House of Lords Journal Volume 11: 26 February 1662

DIE Mercurii, 26 die Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Tenants of Rannes, &c. Bill.

ORDERED, That the Committee for the Bill concerning the Manor of Ramnes do meet on Saturday Morning next; and the Earl of Portland is added to that Committee.

Knollys's Bill.

Hodie 1^a vice lecta est Billa, "An Act for enabling Thomas Knoyllis Esquire to sell the Manor of Bowcomb, for Payment of the Debts of Sir Henry Knollys, deceased, his Elder Brother, and for the raising of Portions for his Younger Children."

Bill to confirm Three Acts.

Hodie 1^a vice lecta est Billa, "An Act for confirming Three Acts, therein mentioned."

Oakover's Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable Rowland Oakever Esquire to sell some Lands, for the Payment (fn. 1) of his Debts."

Slingsby's Bill.

Hodie 1^a vice lecta est Billa, "An Act for Sale of Sir Robert (fn. 2) Slyngsby, deceased, his Lands, for Payment of his Debts."

Message to H. C. with a Bill.

A Message was sent to the House of Commons, by Sir Thomas Escott and Sir Moundeford Bramston:

To deliver to them the Bill concerning the Marquis of Winton, and desire their Concurrence therein.

The Messengers return with this Answer:

Answer.

That they have delivered the Marquis of Winton's Bill to the House of Commons.

Towns of Leostoss and Yarmouth, concerning a Fishery.

Upon hearing Counsel, on the 20th of June last, at this Bar, on the Behalf of the Inhabitants of Lowestoste, in the County of Suffolke, Plaintiffs, and the Counsel for the Bailiffs of Great Yarmouth, in the County of Norfolk, in Behalf of themselves and that Corporation Defendants, upon their several Petitions depending before the Lords in Parliament, concerning the Herring Fishing, and buying and selling of Herrings, in the Fair of Great Yarmouth aforesaid; it was then ordered by this House to be referred to the Judges, to consider whether the Statutes of the 31th of E. III. C. I. and 2. be repealed by the Statute of the II R. II. Cap. 7. or by any other Statute; and that the Counsel on both Sides should attend the said Judges in that Behalf: And the Report being since made unto this House, by the Lord Chief Justice of the Common Pleas, "That he and other of the Judges had (according to the said Order of the 20th of June, hearing Counsel on both Sides) considered of the said Statutes; and that they are all of Opinion, That neither the Statute of II R. II. nor any other Statute, hath repealed that of 31 E. III.; but that the said Statute of 31 E. III. in that Behalf is of full Force and Effect: But as for the great Matter of Difference between the Petitioners, from what Place the Seven Miles mentioned in the said Act of 31 E. III. were to be measured, the Judges left that to the Determination of this House."

Whereupon the Lords this Day heard Counsel on both Sides, at the Bar, to sum up the Evidence formerly given before their Lordships, who also stated the Case to this House:

And, after a long and serious Debate amongst their Lordships, it is Resolved, Declared, and Adjudged, by the Vote of the Lords Spiritual and Temporal in Parliament assembled, That there shall be a Measurement made, at or before the Four and Twentieth Day of June next after the Date hereof, by the several and respective Sheriffs of the Counties of Norfolke and Suffolke, from the Crane Key, in the Haven of Great Yarmouth aforesaid, to extend Seven measured Miles from the Key, and no further; at which Place a new Post is to be set up, to bound the Limits aforesaid, within which Extent the said Bailiffs and Corporation of Yarmouth are to enjoy their full Privileges and Immunities as the said Statute of 31 E. III. and their Charters do afford them, and no further; any former Order or Award in this Case in any Wise notwithstanding.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 27^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.