House of Lords Journal Volume 16: 11 January 1700

DIE Jovis, 11 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Warren, Leave to attend at the Hearing of Jackson's Appeal against him.

William Weedon Ford, Warden of The Fleete, being called in, as ordered the Ninth Instant, upon the Petition of Hugh Warren, a Prisoner in The Fleete; praying Leave to attend this House, in relation to the Petition and Appeal of Samuel Jackson; and the Warden undertaking that the said Hugh Warren shall not escape during such his Attendance:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hugh Warren hath hereby Liberty to attend his Counsel and Agents, pending Mr. Jackson's Appeal in this House, in Custody of the Warden of The Fleet, or his Deputy; and also Time allowed him for answering to the said Appeal, until Saturday the Twentieth Day of this Instant January, at Eleven of the Clock in the Forenoon.

Attornies, to reduce the Number of, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for reducing the excessive Numbers of Attornies, and of such as practise as Attornies."

Butler, Leave for a Bill.

Upon reading the Petition of Henry Butler Esquire; praying Leave to bring in a Bill, to enable him to demise Part of his Estate, of the Yearly Value of Eighty Pounds, for One and Thirty Years, towards raising the Sums, of Five Hundred Pounds and Five Hundred Pounds, with which his Estate is now charged; all Persons concerned consenting thereunto:

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, as desired.

Abp. of York to preach.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That his Grace the Lord Archbishop of Yorke be, and he is hereby, desired to preach before this House, in the Abbey Church at Westm'r, the Thirtieth Day of this Instant January.

Sir G. Downing versus Cage.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause depending in this House, wherein Sir George Downing Baronet is Appellant, and Seckford Cage Respondent, on Saturday the Seven and Twentieth Day of this Instant January, at Ten of the Clock in the Forenoon.

Mason versus E. of Westmeath.

Upon reading the Petition and Appeal of Robert Mason Gentleman, against a Decree made in the Court of Chancery in Ireland, on the Seventeenth Day of November, One Thousand Six Hundred Ninety-nine, in a Cause there depending, between Thomas Nugent Esquire, commonly called Earl of Westmeath, Plaintiff, and the Petitioner Defendant; and praying the Reversal of the said Decree:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Nugent, commonly called Earl of Westmeath, 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 Two and Twentieth Day of February next, at Ten of the Clock in the Forenoon.

Report concerning the Bp. of Derry:

The Earl of Rochester reported from the Lords Committees appointed to draw what shall be entered in the Journals of this House, upon the Debate and Consideration of the Matter relating to the Bishop of Derry, as follows; (videlicet,)

"The Earl of Jersey, Principal Secretary of State, having communicated to this House, by the King's Command, Two Letters; the One, from the Bishop of Derry to Mr. May Secretary to the Lords Justices of Ireland; and the other, from the Bishop of Down and Connor to the Lords Justices themselves, together with One other Letter from the Lords Justices to the said Earl of Jersey, as followeth; (videlicet,)

His Letter:

"SIR,

"I received a Letter To-night, from their Excellencies the Lords Justices, intimating, "That they had written formerly, concerning His Majesty's Pleasure, that I should attend Him in England forthwith." I, in my last to you, expressed my Readiness to comply with His Majesty's Pleasure to the utmost of my Power; and that I could not reflect on it without great Trouble, that the Circumstances of my Health should be such as not to allow me to perform what was expected from me. It has pleased God to afslict me, for a long Time, with a painful and dangerous Distemper; in so much that it is beyond my own Expectations, and my Friends, that I am alive: This is the Time it usually seizes me. I have already had several Fits of it, and am alarmed with Symptoms that threaten worse; and for me, in my present Case, to undertake a Journey, were, in Effect, to throw away my Life. I therefore intreated you, and do again renew my Request, that you would lay my Circumstances before their Excellencies; and I do hope they will represent them to His Majesty, whose Goodness will incline Him to excuse my Delay, till it please God to enable me, by a more confirmed Health, or more tolerable Weather, to pay that Obedience that I owe to His gracious Pleasure. Which, with my most humble Duty to Your Excelcellencies, is all at present from,

L. Derry, Dec. 15, 99.

"Sir,

"Your most humble Servant,

"Will. Derry."

"Our Posts come in very irregularly, and some not at all: I suppose the bad Weather and Ways occasion it."

Bp. of Down and Connor's Letter:

"May it please your Excellencies,

"I left Lisburne on the 18th Instant; and in Two Days I reached London Derry, lying at the Distance of Sixty (fn. 1) Mile from me. This Journey was made with some Trouble and Danger; but our Master's Service, and the Command of your Excellencies, must always outweigh with me all other Considerations. I stayed at London Derry to the 22d; and in that Time, I fully discoursed the Bishop about his going into England. Not to trouble your Lordships with more of our Conversation than is necessary, I left him under a deep Sense of his Duty to His Majesty, and resolved, in Obedience to His Order, to go into England so soon as he is able to undertake that Journey; but he affirmed to me, "That in Five Weeks before, he had not so much Strength as to get upon Horseback; and that he cannot, at this Season, adventure to go without the manifest Hazard of his Life." I saw him under the Return of his Colic Pains, and very unable to travel. He is apprehensive, because Want of Health is sometimes made Use of for an Excuse, lest his may be interpreted such; and was glad that I saw him, to be a Witness of his Condition. He prays that his deferring this Journey be laid upon this Cause, and that it be not construed Disobedience or Obstinacy. I hope, this being represented by your Excellencies into England, may prevent the Consequences his not going at present might otherwise have, to the Prejudice of His Majesty's Affairs.

"He is very thankful for the offering him a Conveyance from Belfast; but says, "That his Business does necessarily require his taking the Way of Dublin, where, I hope, he will soon be able to wait upon your Excellencies." I would have given this Account from Lond. Derry, but that it will come as soon to your Excellencies as if it had been written from thence. I made all the Haste I could Home, and returned but this Evening; being desirous to be in my own Diocese at the Festival of our Saviour's Nativity.

"I give your Excellencies the good Wishes of this Festival; and do beseech GOD to direct and protect you. I am, with all Duty and Respect,

Lisburne, 23d Dec'r, 1699.

"My Lords,

"Your most obedient devoted humble Servant,

"Edw. Down & Connor."

Bp. of Derry's Attendance dispensed with.

"Upon which, the said Lords Justices having desired to know His Majesty's further Pleasure; the Lords Spiritual and Temporal in Parliament assembled, being satisfied that their Address to His Majesty to have the Bishop of Derry sent over to attend them could not be complied with, by reason of the said Bishop's Disability and Weakness of Body, without great Hazard of his Life, are willing to acquiesce in this plain and true Excuse; and do therefore dispense with the said Bishop's Attendance."

Hoit discharged, without Fees.

Upon reading the humble Petition of Thomas Hoite now in Custody of the Serjeant at Arms attending this House; praying, "That he may be discharged without Fees; he being very poor, and no ways able to satisfy the same:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Hoite shall be, and he is hereby, discharged, without paying Fees; and this shall be a sufficient Warrant on that Behalf.

To the Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Then the Order following was made; (videlicet,)

Complaint of Breach of Privilege not allowed, the Lord to pay Fees and Expences;

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That in case of Complaint by any Lord of this House, of a Breach of Privilege, whereupon any Person shall be taken into Custody for the future; if the House, upon Examination of the Matter complained of, shall judge the same to be no Breach of Privilege, the Lord who made the Complaint shall pay the Fees and Expences of the Person so taken into Custody.

"And it is further ORDERED, That no Person shall be taken into Custody, upon Complaint of a Breach of Privilege, but upon Oath made at the Bar of this House."

Adjourn.

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