House of Lords Journal Volume 14: 20 October 1690

DIE Lunæ, 20 die Octobris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Kempton Park, Phillips s Bill.

1^a vice lecta est Billa, "An Act for the enabling the Sale of the Manor of Kempton and Kempton-Parke, and other Lands late of Francis Philips Esquire, deceased."

Allen & Ux. versus Fox & al.

The Lord North reported from the Lords Committees for Petitions, as follows:

"Upon the Petition of John Allen and Mary his Wife, being an Appeal from several Decrees and Orders made in the Court of Chancery, on the Behalf of Thomas Fox and Stephen Fox Infants, and their Mother and Jonas Clarke and his Wife, being reported from the Lords Committees for Petitions, and read in the House: It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Fox and Stephen Fox Infants and their Mother and Jonas Clarke and his Wife may have a Copy of the said Petition; and be, and they are hereby, required to put in their Answer or respective Answers thereunto in Writing, on Monday the Third Day of November next, at Ten of the Clock in the Forenoon, and that in the mean Time all Proceedings in the Courts below shall be stayed; whereof the Petitioners are to cause timely Notice to be given to the Defendants, to the End they answer accordingly."

Broomhall versus Johnson.

Upon Report from the Lords Committees for Petitions, (as fit to be received) the Petition and Appeal of Thomas Broomhall Infant, preferred by William Broomhall his Father and Guardian, from a Decree made in the High Court of Chancery, the 4th Day of July, 1690, in a Cause there then depending, between Henry Johnson Plaintiff, and this Appellant and others Defendants; and praying the Reversal of the said Decree:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Johnson may have a Copy of the said Petition; and be, and is hereby, required to put in his Answer thereunto in Writing, on Thursday the Thirtieth Day of this Instant October, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause timely Notice to be given to the Defendant, to the End he answer accordingly.

Mynne & al. versus Thomas.

Upon Report from the Lords Committees for Petitions, (as fit to be received) the Petition and Appeal of the Honourable Rob't Cecill Esquire and Elizabeth his Wife, Relict and Administratrix with the Will annexed of William Hale Esquire deceased, Rowland Mynne Gentleman, and others, being an Appeal from a Decree made in the Court of Chancery, in a Cause there lately depending between the said William Hale and others Plaintiffs, and Anthony Thomas Esquire Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Anth. Thomas may have a Copy of the said Petition; and be, and is hereby, required to put in his Answer thereunto in Writing, on Thursday the 30th Day of this Instant October, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause Notice to be given to the Defendant, to the End he answer accordingly.

Rowe versus Gwynne.

Upon Report from the Lords Committees for Petitions, (as fit to be received) the Petition of Anthony Rowe Esquire, being an Appeal from a Decree made in the Court of Chancery, in a Cause there depending, between Dorcas Gwynne and Rees Gwynne Defendants, and the Petitioner Plaintiff:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Dorcas Gwynne and Rees Gwynne may have a Copy of the said Petition; and be, and are hereby, requiredto put in their Answer or respective Answers thereunto in Writing, on Thursday the 30th Day of this Instant October, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause timely Notice to be given to the Defendants, to the End they answer accordingly.

Beakbaine versus Harford & Ux.

Upon Report from the Lords Committees for Petitions (as fit to be received) the humble Petition of Thomas Beakbaine, being an Appeal from a Decree made the 25th Day of February, 1685, by the late Lord Chancellor Jeffries, in the Court of Chancery, in a Cause there depending, between the Petitioner and John Harford and Anne his Wife:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Harford and Anne his Wife may have a Copy of the said Petition; and be, and are hereby, required to put in their Answer thereunto in Writing, on Thursday the 30th Day of this Instant October, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause Notice to be given to the Defendants, to the End they answer accordingly.

Hewley versus Weyvill.

Upon Report from the Lords Committees for Petitions, (as fit to be received) the Petition and Appeal of Dorotby Hewley, being an Appeal from a Decree made in the Court of Chancery the 22th Day of November last, by Two of the late Lords Commissioners for the Custody of the Great Seal of England, in a Cause there depending, between Francis Weyvell and Anne his Wife, late Wife of Christopher Hewley deceased Plaintiff, and the Petitioner and others Defendants:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Francis Weyvell and Anne his Wife may have a Copy of the said Petition and Appeal; and be, and are hereby, required to put in their Answer thereunto in Writing, on Monday the Third Day of November next, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause timely Notice to be given to the Defendants, to the End they answer accordingly.

E. of Torrington's Commitment by the Privy Council.

The Order for the Business of the Day, for taking into Consideration the Commitment of Arthur Earl of Torrington by the Privy Council, for High Crimes and Misdemeanors, was read.

The Order of Council is as follows:

The Warrant.

"These are, in Their Majesties Names, to will and require you to receive into your Custody the Person of Arthur Earl of Torrington, herewith sent you, being charged with High Crimes and Misdemeanors, and him to keep in safe Custody until he shall be delivered by due Course of Law; for which this shall be your Warrant. From the Council Chamber in Whitehall, the Tenth Day of July, 1690.

"To our very good Lord the Lord Lucas, Chief Governor of Their Majesties Tower of London, or his Deputy."

Then, after long Debate concerning, the said Commitment,

Committee to consider of it.

The House named these Lords following, to withdraw presently into the Prince's Lodgings, to draw up, upon the Debate, some Vote or Resolution to be entered in the Journal of this House:

After some short Time, the Lords returned; and the L. Marq. of Hallifax reported the Opinion of the Committee; which was read, as follows:

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Commitment of the Earl of Torrington by the Privy Council for High Crimes and Misdemeanors was a Breach of the Privilege of this House; which they think fit to enter on their Books, that the same may not be drawn into Example for the future."

His Commitment a Breach of Privilege.

And, after long Debate hereupon, and several Propositions made to be put to the Judges to have their Opinions therein, and some Words offered to be added to the said Opinion, the House made the following Order:

Lords to be summoned about it.

"The Order made on Saturday last, for adjourning the Debate concerning the Commitment of Arthur Earl of Torrington, by the Lords of the Privy Council, for High Crimes and Misdemeanors only, to this Day, was read: And, after long Debate thereupon, it is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the further Debate of this Business be, and is hereby, adjourned to To-morrow, at Ten of the Clock in the Forenoon, the First Business, and nothing to intervene; and that all the Lords in and about the Town, and all the Judges, be summoned to attend this House at the same Time."

Committee of Privileges.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees for Privileges do fit on Thursday next, at Four of the Clock in the Afternoon, in the House of Peers.

Forster & al. versus Bernard, Munt; & al.

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause wherein Anthony Forster and others are Plaintiffs, and John Bernard Administrator to Humphrey Munt, who was surviving Executor to John Markland, and the Children of Humphrey Munt, which was to be heard To-morrow, shall be heard, by Counsel on both Sides, at the Bar, on Wednesday next, at Ten of the Clock in the Forenoon.

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, (videlicet,) 21^um diem instantis Octobris, hora decima Aurora, Dominis sic decernentibus.