House of Lords Journal Volume 14: 5 December 1691

DIE Sabbati, 5 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Smith's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Trustees to sell the Estate of Edmond Smith Esquire, deceased, to raise Money for the Payment of his Debts, and to make Provision for his Children, who are Infants."

Pember's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Thomas Pember Gentleman to sell his Estate, for Payment of his Debts, and making Provision for his Daughter."

ORDERED, That the Consideration of these Two Bills be committed to the Lords following:

Their Lordships, or any Five of them; to meet on Wednesday 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.

Albury Bill.

The Lord Cornwallis reported the Bill, intituled, "An Act for enfranchising several Copyhold Lands and Tenements holden of the Manor of Albury and North Myms, in the County of Hertford," as fit to pass, with One Amendment.

Which was Twice read, and agreed to; and the Bill ordered to be engrossed, with the said Amendment.

Conference on the Oaths in Ireland, Bill.

The Commons being come to the Conference, the Names of the former Managers were read, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Earl of Rochester reported, "They had attended at the Conference, and delivered the Reasons as commanded."

Regulating Trials for Treason, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for regulating Trials in Cases of Treason and Misprision of Treason."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Justice Nevill and Mr. Justice Gregory:

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

Zouch versus English.

Upon reading the Petition of James Zouch Esquire; shewing, "That, at a former Hearing, between the said Appellant and Thomas English and his Wife Defendants, before the Lord Keeper North, English produced Articles, which imported that the Three Thousand Pounds, which are now in Question before your Lordships, were to be paid unto the Hands of the Earl of Anglesey and the Lady Baker; and praying, that the said Articles may be produced at the Hearing on Monday next; and that the Service of this Order upon Englishe's Solicitor shall be good Service:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Articles shall be produced at the Hearing of the Cause on Monday next by Mr. English; and that the Service of this Order upon his Solicitor shall be good Service in order thereunto.

Lougher & al. versus Prichard & al.

Upon reading the Petition and Appeal of Richard Lougher Esquire, from a Decree made in the High Court of Chancery, in a Cause there depending, wherein Joan Prichard, Jane Prichard alias Steed, James Steed her Husband, and Thomas Roberts, are Plaintiffs, and the said Richard Lougher, Trebarn Harry, Evan Treharn, Mary John, Henry Evans, David Thomas, and John Decre, Defendants, made the 24th July last past, and praying the Reversal of the said Decree:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Joan Prichard, Jane Prichard alias Steed, and James Steed her Husband, Thomas Roberts, Mary John, Treharne Harry, Evan Treharne, Henry Evans, David Thomas, and John Deere, may have a Copy of the said Petition; and be, and they are hereby, required to put in their Answer or respective Answers thereunto, on the Tenth Day of January next, 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.

Ashton versus Ashton.

The House being this Day moved, "That John Tilley, of The Inner Temple, may be admitted to enter into Recognizance for Sir Edmond Ashton:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Tilley may enter into Recognizance for Sir Edmond Ashton, as desired.

Orphans of London. Court of Inquiry, Bill.

It is ORDERED, by the Lords Spiritual and Tempo ral in Parliament assembled, That the Lord Mayor and Court of Aldermen of the City of London shall be heard, upon their Petition, against the Bill, intituled, "An Act for erecting a Court of Inquiry, in order to the Relief of the distressed Orphans of the City of London," as also Counsel and Witnesses for the Orphans, on Wednesday the Ninth Day of this Instant December, at Ten of the Clock in the Forenoon.

George versus Godsalve.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Rebecca George, nuper Godsalve, Relict and Executrix of Thomas Godsalve defunct. modo Uxor Will'i George, from a Decree made the Thirtieth Day of October last, on the Behalf of Christopher Godsalve, John Godsalve, Thomas Godsalve, Anne Godsalve, Elizabeth Godsalve, by Christopher Godsalve, their Father and Guardian; as also upon the Answer of the said Christopher Godsalve, John, Thomas, Anne, and Elizabeth Godsalve, put in thereunto:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of the said Rebecca George, nuper Godsalve, shall be, and is hereby, dismissed this House; and that the Decree from which she appealed shall be, and is hereby, affirmed.

E. of Stamford versus E. of Suffolk.

Upon reading the Petition of Henry Earl of Stamford:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Right Honourable George Earl of Suffolke may have a Copy of the said Petition; and do answer thereunto on Monday next, at Ten of the Clock in the Forenoon.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Papillon and others:

Who brought up a Bill, intituled, "An Act for preserving Two Ships Lands of Bay Salt, taken as Prize, for the Benefit of Their Majesties Navy."

ORDERED, That the said Bill shall be read on Monday next, in a full House.

Martin examined about Papers intercepted going to the French Squadron.

Upon reading the Order of the Eight and Twentieth Day of November last, for the Lord Keveton to attend; and the Order of the First of December Instant, for Captain Martin, Captain Munden, and others, also to attend:

Captain Martin, being called in and sworn, was told, "That this House, at a Conference with the House of Commons, have received Information of divers Papers taken in a French Vessel, and sent to Sir Ralph Dalavall; and that the Lords have read them, and heard the Lord Keveton concerning them."

Then he said as follows: "October 25th, 1691, Wind at E. b. S. blowing very hard, about Ten in the Morning, The Chester came under our Stern, with a French Prize. He called, and told us, "He had taken in that Prize a French Packet, directed to Monsieur Chatternee." It being such a great Sea that no Boat could with Safety be put out, Sir Ralph Delavall ordered to send out Smack to bring the said Papers on Board; which he did, by heaving a Lead Line on Board The Chester, to which they made fast the said Packet, which the Smack in the like Manner did heave on Board us. The Paper was tied up in a Parchment Carteridge, which was brought to Sir Ralph Dalavall as we were at Prayers. After Prayer, Sir Ralph asked me, "If I could interpret French?" I answered, "That I was no Master of that Language; but that I understood it a little." He desired me to read these Letters, and to endeavour to let him know what they imported. And, after I had perused them, I told Sir Ralph, "That the Tenor of the Letter from General Ginckle to him was as followeth:

"SIR,

"Having understood, by my Lord Nottingham, that you are to command the Squadron of Ships designed to cruize upon the Coast of Ireland, I thought fit to acquaint you, that, by the Capitulation of the Surrender of Limerick, all Hostilities are to cease, both by Sea and Land, upon that Coast of Ireland till such Time as the French and Irish Troops that are in Ireland be transported; wherefore, if you should meet with any French Ships of Transport or otherwise, I desire that it may be observed by you; because it will tend very much to the putting an End to the Business in Hand. The French General hath writ in the same Manner to him that is to command the Squadron upon this Coast." As I remember, One of the Copies was attested by Dursone Governor of Limerick.

"The Copy of the Letter from the French Governor to Monsieur Chaternee Reneau, or him that commanded the French Squadron upon the Coast of Ireland, was, to the best of my Memory, as followeth:

"SIR,

"I thought fit to acquaint you, at the Surrender of Limerick, it was agreed, with him that commanded the French Squadron in The Shannon, that all Hostilities should cease, by Sea as well as by Land, till such Time as the French and Irish Troops are transported; wherefore I advise you, with the Ships of War under your Command, to come to an Anchor in Dingle Bay, and send the Transport Ships into The Channon, for the more easy embarking His Majesties Troops Aboard the Transport Ships, where Transport Ships will be very safe;" or to this Purpose.

"And, in a Postscript;

"SIR,

"Since I wrote this, having understood that Dingle Bay is a dangerous and not a safe Road for this Season of the Year, I desire that you anchor in The Bantrey Bay near to the Isle of Sca Neroe."

"There was some other Letters from private Persons; but of no Import. This is all that I told Sir Ralph Dalavall; and further I know not."

Which done, the Lord Keveton was heard in his Place.

L. Keveton's Information about them. Committee to consider of an Entry in the Journal about this Business.

Upon reading the Order of the 28th of November last, and the Order of the First Instant, for the Lord Keveton and others to attend this House; the Lord Keveton being come; and after hearing Captain Henry Martin and the Lord Keveton, the House named these Lords following, to be a Committee, to draw up what shall be entered in the Journal upon this Business of the Lord Keveton's Information, and hearing several Persons, concerning the Papers taken in the French Vessel:

Their Lordships, or any Three of them; to meet on Monday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 7^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.