House of Lords Journal Volume 14: 25 April 1690

DIE Veneris, 25 die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. to return the E. of Essex's and the E. of Shaftesbury's Bills.

A Message was brought from the House of Commons, by Mr. Clarke and others:

Who returned the Bill to enable Algernoone Earl of Essex to make a Wife a Jointure, and for raising of Money for Payment of £. 6000 borrowed to make up the Lady Morpeth's Portion; wherein the House of Commons have made some Amendments, and desire their Lordships Concurrence therein.

A Message was brought from the House of Commons, by Sir William Cowper and others:

Who returned a Bill to enable the raising of Portions for the Younger Children of the Earl of Shaftesbury; to which the Commons have agreed, with some Amendments, wherein their Lordships Concurrence is desired.

Then the Amendments in the Earl of Shaftesbury's Bill were read, and Agreed to.

Washington, Gunner of The Defiance, to be attached, for pressing Hempson, while rowing the E. of Carnarvon.

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 attach the Body of Washington, the Gunner in Their Majesties Ship called The Defiance, and bring him in safe Custody to the Bar of this House, to answer his taking William Hempson Waterman, while he was rowing the Boat where the Earl of Carnarvan then was, and offering other Indignities to his Lordship's Person; and for his so doing, this shall be a sufficient Warrant on that Behalf.

To the Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies; and to all Mayors, Sheriffs, Justices of the Peace, and other His Majesty's Officers and Ministers, to be aiding and assisting in the Execution hereof.

Hempson to be set at Liberty.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That William Hempson Waterman, who was taken out of a Boat, while he was rowing the Earl of Carnarvon, by Washington, the Gunner in His Majesty's Ship called The Defiance, be, and is hereby, discharged and set at Liberty; and this shall be a sufficient Warrant in that Behalf.

To the Captain of Their Majesties Ship called The Defiance, and all others whom it may concern.

Dashwood & al. versus Champante.

Upon reading the Order made Yesterday, in the Case of Sir Robert Dashwood and others, and Sir John Champante, Exceptions was taken at these Words in the End of the said Order ["and that the Accompts be understood, by the said Court, to be open Accompts to the Appellants and Defendant"]:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel on both Sides, upon the said Words of laying open the Accompts, on Monday next, at Ten of the Clock in the Forenoon, the First Business.

Foden versus Farrington.

Upon Report from the Lords Committees for Privileges, the Petition of Edward Foden Esquire, being an Appeal from a Decree made by the present Lords Commissioners of the Great Seal, in a Cause wherein John Farrington and his Wife were Plaintiffs, and the said Edw. Foden was Defendant, as fit to be retained and heard:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Farrington may have a Copy of the said Appeal; and be, and is hereby, required to put in his Answer thereunto, in Writing, at the Bar of this House, on Saturday the 3d Day of May next, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause timely Notice to be given to the Defendant, to the End he answer accordingly.

Clarke versus Badon.

Upon Report from the Lords Committees for Petitions, the Petition of Edmund Clarke Esquire, being an Appeal from a Decree in the Exchequer, in a Cause wherein Robert Baden was Defendant, and the said Edw. Clarke Complainant, as fit to be retained and heard:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Baden may have a Copy of the said Appeal; and be, and is hereby, required to put in his Answer thereunto, in Writing, on Saturday the 3d of May next, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause timely Notice to be given to the Defendant, to the End he answer accordingly; and that, in the mean Time, all Proceedings in the Courts below be, and are hereby, stayed.

Ludlow's Petition, concerning the Judges demanding a Fee from the Silver-office.

Upon Report from the Lords Committees for Petitions, the Petition of Henry Ludlow; complaining, "That the Puisne Judges of the Common Pleas have demanded a Fee out of his Office," as fit to be rejected, there having not been any Proccedings in the Courts below:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition be, and is hereby, rejected.

Receiving Writs of Error here, before they have been argued in the Exchequer Chamber:

Upon Report from the Lords Committees appointed to examine what Precedents they can find of Writs of Error returned into the House of Peers, upon Judgements in the Exchequer, before any Writ of Error sued out before the Chancellor and Treasurer, pursuant to the Statute 31 Edw. III. Ch. 12:

E. of Macclesfield's versus Starkey, referred.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Transcript of the Writ of Error returned into the House of Peers, wherein the Right Honourable the Earl of Maclesfeild is Plaintiff, and John Starkey Esquire Defendant, be withdrawn; to the End the said Writ of Error be referred to its ordinary Course at Law.

Thwaites versus Dye & Ux.

Upon hearing Counsel this Day at the Bar, upon the Petition of James Thwaites, Son and Heir of William Thwaites deceased; shewing, "That John Dye having married the Petitioner's Sister Francis, in Trynity Terme, 1682, brought their Bill in the Exchequer Chamber at Westm. against the Petitioner, then an Infant, suggesting therein, That a Deed of Settlement, of May, 1678, had been razed and altered after the Execution thereof, and the Words ["Frances Daughter"] razed out, and the Words ["the said James Thwaits Eldest Son to"] inserted; and having obtained a Verdict at Law, That the said Deed was razed in the Particulars aforesaid, the Court, on the 15th of June, 1683, decreed, That John Dye and Frances his Wife should for ever hold and enjoy the Manor of Harnish Hall in Essex, and receive the Profits;" as also hearing Counsel upon the Answer of John Dye and Frances his Wife put in thereunto:

After due Consideration had of what was offered by Counsel on both Sides thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree, complained of in the Petition of James Thwaites on the Behalf of John Dye and Frances his Wife, be, and is hereby, reversed; to the Intent only, that the said John Dye and Frances his Wife may have a new Trial at Law if they think fit, and the Benefit of the said Trial.

Malmsbury Town versus Regem, in Error.

It is ORDERED, That this House will hear the Errors argued, by Counsel on both Sides, at the Bar, wherein the Town of Malmsbury are Plaintiffs, and Their Majesties Defendants, on Saturday the 3d of May next, at Ten of the Clock in the Forenoon.

Adjourn.

Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 26^um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.