DIE Veneris, 30 Octobris.
Domini tam Spirituales quam Temporales præsentes
Joh'es Sommers Miles,
Ds. Custos Magni Sigilli.
Dux Leeds, Ds. Præses.
Ds. Berkeley B.
Ds. Howard Esc.
Ds. Berkeley Str.
Ds. Herbert Ch.
E. of Montagu versus E. of Bath, for Waiver of Privilege.
Upon reading the Petition of the Right Honourable
Ralph Earl of Montagu; shewing, "That the Right
Honourable John Earl of Bathe and the Petitioner,
on the Eight and Twentieth Day of November, One
Thousand Six Hundred Ninety-three, did, under their
Hands, declare and agree, That they, and each of
them, would at all Times hereafter, and in all Courts,
Causes, and Places, wave their Privilege, for themselves and their Servants, touching any Matters in
Question then depending, or thereafter to depend,
relating to the Estate Real or Personal of the late
Duke of Albemarle: That there have been several
Actions brought by the said Earl of Bathe against the
Petitioner or his Tenants, and also by the Petitioner
against the said Earl of Bathe or his Tenants, for several Lands which were formerly the late Duke of
Albemarle's; and particularly One of the said Causes,
wherein Robert Richards, One of the Tenants to the
Earl of Bathe, was Plaintiff, and Henry Corneforth,
Bailiff to the Petitioner, Defendant, for a Distress
taken upon the Lands of the said late Duke, came
to be tried in His Majesty's Court of Common Pleas
in Trinity Terme last, where a Verdict was given for
the Defendant, against the Earl of Bathe's Tenant; and
the Petitioner expecting to go on to enter Judgement
for the Defendant, the Earl of Bathe (notwithstanding the above-cited Agreement) did insist upon Privilege; and praying that the Petitioner may be suffered to proceed, notwithstanding the same, in any
Cause or Causes to be brought by the Petitioner, relating to the Estate of the late Duke of Albemarle:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of
this Petition shall be, and is hereby, referred to the
Lords Committees for Privileges; who are to meet Tomorrow, at Ten of the Clock in the Forenoon, in the
House of Peers; and to hear all Persons concerned
therein; and report to the House.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
(videlicet,) secundum diem Novembris jam prox. futur.
hora decima Aurora, Dominis sic decernentibus.