DIE Veneris, videlicet, 28 die Maii.
Sir Baynham Throgmorton's Petition referred.
Ordered, That the Petition of Sir Baynham Trogmorton is referred to the Committee for Petitions, to be
heard the First Tuesday next Term; videlicet, the 29th
Day of June next.
Dr. Cosens and others Answers read.
The Answers of Dr. Cosens,
Dr. Carr, and
|Were read in this House.
Ordered, That the Petitions of Mr. Carie are recommended by this House to both the Houses of Parliament in Irelande, to do him Justice, according to the
Merit and Justness of his Cause.
Mallett and Hitch's Cause dismissed.
Ordered, That the Cause depending in this House
between Mallett and Hitch (having been fully heard
before the Committee for Petitions) is dismissed this
Nash versus Kynaston, it Error.
This Day Counsel on both Sides did argue the Errors
assigned in the Writ of Error, between Nash and Kynaston; and, after a full and deliberate Hearing of the
Cause at the Bar, the Counsel withdrew; and the House
taking the Exceptions made by the Plaintiff into Consideration, adjudged them to be frivolous and insufficient;
therefore it is Ordered, That the Judgement given in
the King's Bench is affirmed to be good; and that the
Record be forthwith remitted into the King's Bench;
and Charles Kynaston, the Defendant, to take out Execution upon the said Judgement.
L. Kymbolton's Request to petition the H. C. about his Possessions in Huntingdonshire.
The Lord Kymbolton (a Member of this House) made
it his humble Request, that he might have Leave to petition the House of Commons, for the settling the quiet
Possession of some Lands upon him in Huntingtonshire;
which this House gave Way unto, with a Saving to the
Privileges of this House, it being done with Leave first
Burgh versus The Six Clerks in Chancery.
It was moved, That the Lord Privy Seal, Earl of
Dorsett, and the Lord Cottington, Peers and Members
of this House, and the Lord Chief Justice of the Common Pleas, being an Assistant to this House, may have
Leave to testify their Knowledge in a Cause before the
Lords Committees for Petitions, between Mr. Burgh and
the Six Clerks in the Chancery; which Cause is to be
heard the 3d Day of June next; which the House consented to, and Ordered the same accordingly.
Report and Order concerning the Money raised for the Aqueduct, to be employed in draining the Fens.
Upon Report made this Day unto the House, "That
His Majesty hath been moved to give Way that Ten
Thousand Pounds, formerly raised for an Aqueduct
(being Part of a greater Sum designed for that Service), and now lying undisposed of in private Hands,
or locked up, and made no Use of towards that
Work, might be employed in and about the finishing
and perfecting of the Draining of The Great Level,
in Lincolneshire, and other Shires adjoining, whereon great Sums of Monies have been already expended, and the Work like to fall now, for Want
of the Sum of Ten Thousand Pounds to go through
the said Design this Summer; and that His Majesty is
graciously pleased that the said Sum, so raised for
the Aqueduct, as aforesaid, and remaining now in
private Hands, shall be employed for the perfecting
of the draining of the said Great Level aforesaid;
and that His Majesty is also pleased to give Security
that the said Sum of Ten Thousand Pounds shall be
re-paid (when the said Aqueduct will be proceeded in,
for the bringing of a Stream of Water to the City of
London and the Suburbs) unto such Person and Persons as this House shall approve and like of, to be fit
Undertakers of the said Work:" It is thought fit,
and so Ordered, by the Lords in Parliament, That
His Majesty's Attorney General shall have full Power
and Authority from this House, to send to the several
Persons in whose Custody these Monies are, and forthwith to get in the said Sum of Ten Thousand Pounds,
to be paid into such Hands as the Lords Committees particularly named by this House shall appoint to receive
the same, for the said draining of the said Fens, as
above-mentioned; and that all such Person and Persons
as their Lordships shall appoint for the receiving of the
said Monies shall hereby be authorized to receive the
same, to the Use aforesaid: And it is also Ordered,
That Sir Cornelius Vermuden shall give an Account of
the several Sums of Money formerly paid in to him, for
the draining of the said Great Level, unto a select Committee appointed by this House, to take an Account of
this whole Business; and to survey the Design to be
proposed unto their Lordships by the said Sir Cornelius
Vermuden, touching and concerning the whole Work;
and likewise, that they give their Directions how and in
what Manner the said Ten Thousand Pounds, now to be
raised for this Employment, shall be laid out by him the
said Sir Cornelius, for the perfecting and finishing of the
said Work as aforesaid: And lastly it is Ordered,
That, at or before any of the aforesaid Sum or Sums
of Monies shall be paid in, Security shall be given that
all such Sums of Monies, so disbursed, shall be timely
re-paid, as the Undertakers for the Water-works shall
not be hindered to proceed therein.
Committee to see this Order executed.
Lords appointed by this House to take the Account
of the Monies formerly expended by Sir Cornelius Vermuden, in the draining of The Great Level; and also to
survey the Design to be proposed by him, touching the
said Work; and to direct how the Ten Thousand Pounds,
demanded by Sir Cor. Vermuden for the perfecting of
the said Work, shall be expended: videlicet,
L. Viscount Say & Seale.
Mr. Justice Reeves, and
Mr. Justice Heath,
Ds. Willoughby de Earesby.
Ds. Grey de Warke.
Their Lordships, or any Five of them, or more, to meet
To-morrow in the Afternoon; and have Power
to adjourn themselves afterwards as often as
they shall see Cause, and to call such Persons
as their Lordships shall think fit, to give them
Information in the Business.
Order concerning Petition.
Upon Information this Day of the Multitude of Petitions that remain now in this House unanswered, the
great Concourse of Petitioners daily resorting hither,
and their earnest pressing for a Dispatch of the said Petitions; it is thought fit, and so Ordered, for the
speedier Dispatch of the said Petitioners, That no Petition whatsoever shall be received into this House, until the Pleasure of the same be further declared by Order, excepting only public Petitions, and such as concerns the Privileges of this House, and the Peers and
Members of Parliament.
Committee for Petitions.
Ordered, That the Committee for Petitions do
meet on Monday next in the Afternoon, and only read
Dominus Capitalis Justiciarius de Communi Banco,
Locum tenens Domini Custodis Magni Sigilli, declaravit
præsens Parliamentum continuandum esse usque in diem
Sabbati, videlicet, 29m diem instantis Maii, hora nona,
Dominis sic decernentibus.