DIE Mercurii, 10 Januarii.
Domini tam Spirituales quam Temporales præsentes
Epus. St. David's.
Epus. St. Asaph.
Joh'es Sommers Miles,
Ds. Custos Magni Sigilli.
|Ds. Willoughby Er.
Ds. Berkeley Ber.
Ds. Howard Eff.
Ds. Berkeley Str.
Simpson versus Broomwhorwood.
The House being moved, "That a Day may be appointed for hearing of the Cause wherein William
Simpson is Appellant, and Thomas Broomwhorwood Respondent:"
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
Tuesday the Sixteenth Day of this Instant January, at
Ten of the Clock in the Forenoon.
Keymer versus Penny.
Upon reading the Petition of Mary Keymer (and the
Clerk giving an Account of the Proceedings in this
Case); shewing, "That Edward Penny brought an
Appeal against her into this House, the Seventh of
December, One Thousand Six Hundred Ninety-one,
which she answered the Fourteenth of the same
Month; and that she obtained an Order, the Twentieth
of January, One Thousand Six Hundred Ninety-one,
that, unless the Appellant Edward Penny did enter
into a Recognizance for Costs, and proceed in the
Cause within a Week, the Appeal should stand dismissed; and that he hath not as yet entered into a
Recognizance; but did, on the Five and Twentieth of
January, One Thousand Six Hundred Ninety-one, procure an Order for a Day of Hearing; but hath not
since proceeded; and praying, that the said Appeal
may now stand dismissed, for Want of Prosecution:"
It is this Day ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That the said Petition and Appeal of Edward Penny shall be, and is
hereby, absolutely dismissed this House.
Zouch versus Swinnock, et è contra.
After hearing Counsel Yesterday, at the Bar, upon
the Petition and Appeal of James Zouch Esquire, from
a Decree made in the Court of Chancery, the Sixteenth
Day of April, in the Fourth Year of the Reign of
Their present Majesties, by the late Lords Commissioners for the Custody of the Great Seal, in a Cause
then depending, between Thomas English and Dorothy
his Wife (the Appellant's Sister) Complainants, and
the Petitioner Defendant, et è contra; as also upon
the Answer of Samuel Swynocke and Dorothy English put
in thereunto; as also after hearing Counsel upon the
Petition and Appeal of Dorothy English Widow, from
the Decree abovementioned, and the Answer of James
Zouch and Samuel Swynock put in thereunto:
After due Consideration had of what was offered by
Counsel upon the said Petitions and Answers, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree complained of in the said Petitions of Appeal shall be, and
is hereby, reversed, as to so much as relates to the
Settlement of the Fifteen Hundred Pounds, Principal
Money; and that the same shall be paid by the Appellant James Zouch, to the Appellant Dorothy English;
and as to the Interest which accrued for the Fifteen
Hundred Pounds, during the Marriage between the said
Thomas English and Dorothy his Wife, that the same shall
be paid to the Respondent Samuel Swynock, deducting
so much as was paid by the Appellant James Zouch
for the Maintenance of the Appellant Dorothy English,
during her Coverture; but such Allowance for Maintenance not to exceed One Moiety of the Interest
Yearly, and the Accompt to be taken in Chancery accordingly; and that the Interest accrued since the Death
of Thomas English be paid to the Appellant Dorothy
Then the House went into farther Consideration of
the Expedition at Sea the last Summer; and the Admirals who commanded the Fleet.
And, after hearing them at the Bar, in Answer to
some Questions proposed to them, and reading some
Letters and Orders in relation to that Business; and upon
full Consideration of what had been in Debate the
several former Days:
This Question was put, "Whether the House shall
be now adjourned?"
It was Resolved in the Negative.
Vote, That the Admirals have done well in the Execution of their Orders:
Then it was Resolved, upon the Question, "That
the Admirals who commanded the Fleet the last
Summer have done well, in the Execution of the
Orders they received."
Protest against it.
"Leave having been asked, and given, for any
Lords to dissent from the abovesaid Resolution; the Lords whose Names are after subscribed dissent in the following Reasons; (videlicet,)
"1. Whereas, by an Order of the Admiralty, bearing Date the Nineteenth of May last, the Admirals
were to direct Sir George Rooke, that, after their parting with him, he should steer such a Course for his
Passage to Cadiz as shall be thought most safe by
a Council of War, with relation as well to the Brest
Fleet, if gone out to Sea, as to the Thoulon Squadron;
it does not appear to us, that there has been any
Council of War from the Two and Twentieth of May
to the Fourth of June, which was the Day that
the Signals were given for their parting from the
Streights Fleet; which last Council of War was not
called till after the Signals for Parting were given,
and occasioned by the Accident of the Turkey Fleet's
"2. That though it doth appear by the Result of
the Council of War of the Fourth of June, that
they had no Intelligence where the Enemy was; yet
notwithstanding, we do not find, in that Council, it
was so much as proposed how to get Intelligence
where the Brest Fleet was, pursuant to the Order of
the Admiralty of the Nineteenth.
"3. We conceive it to be the Duty of an Admiral
or General, to use his utmost Endeavours to discover
the Motions of an Enemy, without an Order from his
Superiors, and much more when he has one.
"4. Their not sending One or more good Sailers, to
find out if the French Fleet were failed from Brest;
as also what Course they steered, so as to give Intelligence to our Main Fleet, at a Station appointed
before they parted with Sir George Rooke, was (as
we conceive) the chief Cause of the Misfortune that
happened to the Turkey Fleet.
"5. It appears by the Admirals own Letters to the
Admiralty, of the Fourteenth of July and Eighteenth
of September last, that, at a Council of War held on
the Two and Twentieth of May, they were of
Opinion, that that Part of the Admiralty's Order of
the Nineteenth, which related to the Course of Sir
George Rooke was to steer, was unreasonable and impracticable; yet they did not send up to have it explained, though the Fleet did not sail till the Thirtieth.
This looks as if they rather designed an artificial
Excuse for doing nothing, than the Discharge of the
Trust reposed in them.
"6. That Sir George Rook's Narrative, which might
have given a further Light to the Enquiry into the
Admirals Conduct last Summer, was not allowed to
"7. This Vote seems to approve of the Behaviour
of the Admirals, in the last Summer's Expedition;
which differs (as we conceive) from the Opinion the
greatest Part of Europe has of it, and may be of ill
Consequence, by giving our Allies no very fair
Prospect of better Success.
"8. Because, by this Vote, is prevented any further
Inquiry into the last Year's Miscarriage, relating to
the Admirals, if any new Matter should arise from
new Evidence; and it may stop any Prosecution of
the King's, in case He should think fit to proceed
farther in that Affair.
Berkeley of Berkeley.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque ad et in diem
Jovis, (videlicet,) undecimum diem instantis Januarii, hora
decima Aurora, Dominis sic decernentibus.