House of Commons Journal Volume 8
17 July 1661

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1802

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'House of Commons Journal Volume 8: 17 July 1661', Journal of the House of Commons: volume 8: 1660-1667 (1802), pp. 303-304. URL: http://british-history.ac.uk/report.aspx?compid=26390 Date accessed: 26 October 2014.


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Mercurii, 17 Julii, 13° Car. Regis.

Confirming private Acts.

A BILL for confirming of private Acts, being ingrossed, was this Day read the Third time.

Resolved, That the same do pass.

Resolved, That the Title thereof be, An Act for confirming of private Acts.

And Sir Richard Everard is to carry up the same.

Brudenell's, &c. Nat.

Mr. Waller reported from the Committee to whom the Bill for naturalizing of Francis Brudenell Esquire, and the Right Honourable Anna Maria Countess of Shrewsbury, was committed, That the Committee were satisfied, by Testimony of Persons of Honour, that the said Mr. Brudenell and the Countess of Shrewsbury were under Age, so as by the Statute it is not required, that they should take the Oaths of Supremacy and Allegiance; and that therefore they saw no cause to make any Alteration in said Bill.

And the said Bill being thereupon read the Third time;

Resolved, That this House doth assent thereunto: And

Ordered, That the same do pass; and be returned to the Lords.

Privilege.

Ordered, That John Billingsley of Norwich be apprehended by the Serjeant at Arms attending this House, or his Deputy, and brought up in Custody, for forging a Protection under the Hand and Seal of Sir William Doyley.

Ditto.

Ordered, That the said Serjeant at Arms, or his Deputy, do apprehend John Thorner, Phillip Jenkins, John Gobe, and Bridget Gobe, and bring them up in Custody, to answer their Misdemeanors, and Breach of the Privilege of this House.

Great Level of Fens.

A Bill for confirming and continuing an Act for the necessary Maintenance of the Work of draining the Great Level of the Fens, being ingrossed, was this Day read the Third time.

Resolved, That the said Bill do pass:

And Sir William Doyley is to carry up the same to the Lords, for their Concurrence.

Parsons Green Inclosure.

An ingrossed Bill, sent from the Lords, for confirming of an Inclosure of Land, formerly used for a common Highway from Parsons Green to Southfeild in Fullam, and the settling of other Land for a common Highway there in lieu thereof, was this Day read the First time.

Resolved, That the same be read again, the Second time, To-morrow Morning.

Hull Churches.

Mr. Goodrick reports from the Committee to whom the Bill for dividing Trinity Church in Kingston upon Hull from Hasle, was committed, several Amendments to the said Bill: Which he read, with the Coherence, in his Place; and afterwards delivered in the same, with the Bill, at the Clerk's Table: Which said Amendments being twice severally read;

Resolved, That this House doth agree to the said Amendments: And that the Bill, with the said Amendments, be ingrossed.

Deer-killing.

An ingrossed Bill to prevent the unlawful Coursing, Hunting, or Killing of Deer, was read the Third time:

And the Word "unlawful" being inserted therein at the Clerk's Table;

Resolved, That the said Bill, so amended, do pass.

Resolved, That the Title thereof shall be, An Act for to prevent the unlawful Coursing, Hunting, or Killing of Deer:

And * * is to carry up the same to the Lords, for their Concurrence.

Lowe's Lease.

A Petition of George Lowe Esquire, a Member of this House, was this Day read; wherein he doth complain, that he and his Ancestors having been for above one hundred Years Tenants of the Prebend, Manor, and Parsonage of Calne in Wiltshire, held of the Treasurer of the Cathedral Church of Sarum; and that he, and his Mother, (to whom he is Executor) paid to and for Edward Davenant Doctor of Divinity, now Treasurer of the said Church, above 4,000 l. for a Lease of the Premises for Twenty-one Years, which will expire at our Lady Day next; and hath laid out, for Preservation of his Estate, and in Improvement and otherwise, about the Premises, above 4,000 l. more: And having been a great Sufferer for his late Majesty, and also his now Majesty, by Imprisonments, Plunder, Composition, Sequestration, and Decimation, yet the said Doctor doth refuse to grant a new Lease to him of the Premises, but hath granted a concurrent Lease thereof to his Son, or some other Relation: And, although several Orders have been made, for the Petitioner's Relief, by the Lords, and other Persons commissionated by his Majesty to mediate between the Church and the ancient Tenants and Purchasers; yet he refuseth to give any Obedience thereto.

Ordered, That Copies of the said Petition be sent to Doctor Davenant and his Son: And Mr. Hungerford, Mr. Earnley, and Mr. Daniell, Members of this House, or any of them; are desired to deliver the Copy to them; and to treat between the Parties, and accommodate the Difference between them in this Recess of the Parliament, if they can: For the better effecting whereof, it is recommended by this House to the said Doctor Davenant and his Son, to renew the Lease of the Premises to Mr. Low, upon reasonable Terms, according to antient Use; or else to return their Answer therein to this House by some of the Persons before-mentioned; who are to report the same to the House at their first Meeting after the Recess. And it is also recommended to his Majesty's Commissioners, to resume the Cause between the said Parties; and to take it into further Consideration: And, in the mean time, it is desired by this House, that the Lord Bishop and Dean and Chapter of Sarum do forbear to give any Confirmation to the Concurrent Lease, if it be not done.

Leicester Election.

Serjeant Charlton reports from the Committee for Privileges and Elections, touching the Election for the Borough of Leicester * * * *

And the Opinion of the Committee, that Sir John Prettyman was duly elected, and ought to sit.

Resolved, upon the Question, That this House doth agree with the Opinion of the said Committee, that Sir John Prettyman was duly elected Burgess for the said Borough of Leicester, and ought to sit in this House.

Militia.

A temporary Bill for settling the Militia, being ingrossed, was this Day read the Third time.

And Two Provisoes were tendered to be added thereunto: Which were both twice read:

And the Question being put, That the First Proviso should be read the Third time;

The House was divided:

And the Yeas went forth.

Colonel Trelawny, Tellers for the Noes: 142.
Mr. Clifton, With the Noes,
Sir Henry Felton, Tellers for the Yeas: 93.
Sir Bayn. Throgmorton, With the Yeas,

So it passed in the Negative.

And thereupon that Proviso was laid aside.

And the Question being then put, That the Second Proviso should be read the Third time;

The House was divided:

The Yeas went forth.

Lord St. John, Tellers for the Yeas: 143.
Sir John Duncomb, With the Yeas,
Colonel Trelawny, Tellers for the Noes: 101.
Sir Gilbert Ireland, With the Noes,

So it passed in the Affirmative, That the said Proviso should be added to the said Bill.

Resolved, upon the Question, That the said Bill, with the said Amendments and Proviso added thereunto, shall pass.

Resolved, upon the Question, That the Title of the said Bill shall be, An Act declaring the sole Right of the Militia to be in the King; and for the present Ordering and Disposing the same.

Privilege- Persons discharged.

Resolved, That Robert Shawe, Richard George, and Thomas Dawes, being now in the Custody of the Serjeant at Arms attending this House, for their Breach of Privilege in arresting Sir Charles Harbord's Servant, be discharged of their Imprisonment, paying their Fees.

And then the House adjourned till Eight of the Clock To-morrow Morning.