Journal of the House of Lords: Volume 17, 1701-1705. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, 29 Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Stribblehill versus Brett & al.
Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Frances Stribblehill, Widow and Administratrix of John Stribblehill Gentleman, deceased, against an Order made in the Court of Chancery, the Thirteenth Day of November last, in a certain Cause depending in the said Court, between the said Frances Strebblehill Complainant, and Henry Brett Esquire, Richard Brett Gentleman, the Right Honourable Thomas Lord Viscount Weymouth, Jane Thynne Widow and Executrix of the last Will and Testament of John Thynne Esquire, deceased, and Charles Draper Gentleman, Defendants; as also upon the Answer of the said Henry Brett and Richard Brett put in to the said Petition:
After due Consideration had of what was offered thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order of Decree of Dismission of the Court of Chancery, made the Thirteenth Day of November last, and the several other Orders and Matters in the said Petition and Appeal complained of, shall be, and are hereby, reversed: And it is hereby further ORDERED, That the Indenture of Lease, made by Thomas Thynne Esquire, deceased, to Richard Brett Esquire, also deceased, in the said Petition and Appeal mentioned, bearing Date the Eight and Twentieth Day of January One Thousand Six Hundred Eighty-one, shall be, and is hereby, vacated, annulled, and made void, to all Intents and Purposes whatsoever; and that the said Henry Brett and Richard Brett do forthwith deliver the same up to the Petitioner Frances Stribblehill, to be canceled: And it is hereby further ORDERED, That the said Respondents Henry Brett and Richard Brett do deliver Possession of the Leasehold Premises; and that the several Tenants of the said Premises do pay the Rents to the Petitioner.
Papers delivered, concerning the Scotch Conspiracy
The Earl of Nottingham acquainted this House, That the Queen commanded him to lay before your Lordships these Papers, which contain all the Matters hitherto discovered of the Conspiracy in Scotland: But there is One Thing which, I am also commanded to let your Lordships know, is not yet proper to be communicated to the House, because the making it public may prevent a further Discovery of Matters of greater Importance than what these Papers contain; but that your Lordships shall be acquainted with this also, so soon as it can be done without Prejudice to the Public Service."
Which Papers, being delivered, were, according to Order, sealed up at the Table, with the Lord Keeper's Seal.
Then the House agreed, that the Address following should be made to Her Majesty, for the rest of the Papers relating to the Scotch Conspiracy.
Which is as followeth; (videlicet,)
1. Address for the rest of the Papers relating to it.
"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be made to Her Majesty, from this House, to acquaint Her Majesty, That they have, by Her Majesty's Order, received some Papers relating to the Scotch Plot; but being at the same Time informed, by Your Majesty's Direction, that there is some other Matter not yet laid before this House, they humbly desire Her Majesty, that the whole Matter, and all Papers relating thereunto, may be laid before them with all convenient Dispatch, that this House may not want an Opportunity, before the End of this Session, of inquiring into and discovering the wicked Designs and Conspiracies of Her Enemies."
Then it was proposed, "To have an Account why Boucher was not prosecuted."
After hearing Mr. Attorney General in relation to that Matter, the House agreed to the Address following; (videlicet,)
2. Address, complaining of the Remissness of Boucher's Prosecution.
"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be made to Her Majesty, to acquaint Her Majesty, That, notwithstanding the Application of this House to Her Majesty for the immediate Prosecution of Boucher, and Her Majesty's Directions given therein accordingly, they are highly concerned to find there has been such Remissness and Neglect in the said Prosecution."
ORDERED, That the Lords with White Staves do humbly attend Her Majesty, with the Addresses agreed to this Day by the House.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tricesimum primum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.