House of Lords Journal Volume 14: 18 November 1691

DIE Mercurii, 18 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Goodwin's Bill.

Hodie 2^a vice lecta est Billa, "An Act for the enabling Thomas Goodwin the Younger, Gentleman, to sell Lands in Rudway, in the County of Warwicke, for the Payment of his Debts."

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

Their Lordships, or any Five of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers.

Putt's Bill.

Hodie 3^a vice lecta est Billa, "An Act to enable the Executors and Trustees of Sir Thomas Putt Baronet, deceased, to lease several Messuages, Lands, Tenements, and Hereditaments, during the Minority of Sir Thomas Putt Baronet, Son and Heir of the said Sir Thomas Putt, towards the Payment of Five Hundred Pounds apiece Legacies to his Three Sisters, Margaret, Ursula, and Susanna Putt; as also the Debts of the said Sir Thomas Putt the Father."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

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

To carry down the said Bill, and desire their Concurrence thereunto.

Oaths in Ireland, Bill.

Hodie 3^a vice lecta est Billa, "An Act for abrogating the Oath of Supremacy in Ireland, and appointing other Oaths."

The Question was put, "Whether this Bill, with the Provisos and Amendments, shall pass?"

It was Resolved in the Affirmative.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir William Whitlock and others;

Who brought up a Bill, intituled, "An Act for regulating of Trials in Cases of Treasons;" to which they desire the Concurrence of this House.

Bromhall versus Manlove.

Upon reading the Petition of Thomas Bromhall Infant, per Guardian; praying, "That a Day may be appointed for hearing of his Cause; and that, at the same Time the Respondent Richard Manlove may produce the several Deeds and Writings confessed in his several Answers in Chancery, and in his Answer to this Petition now depending:"

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 Monday the Thirtieth Day of this Instant November, at Ten of the Clock in the Forenoon; and that the said Richard Manlove do produce the several Deeds and Writings confessed in his several Answers in Chancery, and in his Answer to the Petition now depending in this House, at the Day of Hearing; whereof the Petitioner is to cause Notice to be given to the Defendant, to the End he attend with his Counsel, and bring the Deeds, at the Day of Hearing.

Wareing versus Plate.

Upon reading the Petition of Richard Wareing; praying a Day may be appointed for hearing his Cause, to which Sir John Plate and Dame Anne his Wife are Defendants:

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 First Day of December next, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause Notice to be given to the Defendants, to the End they attend with their Counsel accordingly.

The House being this Day moved, "That John Temple, of Lincolne's Inne, Esquire, may enter into Recognizance for Mrs. Hetley and Mrs. English:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Temple may enter into Recognizance, as desired, for (fn. 1) Mrs.Hetley and Mrs. English.

Whitaker versus Pawlin & al.

Upon hearing Counsel this Day, at the Bar, upon the Petition of Edward Whitaker Gentleman, being an Appeal from a Decree and Dismission of the Court of Chancery, the Fifteenth Day of January last, before the present Lords Commissioners of the Great Seal of England; praying, "That the Order, Enrollment, and Proceedings of the Court of Chancery, for Dismission of the Petitioner's Bill, may be set aside and reversed; and that William Pawlin, William Loggin, William Newsame, John Cooche, John Loggin, John Smith, Thomas Goodinge, Robert Blaney, and John Cole, Defendants; and that the Decree made the Three and Twentieth Day of March, 1685, between the Defendants William Pawlin, William Loggin, William Newsame, and the said John Loggin, et è contra, may be reversed, so far as it hinders the Petitioner from having an Account of the Bankrupt the Defendant John Loggin's Estate, in the Defendants William Pawlin, William Loggin, and Newsame's Hands, and other Things in the Petition setforth;" as also upon the Answers of Will'm Pawlyn, William Loggin, William Newsame, and John Smith, put in thereunto:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Order of Dismission of the Court of Chancery, complained of in the Petition of the said Edward Whitaker, shall be, and is hereby, reversed; and that the said Edward Whitaker is to have Account of the Bankrupt's Estate assigned to the said John Smith.

City of London versus Orphans Court of Inquiry, Bill.

Upon reading the Petition of the Lord Mayor and Court of Aldermen of the City of London; shewing, "That they have received an Order to attend the Lords Committees to whom is referred a Bill, intituled, "An Act for erecting a Court of Inquiry, in order to the Relief of the distressed Orphans of the City of London;" and praying, "they may be heard at the Bar, concerning the Premises, before there be any further Proceedings on the said Bill:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Mayor and Court of Aldermen of the City of London shall be heard, by their Counsel, at the Bar of this House, on Tuesday the Four and Twentieth Day of this Instant November, at Ten of the Clock in the Forenoon, as desired by their Petition; at which Time the Orphans of the City of London shall be heard also by their Counsel.

Judges to attend.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all the Judges do attend this House To-morrow, at Ten of the Clock in the Forenoon.

L. Keveton's Account of Papers taken in an Irish Vessel going to the French Squadron.

The Order being read, for the Lord Keveton to attend this Day; his Lordship being present, the Speaker, by Order of the House, acquainted him with the Information the House received Yesterday at a Conference with the House of Commons.

Then his Lordship gave the following Account:

"The Lord Keveton saith, That he was in Company with a Noble Peer of this House, and Two Members of the House of Commons. The Noble Peer shewed his Lordship a Letter, the Postscript of which gave Intelligence, "that Sir Ralph Dalavall had taken a French Packet Boat bound for Ireland, in which there was found a Copy of Sir Ralph Dalavall's Instructions." And his Lordship was asked by that Noble Peer, and those Gentlemen of the House of Commons, amongst other Questions about News, "Whether the Postscript of that Letter were true?" And his Lordship answered, "That there was no such Thing as a Copy of any Instructions that his Lordship had seen; but that there was Copies of Two Letters; the Titles of which (One of them was) A true Copy of General Ginckle's Letter to Sir Ralph Dalavall; and the other was 'tituled, A Copy of my Lord Nottingham's Letter to Sir Ralph Dalavall.

"His Lordship says, he had not Time to read any more than the Beginning of General Ginckle's Letter; which seemed to wish for Sir Ralph Dalavall's expediting his Voyage to the Coast of Ireland. Sir Ralph Dalavall told his Lordship, "He wondered to see Copies of Letters, when the Originals never came to his Hands."

"His Lordship further saith, That he asked the Commander of this small Vessel, who was then on Board Sir Ralph, "Whither he was going, when he was taken?" And he told them, "That he was going to the French Squadron, under the Command of Mons'r Chesteau-Renau't." His Lordship asked him, "From whence he came?" He told him, "From Brest." And also his Lordship asked him, "Where he left Mr. Chesteau-Renau't?" And he told him, (to the best of his Lordship's Memory) "He left him near the Coast of Ireland." And his Lordship also asked him, "What Strength he had with him?" And he said, "He had Eighteen Sail of Men of War fit for the Line of Battle; and that Mr. Chesteau-Renau't himself was in a Three-deck'd Ship of Eighty odd Guns; and that none of those Eighteen Ships were of less Force than Fifty Guns; that they had about Fifty Sail of Merchant-men with them, laden with Arms for Thirty Thousand Men, and all Manner of Ammunition and Stores for the same." His Lordship asked him, "How he came to fall in with the English Fleet?" He said, "That he, not knowing that the English Fleet was at Sea, believed it might be their own Fleet drove so far to the Leeward of their Station; which, he said, was to have been West-South-West, from Scilly, Fifteen Leagues; that, when he saw his Error, he made the best of his Way from the English Fleet he could, but was taken by One of the English Cruizers."

"His Lordship says, That he had this Discourse, and much more of little Importance which he doth not well remember, with this Commander, before he had seen the Copies of those Letters.

"His Lordship further says, That he heard Sir Ralph Delavall, and some of the other Officers then on Board, say, "That this Man had owned he had a Packet, which he had thrown over-board when he found he could not escape; saying, That they could not blame him for it, it being his Duty; and what he believed any of them would have done for the Service of their Prince; and that these Papers were not so ready, being Papers as he thought of less Consequence." He told his Lordship, "That Mr. Chesteau-Renau't's going out was designed for the Relief of Limericke."

"His Lordship says, That the aforesaid Papers were taken out of a Vellum Case, in which there was several other Papers; and that Sir Ralph Delavall did say to his Lordship, "That he did not know but that they might be Papers of Consequence."

Which after he had put into Writing, and it was read; the Earl of Nottingham acquainted the House, "That he had received a Letter from Sir Ralph Delavall; and that with it came a Bundle of Papers, which he did not open, but had ordered the Person that brought the Letter and Parcel to bring it to the House; and that he attends at the Door with it."

Then he was called in (his Name was John Ward); and, being sworn, was asked, "If he belonged to Sir Ralph Delavall, and whether that was the Parcel which he received from Sir Ralph Delavall?" He answered, "It was the very Parcel, and that he was ordered to deliver it with the Letter to the Earl of Nottingham; and that he refused to receive the Parcel, and ordered him to bring it to the House."

Then the Parcel was brought to the Table, and opened, by the Clerk, in the Presence of the House; and the Clerk marked them, to the Number of Eighteen; several of which Papers were in French, and read; and the Letter from Sir Ralph Delavall to the Earl of Nottingham was read, as followeth; (videlicet,)

Sir Ralph Delavall's Letter to E. Nottingham about them.

"To the Right Honourable the Earl of Nottingham, Principal Secretary of State. London.

"My Lord,

"I received yours, dated the 14th Instant, 91; and, according to your Desire, have sent you every Paper that came to me by Captain Gillam, who took the Prize. If I had believed them of any Moment, I should not failed of transmitting them to your Lordship by the First Opportunity; nor can I apprehend how these Reports should arise. It's true, at the Time Captain Gillam brought the French Captain on Board with these only Papers, my Lord Danby and several Commanders were on Board. My Lord read them, as understanding French (which I do not); and so did several others; but could not believe there was any Thing in them that should give Ground for such a Report. Yet, when I consider how much I find I am traduced for not doing an Impossibility, or rather not obeying an Order which I never received, I do not wonder. I wish the Opinion of the Dutch Flags, as also of the Captains that are Seamen with me on this last Cruize, were asked, whether I have acted according to Reason, and like a Seaman; and shall presume to say, that if I were now to go on the same Service, I would not run such Hazard as I did. But I must submit; and rest,

"Your Lordship's
Most obedient Servant,
Nov. 16th, 1691.
Ra. Delavall."

Sir Ra. Delavall & al. to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Ralph Delavall, Captain Martin, Mr. Batten, Captain Gillam, and the French Prisoner who commanded the French Ship or Vessel, do attend this House, with all convenient Speed.

Message to H. C. for a Conference about this Business.

ORDERED, That a Message be sent to the House of Commons, by Sir Miles Cooke and Dr. Edisbury:

To desire a Conference, To-morrow at Eleven of the Clock in the Forenoon, in the Painted Chamber, upon the Subject-matter of the last Conference.

ORDERED, That the Managers do deliver, at the Conference, the Lord Keveton's Information, Sir Ralph Delavall's Letter, and Papers received from him.

ORDERED, That the House shall be put into a Committee To-morrow, to consider of the Bill, intituled, "An Act for the better determining of Causes on Bills of Review in Chancery, and other Courts of Equity.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 19^um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.