House of Lords Journal Volume 11
19 July 1661

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1767-1830

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'House of Lords Journal Volume 11: 19 July 1661', Journal of the House of Lords: volume 11: 1660-1666 (1767-1830), pp. 314-315. URL: http://www.british-history.ac.uk/report.aspx?compid=14152 Date accessed: 24 November 2014.


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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. Treasurer.
L. Privy Seal.
Dux Bucks.
Dux Albemarle.
Marq. Winton.
L. Great Chamberlain.
L. Steward.
L. Chamberlain.
Comes Derby.
Comes Bedford.
Comes Pembrooke.
Comes Lyncolne.
Comes Suffolke.
Comes Exon.
Comes Bridgwater.
Comes North'on.
Comes Devon.
Comes Denbigh.
Comes Bristoll.
Comes Westm'land.
Comes Berks.
Comes Cleveland.
Comes Rivers.
Comes Dover.
Comes Carnarvon.
Comes Newport.
Comes Chesterfeild.
Comes Portland.
Comes Cardigan.
Comes Anglesey.
Comes Bathon.
Comes Carlile.
Viscount Mountagu.
Viscount Campden.
Viscount de Stafford.
Viscount Mordant.
Ds. Awdley.
Ds. De la Warr.
Ds. Berkley de Berk.
Ds. Stourton.
Ds. Windsor.
Ds. Wharton.
Ds. Willoughby.
Ds. Pagett.
Ds. Hunsdon.
Ds. Petre.
Ds. Arundell.
Ds. Howard de Char.
Ds. Craven.
Ds. Lovelace.
Ds. Powis.
Ds. Herbert de Cher.
Ds. Seymour.
Ds. Newport.
Ds. Hatton.
Ds. Byron.
Ds. Vaughan.
Ds. Carrington.
Ds. Widdrington.
Ds. Ward.
Ds. Colpeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley de St'atton.
Ds. Holles.
Ds. Cornwallis.
Ds. Townsend.
Ds. Ashley.
Ds. Crewe.

PRAYERS, by Dr. Hodges.

Militia Bill.

Hodie 2a 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.
L. Steward.
Comes Derby.
Comes Bedford.
Comes Suffolke.
Comes Exon.
Comes Bridgwater.
Comes North'on.
Comes Bristoll.
Comes Westm'land.
Comes Berks.
Comes Cleveland.
Comes Portland.
Comes Anglesey.
Comes Bathon.
Comes Carlile.
Viscount Campden.
Viscount de Stafford.
Ds. Windsor.
Ds. Wharton.
Ds. Howard de Charlt.
Ds. Craven.
Ds. Herbert de Cherb.
Ds. Seymour.
Ds. Newport.
Ds. Widdrington.
Ds. Lucas.
Ds. Bellasis.
Ds. Lexington.
Ds. Holles.
Ds. Cornwallis.

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.

Hodie 2a 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.

Hodie 2a 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 Fens."

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 Committee.

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.

Hodie 1a vice lecta est Billa, "An Act for the erecting of a Court at Yorke."

Bill for restoring Advowsons, &c. taken away upon Compositions.

Hodie 2a 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.

Orlebear's Bll.

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 concerned.

Hodie 3a 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 Affirmative.

ORDERED, The Duke of Bucks and the Lord Chamberlain are added to the Committee for Corporations.

Bill for preserving Deer.

Hodie 2a 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. Treasurer.
L. Privy Seal.
D. Bucks.
Comes Bedford.
Comes Bridgwater.
Comes North'ton.
Comes Westm'land.
Comes Berks.
Comes Rivers.
Comes Portland.
Comes Carlile.
Viscount Mountagu.
Viscount Campden.
Ds. Delawar.
Ds. Pagett.
Ds. Petre.
Ds. Hatton.
Ds. Ward.
Ds. Lexington.
Ds. Holles.

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.

Briscoe's Bill.

Hodie 1a 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.

Hatfield Level.

ORDERED, That the Report concerning Hatfeild Levell shall be made To-morrow Morning.

Adjourn.

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,

Dorsett.
J. Bridgewater.
Stafford.