House of Lords Journal Volume 15: 20 February 1693

DIE Lunæ, 20 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dutchy of Cornwall, to enable Their Majesties to make Grants, &c. of, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Their Majesties to make Grants, Leases, and Copies of Offices, Lands and Hereditaments, Parcel of Their Dutchy of Cornwall, or annexed to the same; and for Confirmation of Leases already made."

ORDERED, That the Consideration of this Bill be 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; and to adjourn as they please.

Offices, against buying and selling, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain the Statutes against buying and selling Offices."

ORDERED, That this Bill be referred to the Committee abovesaid.

Declarations to Prisoners, for delivering, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for delivering Declarations to Prisoners."

ORDERED, That this Bill be referred to the Committee abovesaid.

Good Abearing on a Pardon for Felony, finding Sureties for, Bill to repeal the Act for.

Hodie 1^a vice lecta est Billa, intituled, "An Act to repeal the Statute made in the Tenth Year of King Edward the Third, for the finding of Sureties for the good Abearing, by him that hath a Pardon of Felony."

Castell versus Stephens.

Upon reading the Petition and Appeal of Richard Castell, from a Decree made in the Court of Chancery the Second Day of March, Quarto Jacobi Secundi, on the Behalf of Francis Stephens; and praying, "the Hearing of the Cause; and that the Enrolments complained of in the Petition may be laid open, and the Petitioner at Liberty to proceed on the Report therein mentioned:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Francis Stephens may have a Copy of the said Petition; and shall put in his Answer thereunto, in Writing, on Monday the Seven and Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon.

Pollard versus Hungerford.

Upon reading the Petition of Thomas Pollard, by Margaret Cave his Guardian; shewing, "That, pursuant to the Order of this House, of the Fifth Day of February, One Thousand Six Hundred Ninety-one, there hath been a Trial at Law as directed, on the Fourteenth Instant, in the King's Bench, and the Petitioners have a Verdict; and praying to have the Petition and Appeal dismissed with Costs, and the Chancery directed to allow the Petitioner the Money now appearing due, with Interest and Costs:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petitioners Marg't Cave and Thomas Pollard shall be heard by their Counsel, as also Counsel for Jane Hungerford the Appellant, in this House, on Thursday next, at Ten of the Clock in the Forenoon.

Causes appointed.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Causes following; videlicet, (Newton versus Ballet, Stydolfe versus Langhorne, Pollard versus Hungerford, Husbands versus Bigg, Baron versus Haward, Dashwood versus Champante, et è contra, and Lomax versus Lomax), shall be heard on Thursday next, at Nine of the Clock in the Forenoon.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Serjeant Blincoe and others:

Who brought up a Bill, intituled, "An Act to enable Thomas Goodwyn the Younger to sell Lands, for the Payment of Debts, and making Provision for his Wife and Children;" to which they desire the Concurrence of this House.

Lieutenancy of London, State of.

The Order being read, for considering the State of the Lieutenancy of the City of London this Day:

Upon the Delivery of a printed Paper at the Door to several Lords, it was moved, "That the Paper be read."

After Debate;

The Question was put, "Whether the House shall now proceed upon the Business appointed for the Day, before the Paper be read?"

It was Resolved in the Negative.

Then the Paper was read, as followeth; (videlicet,)

Printed Paper of the State of it.

"A List of the Commissioners of Lieutenancy of the City of London, as constituted in the Year 1690.

"This Mark * denotes the Commissioners (50 in Number) who were then added to the former Commission.

"At the Time when this Addition was made to the Lieutenancy, these under-named Persons of high Desert were left out of the Commission; videlicet,

"These 15 worthy Gentlemen, I am bold to say, are of more Weight, and greater Loyalty to Their Majesties, than the 50 who were added to the Commission (Sir Edw. Clark, Sir John Houblon, and a very few more excepted); and, to evince it, I take the Confidence to put down a few Instances of the soul Practices of some of them:

"1. Sir William Prichard usurped the Chair in 1682; he brow-beated the Common Council, because they would not surrender the City Charter; he brought an Action against Mr. Papillon, for only causing him to be arrested by the King's Writ, after his Refusal to give an Appearance to his just Action, and obtained. a Verdict for £.10,000 Damages, and thereby drove that highly-deserving Citizen into Exile.

"2. Sir James Smith, he being an Alderman of London, took Bail for Brent, who, just after the Revolution, was committed for High Treason: For this Offence, the House of Commons took Sir James into Custody; and, 28 Feb. 168 8/9, Their Majesties, by Proclamation, declared that Brent was unduly bailed, and promised £.200 for his Apprehension.

"Sir James wilfully neglected to take the Oath to Their Majesties, and thereby became incapacitated to hold the Place of an Alderman: Nevertheless, he is not only One of the Commissioners for the Lieutenancy, but Colonel of the Orange Regiment, though no Alderman.

"3. Sir Peter Rich, who, in Conjunction with Sir D. North, usurped the Sheriffalty in 1682, in order to the Murder of my Lord Russell, &c.

"4. Sir Jonathan Raymond (Colonel of the Green), upon the Evening of that Day wherein the Jury brought in their murdering Verdict upon my Lord Russell, he (at The King's Head Tavern, in Leadenhall-street) rejoiced that his Lordship was convicted, and highly commended the Jurymen that found him Guilty. He was for the Surrender of the Charter. At the Time of his Election into this present Parliament for Great Bedwin in Wiltshire, his Lady took Occasion to declare, in the Presence of a very worthy Gentleman, "That, in her Ladyship's Opinion, it was unjust to depose K. James." Whereupon his Worship openly declared, "That it was a very hard Case, and he did not understand how the Parliament could do it."

"[Sir Jonathan must not deny this.]

"5. Sir Benj. Thorowgood, One of the Lord Russell's Grand Jury; whereby he recommended himself to be made Sheriff, to pack a Jury, to murder Alderman Cornish.

"6. Sir Benj. Newland, One of the Riot Jury.

"7. Sir Tho. Fowles, One of Doctor Oates's Whipping Jury.

"8. Sir John Matthews, One of the Panel returned upon Mr. Cornish, and One of the Riot Jury.

"9. Sir William Russel, the First Man returned by Sir Benj. Thorowgood upon the Panel of Jurors upon Mr. Cornish.

"10. Sir James Ward, the First Man returned by North and Rich to pass upon my Lord Russel.

"11. Sir Tho. Vernon, One of the Panel returned upon Alderman Cornish, and One who served upon Sir Samuel Barnardiston's and Doctor Oates's Juries; he was brought in a Chair, to vote for the Surrender of the Charter.

"12. Thomas Langham, One of Alderman Cornish's and Mrs. Gaunt's Murdering Juries; One of Doctor Oates's Jury; One of Mr. Culliford's £.100,000 Jury; One returned to pass upon Mr. Hayes, but was challenged. He voted for the Surrender of the City Charter; and was One of those who, in 1682, drew up an Address to the King, to submit all the Privileges and Franchises of the City to the King's absolute Disposal, and went to Newmarket to lay the same at His Majesty's Feet (though, to be One of the Lieutenancy, his Neighbours thought not fit to elect him a Common Council-man at Christmas last).

"13. Percival Gilburne, One of the Grand Jury which found the Indictment against my Lord Russel; Foreman of Mr. Cornish's and Mrs. Gaunt's Grand Jury; One of the Riot Jury, of Sir Sam'l Barnardiston's Jury, of Mr. Culliford's £.100,000 Jury; and who voted for surrendering the City Charter. (He is deservedly thrown out of the Common Council.)

"14. John Kent, One returned to pass upon Mr. Cornish and Mrs. Gaunt; One of Doctor Oates's Jury; and who voted for Surrender of the Charter.

"15. Richard Alay, Foreman of my Lord Russel's Grand Jury; One returned to pass upon Mr. Cornish and Mr. Gaunt; Foreman of Mr. Charles Bateman's Jury; One of Doctor Oates's Jury; One who voted for Surrender of the Charter.

"16. John Midgley, One returned to pass upon Mr. Cornish and Mrs. Gaunt; and One of Doctor Oates's Jury (his Neighbours knew him too well to let him stand a Common Council-man).

"17. William Withers, One of my Lord Russel's Grand Jury; One returned to pass upon Mr. Cornish and Mrs. Gaunt; One of Mr. Culliford's £.100,000 Jury, &c. (He is thrown out of the Common Council.)

"18. Richard Hoare, One returned to pass upon my Lord Russell, Mr. Cornish, and Mrs. Gaunt. (Hath within Two Years been Twice rejected with Ignominy, when put up for a Common Council-man.)

"19. Robert Bedingfield, One returned to pass upon my Lord Russel, Mr. Cornish, and Mrs. Gaunt; One of Doctor Oates's Jury; and One who voted for Surrender of the Charter, &c. In an insolent Manner, bid Sir Christopher Leithelier, Sheriff of London in the Year 1690, (in the Execution of his Office) kiss his A-.

"20. John Steventon, One returned to pass upon my Lord Russel, and also upon Mr. Hayes (but challenged); he voted for Surrender of the Charter, &c.

"21. Peter Floyer, One returned to pass upon my Lord Russel; One of Mr. Bateman's Jury.

"22. John Jenew, One returned to pass upon my Lord Russel, Mr. Cornish, and Mrs. Gaunt; and One of Mr. Culliford's £. 100,000 Jury: He, the next Day after the Committee of the Commons had declared Sir John Moor a Betrayer of the City Rights, impudently demanded a Poll for him for Lord Mayor, though upon a Poll he lost it by above 1000 Votes.

"23. Adrian Quiney, that insolent Lieutenant Colonel, who brought up a Company of the Trained Bands into Guildhall, and violently thrust away Sir Rob't Clayton, Sir John Lawrence, Sir Patience Ward, and Three other Aldermen, from the Hustings in Guildhall, when Sir John Moore, in a most arbitrary Manner, constituted North and Rich Sheriffs.

"24. Roger Norton; he refuses to take the Oath to Their Majesties.

"25. Tho. Colson, the only Man in London that put on Mourning for the Death of Jeffreys.

"Time allows me not to discourse of any more of the Commissioners; but many of them (especially of those new ones afore-mentioned) are Birds of the same Feather; and it may be truly said, Noscuntur è Sociis.

"This new-modeled Commission being sent into the City, the Commissioners were assembled at my Lord Mayor Sir Tho. Pilkington's House, where they instantly sat themselves to unsettle the Militia; and, by Dint of Vote, they turn my Lord Mayor out of the Room; when they put the Questions; and then voted his Lordship out of the Command of the White Regiment, and gave it to Sir William Prichard; they gave Sir Tho. Lane's Red Regiment to Sir Tho. Kensey; and that of the Blue, which Sir Patient Ward then had, to Sir Peter Rich; they turned out Sir William Ashurst, and gave the Green Regiment to Sir Jonathan Raymond; and Sir James Smith (though no Alderman) took Sir Robert Clayton's Orange Regiment. Indeed they were graciously pleased to let Sir Thomas Stamp have the Yellow Regiment; but with the Indignity of denying him his Lieutenant Colonel Willet, Major Hutchinson, and others of his valuable Officers, known Friends to the Government.

"These new Commissioners, at the Time when the French were upon the Coast, and the Auxiliaries were to be raised, nominated those very Persons to command them whom King James had intrusted, and who were his fast Friends.

"And though, by their idle and weak Effort, they could not advance Sir Peter Daniel to the Chair at Michaelmas last; they found themselves strong enough to give him the Blue Regiment, in Opposition to Sir John Fleet now Lord Mayor.

"FINIS."

Then this Question was put, "Whether this Paper is an insolent Paper?"

It was Resolved in the Affirmative.

Wilmer, who delivered this Paper, to be attached.

Upon Oath made at the Bar, "That Wilmer delivered at the Door of this House an insolent Paper, intituled, "A List of the Commissioners of Lieutenancy of the City of London, as constituted in the Year 1690:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Wilmer, and bring him in safe Custody to the Bar of this House To-morrow, at Ten of the Clock in the Forenoon, to answer for his Offence; and this shall be a sufficient Warrant on that Behalf.

To Sir Thomas Duppa, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them; and to all Mayors, Sheriffs, Bailiffs, Constables, and other Their Majesties Officers, to be aiding and assisting in the Execution hereof.

Ditcher versus Finch.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Nicholas Ditcher and Elizabeth his Wife, Lewis Newnham Esquire, Eldest Son and Heir of John Newnham deceased, and John Newnham Second Son and Executor of the last Will and Testament of the said John Newnham deceased, from Two several Decrees made in Chancery, One of them the Eighth Day of June in the Second Year of the Reign of the late King James the Second, in a Cause there depending, between John Finch an Insant by his Guardian Plaintiff, and the said Nicholas Ditcher and Elizabeth his Wife, and John Cooper deceased, Defendants; and the other, the Sixth Day of February, in the Second Year of the Reign of Their present Majesties, between the said John Finch Plaintiff, and the said Nicholas Ditcher and Elizabeth his Wife, the said John Newnham deceased, William Prior, and others, Defendants; as also upon the Answer of John Finch put in thereunto:

After due Consideration had of what was offered by Counsel thereupon, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it shall be referred to a Trial at Law, the next Summer Assizes to be held for the County of Sussex, upon a feigned Issue, whether the Will in Question was revoked, or not; and that the Depositions taken in Chancery of such Persons as are dead, may be made Use of at the said Trial.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) 21^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.