House of Lords Journal Volume 14: 12 November 1689

DIE Martis, 12 die Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Litchfield to attend, in a Fortnight;

A Letter from the Earl of Litchfeild, was read, desiring some longer Time to attend this House.

And he hath Fourteen Days longer to attend this House peremptorily, all Excuses set apart.

and L. Morley, in Three Weeks.

The Lord Morley hath Three Weeks longer Time to come out of Lancashire, to attend this House, being at present not able to come; as was testified by the Earl of Macclesfeld.

Bill to reverse Walcott's Attainder.

The Duke of Bolton reported, "That the Committee for considering the Bill for reversing the Attainder of Thomas Walcot Gentleman, and the Bill for naturalizing of William Watts, are of Opinion that the said Bills are fit to pass as they are, without any Amendment."

Whereupon the House ordered the said Bills should be engrossed.

L Preston's Patent of English Peerage, from the late King, voted null and void.

Next, the House took into Consideration the Patent of the Lord Viscount Preston.

And the Speaker told the House, "That he had acquainted the Judges with the Particulars of the whole Case; which they hold to be a high Misdemeanor."

After Debate;

The House had this Question put, "Whether the pretended Patent sent into this House by the Lord Preston, by which he claims to be a Peer of England, be null and void?"

It was Resolved in the Affirmative, nemine contradicente; and so declared.

ORDERED, by the Lords Spiritual and Temporal assembled in Parliament, That the pretended Patent of the Lord Viscount Preston be kept in the Custody of the Clerk of the Parliaments, until further Order of this House.

V. Preston to be prosecuted by Attorney General:

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Their Majesties Attorney General do prosecute Richard Lord Viscount Preston of the Kingdom of Scotland, in Their Majesties Court of King's Bench, for a high Misdemeanor, in claiming to be a Peer of this Realm by his pretended Patent.

To Sir George Treby, Their Majesties Attorney General.

Committed to The Tower.

ORDERED, by the Lords Spiritual and Temporal assembled in Parliament, That the Gentleman Usher of the Black Rod do carry Richard Lord Viscount Preston, now in his Custody, to Their Majesties Tower of London; there to be kept in safe Custody, until he shall be delivered by due Course of Law.

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

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Richard Lord Viscount Preston, of the Kingdom of Scotland, be, and is hereby, committed Prisoner to Their Majesties Tower of London, for high Misdemeanors, in claiming to be a Peer of this Realm by his pretended Patent, there to be kept in safe Custody; and this shall be a sufficient Warrant in that Behalf.

To the Right Honourable the Lord Lucas, Chief Governor of Their Majesties Tower of London, his Deputy and Deputies, and every of them.

Judges Opinions, concerning the Evidence against L. Griffin.

Next, the House took into Consideration the Case of the Lord Griffin.

The Letter was read, and the Evidence of Hall, that he believes that Letter to be the Hand-writing of the Lord Griffin.

Whereupon the Judges were of Opinion, "That this is good Evidence to commit the Lord Griffin."

L. Griffin committed to The Tower, upon it.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Edward Lord Griffin be, and is hereby, committed Prisoner to Their Majesties Tower of London, there to be kept in safe Custody, for holding Correspondency with Their Majesties Enemies, and contriving and carrying on treasonable Practices against Their Majesties and Their Government; and this shall be a sufficient Warrant on that Behalf.

To the Right Honourable the Lord Lucas, Chief Governor of Their Majesties Tower of London.

Goodridge versus Crossman.

Upon reading the Petition of William Goodridge; shewing, "That James Crossman, Vicar of Banwell, in the County of Somersett, having exhibited his Bill in the Court of Exchequer against the Petitioner, for Non-payment of Small Tithes; which the Petitioner not answering, the said Crossman exhibited another Bill against him; which Bill being read in Court Three several Times, the said Court did decree all the Suggestions in the said Bill contained should be taken against the Petitioner pro confesso, and be charged in Execution for £.20 Costs of Suit; and all in regard the Petitioner could not answer the said Bill upon Oath, in respect of his tender Conscience scrupling to swear in any Case; and setting forth several other Things in the said Petition, which he alledges to be illegal, unwarrantable, and oppressive, and humbly praying to be relieved therein:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Crossman 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 28th Day of this Instant November; and hereof timely Notice is to be given to the said James Crossman, to the End he fail not to answer accordingly.

Wyndham versus Wyndham.

Upon reading the Petition of Edmund Windham; shewing, "That he hath an Appeal depending in this House, to which Anne Windham is Defendant, and praying that a Day of hearing of the said Appeal may be appointed; and that the Respondent Anne Windham should give him, or his Solicitor, a true and perfect Copy of the stated Accompt between them, a Week before the Hearing:"

It is thereupon 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 26th of this Instant November, at Ten of the Clock in the Forenoon; and that the said Anne Windham do give, or cause to be given, unto the said Edmund Windham, or his Solicitor, a true and perfect Copy of the stated Accompt between them, on Tuesday the 19th Instant; whereof the said Edmund Windham is to cause Notice to be given to the said Anne Windham, to the End she attend with her Counsel, and give a Copy of the Accompt accordingly.

Beake versus Berney.

Upon reading the Petition and Appeal of Elizabeth Beake, an Infant of about the Age of Sixteen Years, Daughter and Executrix of Samuell Beake, of London, Merchant, deceased, by Abraham Beake and John Cranenburgh her next Friends, and Administrators of the Petitioner's Father during the Minority of the Petitioner, from a Decree obtained by Rich. Berney Esquire, against the said Abraham Beake and John Cranenburgh, by the Lord Chancellor Jeffryes, the 27th Day of October, in the Second Year of the Reign of the late King James the Second, and praying Relief herein:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Berney may have a Copy of the said Appeal; and be, and is hereby, required to put in his Answer thereunto in Writing, on Tuesday the 3d Day of December next, at Ten of the Clock in the Forenoon; whereof the said Elizabeth Beake, Abraham Beake, and John Cranenburgh, are to cause timely Notice to be given to the said Richard Berncy, to the End he answer accordingly.

Underwood versus Canham.

Upon reading the Petition and Appeal of Mary Underwood and others, from a Decree made in the High Court of Chancery the 3d Day of July, 1689, in a Cause wherein these Appellants were Plaintiffs, against Daniell Canham Defendant; and praying that the Decree may be rectified; and that your Petitioners may be relieved:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Daniell Canham may have a Copy of the said Petition and Appeal; and be, and is hereby, required to put in their Answer thereunto, in Writing, on Saturday the 23th Day of this Instant November, at Ten of the Clock in the Forenoon; whereof the said Mary Underwood and others, Plaintiffs, are to cause timely Notice to be given to the said Daniell Canham, to the End he answer accordingly.

Beaple versus Gay.

Whereas this Day was appointed for hearing the Cause wherein Thomas Beaple is Plaintiff, and Martha Gay Defendant:

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, Tomorrow, at Ten of the Clock in the Forenoon.

Report from Committee of Inspections, concerning the Prosecution of L. Russel, &c.

Some Members of H. C. to be desired to attend the Committee.

The Earl of Stamford reported, "That it was the Opinion of the Committee appointed to examine who were the Advisers and Prosecutors of the Murders of the Lord Russell, Colonel Sidney, Sir Tho. Armstrong, Mr. Cornish, and others; and who were the Advisers of issuing out Writs of Quo Warrantos against Corporations, and who were their Regulators, and also who were the public Assertors of the Dispensing Power; that the House of Commons be desired that Mr. Serjeant Trenchard and John Hampden Esquire, and such other Members of their House as can inform the Lords of the said Committee about these Matters, may have Leave to appear when desired, to declare their Knowledge therein."

His Lordship also reported, "That it is the Desire of the Committee, that Doctor Tillotson may attend their Lordships on Friday next, at Five of the Clock; and that, in the mean Time, he may be sworn at the Bar of the House, in order to his Examination before their Lordships."

To which Report the House agreed.

Message to H. C. for Mr. Hampden, Serjeant Trenchard, and others, to attend it.

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

To desire that Mr. Serjeant Trenchard and John Hampden Esquire, and such other Members of their House as can inform the Lords of the said Committee about these Matters, may have Leave to appear when desired, to declare their Knowledge therein.

Doctor Tillotson to be examined before the Committee.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Doctor Tillotson do attend this House on Friday next, at Ten of the Clock in the Forenoon, to be sworn at the Bar, in order to his giving Information to the Committee for Inspections at Five of the Clock in the Afternoon of the same Day.

Mutiny Bill.

1^a & 2^a vice lecta est Billa, "An Act for the punishing Officers and Soldiers who shall mutiny or desert Their Majesties Service, and for punishing false Musters."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Their Lordships, or any Three of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

L. Ferrers, Leave to be absent.

The Lord Ferrers asked Leave of the House to go into the Country for his Health, and he would send his Proxy.

Which the House granted.

Adjourn.

Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 13^um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.