House of Lords Journal Volume 16: 21 February 1700

DIE Mercurii, 21 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cozeneusne et al. Nat.

Upon reading the Petition of John Cozeneusne and others; praying to be naturalized, having served His Majesty in the Wars:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be added to a Bill of Naturalization, as desired.

Frivolous Suits in Wales, &c. to prevent, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for preventing of frivolous and vexatious Suits in the Principality of Wales, and the Counties Palatine."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Monday next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Ale and Beer Measures, to ascertain, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for ascertaining the Measures for retailing Ale and Beer."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill shall be committed to a Committee of the whole House; on Tuesday next, at Eleven of the Clock.

Mason versus Nugent.

The House being this Day moved, "That Thomas Nugent, Respondent to the Appeal of Robert Mason depending in this House, may have further Time for answering to the said Appeal; he having been detained, in coming from Ireland, by contrary Winds:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Nugent hath hereby Time allowed him for answering thereunto, until Thursday the Nine and Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon; whereof the Respondent is to cause Notice to be given to the Appellant.

Kirk versus Webb.

Whereas Friday next was appointed for hearing the Cause wherein Thomas Kirke is Appellant, and Thomas Webb and others are Respondents:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Seven and Twentieth Day of this Instant February, at Eleven of the Clock in the Forenoon; and that the Judges in Town do then attend.

Clayton versus Clayton.

Whereas To-morrow was appointed for hearing of the Cause wherein John Clayton is Appellant, and Prudence Clayton Respondent:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Six and Twentieth Day of this Instant February, at Eleven of the Clock in the Forenoon.

Wessell's Bill.

The Lord Jeffreys reported from the Lords Committees, the Bill, intituled, "An Act to enable Leonard Wessell Esquire to sell the Manor of Acres Flcete, in the County of Essex, secured on his Marriage with Sarah his now Wife, as Part of her Jointure; laying out the Money arising by such Sale in Purchase of other Lands," as fit to pass, with One Amendment.

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

French Resugees Petition, for a Church.

Upon reading the Petition of Michael de Caux, Thomas Bureau, Philip Margas, Trustees for the French Protestants Refugees Church on Colledge Hill, for and on the Behalf of the said Church; praying Leave to bring in a Bill for confirming of a Lease from the City of London, for Liberty to build a Church there:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave to bring in a Bill, as desired.

Duke of Norfolk's Witnesses, not attending:

The House being informed, "That Endeavours had been made to serve Orders upon the Duke of Norfolk's Witnesses; and several of them were sick, and others could not be found:"

Joseph Whitley, being called in, and sworn, said as follows:

"As to Daniel Germayne; I went to his House, and was told by a Neighbour, nobody was within; but they bid me go to the Ale-house, at the next Door, and I might hear of him; and enquiring there, I found One of his Journeymen, Pct. Hercules, who told me, "He had not been at Home these Six Months, nor could not tell when he would return." But I shewed him the Original Order, and served him with a Copy; and told him, "His Master was to appear at the Duke of Norfolk's Lodgings, at the House of Lords, Tomorrow, at Eleven a Clock, as a Witness for him."

"As to Mr. Simon Briane; I went to his House in St. James's Streete; and Mr. Possete's Man, Jac. Hoffman, came to the Door, who told me, "Mr. Briane went to Kensington that Afternoon;" and no sooner had he said so, but Mr. Possete came in, who told me the same; and I asked him to speak with Mr. Briane's Wife; and he told me, "She was so weak, that I could not serve her with the Order." Then I asked to see Mrs. Possete, his own Lady. He likewise told me, "She was sick, and could not be spoke to." So I shewed him the original Order, and left the Copy with himself, for his Lady and for Mr. Brian's Lady; and forthwith went to Kensington, to serve the Order upon Mr. Briane; but not meeting with him after a great deal of Inquiry, I left it with his Maid Servant, at his Lodgings, and served her with it; who told me, "She would give it her Master that Night, who waited for the King's coming from Hampton Court." This Morning I went again to his House at St. James's, and sent for his Servant; who told me, "His Master did not come to Town last Night;" so, I believe, his Maid hath given him the Order.

"As to Mrs. Elianor Vanesse; I inquired at every House in Kensington, where I was informed there were Dutch People, and could not know of any of them of any such Woman; but the Earl of Albemarl's Steward, and the Porter of the Lodge going into Hyde Park, Kensington, promised me, they would inquire after her, and send me Word if they heard of such a Person."

Then George Starkey, being called in, and sworn, said as follows:

"I served Wm. Bayly with the Order of this House, to attend as a Witness this Day. He told me, "He was under a Course of Physic, and could not stir out without Danger of his Life; but any other Day he would attend."

Then a Certificate, under the Hands of John Hutton and Theodore Colladon Doctors of Physic, was produced, and read as followeth:

Doctors of Physic, Certificate about them:

"We, whose Names are underwritten, Doctors of Physic, do certify, That Mary Wife to Simon de Brienne, and Judith Wife to Peter Persode, have been for some Time, and are at this present, so extraordinary ill in Bed, that neither of them can remove from thence without Danger of their Lives.

"Witness our Hands, at their Dwelling-house in St. James's Street, betwixt Ten and Eleven of the Clock in the Morning, this 21th Day of February,1699/1700;

"John Hutton.

"Theodore Colladon."

After which, the following Order was made; (videlicet,)

Doctors of Physic to attend:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Doctor John Hutton and Doctor Theodore Colladon (who signed a Certificate, delivered and read this Day, of the Illness of Mrs. Mary Wife to Simon de Brienne, and Judith her Sister, Wife to Mr. Peter Persode) do attend this House To-morrow, at Eleven of the Clock, to attest upon Oath what they have certified."

Then the Form of the Oath, formerly given to Witnesses, being read out of the Journal, 23d January, 1691; the same was agreed to, with some Alteration, and is as followeth:

Oath to the Witnesses:

"You shall true Answer make to all such Questions as shall be asked you by this Honourable House, in relation to the Charge of Adultery, in the Bill brought in by the Duke of Norfolke against the Dutchess of Norfolke, with Sir John Germaine: You shall declare your whole Knowledge of this Matter; and shall speak the Truth, the whole Truth, and nothing but the Truth, as well upon the Matter as you shall be examined on Behalf of his Grace the Duke of Norfolke, as upon such Interrogatories as shall be exhibited on Behalf of the Dutchess of Norfolke, without Favour or Affection to either Party: So help you GOD, and by the Contents of this Book."

Witness examined:

Then, the Counsel being called in, they for the Duke having opened the Nature of their Evidence; Mrs. Elianor Vanesse was sworn; and being asked some Questions by the Duke's Counsel, she appeared to be a Dutch Woman, and could not well understand English; and an Interpreter being offered by the Duke's Counsel, Counsel withdrew.

And the House agreed, that the Dutchess's Counsel should have an Interpreter also.

And the Counsel, being called in again, were told so, by Order of this House; and that they might proceed to any other Witness.

The Duke's Counsel desired "they might begin with Mrs. Vaness;" and withdrew.

Then the following Orders were made:

Witnesses Names to be delivered to Dutchess of Norfolk's Agents:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Agents for the Duke of Norfolke do forthwith deliver a List of the Witnesses they intend to examine on Behalf of the Duke of Norfolke, to the Dutchess of Norfolke or her Agents."

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, at Twelve of the Clock, this House will proceed to hear Counsel and Witnesses, for the Duke of Norfolke to make out the Allegations in his Bill; at which Time the Dutchess of Norfolk's Counsel shall be present."

Witnesses to attend.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Daniel Germaine, Simon Briane alias de Brienne, Anna Maria Briane alias de Brienne, Judith Possete alias Persode, Goutaken, Pontack, Susannah Barrington, Hugonce, Mrs. Keemer, Joseph Burger, William Lane, John Lafountain, Jonathan Brown, Hater, and Welburne, do and they are hereby required to attend this House, To-morrow, at Eleven of the Clock in the Forenoon, as Witnesses, to be examined on the Behalf of the Duke of Norfolke."

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That William Allen and John Maitland do and they are hereby required to attend this House, on Service of this Order, as Witnesses, to be examined on Behalf of the Duke of Norfolke."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, (videlicet,) vicesimum secundum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.