House of Lords Journal Volume 14: 21 December 1691

DIE Lunæ, 21 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Answer to Address about Tallies.

Lord Great Chamberlain reported His Majesty's Answer to the Address concerning the Lords Commissioners of the Treasury, "That He is pleased to comply with the Desires of this House."

Cambridge University Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for confirming the Charters and Liberties of the University of Cambridge, and the Colleges and Halls therein."

Upon the First Reading of the Bill, intituled, "An Act for confirming the Charters and Liberties of the University of Cambridge, and the Colleges and Halls therein:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill shall be read the Second Time this Day Fortnight, being Monday the Fourth Day of January next, at Ten of the Clock in the Forenoon; and that all Persons concerned have Notice thereof, to the End they may be heard.

Hale versus Dashwood.

The House being this Day moved, "That a Day may be appointed for hearing the Cause, wherein Thomas Hale is Plaintiff, and Sir Samuell Dashwood and Francis Dashwood Defendants:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Monday the Eleventh Day of January next, at Ten of the Clock in the Forenoon.

Late E. of Salisbury's Debts, Legacies, &c. Bill for securing.

The Earl of Rochester reported the Bill, intituled, "An Act for the better securing the Portions, Debts, and Legacies, given and owing by James late Earl of Salisbury," with several Amendments.

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

E. Winchilsea's Bill.

The Earl of Rochester reported the Bill, intituled, "An Act for the enabling the Right Honourable Charles Earl of Winchelsea to settle a Jointure upon any Wife he shall marry during his Minority," with some Amendments.

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

E. of Aylesbury versus Ellingham, for leizing Nets, &c. from Tayler his Gamekeeper, Privilege.

The House being informed, "That the Privilege of the Earl of Ailesbury had been broken by one Thomas Ellingham:"

George Tayler was called in, and sworn, who deposeth as follows: "That, about the Twentieth Day of October last past, one Thomas Ellingham, of Greenfeild, in the Parish of Flitton, who is employed by Sir John Napier Baronet, as a Gamekeeper, within his Hundred of Flitton, in the County of Bedford, in the Company of John Feild Constable of Flitton, came to this Deponent's House next adjoining to the Manor of Maulden; where he produced a Warrant, which he affirmed was under Sir John Napier's Hand and Seal, authorizing him to take away all Nets, Guns, &c. from such Persons as were not qualified by Law to keep them; and, by virtue thereof, he the said Thomas Ellingham took from this Deponent Two Tramells, Two low Bells, and Part of a Plovernet, and carried the same away, although at the same Time this Deponent told both the said Ellingham and John Feild, that he then was, and for many Years last past had been, Fowler to the Right Honourable Thomas Earl of Ailesbury, and his late Father the Lord Chamberlain deceased, within their Honours of Ampthill and Manor of Mauldon, and several other Manors contiguous adjoining; and that those Nets, low Bells, &c. were the said Earl's. This Deponent further faith, in this Deponent's Deputation from the said Earl, as his Gamekeeper and Fowler, the said John Feild is joined with this Deponent; but durst not deny to assist the said Ellingham, for Fear of disobeying Sir John's Warrant. And this Deponent further faith, That, about the Fourth Day of this Instant December, the said Ellingham brought back the said Nets to this Deponent's House, and said, "he had Orders to bring them back again," and left them there, but much endamaged between the Taking and the Return. And this Deponent faith, That, since the First Taking, the said Thomas Ellingham hath searched this Deponent's House Twice, for Guns, Nets, &c. but found none. And this Deponent faith, That he believes that he and his said Partner during the Time the said Nets were taken away, they lost the taking above Forty Shillings worth of Fowl, and that the said Nets were above Ten Shillings the worse at the Return. And this Deponent faith, about the same Time, the said Ellingham served Henry Cooper, Fowler to the Right Honourable Ametella Countess Dowager of Kent, in the same Manner in all Points.

"Geo. O Tayler,

his Mark."

After Debate thereupon,

This Question was proposed, "Whether Thomas Ellingham shall be sent for, in Custody."

"Then this Question was put, "Whether this Question shall be put?"

It was Resolved in the Negative.

Martin's Bill.

The Earl of Bridgewater reported the Bill, intituled, "An Act for the Sale of the Manor of Manworthy, with its Appurtenances, in the County of Devon, being the Lands and Estate of Nicholas Martyn Esquire, by Trustees therein after named, for the Payment of the Debts of the said Nicholas Martyn," with some Amendments.

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

Prize Bay Salt for the Navy, Bill.

The Earl of Bridgewater reported the Bill, intituled, "An Act for preserving Two Ships Lading of Bay Salt, taken as Prize, for the Use of Their Majesties Navy," without any Amendments.

Hodie 3^a vice lecta est Billa, intituled, "An Act for preserving Two Ships Lading of Bay Salt, taken as Prize, for the Benefit of Their Majesties Navy."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Dr. Edisbury:

To let the Commons know, the Lords have passed the said Bill, without any Amendment.

Against adhering to Their Majesties Enemies, Bill.

The House was adjourned during Pleasure, and put into a Committee, upon the Bill, intituled, "An Act against adhering to Their Majesties Enemies."

And, after some Time spent therein, the House was resumed.

And the Lord Viscount Newport reported, "That the Committee had made some Progress in the Bill, and found some Difficulties; and the Committee desire that another Day may be appointed for the House to be put into a Committee, to proceed on the said Bill."

Whereupon the House ordered as follows:

"ORDERED, That the House shall be put into a Committee, to proceed upon the said Bill, on Wednesday next, at Ten of the Clock in the Forenoon; and that all the Judges be summoned then to attend the House."

Walwin versus E. Monmouth.

Upon reading this Day the Answer of Charles Earl of Monmouth, put in to the Petition of Mary Walwine:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Answer shall be, and is hereby, referred to the Lords Committees for Privileges; who are to hear Counsel thereupon, on Tuesday next, at Four of the Clock in the Afternoon, and report their Opinion to this House.

Sutton versus Swynock.

Upon reading the Petition of William Sutton Gentleman, Defendant to the Appeal of Samuell Swynock; praying a short Day for hearing thereof:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Monday the Eleventh Day of January next, at Ten of the Clock in the Forenoon.

ORDERED, That the Causes this Day appointed to be heard, wherein Mary Hibbert is Plaintiff, and Nathan Leech Defendant, the other wherein Thomas Bromhall is Plaintiff, and William Manlove Defendant, shall be heard on Saturday the Second Day of January next, at Ten of the Clock in the Forenoon.

Accompts de Die in Diem revoked.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Resolution made the Eighteenth Instant, of proceeding de Die in Diem upon the Book of Accompts and Observations thereon, shall be, and is hereby, revoked.

Public Accompts.

Then the House was adjourned during Pleasure, and put into a Committee, upon the Book of Accompts and Observations thereon.

And, after some Time spent therein, the House was resumed.

And the Earl of Fauconberge reported, "That the Committee had made some Progress therein, and had agreed upon some Queries to be sent to the Commissioners of Accompts upon several Heads; and that it is the Opinion of the Committee, that Mr. Charles Tolls' Executors and Successor be sent for, to attend this House."

ORDERED, That the Executors of Mr. Charles Tolls lately deceased, and the Person that succeeds in his Office or Place, do attend this House To-morrow, at One of the Clock in the Afternoon.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, (videlicet,) 22^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us, this 27th Day of May, 1692.

J. Bridgewater.
Craven.
J. Culpeper.