House of Lords Journal Volume 14: 21 October 1690

DIE Martis, 21 die Octobris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Ward takes the Oaths.

Edward Lord Ward took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes.

Kempton Park, Phillips's Bill.

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

ORDERED, That the Consideration of this Bill be, and is hereby, referred to these Lords following:

Their Lordships, or any Three of them; to meet on Thursday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Williams versus Powell et Ux.

Upon Report from the Lords Committees for Petitions, the Petition of John Williams Esquire, being an Appeal from a Decree made in the Chancery of the Great Sessions for the County of Brecon, in a Cause there depending, between Hugh Powell and Anne his Wife, Executrix of Charles Williams, Plaintiffs, and the now Petitioner John Williams Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hugh Powell 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, or respective Answers, 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.

Jones et al. versus Regem.

Upon the Report from the Lords Committees for Petitions (as fit to be received) the Petition of Gaynor Jones Widow, and William Crosse, being an Appeal from a Decree made in the Court of Exchequer, in Trinity Terme, 1688, and a Decree upon a Bill of Review thereof, in Easter Terme last, against them, at the Prosecution of Mr. Attorney General:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Their Majesties Attorney General may have a Copy of the said Appeal; and do 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 timely Notice to be given to Their Majesties Attorney General, to the End he answer accordingly.

Broad discharged.

Upon reading the Petition of Jacob Broad; humbly begging the Pardon of this House, for his having arrested Edward Reddish, One of the Grooms of Their Majesties Ewry in Ordinary:

Who being sent for in, and reprimanded for his said Offence, and asked the Pardon of this House:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Jacob Broad be, and is hereby, discharged, paying his Fees, from the Restraint he lies under; and this shall be a sufficient Warrant on that Behalf.

To Sir Tho. Duppa, Gentleman Usher of the Black Rod, his Deputy and Deputies, and every of them.

Thwaytes versus Dye et Ux.

Upon reading the Petition of Martha Thwaytes, an Infant, by her Guardian; shewing, "That this House, on the 15th Day of December last, did order, That the Petition of John Dye and his Wife should be dismissed, and that the Appellants should pay to the

Petitioner Twenty Pounds Costs, which they have not yet done; and praying that the Serjeant at Arms attending this House may be ordered to take the said John Dye and his Wife into Custody for their Contempt;" upon reading also an Affidavit of Mathew Cocke, "That he hath demanded the said Twenty Pounds of John Deye; and he did not then pay the same, nor' hath he since paid the same to this Deponent, nor to any Person to this Deponent's Knowledge:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Body of John Dye, and bring him in safe Custody to the Bar of this House, to answer for his Contempt of the Order of this House; and this shall be a sufficient Warrant on that Behalf.

To Sir Rog. Harsnett, Serjeant at Arms attending this House, his Deputy and Deputies, and every of them.

De la Chambre et al. Nat, Bill.

This Day Francis De la Chambre and John Moller took the Oaths, in order to their being naturalized.

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

The Order for the Business of the Day, for resuming the Debate and Propositions made Yesterday, concerning the Commitment of Arthur Earl of Torrington, by the Privy Council, for High Crimes and Misdemeanors, was read; and then was read also the Resolve or Vote, drawn by the Committee Yesterday, in this Case.

And, after Debate, and several Questions proposed to be asked the Judges, this Question was propounded to be put to them,

Question to the Judges about it.

"Whether the Earl of Torrington, for the Offence mentioned in the Commitment of the Lords Commissioners of the Admiralty, might not have been committed by the Privy Council?"

Then the Question was put, "Whether the Judges shall be asked this Question?"

It was Resolved in the Affirmative.

Their Answer.

Then, the said Question being put to the Judges, they were all of Opinion, "That the Privy Council have a Power of committing; but as to a Peer, they gave no Opinion."

After Debate, and several Propositions made of Words to be added to the Resolution or Order drawn by the Committee Yesterday;

Amendments proposed to the Resolutions about it.

The Question was put, "Whether these Words, (videlicet), ["That the committing him in that Conjuncture is to be excused, by reason of his having taken a Commission to serve at Sea,"] shall be added to the said Resolution?"

It was Resolved in the Negative.

Then the Question was put, "Whether these Words, (videlicet,) ["by reason the particular Crimes are not specified, to be comprehended within the Stat. 13° Car. 2^di, intituled, "An Act for the establishing Articles and Orders, for the regulating and better Government of His Majesty's Navies, Ships of War, and Forces by Sea,"] shall be inserted in the said Resolution?"

It was Resolved in the Negative.

Then this Question was put, "Whether these Words, (videlicet,) ["by reason the particular Matter that was objected against him, and for which he hath been since committed by the Lords of the Admiralty, was not specified in the Warrant of Commitment,"] shall be inserted in the Resolution?"

It was Resolved in the Negative.

Then this Question was put, "Whether these Words, (videlicet,) ["to prevent its being drawn into Example at any other Time, when there may not be any such Circumstances relating to the Public Safety to excuse it as may be alledged in the present Case,"] shall be added to the Resolution?"

It was Resolved in the Negative.

Then this Question was put, "Whether this Word ["only"] shall be inserted in the Resolution?"

It was Resolved in the Negative.

Then this Question was put, "Whether this House doth agree with the Committee, in the Resolution drawn by them Yesterday?"

It was Resolved in the Affirmative.

His Commitment, by the Privy Council, a Breach of Privilege.

Resolved, upon the Question, by the Lords Spiritual and Temporal in Parliament assembled, That the Commitment of Arthur 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.

Spiller versus Herbert.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees for Petitions do meet on Tuesday next, at Four of the Clock in the Afternoon; and that they do hear Counsel, upon the Petition of Henry Spiller, against Jane Herbert, whether the said Petition is fit to be retained or not.

Quarrel between Ld. Granville and Ld. Keveton.

The House being informed, "That there is a Quarrel entertained between the Lord Granvile and the Lord Keveton; in which Quarrel Thomas Stringer, Son of Sir Thomas Stringer, and George Greenville, Esquires, are likewise concerned:"

Hereupon the following Order was made:

Both to be attached; and Stringer and Grenville.

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House do attach the Bodies of Charles Lord Granvile, and Peregrine Lord Keveton, Thomas Stringer Second Son of Sir Thomas Stringer, and George Greenville,. Esquires, and bring them in safe Custody to this House; and this shall be a sufficient Warrant on that Behalf.

"To Sir Thomas Duppa, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them; and to all Mayors, Sheriffs, Bailiffs, Constables, and other Their Majesties Officers, to be aiding and assisting in the Execution hereof."

L. C. J. of King's Bench to attend.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chief Justice of

Their Majesties Court of King's Bench do attend this House To-morrow, 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 Mercurii, (videlicet,) 22^um diem instantis Octobris, hora decima Aurora, Dominis sic decernentibus.