House of Lords Journal Volume 14: 2 December 1690

DIE Martis, 2 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Broomhall versus Johnson.

The House being this Day moved, "That a Day may be appointed for hearing the Cause wherein Thomas Bromhall is Plaintiff, and Henry Johnson 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, on Monday next, at Ten of the Clock in the Forenoon.

E. of Thanet and Count. of Burlington, concerning the Barony of Clifford.

The Earl of Bridgewater reported from the Lords Committees for Privileges, in the Case referred to them upon the Petition of the Earl of Thanet, claiming the Barony of Clifford, concerning the Methods of proceeding on Petitions of that Nature, a short Abstract of the Proceedings upon the Lord Willoughby's Claim to the Titles of Earl of Oxford, Lord Bulbeck, Sanford, and Badlesmere, and Office of Great Chamberlain of England in 1625, and an Abstract of the Proceedings in Mr. Longuevill's Claim to the Title of Lord de Grey in 1640; which were heard at the Bar: And upon reading the Petition of Elizabeth Countess of Burlington and Corke, sole Daughter and Heir to Henry late Earl of Cumberland and Lord Clifford deceased; praying, "that she may have a reasonable Time allowed to make good the Allegations of her Petition concerning the Claim to the Title of the Lord Clifford:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel for the Earl of Thanet, as also Counsel for the Countess of Burlington & Corke, for and against the said Claim, on Tuesday the Fourteenth Day of January next, at Ten of the Clock in the Forenoon.

Bp. St. Asaph versus Price & al. Privilege.

The Lord Ferrers reported from the Lords Committees for Privileges, "That their Lordships (to whom was referred the Lord Bishop of St. Asaph's Petition) have heard Counsel, as well for the said Lord Bishop, as for Thomas Price, Henry Mostyn, Richard Greene, William Wynne, Peter Price, and Edward Price, complained of in the said Petition; who are of Opinion, That the Lord Bishop of St. Asaph's Privilege hath been broken by Mr. Thomas Price, by his bringing an Ejectment against Mr. Wynne Rector of Llanwillyn."

To which the House agreed; and ordered as follows:

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Thomas Price be, and is hereby, required to attend this House Tomorrow, at Ten of the Clock in the Forenoon."

Lords Spiritual in Chancery, Method of answering.

The House being informed, "That there is an Order made in the Court of Chancery, in the Time of the late Lord Chancellor Jeffryes, wherein it is ordered, that the Answers of Spiritual Lords shall be taken upon Oath, and not upon Honour:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all the Masters in Chancery do search the Books and Records of that Court, to see if there be any such Order entered there; and report to the House with all convenient Speed.

Cox's Complaint against Middleton.

Mr. Cox being brought to the Bar, and examined, and Mr. Vise also, upon Oath, concerning Mrs. Winefred Midleton's being transported, and Mrs. Clarke's refusing to obey the Order of this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mrs. Winefred Midleton and Mrs. Margaret Clarke be, and are hereby, required to attend this House To-morrow, at Ten of the Clock in the Forenoon; and hereof they may not fail, as the contrary will be answered to this House.

Sir Adam Blaire and his Bail discharged.

Upon reading the Petition of Sir Adam Blaire; shewing, "That he being, by Order of this House, in April last admitted, to Bail, has ever since, in all dutiful Obedience, according to his Recognizance, attended the Pleasure of this House, and praying to be discharged and his Bail;" and whereas the said Sir Adam Blaire Knight, James St. Amond, and John Ashton, of St. Paule's Covent Guarden, Gentlemen, who entered into a Recognizance the 7th Day of April 1690, to our Sovereign Lord and Lady King William and Queen Mary, Sir Adam Blaire in Five Thousand Pounds, and James St. Amond and John Ashton in Two Thousand Five Hundred Pounds each, "That if the said Sir Adam Blaire shall appear before this House at all Times when he shall be so ordered, by leaving an Order of this House at Mr. James St. Amond's House next The Piazzo, in Russell Streete, in Covent Garden, then this Recognizance to be void:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Adam Blaire, James St. Almond, and John Ashton be, and they are hereby, discharged from their said Recognizance and Bail; and this shall be a sufficient Warrant on that Behalf.

Count. of Burlington's Petion, claiming the Barony of Clifford.

"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

"The humble Petition of Eliz. Countess of Burlington & Corke, sole Daughter and Heir to Henry late Earl of Cumberland and Lord Clifford deceased;

"Sheweth,

"That your Petitioner being informed, that Thomas Earl of Thanet, as Cousin and next Heir to George Earl of Cumberland, hath petitioned His Majesty to declare, that the Dignity and Title of Lord Clifford, as of Right, belongs to him, by descending from his Ancestors George Earl of Cumberland, and his Grandmother the Countess of Dorsett & Pembrooke, thereby intending to divest your Petitioner of the Inheritance of that Barony, which descended to her from her said Father, and Grandfather Francis Earl of Cumberland, who, after the Death of George, entered to the Earldom and those Baronies; and your Petitioner's Father was stiled Henry Lord Clifford (as is usual for the Eldest Son of an Earl in such Cases), and was so by King James called, in an Award He made under His Great Seal. Afterwards, King Charles the First, in the 3d Year of His Reign, summoned the said Henry to Parliament, and was brought into the House in his Robes in the Manner accustomed, and delivered his Writ to the Lord Keeper; which being read by the Clerk, he was placed next above the Baron of Abergavenny, the ancient Seat belonging to the Barony of Clifford: Some Time after, the Countess of Dorsett, Grandmother to the Earl of Thanet, under whom he claims, petitioned the House of Lords concerning that Title; and a Day being appointed by the Lords, the next Session, it was ordered that the Committee for Privileges should hear the said Countess's Claim, as also the Lord Peirce's and Abergavenny's, touching Precedency; but, the 19th of February following, the Committee was appointed by the House to determine the Precedency of the Two Baronies, but not to meddle with the other Matter referred to them relating to that of Clifford. Soon after, the Parliament was dissolved, and nothing was ever since heard of her Petition; but my Lord Clifford, your Petitioner's Father, enjoyed the said Barony, without any Interruption, all the Life-time of his Father, being called ever after to the Parliaments under that Title; and dying so possessed, the Inheritance of the said Barony descended to, and remains in, your Petitioner, as she conceives.

"Your Petitioner therefore prays, that she may have allowed by your Lordships a reasonable Time to make good the Allegations of this Petition.

"And she shall pray, &c.

"E. Burlington Corke."

L. Ferrers & al. versus Ly. Ferrers & al.

Upon hearing Counsel this Day at the Bar, upon the Petition and Appeal of the Honourable Robert Sherley Esquire, and Anne his Wife Grandchild and Heir of John Ferrers Esquire, deceased, against an Order in the High Court of Chancery lately made, in a Cause there depending, between the said Appellants and the Right Honourable Robert Lord Ferrers Plaintiffs, against Dame Elizabeth Ferrers, Nicholas Parker, Lettice Stanhope, and Anne Stanhope Defendants, made the 17th of November Instant, the Petitioner humbly conceiving the said Order to be erroneous; as also upon hearing Counsel upon the Answer of Dame Elizabeth Ferrers, the Honourable Lettice Stanhope, Anne Stanhope, and Nicholas Parker, put in thereunto:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Order made in the Court of Chancery, from which the said Robert Sherley and Anne his Wife and the Right Honourable Robert Lord Ferrers appealed to this House, be, and is hereby, reversed; and that the Decree formerly made in this Cause in the Court of Chancery, against which the said Respondents petitioned for a Re-hearing, which was had before the now Lords Commissioners of the Great Seal, be, and is hereby, affirmed.

Cudmore versus Lacy.

The House being this Day moved, "That a Day may be appointed for hearing the Errors argued upon the Writ of Error brought into this House, wherein Thomas Cudmore is Plaintiff, and Thomas Lacey Defendant:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued, by Counsel on both Sides, at the Bar, on Saturday the 13th Day of this Instant December, at Ten of the Clock in the Forenoon.

Hartstongue versus Lloyd.

ORDERED, That the Cause which was appointed to be heard this Day, wherein Sir Standish Hartstongue is Plaintiff, and Lewis Lloyd Defendant, shall be heard To-morrow, at Ten of the Clock in the Forenoon, the First Business.

Written and Printed Protections vacating.

Upon reading this Day the several Protections entered in the Parliament Office:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That his Grace the Duke of Bolton, the Lord Marquis of Hallifax, the Earl of Shrewsbury, the Earl of Bridgewater, the Earl of Mulgrave, the Earl of Fauconberge, the Lord Viscount Weymouth, and the Lord Ferrers, or any Three of them, do meet, at Five of the Clock this Afternoon, in the Speaker's Chamber; and draw an Order for the vacating and adnulling all Written or Printed Protections for the future, and for publishing and printing the same; that all Persons may take Notice thereof, and report to the House.

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, (videlicet,) 3^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us, this 15th of December, 1690.

J. Bridgewater.
Herbert.
Culpeper.