Journal of the House of Lords: Volume 16, 1696-1701. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 30 Octobris.
E. of Montagu versus E. of Bath, for Waiver of Privilege.
Upon reading the Petition of the Right Honourable Ralph Earl of Montagu; shewing, "That the Right Honourable John Earl of Bathe and the Petitioner, on the Eight and Twentieth Day of November, One Thousand Six Hundred Ninety-three, did, under their Hands, declare and agree, That they, and each of them, would at all Times hereafter, and in all Courts, Causes, and Places, wave their Privilege, for themselves and their Servants, touching any Matters in Question then depending, or thereafter to depend, relating to the Estate Real or Personal of the late Duke of Albemarle: That there have been several Actions brought by the said Earl of Bathe against the Petitioner or his Tenants, and also by the Petitioner against the said Earl of Bathe or his Tenants, for several Lands which were formerly the late Duke of Albemarle's; and particularly One of the said Causes, wherein Robert Richards, One of the Tenants to the Earl of Bathe, was Plaintiff, and Henry Corneforth, Bailiff to the Petitioner, Defendant, for a Distress taken upon the Lands of the said late Duke, came to be tried in His Majesty's Court of Common Pleas in Trinity Terme last, where a Verdict was given for the Defendant, against the Earl of Bathe's Tenant; and the Petitioner expecting to go on to enter Judgement for the Defendant, the Earl of Bathe (notwithstanding the above-cited Agreement) did insist upon Privilege; and praying that the Petitioner may be suffered to proceed, notwithstanding the same, in any Cause or Causes to be brought by the Petitioner, relating to the Estate of the late Duke of Albemarle:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of this Petition shall be, and is hereby, referred to the Lords Committees for Privileges; who are to meet Tomorrow, at Ten of the Clock in the Forenoon, in the House of Peers; and to hear all Persons concerned therein; and report to the House.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, (videlicet,) secundum diem Novembris jam prox. futur. hora decima Aurora, Dominis sic decernentibus.