House of Lords Journal Volume 14: 27 November 1690

DIE Jovis, 27 die Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir T. Putt's Bill.

The Lord Ferrers reported from the Committee, the Bill, intituled, "An Act to enable the Executors and Trustees of Sir Thomas Putt Baronet, deceased, to lease several Messuages, Lands, Tenements, and Hereditaments, during the Minority of Sir Thomas Putt Baronet, Son and Heir of the said Sir Thomas Putt, towards the Payment of Five Hundred Pounds apiece Legacies to his Three Sisters, Margarett, Ursula, and Susannah Putt; as also the Debts of the said Sir Thomas Putt the Father," with Amendments.

Which were read Twice, and agreed to.

ORDERED, That the said Bill, with the Amendments, be engrossed.

Williams versus Powell.

Whereas there is a Petition and Appeal of John Williams Esquire depending in this House, to which Hugh Powell Clerk and his Wife have put in their Answer, which is appointed to be heard To-morrow, by Counsel, at the Bar; the House being this Day informed, "That both the Appellant and Respondents have referred the sole Arbitrement and Determination of the Cause to Bushy Mansell Esquire;" and they being desirous to withdraw their Appeal and Answer:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Appellant and Respondents may withdraw their Petition and Answer, as is desired.

E. of Dorset versus Powle.

Upon reading the Petition of Charles Earl of Dorsett and Midd'x; shewing, "That, in the Year 1679, Frances late Countess Dowager of Dorsett, the Petitioner's Mother, being seised in Fee for Years, and for Life, of and in divers Lands and Tenements, and also possessed of a considerable Personal Estate, did marry Henry Powle Esquire, and died about April 1687, possessed of a great Personal Estate; that the Petitioner exhibited his Bill in Chancery, to have Mr. Powle make good and perform his Agreements; and Mr. Powle brought his Bill in the said Court against your Petitioner: That the Court of Chancery have decreed to Mr. Powle the greatest Part as well of the Personal Estate of the said Countess, as also of the Real Rents of her Land in Arrear, and other Things in the Petition set forth; and the Petitioner humbly appeals from the said Decree and Orders made by the Court of Chancery; and prays, that the said Mr. Powle may by a short Day put in his Answer thereunto, and the Decree may be reversed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Powle Esquire may have a Copy of the said Petition; and be, and is hereby, required to put in his Answer thereunto, in Writing, on Thursday the Fourth Day of December next, at Ten of the Clock in the Forenoon.

Burrows to be attached, for proceeding at Law. (2)

Whereas Thomas Burrows Gentleman hath, in Contempt of an Order and Judgement of this House made the Thirtieth of April last, proceeded at Law, at the Assizes at Shrewsbury, the Twelfth of September last, against Anne Dod Widow, Magdalen Johnson Widow, Robert Colebatch and Anne his Wife, Sarah Dod Spinster, and Pricilla Cooper Widow:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House do forthwith attach the Body of the said Thomas Burrows, and bring him in safe Custody to the Bar of this House, to answer for his said Contempt; and this shall be a sufficient Warrant on that Behalf.

To Sir Tho. Duppa, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.

Dod & al. versus Burrows. (1)

Upon hearing Counsel this Day at the Bar, upon the Petition of Anne Dod Widow, Magdalen Johnson Widow, Robert Colbatch, Anne his Wife, Sarah Dod Spinster, and Pricilla Cooper Widow; shewing, "That, upon a Hearing of an Appeal brought into this House, from a Decree made in the Court of Chancery, 4th of December, 1689, on the Behalf of Thomas Burrows, it was, the 30th of April last, by this House ordered and adjudged, That the said Decree be reversed, and the Possession of the Estate in Question restored, and the Profits accounted for; and that, contrary to the said Order and Judgement, the said Tho. Burrows hath kept the Possession of a great Part of the Estate, and refuses to account for the same; and hath served Declarations in Ejectment out of the Common Pleas, in the Name of William Burrows, Lessee to the said Tho. Burrows, for Part of the Estate in Judgement before this House, and proceeded to Trial at Shrewsbury Assizes the 12th of September last; and hath obtained a Verdict therein, and is like to obtain Judgement thereupon, in Contradiction to the Judgement of this House; and praying Relief herein;" as also upon hearing Counsel upon the Answer of Thomas Burrows Gentleman put in thereunto:

After due Consideration had of what was offered by Counsel on either Side thereupon, the House being of Opinion, that the Proceedings at Law by the said Thomas Burrows (and William Burrows, Lessee to the said Tho. Burrows), at the Assizes at Shrewsbury, is a Contempt of the Judgement of this House made in this Cause the 30th of April last: And it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order, made the 30th of April last in this Cause, be, and is hereby, confirmed; and that the Possession of the whole Estate in Question be restored, and the Profits of the whole Estate be accounted for, as was directed by the said Order and Judgement of this House.

E. of Suffolk versus Prises.

The House being this Day moved, "That Edward Prise and Symon Prise, now in the Custody of the Gentleman Usher of the Black Rod for a Breach of Privilege committed against the Earl of Suffolke, and that the Hearing appointed to be this Day thereupon may be put off to another Day, and they be at Liberty upon giving the same Security to Sir Tho. Duppa as before:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Case, by Counsel on both Sides, at the Bar, on Monday next, at Ten of the Clock in the Forenoon; and that in the mean Time the said Edward Pryse and Symon Prise may be at Liberty, giving a competent Security to Sir Tho. Duppa, Gentleman Usher of the Black Rod, in whose Custody they are, for their rendering themselves to him again on Monday next, at Ten of the Clock in the Forenoon; and further, that the Witnesses, who were appointed to attend at the Hearing hereof, do then attend.

A Petition was delivered to the House, as followeth:

E. of Thanet's Petition, about the Barony of Clifford.

"To the King's Most Excellent Majesty.

"The humble Petition of Thomas Earl of Thanet, Cousin and next Heir to George Earl of Cumberland and Lord Clifford, deceased;

"Humbly shewing,

"That Robert de Clifford, Your Petitioner's Ancestor (whose Heir he is), was summoned to Parliament by that Title in the 28th Year of King Edward the First, as a Baron, the Writ being directed Roberto de Clifford; and being also summoned to several ensuing Parliaments, in the said King's Reign, and in the Reign of King Edward the Second, died seised of the said Title and Dignity to him and his Heirs, as of Fee and Right; and his Heirs, as Barons Clifford, were from Time to Time summoned to fit in Parliament by that Title till the Reign of King Hen. the VIIIth; which Title of Lord Clifford, by divers Mesne Descents, descended unto Henry Lord Clifford, who by the late King Henry the VIIIth was created Earl of Cumberland, to him and the Heirs Male of his Body issuing; and dying thereof seised, the said Dignities and Titles of Earl of Cumberland and Lord Clifford descended afterwards to George Lord Clifford Earl of Cumberland, Grandson and next Heir of the said Henry; by reason whereof, he became of the said Dignities seised; that is to say, of the said Title of Earl of Cumberland to him and the Heirs Male of the Body of the said Henry, and of the said Title of Lord Clifford to him and his Heirs; and thereof died seised, leaving One only Daughter and Heir, the Lady Anne Clifford (first married to Richard Earl of Dorset, and after to Philip Earl of Pembroke); by Means whereof, as the said Title of Earl of Cumberland did descend to Sir Francis Clifford Knight, Brother to the said George, as Heir Male of the Body of the said Henry; so the said Barony of Clifford did descend to the said Lady Anne Clifford, as Cousin and next Heir to the said Robert de Clifford, and Daughter and Heir of the said George.

"And Your Petitioner, being rightful Heir to the said Lady Anne Clifford his Grandmother, does humbly pray Your Majesty, that the said Dignity and Title of Lord Clifford may be declared, as of Right it does, to belong to the Petitioner and his Heirs.

"And he shall daily pray for Your Majesty, &c.

"Thanet."

King's Reference.

"At the Court at Whitehall, November 26th, 1690.

"His Majesty is graciously pleased to refer the Consideration of this Petition to the Right Honourable the House of Peers, to do therein as their Lordships shall think just.

"Nottingham."

E of Thanet's Claim to the Barony of Clifford.

Upon reading the Petition of Thomas Earl of Thanet, Cousin and next Heir to George Earl of Cumberland and Lord Clifford, deceased; shewing, "That Robert de Clifford, Your Petitioner's Ancestor (whose Heir he is), was summoned to Parliament by that Title in the Twenty-eighth Year of King Edward the First, as a Baron, the Writ being directed Roberto de Clifford; and praying, that the said Dignity and Title of Lord Clifford may be declared, as of Right it does, to belong to the Petitioner and his Heirs:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Privileges, to consider and report to the House the Methods of Proceedings upon Petitions of this Nature.

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, (videlicet,) 28^um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us, this Eleventh of December, 1690,

J. Bridgewater.
North & Grey.
Culpeper.