House of Lords Journal Volume 15: 2 January 1694

DIE Martis, 2 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Clayton's Bill.

The Earl of Bridgewater reported from the Committee, the Bill, intituled, "An Act to indemnify the Trustees of James Clayton Esquire to join with him in selling Lands, for Payment of his Debts; that they think the Bill fit to pass, without any Amendment."

To which the House agreed; and ordered the said Bill to be engrossed.

Popham versus Bampfield.

Whereas this Day was appointed for the Clerks to bring the original Petition and Answer of Warwick Bampfeild and Alexander Popham, formerly adjudged in this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That these Lords following shall be a Committee, to consider of this Case and the Proceedings therein; who are to hear Counsel on either Side, and report what is fit to be done thereupon to this House; whose Lordships, or any Three of them, are to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers:

Skinner versus East India Company.

ORDERED, That the Committee, to which the Petition of Thomas Skinner, against the East India Company, is referred, shall be, and is hereby, revived; to meet on Thursday next, at Nine of the Clock in the Forenoon.

Smith delivers Papers.

Mr. Aaron Smith delivered, at the Bar, the Papers (pursuant to the Order on Friday last) relating to Captain Wall and others.

Writs of Error brought in.

The Lord Chief Justice Holt, in the usual Manner, brought in Two Writs of Error:

One, wherein George Upton is Plaintiff, and George Dunkin Defendant.

The other, wherein Nicholas Paxton is Plaintiff, and Gilbert Marshall Defendant.

Boswell versus Mascall.

Upon reading the Petition of John Boswell Gentleman; praying, "a short Day may be appointed for hearing of his Cause, to which John Mascall is Respondent; and that the Service of this Order upon the Respondent's Solicitor, or Clerk in Chancery, may be good Service, in order thereunto:"

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 Eighth Day of this Instant January, at Ten of the Clock in the Forenoon; and that the Service of this Order upon the Respondent's Solicitor, or Clerk in Chancery, shall be good Service, in order thereunto.

Admirals Answers:

The Admirals, pursuant to Orders of Saturday last, delivered in their Answers, in Writing, to the Questions to them proposed.

And, being withdrawn, their Answers were read.

And, after Debate, Captain Priestman was called in: And the Lord Keeper, by Directions of the House, asked him some Questions; to which he answered.

And, being withdrawn, the following Address and Orders were made:

Address for Papers, concerning The Streights Squadron being detained;

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend His Majesty, humbly to desire Him, That He will be pleased to order to be laid before this House, the Reports of the Council to His Majesty, relating to the detaining of The Streights Squadron, and of the Carriage of the Admirals relating to the said Squadron."

Cassells to attend;

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners for executing the Office of Lord High Admiral of England do send for Daniel Cassells, Mate to Captain Rutter, and order him to attend this House on Thursday next, at Ten of the Clock in the Forenoon."

Priestman and Southerne to attend;

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Captain Priestman, One of the Commissioners for executing the Office of Lord High Admiral of England, and Mr. Southerne, do attend this House To-morrow, at Ten of the Clock in the Forenoon."

Admirals to attend;

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Admirals, who commanded the Fleet the last Summer, do attend this House To-morrow, at Ten of the Clock in the Forenoon."

and Witnesses in their Behalf.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all the Witnesses, who were ordered to attend the House this Day, in relation to the Expedition of the Fleet the last Summer, or on the Behalf of the Admirals who commanded the said Fleet, do attend this House on Thursday next, at Ten of the Clock in the Forenoon."

Carter and Browne discharged.

Upon reading the Petition of John Carter and John Browne; shewing, "That they humbly beg Pardon for having arrested Ezekiel Castenet, menial Servant to the Right Honourable the Earl of Portland, a Peer of this Realm;" they were called in, and, at the Bar, reprimanded for their Offence.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Carter and John Browne shall be, and they are hereby, discharged (paying their Fees); and this shall be a sufficient Warrant on that Behalf.

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

King's Answer to Address for Proceedings in Council about the Admirals:

The Lord Steward acquainted the House with His Majesty's Answer to the Address of the Eleventh of the last Month, for Papers of the Council, or Committee of Council, relating to the Fleet: "That His Majesty says, The Originals are before the House of Commons."

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

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

To desire a Conference, concerning Matters relating to the last Summer's Expedition at Sea, To-morrow, at Twelve of the Clock in the Painted Chamber.

Bayly versus Robson.

Upon hearing Counsel, at the Bar, upon the Petition of Sarah Bayly, Executrix of Edward Bayly, deceased; shewing, "That she hath an Appeal depending in this House, to which Anne Robson Widow and others are Respondents; whereupon Counsel was heard in January last, and a Trial at Law directed: That, pursuant to that Order, a Verdict was had at the Assizes at Cambridge for the Petitioner; and she now praying that the Decree complained of in her said Appeal may be reversed;" as also upon hearing Counsel for the said Anne Robson and others, in Answer thereunto:

After due Consideration had of what was offered on either Side, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree, complained of in the Petition and Appeal of the said Sarah Bayly, presented to this House the Tenth Day of December, One Thousand Six Hundred Ninety-two, shall be, and is hereby, reversed; and that the Appellant Sarah Bayly shall be admitted as a Mortgagee, for One Thousand Pounds Principal-money, according to the Verdict abovementioned; and that the Court of Chancery do proceed to make such further Order in this Case as shall be just.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) tertium diem Januarii instantis, hora decima Aurora, Dominis sic decernentibus.