DIE Lunæ, 13 die Aprilis.
Domini tam Spirituales quam Temporales præsentes
Epus. St. Asaph.
Epus. Cov. et Litch.
Ds. Custos Privati Sigilli.
L. Great Chamberlain.
Comes St. Albans.
Viscount Say et Seale.
Viscount de Stafford.
Ds. Berkley de Berk.
Ds. Howard de Ch.
Ds. Howard de Esc.
Ds. Berkley de Strat.
Killegrew et al. Nat. Bill.
vice lecta est Billa, "An Act for the naturalizing of Charlotte
Hesten Killegrewe and others."
E. of Portland's and Whitlock's Bill.
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
It was Resolved in the Affirmative.
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
vice lecta est Billa, "An Act to enable
Edward Chaloner Esquire to make Provision for Anne
his Wife, and his Younger Children."
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
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
"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.
"Jo. Wythe, Subvic.
Ja. Le febure.
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.
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
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.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem crastinum, 14um
diem instantis Aprilis, hora decima Aurora, Dominis sic