House of Lords Journal Volume 15: 23 February 1695

DIE Sabbati, 23 Februarii.

Domini tam Spirituales quam Temporales præsentes fuere:

PRAYERS.

Bishop versus Rothwell.

Upon reading the Petition and Appeal of Sir Cecill Bishop Baronet, Cecill Bishop and John Gratwick Esquires, from a Decree made in the Court of Exchequer the Fourth Day of this Instant February, and other Orders and Proceedings there, on the Behalf of John Rothwell Clerk; and praying the Reversal thereof:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Rothwell may have a Copy of the said Petition and Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Monday the Fourth Day of March next, at Ten of the Clock in the Forenoon.

Stratford versus Jones.

Upon reading the Petition and Appeal of Edward Stratford Esquire, from a Decree made and pronounced in the High Court of Chancery in Ireland, on Saturday the Twentieth Day of February, One Thousand Six Hundred Ninety-one, and confirmed, with several Alterations and Additions, on a Re-hearing in the said Court, on Monday the Thirteenth of February, One Thousand Six Hundred Ninety-two, in a Cause there depending, between Edmund Jones Esquire Complainant, and the Appellant Edward Stratford Defendant; and praying the Reversal of the said Decree and Confirmation thereof:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edmund Jones shall and he is hereby required to put in his Answer thereunto, in Writing, on Saturday the Three and Twentieth Day of March next, at Ten of the Clock in the Forenoon.

Jones, for Breach of Privilege of the E. of Rochester's, to remain in Custody.

Upon reading the Petition of Hugh Jones Senior and Hugh Jones Junior; praying to be discharged, they having lain under the Displeasure of this House, for a Breach of Privilege of the Earl of Rochester, a Peer of this Realm:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That their Petition shall be, and is hereby, rejected; and that the Petitioners do stand charged in Custody, as before the Delivery of the said Petition.

Reasons for adhering to Amendments to the Trials for Treason, Bill:

The Earl of Rochester reported from the Committee, the Reasons drawn by them, to be offered at a Conference with the House of Commons, for their Lordships insisting on some of their Amendments to the Bill, intituled, "An Act for regulating of Trials, in Cases of High Treason and Misprision of Treason."

Which were read, and agreed to, as followeth; (videlicet,)

"2 Skin, 22 Line. The Lords insist on their Amendment:

"Because the Clause, for the Limitation of the Time of Three Years, wherein the Offenders shall be accused, seems too short to debar the Crown from any Prosecution in Cases of High Treason, which may happen frequently not to be discovered within that Time.

"3 Skin, 8 Line. The Lords insist on the Clause (B):

"Because they conceive this Clause not to be of a different Nature from the rest of the Bill; which being designed to provide a more equal Way for the Subject to make his Defence, would not give their Lordships an equal Benefit with the Commons without this Clause, since the Peers have not the Advantage of Challenges, which the Commons now enjoy."

Message to H. C. for a Conference about them.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir Lacon William Childe:

To desire a present Conference, in the Painted Chamber upon the Subject-matter of the last Conference, upon the Bill, intituled, "An Act for regulating of Trials, in Cases of High Treason, and Misprision of Treason."

Whitchcot's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling Sir Paul Whichcot Knight and Baronet, and Dame Jane his Wife, to make Leases for Ninety-nine Years, of the Manor of Tooting Graveney, and any of their Messuages, Lands, and Hereditaments, in Tooting Graveney, Tooting Beake, and Stretham, in the County of Surrey, for the better Improvement thereof."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir Lacon William Child:

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

The Messengers return Answer:

Answer from thence.

That the Commons agree to a Conference, as desired.

Then the former Managers Names were read.

ORDERED, That the Lords who reported the former Conference do manage this present Conference.

Conference on the Trials for Treason, Bill.

The Commons being come to the Conference; the House was adjourned during Pleasure, and the Managers went to the Conference.

Which being ended, the House was resumed.

And the Duke of Bolton reported, "That they had delivered the Reasons, as commanded."

Sir W. Chaitor's Bill.

The Earl of Bridgewater reported from the Committee, the Bill, intituled, "An Act to vest certain Lands of Sir William Chaitor Baronet, in Yorkshire and Durham, to be sold, for Payment of Debts charged thereon, and to secure Portions for Younger Children," as sit to pass, with some Amendments.

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

Answers from the Commissioners of Admiralty:

The Commissioners of the Admiralty delivered their Answers to the Questions ordered the One and Twentieth Instant.

Additional Questions to them:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners of the Admiralty do attend, and lay before this House, in Writing, on Wednesday next, at Eleven of the Clock in the Forenoon, their Answers to the additional Questions (to the former Questions sent to them the One and Twentieth Instant;) (videlicet,)

"1. Why that Squadron was not relieved by anothe; and whether they have given their Opinion of the Inconveniencies that might happen by removing that Squadron, and at what Time?

"2. Whether they were consined, to what particular Rates those 25 Ships should consist of?

"3. At what Time, and to what Stations, those Squadrons were appointed; and what Success they had?

"4. To give particular Instances of the Care they have taken.

"5. Why the Convoys, when The Charles Galley went, was so weak; and what Ships were taken at that Time?

"6. What was done by them upon the Petition of some Northern Gentlemen, presented in January last, complaining of great Losses for Want of Cruizers on the Northern Coast?

"7. What Squadron we had in The Soundings, when Vice Admiral Hobson was expected Home with the Cadiz Fleet; and at what Time he arrived?"

State of the Fleet.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the further Consideration of the State of the Fleet shall be resumed on Wednesday next, at Eleven of the Clock in the Forenoon; and all the Lords summoned then to attend.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, (videlicet,) vicesimum quintum diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.