House of Lords Journal Volume 14: 24 November 1691

DIE Martis, 24 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Asheton versus Asheton.

Upon reading the Petition and Appeal of Sir Edmund Ashton Baronet, Complainant, against Richard Asheton Esquire, Defendant, in the Court of Chancery, complaining of several Orders, Injunctions, and Proceedings, of the Court of Chancery, the Thirtieth Day of October, One Thousand Six Hundred Eighty-nine; and praying the reviewing and discharging of the said Proceedings:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Asheton, Defendant in Chancery and here, may have a Copy of the said Petition and Appeal; and be, and is hereby, required to put in his Answer thereunto, in Writing, on Monday the Seventh Day of December next, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause timely Notice to be given to the Defendant, to the End he answer accordingly.

Hibbert versus Leech.

Whereas there is a Petition depending in this House, wherein Mary Hibbert Widow is Plaintiff, and Nathan Leech Defendant, to which he was to have put in his Answer the Fourteenth Day of this Instant November, which he hath not yet done:

It is this Day 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 Friday the Eleventh Day of December next, at Ten of the Clock in the Forenoon; and that, in the mean Time, he the said Nathan Leech may answer, if he please.

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

After hearing this Day Sir John Hoskins, in Answer to the Petition of William Watts: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition of William Watts, and the Consideration of the Business therein complained of, be, and is hereby, referred to the Lords Committees for Privileges; who are to meet on Monday the Seventh Day of December next, at Four of the Clock in the Afternoon, in the House of Peers.

Lord Mayor and City of London versus Orphans Court of Inquiry Bill.

Whereas this Day was appointed for hearing the Lord Mayor and Court of Aldermen of the City of London, upon their Petition, against the Bill for Relief of the Orphans of the City of London; Counsel were called in: And those for the City informed the House, "That the City have agreed to settle Eight Thousand Pounds per Annum, of the Revenue of the City, for Payment of the Orphans; and therefore they desired to have the Hearing put off for some Time longer;" to which the Counsel for the Orphans agreed:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel for the City of London, and also for the Orphans, on Monday the Thirtieth Day of this Instant November, at Ten of the Clock in the Forenoon.

Legh versus Aspinall.

Whereas this Day was appointed for hearing the Cause wherein Richard Legh and others are Plaintiffs, and Gilbert Aspinall is Defendant:

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 Friday the Seven and Twentieth Day of this Instant November, the First Business.

Sir R. Delavall examined about Papers intercepted by him in an Irish Vessel going to the French Squadron.

The House being informed, "That Sir Ralph Dalavall was at the Door, pursuant to the Order made Yesterday;" he was called in, and sworn at the Bar.

And being asked several Questions concerning a Packet of Letters, or Papers, taken by Captain Gillam in a French Vessel, and sent up by him hither, he said to the Effect following; videlicet,

"That Captain Gillam having taken a French Vessel, and signifying to him that there was Papers in it from the Governor of Limrick, he sent his Smack for them; which after he had received, and being read to him, his Captain, who understood French, (which he doth not) told him, "that they related to the carrying People from Limrick." He said, "The said French Captain was sent from Ireland to Breast, to Mons'r Shaterno; but he not being there, he was sent back again, to find him out, to deliver him the said Papers." Some Time after, when the Weather was a little calm, he called some Captains on board, amongst whom was the Lord Danby, who read Part of the Papers cursorily; and said, "they concerned the Treaty in Ireland." He saith, "The Papers he sent up, were all he received from Captain Gillam; he lock'd them up in his Closet, where he kept all his Concerns, and had but One Servant that used to go into his Closet, and he could neither write nor read." He saith, "He never heard any One that saw the Letters or Papers say, that there was any Copy of a Letter amongst them from the Earl of Nottingham to himself."

Then the French Captain, being called in, and sworn, says, "That he was sent by the Intendant from Brest, the Seventh Day of September, New Style, to Ireland; the Twenty-second Day of October he went from Ireland; that the French General Dusone sent Two Gentlemen aboard him to carry to Brest, where he arrived the 29th; that the Intendant of Brest sent him with the Papers taken aboard him, to deliver to Mons'r Shaterno, whereever he could find him; that he set Sail from Brest the First Day of November, and was taken by Captain Gillam the Third; and that he threw no Packet overboard, he having no such Orders.

"Duryungedor De Lin."

Regulating Trials for Treason, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for regulating of Trials in Cases of Treason."

ORDERED, To be committed to a Committee of the whole House.

Then the House was adjourned during Pleasure, and put into a Committee, upon the said Bill.

The House was resumed.

And the Lord Cornwallis reported, "That the Committee had made some Progress in the Bill; and desire another Day may be appointed, to proceed on the said Bill."

Message from H. C. to return Papers.

A Message was brought from the House of Commons, by Colonel Granvill:

To return the Papers desired Yesterday; and that they could not do it then, the Papers being at a Committee: The House hath required them from the Committee, and have now sent them.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, (videlicet,) 25^um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.