House of Lords Journal Volume 16: 6 May 1701

DIE Martis, 6 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Papers relating to Plantations

This Day Four Papers were brought in, from the Admiralty, pursuant to an Order of the Third Instant:

1. "A Letter from Mr. Quarry, dated from Pensilvania, the Twentieth of October, 1699; with an inclosed Paper, containing an Address of the Inhabitants of Newcastle to the Governor and Council of Pensilvania, and other Matters."

2. "A Letter from Mr. Quarry, dated the Sixth of March, 1699°, with Two enclosed Papers; (videlicet,)

"Some Remarks on the Trade, &c.

"Copy of a Letter, signed Giles Shelley, and directed to Mr. Stephen Delaney, or, in his Absence, to Mr. John Barbary, Merchant, in New Yorke."

3. "A Letter from Mr. Quarry, of the Fourth of November, 1700, with Three Papers; (videlicet,)

"Copy of a Letter from Mr. Moor, to the Lords of the Admiralty.

"Copy of Mr. Penn's Commission for Mr. Farmer to be Water Bailiff of Philodelphia.

"Copy of the Petition of John Lundy, with the Decree of the Admiralty thereon."

4. "A Letter from Mr. Quarry, dated the Fourteenth of November 1700, with the Copy of Mr. Penn's Commission for Mr. Farmer to be Water Bailiss of Philadelphia."

Answer from H. C. about the impeached Lords.

The Messengers sent Yesterday to the House of Commons return Answer:

That the Articles against the Lords impeached are preparing; and, in a short Time, their House will send them up to the House of Lords.

D. of Ormond's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more speedy Payment of the Creditors of James late Duke of Ormonde and of the present Duke of Ormonde."

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

It was Resolved in the Affirmative.

Mews, to take the Name of St. John, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to change the Surname of Ellis Mews and his Heirs to the Surname of St. John."

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

It was Resolved in the Affirmative.

Message to H. C. with it, and the D. of Ormond's Bill.

A Message was sent to the House of Commons, by Sir Robert Legard and Sir Richard Holford:

To carry down the abovementioned Two Bills, and desire their Concurrence thereunto.

Farewell's Petition, rejected.

Upon reading the Petition of James Farewell, by George Lysons Esquire, Prochein Amie; praying the Hearing of his Appeal may be put off:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of James Farewell shall be, and is hereby, rejected.

Purchase versus Wilkinson, who claims Privilege from L. Hereford.

Upon reading the Petition of Samuel Purchase, an Orphan of the City of London; shewing (amongst other Things), "That one John Wilkinson insists upon a Protection of the Right Honourable the Lord Viscount Hereford, to the Ruin of the Petitioner; and praying Relief, the said Wilkinson being only a Trustee:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Samuel Purchase shall be, and is hereby, referred to the Lords Committees for Privileges, to hear Counsel for the Parties concerned, to this Point only, "Whether Wilkinson be a Trustee or not;" and report to the House.

Wilford & al. discharged.

This Day Richard Wilford, Charles Wapshott, and William Elderton, were brought to the Bar, in Custody of the Serjeant at Arms, for a Breach of Privilege committed by them against the Earl of Maclesfeld, a Peer of this Realm; where they acknowledged their Fault, and asked the Pardon of the House, and the Earl of Maclesfeld:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Wilford, Charles Wapshott, and William Elderton, shall be, and they are hereby, discharged, paying their Fees; and this shall be a sufficient Warrant on that Behalf:

To the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Vaughan and others:

Who brought up a Bill, intituled, "An Act to enable the Right Honourable Elizabeth Lady Bulkely to sell certain Lands, in the County of Devon, and City and County of the City of Exon, for the Payment of Debts;" to which they desire the Concurrence of this House.

Kirkby versus Ormsby.

Counsel being this Day heard, upon the Petition and Appeal of Temperance Kirkby Spinster, Executrix of the last Will and Testament of Dame Jane Ormsby, deceased, Relict of Sir Edward Ormsby, of the Kingdom of Ireland, deceased; as also upon the Answer of Gilbert Ormsby put in thereunto, upon this Point, "Whether the Court of Chancery in Ireland had proper Parties before them, whereby the Decree complained of in the Appeal was rightly founded; and whether Quinne, the Tenant of Ormsby, should not have been a Party, though the Depositions taken in the Cause were made Use of by Consent:"

Hereupon, the Counsel being withdrawn, it was agreed, and ORDERED, as followeth; (videlicet,)

The Lord Keeper, (by Order of the House,) the Counsel being called in again, told them, "That the Lords are under some Difficulty in this Matter; for, if the Appellant proceeds, you must make Use of the Depositions in Quinn's Cause, otherwise there is nothing to justify the Reversal of the Decree against the Appellant; and in case those Depositions are made Use of, being used in Ireland by Consent of the Appellant at the Hearing of this Cause, the Lords are in Doubt, whether that has not so united the Causes, as that you ought to have brought Quinn before the Lords, as well as the now Respondent Ormsby; whereupon the Lords are pleased to adjourn the further Consideration and Hearing of this Matter until the Fifteenth Instant."

Counsel being withdrawn:

It is ORDERED, That the further Consideration and Hearing, upon the Appeal of Temperance Kirkby, and the Answer of Gilbert Ormsby, shall be deferred until Thursday the Fifteenth Day of this Instant May, at Eleven a Clock.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) septimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.