House of Commons Journal Volume 8: 20 January 1662

Lunæ, 20 die Januarii, 13° Car. Regis IIdi.

Prayers.

Promulgation of Acts.

ORDERED, That it be referred to the Committee appointed to examine the publick printed Acts, and compare them with the Roll, and to examine the Rolls of other publick Acts, and to see that the same, and the Clauses and Provisoes therein, do cohere; to take into Consideration also the Inconveniencies complained of to be occasioned by his Majesty's Printer, in causing all the publick Acts to be bound up together, so as no Member of this House, or any other Person, can have any one of them for their own Satisfaction, but they must be at the Charge of the Whole; and also to take into Consideration such Expedients as they shall find necessary for publick Acts of Parliament, to be published and proclaimed according to ancient Use, that all Parties concerned may have Notice, and give Obedience to them; and to make Report thereof to this House.

Presentations.

Resolved, That the Committee appointed to call before them Mr. Phillip Nye, according to an Order of this House of the Seventh of this Month, shall have Power also to call before them any other Persons besides the said Nye; and to require and receive from them all Presentations to any Ecclesiastical Benefices and Promotions, made in the Time of the late usurped Powers; and all such Books and Registers, which they, or any of them, have in their Custody, or can come by, of any Entries of Admissions, Institutions, and Inductions thereupon.

Barry's &c. Petition.

Ordered, That the Petition of Christopher Barry, and others, of the County of Oxon, be read To-morrow Morning.

Privilege.

Upon Information to this House, that one Ferrers, upon a Supposition that he was the Person that, as Attorney for one Richard Gifford, had obtained Judgment, and taken out Execution, against Sir Wm. Fleetwood, one of the Members of this House, was, according to the Order of this House of the Seventeenth of December last, taken into the Custody of the Serjeant at Arms, to answer his Breach of Privilege in that Point: Whereas it now appears, that one Samuell Holmes was the Person guilty of the said Breach of Privilege:

Resolved, That the said * Ferrers be discharged of his Commitment, without Fees: And that the Serjeant at Arms attending this House, or his Deputy, do apprehend, and take into Custody, the said Samuell Holmes; to answer his Breach of Privilege: And all Proceedings upon the said Judgment are stayed, according to the said former Order.

Norfolke Fens.

A Bill for settling a Corporation concerning certain Fens and low Grounds in the County of Norfolke, was this Day read the First time.

Resolved, That this Bill be read the Second time on this Day Sevennight.

Privilege.

Upon Information, that one Robert Sherborne had caused Declarations at Law to be delivered, by one George Gosnold, an Attorney, to the Tenants of certain Lands conveyed by Sir Edward Mansfeild to the Lord Ancram, a Member of this House, in Trust, thereby to try the Title of the said Lands; although he knew the Lord Ancram to be a Member of this House, before such Declarations were delivered;

Ordered, That the Serjeant at Arms attending this House, or his Deputy, do apprehend, and take into Custody, the said Robert Sherborne; to answer his Breach of Privilege, in causing the said Declarations to be delivered to the Tenants of the Lord Ancram, although he knew his Lordship to be a Member of this House.

Bearealston Election.

Serjeant Charleton made Report from the Committee of Privileges and Elections, touching the Election for Bearealston. That one Elize Crymes, having petitioned against the Election of Mr. Haward, returned a Burgess for the said Borough, had failed to attend to make good his Petition, though several Days were appointed for the Hearing thereof; and the Opinion of the Committee, That the said Mr. Haward's Election ought to remain unquestionable; and that the Petition of the said Elize Crymes should be dismissed.

Resolved, upon the Question, That this House doth agree with the Committee, That the said Mr. Hayward's Election, as Burgess for the said Borough of Bearealston, be no further questioned; and that the Petition of the said Elize Crymes be dismissed.

And this House being informed by Colonel Robinson, Mr. Spry, and Mr. Rashley, Three of the Members of this House, That Mr. Haward, being now absent upon urgent Occasions, had desired them to acquaint this House, in case they agreed with the Committee, That he being elected a Burgess also for Tavestock, was contented to wave his Election as to Bearealston, and to serve for Tavestocke;

Ordered, That Mr. Speaker do forthwith make a Warrant to the Clerk of the Crown, for the issuing of a new Writ for the Choice of a new Burgess for Bearealston, in the Place of the said Mr. Haward.

Powell s Estate.

This House resumed the Business upon the Order of the Thirteenth of this Month, for reading the Bill the Third time, sent from the Lords, to make void certain Fines unduly procured to be levied by Sir Edward Powell and his Lady.

And, upon reading of a Petition of Challonor Chute Esquire, who claims as a Purchaser from Mr. Levingston, and his Wife, under the said Fines; and after long Debate of the Matter;

It was Resolved, upon the Question, That Friday next be peremptorily appointed for Mr. Levingston, and Mr. Chute, and Mr. Skinner, and such others as claim as Purchasers under Mr. Levingston, or are concerned; to bring in their Witnesses, and be heard upon the whole Matter, what they have to offer against the Passing of the Bill, to make void the said Fines: And that the Lady Crooke, and the other Coheirs of Sir Peter Vanlore, shall have Liberty at the same Time to bring in their Witnesses, and to have their Counsel heard to make their Reply; and the House thereupon to proceed to the Determination of the Cause.

Captives at Algiers, &c.

Ordered, That Mr. Secretary Morrice, Mr. Corryton, Mr. Southcott, Mr. Samuell Trelawny, Mr. Robinson, and Mr. Rashley, be added to the Committee for the Captives of Algiers and Tunis.

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