House of Lords Journal Volume 16: 11 December 1699

DIE Lunæ, 11 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Coote versus Langham.

Upon reading the Petition and Appeal of Colonel Rich'd Coote; complaining of several Decrees, Orders, and Proceedings, in the Court of Chancery, in Ireland, of the Thirtieth of June last, the Tenth of July last, the Thirteenth of July last, and the Seven and Twentieth of October last, on the Behalf of Joseph Longham, Elizabeth Lady Dowager of Shelborne, James Howison, James Barlow, and Samuel Vaughan; and praying the Reversal of the said Decrees, Orders, and Proceedings:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Joseph Langham, Lady Shelborne, James Howison, James Barlow, and Samuel Vaughan, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on Monday the Two and Twentieth Day of January next, at Ten of the Clock in the Forenoon.

Beisley versus Stratford.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Evseby Beisly is Appellant, and Robert Stratford and Evseby Stratford, Minors, (by their Guardian Thomas Broderick Esquire,) are Respondents, on Monday the Eighteenth Day of this Instant December, at Ten of the Clock in the Forenoon.

Siderfin, Leave for a Bill.

Upon reading the humble Petition of Robert Siderfin, of Croydon, in the County of Somerset, Esquire; shewing, "That divers Lands of the Petitioner's, in the County of Somersett, are mortgaged for great Sums of Money; and he, owing other Monies upon Bond, cannot discharge the same, otherwise than by Sale of Part of the said Lands; which is not in his Power (by reason of a subsequent Settlement) without the Aid of an Act of Parliament, whereunto all the Parties to the said Settlement are freely consenting; and praying Leave to bring in a Bill, to vest Part of the said Lands in Trustees, and, by the Sale thereof, to pay off the Debts of the Petitioner:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath hereby Leave given him to bring in a Bill, according to the Prayer of the said Petition.

Thorowgood versus Cordell.

Upon reading the Petition and Appeal of John Thorowgood and Rebecca his Wife, from a Decree and Orders of the Court of Chancery, of the Twentieth of May One Thousand Six Hundred Ninety-three, the Third of June One Thousand Six Hundred Ninetyeight, and the Fourth of October One Thousand Six Hundred Ninety-eight; upon hearing of Cross Causes, One, wherein Edm'd Cordell, Administrator of Mary his Wife, was Complainant, and John Thorowgood and Rebecca his Wife, John Bugden and Mary Hallet were Defendants; the other, wherein the said John Thorowgood and Rebecca his Wife were Complainants, and the said Edmund Cordell and Mary his Wife, and John Webb and Mary his Wife, Defendants:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edm'd Cordell may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Thursday the Fourth Day of January next, at Ten of the Clock in the Forenoon.

Smith attached for Remarks on the Duke of Shrewsbury's Letter to the House of Lords.

Mr. Mathew Smith being this Day brought to the Bar, and shewed a written Book sent by him to the Lord Chancellor, to be communicated to this House, intituled, "Remarks upon the D- of S-'s Letter to the House of Lords, concerning Captain Smith, by Mathew Smith, of The Inner Temple, Esquire:"

He owned the said Book to be his Hand-writing.

And after reading thereof, and Debate thereupon:

The Question was put, "Whether Mathew Smith is guilty of a Breach of Privilege?"

It was Resolved in the Affirmative.

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 take into his Custody the Body of Mathew Smith Esquire, and keep him in safe Custody until further Order of this House; and this shall be a sufficient Warrant on that Behalf.

To Sir David Mitchell, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) decimum tertium diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.