House of Lords Journal Volume 15
15 January 1694

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 15: 15 January 1694', Journal of the House of Lords: volume 15: 1691-1696 (1767-1830), pp. 342-343. URL: http://www.british-history.ac.uk/report.aspx?compid=11985 Date accessed: 26 July 2014.


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DIE Lunæ, 15 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Rochester.
Epus. Exon.
Epus. St. David's.
Epus. Sarum.
Epus. Chester.
Epus. Worcester.
Epus. Ely.
Epus. Hereford.
Epus. Norwich.
Epus. Peterburgh.
Epus. Chichester.
Epus. Lincolne.
Epus. St. Asaph.
Dux Cumberland.
Joh'es Sommers Miles,
Ds. Custos Magni Sigilli.
Dux Somerset.
Dux Richmond.
Dux Schonbergh.
March. Halifax.
Ds. Senescallus.
Ds. Camerarius.
Comes Oxon.
Comes Shrewsbury.
Comes Kent.
Comes Bridgewater.
Comes North'ton.
Comes Mulgrave.
Comes Winchilsea.
Comes Carnarvan.
Comes Thanet.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Bathe.
Comes Craven.
Comes Sussex.
Comes Nottingham.
Comes Rochester.
Comes Portland.
Comes Fauconberge.
Comes Monmouth.
Comes Marleborough.
Comes Torrington.
Comes Scarbrough.
Viscount Newport.
Viscount Weymouth.
Viscount Longueville.
Viscount Villiers.
Ds. Willoughby Er.
Ds. Lawarr.
Ds. Berkeley Ber.
Ds. Fitzwalter.
Ds. Wharton.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Maynard.
Ds. Vaughan.
Ds. Culpeper.
Ds. Clifforde.
Ds. Lucas.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Arundell Tr.
Ds. Carteret.
Ds. Ossulstone.
Ds. Godolphin.
Ds. Cholmondeley.
Ds. Ashburnham.
Ds. Lempster.

PRAYERS.

City of London versus Gulston's Bill, for breaking Pavement in Southwark, to supply it with Water.

Whereas this Day was appointed for hearing the Lord Mayor and Aldermen of the City of London, against the Bill, intituled, "An Act to empower William Gulston Esquire to break up the Streets and other Public Ways in Southwarke, and laying of Pipes for supplying of Water from the River of Thames to the Inhabitants there:"

Upon reading the Petition of divers Inhabitants of Southwarke and the Liberties thereof, and praying the passing of the said Bill; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Mayor and Aldermen of the City of London may have a Copy of the said Petition; and shall be heard, by their Counsel, on Monday the Two and Twentieth Day of this Instant January, at Ten of the Clock in the Forenoon; as also Counsel for the Bill.

Brooke versus Brooke.

Upon reading the Petition and Appeal of Dame Martha Brooke, the Wife of Sir Robert Brooke Baronet, late Relict and Administratrix of Christopher Tomlinson, of London, Merchant, deceased, and of Grace, Anne, and Paydell Tomlinson, Spinsters, Three of the Children of the said Christopher, who are Infants, by the said Martha their Prochien Amy, and of Sir William Thompson Knight, and John Pleydell Gentleman, their Trustees, from a Decree made in the High Court of Chancery, in certain Causes there depending, wherein the said Sir Rob't Brooke is Complainant, and the said Lady Brooke and others Defendants; and the said Sir William Thompson Knight, John Pleydell, Grace, Anne, and Pleydell Tomlinson, Infants, by their Prochein Amy, Complainants, and the said Sir Robert Brooke, Dame Martha his Wife, and others, Defendants; and praying, "That Sir Robert Brooke may answer thereunto; and that the Decree and Proceedings thereupon may be reversed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Robert Brooke may have a Copy of the said Petition; and do put in his Answer thereunto, in Writing, on Monday the Nine and Twentieth Day of this Instant January, at Ten of the Clock in the Forenoon.

Whitehall's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable John Whitehall to charge the Lands herein mentioned with the Sum of Fifteen Hundred Pounds, towards Portions for his Younger Children."

ORDERED, That the Consideration of the abovesaid Bill shall be committed to the Lords following:

Dux Somerset.
Comes Shrewsbury.
Comes Bridgewater.
Comes Mulgrave.
Comes Sandwich.
Comes Bathe.
Comes Craven.
Comes Nottingham.
Comes Rochester.
Comes Marleborough.
Comes Scarsdale.
Viscount Newport.
Viscount Weymouth.
Epus. London.
Epus. Durham.
Epus. Exon.
Epus. Sarum.
Epus. Worcester.
Epus. Norwich.
Epus. Lincolne.
Epus. St. Asaph.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Vaughan.
Ds. Culpeper.
Ds. Clifforde.
Ds. Cornwallis.
Ds. Ossulstone.
Ds. Ashburnham.
Ds. Lempster.

Their Lordships, or any Five of them; to meet on Thursday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sir R. Dutton versus Howell.

Whereas there is a Writ of Error brought into this House, wherein Sir Richard Dutton is Plaintiff, and Richard Howell and others Defendants, upon which Errors are assigned, and Issue joined:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued thereupon on Wednesday the Four and Twentieth Day of this Instant January, at Ten of the Clock in the Forenoon.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Christy and others:

Who brought up a Bill, intituled, "An Act to enable John Vivian Esquire, and Thomas Vivian his Son, to sell some Part of their Estate, for Payment of Debts, and making Provision for Younger Children, and for settling other Part of their Estate in Lieu thereof;" to which they desire the Concurrence of this House.

King's Answer to Address for Information when Intelligence of the sailing of the Brest Fleet was sent to the Admirals.

The Earl of Rochester reported His Majesty's Answer to the Address on Thursday last, "That His Majesty having, upon Two former Addresses from this House, commanded, That all the Proceedings should be laid before this House, that had been in the Council, or the Committee of Council, relating to the Admirals, or Sir George Rooke, as likewise the Report from the Council to His Majesty, relating to the detaining The Streights Squadron, and the Admirals Carriage relating to that Squadron; He thought that this House had been possessed of the whole Matter: But, upon a further Address of the Eleventh Instant, His Majesty doth give Leave, that any of the Privy Council, that are Members of this House, may acquaint this House when the Intelligence of the French Fleet's sailing out of Brest was sent to the Admirals."

After hearing some of the Lords of the Council, the House proceeded as followeth; (videlicet,)

Message to H. C. that the Lords agree to the Conference about Proceedings in Council concerning the Admirals.

A Message was sent to the House of Commons, by Sir Rob't Legard and Mr. Holford:

To let them know, the Lords do agree to the Conference, which the House of Commons desired the Fourth Instant; and the Lords do appoint it presently, in the Painted Chamber.

Managers.

Then the House added the following Lords to the former Managers of the Conference:

March. Halifax.
Ds. Senescallus.
Comes Shrewsbury.
Comes Rochester.

Committee to prepare Heads for a Conference about Intelligence of the sailing of the Brest Fleet being sent to the Admirals.

Then the House named the Lords following; (videlicet,)

D. Bolton.
March. Halifax.
Ds. Senescallus.
Comes Shrewsbury.
Comes Rochester.
Comes Fauconberge.
Comes Marleborough.
Ds. Cornwallis.

To draw up what shall be offered at a Conference to be had with the House of Commons.

And the House was adjourned during Pleasure; and the Lords withdrew, to draw what shall be offered at the Conference.

The House was resumed.

And the Commons being come to the Conference, and the Managers Names read over, the Lords went to the Conference.

Which being ended, the House was resumed.

Report of the Conference, about Proceedings in Council.

And the Duke of Bolton reported, "That the Managers had attended at the the Conference; and that the Commons said, They received the Papers desired from the Clerk of the Council, and had returned them to him again."

Heads for the Conference about Intelligence concerning the Brest Fleet.

Then the Lord Marquis of Halifax reported what was drawn by the Committee, to be offered at the Conference to be had with the Commons.

Which was read, and agreed to, as followeth; (videlicet,)

"That the Lords having had laid before them, by the Earl of Nottingham, an Extract of a Letter dated from Paris, June 1st, N. S. received May 30th, O. S. 1693, as follows:

"There are 68 Ships, in which there are 30,118 Men, and 4,876 Guns. "We have News since, that this Fleet is sailed, and was out of Sight."

"And whereas, upon an Address to the King, such Lords as are of the Privy Council had Permission from His Majesty to acquaint this House when the Intelligence of the French Fleet's sailing from Brest was communicated to the Admirals of the Fleet: Several of those Lords did thereupon inform the House, "That the Letter mentioned by the Earl of Nottingham was laid before the Committee of Council, and took it for granted that the Intelligence therein contained was sent to the Admirals of the Fleet." But, it not appearing clearly whether it was so communicated or not, this House does desire of the House of Commons, that they will enquire, by the most proper Methods, of the Members of their House (that are of the Privy Council), whether this Intelligence of the French Fleet's being sailed out of Brest was communicated to the Admirals of the Fleet; and when it was so communicated."

Message to H. C. for this Conference.

A Message was sent to the House of Commons, by Sir Robert Legard and Mr. Holford:

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

Managers.

Then the House named the Lords following to be Managers of the Conference:

Dux Bolton.
March. Halifax.
Comes Oxon.
Comes Shrewsbury.
Comes Kent.
Comes Thanet.
Comes Monmouth.
Comes Marleborough.
Epus. Exon.
Epus. Worcester.
Epus. Norwich.
Ds. Culpeper.
Ds. Granville.

Simpson versus Broomwhorwood.

Whereas, by an Order of the Tenth Instant, it was ordered, That the Cause wherein William Simpson is Appellant, and Thomas Broomwhorwood Respondent, should be heard on Tuesday the Sixteenth Instant:

It is now 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 Saturday the Twentieth Day of this Instant January, at Ten of the Clock in the Forenoon.

Admirals & al. to attend.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Admirals who commanded the Fleet the last Summer, Captain Rutter, Daniel Castle, and Stephen Higgins, do attend this House To-morrow, at Ten of the Clock in the Forenoon.

Adjourn.

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