriffs would begin to admeasure.

"Upon which, the Under Sheriff of Norff. made several Cavils upon the said Lords Order, declaring, That it was not of Validity to give away another's Right; and that there was no certain Way to compose the Difference, but by a Trial at Common Law.

"On the other Side, the Town of Laystoffe insisted upon his Obedience of the Lords Order, and pressed that he would begin the Admeasurement from The Crane Key, according to the Order. He replied, "That the whole River from Yarmouth Bridge to the Haven's Mouth (which extends full Two Miles) was The Crane Key (as he had been informed); and that the Admeasurement was to begin at the Haven's Mouth as properly as at any other Place.

"Upon which, some of us went into Yarmouth (for better Satisfaction), and viewed the Place, and found that there was no other Crane standing between the Bridge and the Haven's Mouth, but only this which is mentioned in the Lords Order; and that this Key where the Crane stands hath ever been called The Crane Key, and no other (as was certified by several ancient Yarmouth Men). It is true that there are several other Keys belonging to particular Men; but those Keys are maintained at the particular Charge of the Owners: But this Key whereon the Crane stands is Town Ground, and doth solely belong to the Town, and hath been Time out of Mind so called; and is placed just over against their Custom-House, and the Ground whereon this Crane stands is called Butteld, and bounded by Mr. George England's Key towards the South, and Mr. James Johnson's Key on the North, the Haven on the West, and the Custom-house on the East; and there is no Crane upon either of those Keys, nor upon any other Key; so that we affirmed there could be no other Crane Key but this, or from whence the Admeasurement ought to begin. But the Under Sheriff of Norff. told us, "He could not be satisfied to begin there, in respect the Name of the Key was so general;" although for above a Mile and Half by the River there is no Key, nor no Crane, but upon the aforesaid Public Key.

"Whereupon we advised the Under Sheriff of Norff. to begin where he would, and the Under Sheriff of Suff. to begin where his Reason guided; and certify to the Lords where they did begin, and upon what Reasons, and leave the Determination of that to their Lordships. But that the Under Sheriff of Norff. refused to do; still persisting and maintaining that the Lords had not Power to give away another's Right. To which we answered again, "That their Order was not a Giving-away of Right, but an Explanation or Direction how the Right might be enjoyed; and that it was not intended that the least Proportion should be taken from the Seven Miles, which is all that Yarmouth were to have; as also Places where to begin and end, suitable to the Order." But he, continuing still obstinate, retired from us into that Town, where he dined with the Bailiffs.

"About Three of the Clock the same Day (the Under Sheriff of Norff. being again desired, but refused, to join with the Under Sheriff of Suff. and in the open Street giving unhandsome Replies to some of the Justices), upon the Request of Laystoffe, the Under Sheriff of Suff. took to him Two Surveyors of able and honest Repute, and proceeded to measure; and though it had been more easy and advantageous for Laystoffe to begin the Admeasurement on the other Side of The Crane Key, cross the Water (whereby they had only walked upon Suff. Ground), yet, that the Town of Yarmouth might be privy (if they would) to their own Concern (with some Hazard to all our Persons), the said Two Surveyors began from the Foundation of the Crane upon that Public Town Key, and so measured in as direct a Line as they could where they might boat over to Suffolke Shore; and though they did measure the Breadth of the Water which we crossed, containing Eighteen Pole in Length, yet they did not compute it in the Admeasurement of the Seven Miles.

"It was near Four when they began; and notwithstanding the Under Sheriff of Norff. did publicly endeavour what he could to obstruct all Proceedings (even to the Gate of the Town where he left us), and the People of the Town (no Magistrate appearing) pursuing us also in great Multitudes, with many Insolencies, by provoking Languages and several Disturbances; yet the Two Surveyors (the Under Sheriff riding by them) did finish the Work about Half an Hour before Sun-set that Day; the Period of the Seven Miles falling short Eighteen Pole of the ancient Limit of the Seven Miles, besides the Breadth of the Haven, which was not computed as aforesaid.

"In the whole Passage, Two of the Justices, with the Two Surveyors, kept an exact Accompt of the Number of every Chain's Length; and upon Conclusion of the Work, with a sealed Yard and a Two Foot Rule (to prevent Mistake), the Under Sheriff, in the View of us all, measured the said Chain, which Measure contained Four Pole, every Pole being Sixteen Foot and an Half, according to the Statute; so that Ten of those Chains Length made a Furlong, and Eight of those Furlongs a Mile, which is according to Statute Measure 35 Eliz. Ch. 6. And upon the End of the Seven Miles thus measured, the Under Sheriff hath ordered a Post to be set up.

"In Testimony of these Proceedings, we have set Our Hands this 28th of May, A°. Dom. 1662.

"Hen. Bacon.

Jo. Pettus.
Jo. Bedingfeild.
Tho. Scrivener.
Tho. Leman.
Wm. Gooch.
Ja. Le febure.
Jo. Playters.
Wm. Cooke.
Anthony Jenkenson.
MG. Woodhouse.
Wm. Crane.
Jo. Hall.
Tho. Plumsted.
Ric. Balgrave.
Ric. Vynors.
Cyriac Coke."

May 28th, 1662.

"Coming the last Night to Yarmouth, being the Day appointed by mutual Consent, and this Morning to Laystoffe; I found these Persons above written remaining there, who were pleased to give me this Narrative of my Under Sheriff's Proceedings as abovesaid. And I do hereby approve of the said Admeasurement, as conceiving it a Means to determine the Differences of the said Two Towns.

"Rog. Williams."

Smith, Under Sheriff of Norfolk, to be attached.

This Narrative being read, Sir Henry Bacon Baronet and Sir John Petus were called in; and, at the Bar, testified upon their Oaths the Truth of the Matter of Fact contained in the said Narrative.

Upon Consideration whereof;

The Question being put, "Whether the said Roger Smith, late Under Sheriff, shall be sent for as a Delinquent?"

It was Resolved in the Affirmative.

Upon further Debate also, the House made this Order following:

Order concerning Measurement of Lands between Yarmouth and Leostaff.

Upon the Oaths of Sir Henry Bacon Baronet and Sir John Pettus made this Day at the Bar, and the Reading of a Narrative subscribed by several Justices of Peace and many other Gentlemen of Quality of both the Counties of Norff. and Suffolk, on the Behalf of the Townsmen of Lowestoste, in the County of Suff. "That, upon View, they find that this Key where the Crane now stands hath ever been called The Crane Key, and no other;" and a Resolution, Declaration, and Judgement, passed by the Vote of the Lords Spiritual and Temporal in the High Court of Parliament, dated the Twenty-sixth of February, 1661, between the said Inhabitants of Lowstoste and the Bailiffs of Great Yarmouth, in the County of Norfolk, for the Measurement of Seven Miles from the said Crane Key, in the Haven of Yarmouth aforesaid, to extend Seven measured Miles from the said Key and no further, hath been disobeyed, and contemptuously neglected to be executed, by Roger Smith, the late Under Sheriff of Norfolke, although he was earnestly pressed to yield Obedience, by making a Measurement of the said Seven Miles from the said Crane Key, as in the said Judgement is directed; of which Neglect and Disobedience this House is very sensible: It is therefore now ORDERED and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That a punctual Obedience shall be yielded unto their former Judgement; and that the Admeasurement therein directed be made and performed, by the present Sheriffs for the said Counties, between the Date hereof and the Twenty-fourth of June next ensuing."

E. of Salisbury's Privilege, being assessed for Horse, &c. in Somersetshire.

Whereas the Earl of Salisbury, being Owner of the Moiety of the Rectory of Martock, in the County of Somersett, and the most Rent the said Earl ever received for the same is but One Hundred Ninety and Two Pounds, Three Shillings, and Four Pence, per Annum; yet the Deputy Lieutenants of the said County, being acquainted therewith, and notwithstanding the Order of the Lords in Parliament, of the Seventeenth of December, 1660, shewed unto them, did assess a Horse and Arms upon the said Earl, and gave Warrant under their Hands and Seals for levying the Sum of Twenty Pounds upon the Tenants of the said Earl, in Lieu of the said Horse, which was executed the Third Day of February, 1662; the which is contrary to the Privilege of the Peers of England, and done within the Forty Days before the Sitting of this present Session of Parliament:

It is therefore ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the whole Business is hereby referred to the Consideration of the Lords Committees for Privileges; whose Lordships having considered thereof, and called before them Sir Thomas Bridges, Sir Hugh Smith, Sir George Norton, and Sir John Sydenham, Deputy Lieutenants of the said County, or so many of them as their Lordships please, afterwards are to make Report thereof unto this House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem crastinum, 14^um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.