House of Lords Journal Volume 11: 20 June 1661

DIE Jovis, 20 die Junii.

Domini præsentes fuerunt:

PRAYERS, by Dr. Hodges.

Sir A. Brown's Bill.

Hodie 1^a vice lecta est Billa, "An Act for enabling Sir Anthony Browne to sell Land, for Payment of his Debts."

E. of Banbury's Title.

ORDERED, That the Report from the Committee of Privileges, concerning the Earl of Banbury, shall be made on Friday the 28th Day of this Instant June.

Message from H. C. with Bills.

A Message was brought from the House of Commons, by the Lord Cornberry and others:

To return to their Lordships the Two Bills, to which they have concurred with their Lordships in the Amendments; videlicet,

1. "An Act to repeal the Act for disabling Persons in Holy Orders to exercise Temporal Jurisdiction or Authority."

2. "An Act for a free and voluntary Present to His Majesty;" which the House of Commons desire may be returned to them, that so they may present (fn. 2) to His Majesty, it being Matter of Money.

Order for Mr. Hampson to make up Rolls in the Statute Office.

Whereas the House was this Day informed, "That, by Act of Parliament of 23 H. VIII. the Clerk of the Statutes was enjoined to make Two several Rolls indented, of all Recognizances acknowledged by that Act, One to remain with the Chief Justice or Mayor of the Staple and Recorder, the other to remain with the Clerk of that Office, for Public Use; and Sir Thomas Hampson deceased, late Clerk of that Office for the Years 1634, 1635, 1636, 1637, 1638, 1639, and 1640, made up no Rolls, only Entries of Statutes in Books, so that nothing appears in the Office of the Statutes in those Years: And whereas Rob't Hampson, Son and Executor of the said Sir Thomas, doth detain the said Books, and hath not made up the said Rolls for the said Years according to the Statute in that Behalf made, and also refuseth to deliver the said Books into the Office, whereby the present Officer might make up the said Rolls:"

It is ORDERED, That the said Robert Hampson shall make up the Rolls out of the said Books, thus kept out of that Office, within One Month after the Date of this Order, and return them into the Statute-office for Public Use, or otherwise deliver the Books abovementioned into the said Office within the said Time prefixed; both which Things if he shall neglect to do, their Lordships cannot but look upon it as a high Contempt to this House, which he must give an Account of accordingly.

Order for releasing Lovelace, to attend his Cause in this House.

Upon Report made this Day in the House, "That Francis Lovelace, having a Petition now depending before the Lords Committees for Petitions, is maliciously arrested, and kept in Custody, upon a pretended Action, on Purpose that he might not attend and follow his Business; which is contrary to the Privileges of Parliament:"

It is ORDERED, That the said Francis Lovelace be forthwith released and set at Liberty out of the Custody of John Hill Serjeant, that thereby he may be enabled to attend their Lordships in the Prosecution of his Cause now depending before them: And hereto all whom it may any Ways concern are to yield their Obedience, as they will answer the contrary to this House.

Towns of Leostoff and Yarmouth, about a Fishery.

Upon hearing the Counsel this Day at the Bar, between the Inhabitants of the Town of Lowestofte, in the County of Suffolke, Plaintiffs, and the Bailiffs of the Town of Great Yarmouth, in the County of Norff. in Behalf of themselves and that Corporation, Defendants, concerning the Right of Fishing, whereunto both Parties make Claim by their Petitions:

It is ORDERED, That it is hereby referred to the Judges, to consider whether the Statute of 31 E. III. Cap. 1° et 2°, be repealed by the Statute of 11 R. II. Cap. 7. or by any other Statute; and that the Counsel on both Sides do attend the Judges in this Cause at such Time as they shall appoint, who are afterwards to deliver their Opinions herein unto this House, as soon as conveniently they may; and lastly, that Witnesses on both Sides shall be sworn, and examined at this Bar on Thursday next, the 27th of this Instant June, touching the Matter of Fact, whereof the Parties are to have Notice, who are then to come provided accordingly.

Aylworth versus Evett, in Error.

Whereas Henry Evett, Defendant in a Writ of Error depending in this House, brought in by Richard Ayleworth Esquire Plaintiff the last Parliament, hath not prosecuted at all in the said Writ, nor assigned Errors, although he hath had Twenty Days given him, by an Order of this House, dated the 25th of May last:

It is ORDERED, That the Transcript of the Record shall be remitted, and the said Evett left to take his ordinary Course in Law, notwithstanding the said Writ of Error. And hereof those whom it may concern are to take Notice, and yield Obedience accordingly.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 21^um diem instantis Junii, 1661, hora decima Aurora, Dominis sic decernentibus.