House of Lords Journal Volume 14: 23 November 1691

DIE Lunæ, 23 die Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day John Lord Bishop of Bristoll and Ford Lord Grey of Werke took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes.

E. of Aylesbury's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the making a Twelve Years Lease, made by the Earl and Countess of Ailesbury for Payment of Debts (which was determinable on their Deaths), to have Continuance absolutely for those Twelve Years."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir John Francklin:

To carry down the said Bill, and desire their Concurrence thereunto.

Sedgwick versus Hitchcock.

Upon reading the Petition of Obadiah Sedgwick Merchant; shewing, "That the House having adjudged that George Hitchcocke and others, Creditors of Richard Slaney, deceased, shall be at Liberty to proceed at Law, whereby to endeavour to defeat the Petitioner of his Security, not only for the One Thousand Four Hundred Pounds, Part of the Two Thousand Pounds by him bona Fide lent, without any Manner of Notice that the said Slaney was a Bankrupt, but also of the Eight Hundred Pounds which was decreed to the Petitioner; and that it was (as the Petitioner fears) upon a Deed started against him, which, had he been apprised of, he could have sufficiently answered:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Obadiah Sedgwick shall be heard, by his Counsel, on Wednesday next, at Ten of the Clock in the Forenoon, to that Point only upon the Deed mentioned in his Petition.

Stephens versus Woollaston.

The House being moved, on the Behalf of Sir Richard Stephens, who hath brought an Appeal into this House (he being sick of the Gout), "That his Son may enter into Recognizance for him:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Richard Stephens's Son (Stephens) may enter into Recognizance, as desired.

Parker versus Thornhill.

The House being this Day moved, "That Sir Thomas Dyke may enter into Recognizance for the Children of the Lady Parker, upon their Appeal depending in this House:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Thomas Dyke may enter into Recognizance, as desired.

Cruse, E. of Rochester's Bailiff, arrested; Wilkins to be attached.

Upon Oath made at the Bar of this House, "That John Wilkins, of Wootten Basset, in the County of Wiltes, Attorney at Law, hath several Times arrested Charles Cruse, Bailiff to the Right Honourable Lawrence Earl of Rochester, a Peer of this Realm, and particularly on the Second Day of November; which being done within the Time of the Privilege of Parliament, contrary to the Privilege of Parliament:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith attach the Body of the said John Wilkins, and bring him in safe Custody to the Bar of this House, to answer for his Contempt; 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 Officers, to be aiding and assisting in the Execution hereof.

Gay versus Beaple.

Upon reading the Petition of Martha Gay Widow; praying a Day may be appointed for hearing of her Appeal depending in this House, to which Thomas Beaple is Defendant; and that Service upon the Clerk in Chancery may be good Service:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Tuesday the Eighth Day of December next, at Ten of the Clock in the Forenoon; and that the Service of this Order upon Thomas Beaple's Clerk in Chancery shall be good Service.

Watts versus Hoskins, Master in Chancery, for Waiver of Privilege in Tithe Causes.

Upon reading the Petition of William Watts Batchelor in Divinity, and Rector of the Rectory of Dore, in the County of Hereford; shewing, "That he has, for Ten Years last past, been obstructed in his legal Proceedings against William Gorson and others, Owners or Occupiers of several Farms or Lands in the said Parish of Dore, for the Recovery of great Quantities of Tithes due to the Petitioner, by Sir John Hoskins a Master in Chancery, alledging that they are his Tenants; and praying that he may be at Liberty to proceed in his Cause, notwithstanding the Pretences of the said Sir John Hoskins:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir John Hoskins be, and is hereby, required to attend this House To-morrow, at Ten of the Clock in the Forenoon, to give the House an Account of this Business complained of in the Petition of the said William Watts.

Sir Ralph Delavall et al. attend.

The House being informed, "That Sir Ralph Delavall and others attended at the Door, pursuant to the Order of this House;"

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir John Hoskins:

To desire to have the Papers returned that were delivered at the last Conference, their Lordships having present Occasion to make Use of them.

ORDERED, That the Lord Keveton be sent to, and desired to come hither presently.

Battyne examined.

Then Mr. Edward Battyne was called in to the Bar, and sworn; and was asked several Questions upon the Copies of Letters writ by him to a Gentleman of the House of Commons; (videlicet,)

Battyne's Letters.

"SIR,

"Yesterday Sir Ralph Delavall came to Spithead with his Squadron very much shattered: He had no Orders to go for Ireland, nor heard a Word of the French Ships, or any other there, but was to lie Fifteen Leagues off Scilly; but, by bad Weather, was forced above a Hundred Leagues thence; and the Squadron, both English and Dutch, exceedingly straightened for Provisions. The Dreadno't hath brought in a Prize here, a small Ship belonging to a Merchant at Bristoll, taken formerly by the French, and restored, and sent to the West Indies, and coming back fell into the Hands of the French, and now retaken again.

"SIR,
Your most humble Servant,
Ed. Battyne."

"Sir R. Delavall took a French Packet Boat going for Ireland. They threw one Packet over-board; but in others, Sir Ralph found Copies of his own Orders, and of some that had not come to his Hands, &c."

"SIR,

"What I communicated to you concerning the Return of Sir Ralph Delavale from his Expedition (which proved so fruitless) I had from himself, who I know is a discreet and worthy Person, and can himself give the best Account of his own Orders and Motions, and will do it further when thereunto required."

And he said, "Sir Ralph Delavall told him, There was a Letter of General Ginckle's, wherein were Things relating to Orders; and that he had the other Things mentioned in his Letters as News, and not from Sir Ralph."

The Messenger sent for the Lord Keveton returns Answer,

"That he is not in Town."

Ld. Keveton, Sir R. Delaval, et al. to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Right Honourable Peregrine Lord Keveton, Sir Ralph Delavall, Captain Gillam, Captain Martin, and the French Captain, do attend this House To-morrow, at Ten of the Clock in the Forenoon.

Sedgewick versus Hitchcock. Price et al. to attend.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Isaac Price, James Kendrick, and the Clerk to the Commissioners of Bankrupt, awarded against John Slaney and John Cudmore, do attend at the Bar of this House on Wednesday next, at Ten of the Clock in the Forenoon, to be sworn as Witnesses; and to bring with them the Depositions and Examinations taken before them, on the Behalf of Obadiah Sedgwick.

Burrowes versus Dod.

Upon reading the Petition of Thomas Burrowes; shewing, "That, by the Order of this House, made the Nineteenth Day of December, One Thousand Six Hundred and Ninety, he had Liberty (notwithstanding former Orders) to try his Title at Law; and that he had since a Verdict at Law, and Possession thereupon delivered by the Sheriff; yet the Appellant Anne Dod, and other the Appellants, prosecute the Petitioner, by Colour of the Order of the Thirtieth Day of April, One Thousand Six Hundred and Ninety, to account in the Court of Chancery for the Profits of his own Estate; and praying Directions to the Court of Chancery to discharge the Petitioner from accounting there, and leave him to his further Remedy, for recovering of the Mean Profits received by the Appellants, and for Damages for Waste done during their Possession:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Anne Dod, and other the Appellants, may have a Copy of the said Petition; and they are hereby required to put in their Answer thereunto, in Writing, on Monday the Thirtieth Day of this Instant November, at Ten of the Clock in the Forenoon.

Jones versus Swayne.

Upon reading the Petition of Richard Jones and William Bray, Respondents to the Appeal of William Swayne Esquire, praying a short Day for hearing their Cause depending in this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Wednesday the Ninth Day of December next, at Ten of the Clock in the Forenoon.

Webb versus Whiteing.

Upon reading the Petition of Nathaniell Web, Administrator of Joanna Web, Widow and Executrix of Nehemiah Web, deceased, Defendant, to the Petition and Appeal of John Whiteing and Michael Pope, Sugar Bakers, Appellants; and praying a Day may be appointed for hearing thereof:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Thursday the Tenth Day of December next, at Ten of the Clock in the Forenoon.

Browne versus Wayte.

After hearing Counsel this Day at the Bar, to argue the Errors assigned upon the Writ of Error depending in this House, wherein Richard Browne is Plaintiff, and Edmund Wayte Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the hearing the Judges, and giving Judgement upon the said Writ of Error, shall be adjourned until Wednesday next, at Twelve of the Clock.

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, (videlicet,) 24^um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.