House of Lords Journal Volume 14: 11 November 1685

DIE Mercurii, 11 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir George Crook's Bill.

Hodie 1^a vice lecta est Billa, "An Act for vesting the Lands of Sir George Crook Knight, deceased, in Trustees, to be sold, for the Payment of his Debts."

E. of Stamford, Prisoner in The Tower, Petition, concerning an Indictment for Treason found against him.

A Petition of Thomas Earl of Stamford was read, as follows:

"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

The humble Petition of Thomas Earl of Stamford;

Sheweth,

"That your Petitioner, In July last, was taken into Custody, at his own House in Leicestershire, by Mr. Atterbury, One of the Messengers of His Majesty's Chamber; and being brought to London, was, by the Earl of Sunderland's Warrant, committed Prisoner to The Tower, for High Treason, in conspiring the Death of the late King; where he now is, and ever since hath remained a close Prisoner, and hath not had the Use of Pen, Ink, or Paper, except to sign Petitions in the Gentleman Porter's or Warder's Presence; notwithstanding all which, he takes Leave to assert to your Lordships, that he is innocent of the Crime laid to his Charge, and, on the contrary, hath endeavoured to behave himself with all Duty and Loyalty to the King, and to His Royal Brother of glorious Memory: Nevertheless, he hears there is an Indictment of High Treason found against him; but where, when, or how, or upon what Evidence, or for what Matters, he knows not.

The Premises considered; he most humbly prays, That your Lordships, according to the ancient Course of Proceedings of this most Honourable House, will be pleased to order your Petitioner to be brought before your Lordships in your House of Parliament, there to hear the Matters charged against him; and that thereupon such further Proceedings may be had, as are agreeable to Justice, and the usual Course of Parliamentary Proceedings in Cases of the like Nature.

"And your Petitioner shall ever pray, &c.

"Stamford."

Hereupon the House made the ensuing Order:

Indictment to be returned by Certiorari before the Lords.

"Upon reading the Petition of Thomas Earl of Stamford: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Mayor, and the rest of the Justices of Oyer and Terminer and general Gaol Delivery for the City of London and County of Midd. and their Officers and Ministers, do forthwith return into this House, by virtue of His Majesty's Writ of Certiorari, the Indictment found before them against Thomas Earl of Stamford, now Prisoner in His Majesty's Tower of London for High Treason."

Suppressing Hawkers and Pedlers Bill.

Hodie 2^a vice lecta est Billa, "An Act for suppressing of Pedlers, Hawkers, and Petty Chapmen."

The Question was put, "Whether this Bill shall be committed?"

It was Resolved in the Negative.

Winford versus Atkins.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Barons of His Majesty's Court of Exchequer do attend this House on Friday next, at Ten of the Clock in the Forenoon; at which Time there is a Cause to be heard, wherein Tho. Winford is Plaintiff, and Sir Rob't Atkins Defendant, being an Appeal from that Court.

Order to prevent Stoppages in the Streets, leading to this House.

Upon Complaint made to this House, "That there is such an Interruption, by Hackney Coaches, Carts, and Drays, in Kingstreet, and the Passage to The Old Pallace Yard, in Westm. that the Lords and others are frequently hindered from coming to Parliament, to the Disservice of the King and Kingdom, and great Inconvenience of the Members of Parliament passing to and from the Houses of Parliament."

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westm. or his Deputy, together with the Justices of Peace of the said City, shall, by their Care and Directions to the Constables within the said Limits, take special Order that no empty Hackney Coaches be suffered to make any Stay between Whitehall and The Old Pallace Yard, in Westm. from Nine of the Clock in the Forenoon, till Two in the Afternoon of the same Day, during the Sitting of the Parliament; and that no Carriages, by Carts or Drays, be permitted to pass through the said Streets and Passages, between the Hours aforesaid, during the Sitting of the Parliament; and herein special Care is to be taken by the said Justices and Constables, as the contrary will be answered to this House.

Reading versus Commissioners of Hatfield Level.

Upon reading the Petition of Nathaniel Reading:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition be, and is hereby, referred to the Lords Committees for Privileges; whose Lordships are to consider thereof, and what Proceedings have been formerly in this Matter, and to make Report unto the House.

Hervey versus Hervey, concerning giving Security upon her Appeal.

Upon reading the Petition of Elizabeth Hervey; shewing, "That she is now ready to give Security in this House upon her Appeal, as by Order of the Third of June last was directed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Petitions, to consider what Security is fit to be given by the said Mrs. Hervey, and to hear such Persons thereupon as they think fit; and make Report to the House.

E. of Derby's Bill.

Whereas this House did appoint to hear Counsel, at the Bar, upon a Bill brought into this House, by the Earl of Derby, on the Eleventh of June last past; the House being this Day moved, "That they would be pleased to appoint another Day for Hearing all Parties therein concerned:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the whole Cause concerning the said Earl of Derby, and the Purchasers of several of the Lordships and Lands mentioned in the said Bill, be, and are hereby, appointed to be heard, at the Bar of this House, by Counsel, on Wednesday the Twenty-fifth Day of November Instant, at Ten of the Clock in the Forenoon; and hereof all Parties concerned are to have timely Notice from the Earl of Derby, to attend the said Hearing accordingly.

Eaton versus Lane, in Error.

Upon reading the Petition of John Lane; shewing, That he obtained a Verdict in the King's Bench; and that, by virtue of a Writ of Error, it is returned into this House: That the Plaintiff hath alledged Diminution, and 'signed the general Errors, and the Petitioner joined Issue; and on the 29th Day of June last, the Defendants moved this House for a Certiorari to the Custos Brevium, which was then ordered, that they should certify by the Eighth of July following, which as yet is not done:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, on both Sides, to argue the said Errors, on Wednesday the 18th of November Instant, at Ten of the Clock in the Forenoon; whereof the said John Lane is to cause timely Notice to be given to the said George Eaton and others, Defendants, to the End they attend with Counsel accordingly.

Bampfield versus Popham.

Upon reading the Petition of Warwick Bampfeild and John Winter; praying a Day may be appointed for hearing their Appeal, to which Alexander Popham, an Infant, by his Guardian, hath put in his Answer:

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, on Friday the 20th of November Instant, at Ten of the Clock in the Forenoon; whereof the said Petitioners are to cause timely Notice to be given to the said Alexander Popham, or his Guardian, to the End they attend with their Counsel accordingly.

Mildmay versus Mildmay.

Upon reading the Petition of Henry Mildmay and Holyday Mildmay his Son; shewing, "They have an Appeal depending in this House, to which Mary Mildmay, Widow, hath put in an Answer; and praying a Day of Hearing:"

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 of this House, on Thursday the 19th Day of November Instant, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause timely Notice to be given to the said Mary Mildmay, to the End she attend with her Counsel accordingly.

Committee for Privileges.

ORDERED, That the Lords Committees for Privileges do sit this Afternoon, at Three of the Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 12^um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.