House of Lords Journal Volume 14: 4 December 1690

DIE Jovis, 4 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir John Guise and others:

Who brought up a Bill, intituled, "An Act for punishing Officers and Soldiers who shall mutiny, or desert Their Majesties Service, and for punishing false Musters;" to which they desire their Lordships Concurrence.

Mutiny Bill.

Hodie 1^a vice lecta est Billa, "An Act for punishing Officers and. Soldiers who shall mutiny, or desert Their Majesties Service, and for punishing false Musters."

Message from H. C. to return the Bill for paving Streets, &c.

A Message was brought from the House of Commons, by Sir William Poullney and others:

To return the Bill, intituled, "An Act for paving and cleansing the Streets in the City of London and Westm. and Suburbs and Liberties thereof, and Out Parishes, in the County of Midd'x, and in the Borough of Southwarke, and other Places within the Weekly Bills of Mortality in the County of Surrey, and for regulating the Markets therein mentioned;" and to acquaint the House, they have agreed to the Amendments made in the said Bill.

Powle, Master of The Rolls, Petition, to be summoned as an Assistant to this House.

Upon reading the Petition of Henry Powle Esquire, Master of The Rolls; shewing, "That the Masters of The Rolls for the Time being have Time out of Mind been summoned to attend in Parliament, as Assistants to the House of Peers; and prays that, according to the Duty of his Place, the House will give Directions therein:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Privileges, to consider and examine the Claim of the Right of the Masters of The Rolls to sit as Assistants in this House; and to report to the House.

E. of Dorset versus Powle.

Upon reading the Petition of Henry Powle Esquire, Master of The Rolls; praying, "That he may have longer Time to answer to the Petition of the Right Honourable the Earl of Dorsett & Midd'x:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That he hath hereby Time given him for answering thereunto, until Saturday next, at Ten of the Clock in the Forenoon.

Sir J. Williamson and Ly. Obrien to be heard against L. Cornbury's Bill.

Upon reading the Petition of Sir Jos. Williamson Knight and the Right Honourable the Lady Katherine Obrien Baroness of Clifton his Wife; praying, "That they may be heard, before the Commitment of the Bill, intituled, "An Act to enable the Right Honourable Edward Lord Cornbury and the Lady Katherine his Wife to settle, sell, or otherwise dispose of, divers Manors, Lands, Tenements, and Hereditaments in the Counties of Lincolne and Kent:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Joseph Williamson and the Lady Obrian his Wife shall be heard, by their Counsel, as desired, To-morrow, at Ten of the Clock in the Forenoon.

Hudleston versus Mounsey & al. Tenants of Matterdale.

Upon hearing Counsel this Day at the Bar, upon the Petition of Andrew Hudleston Esquire, shewing, "That William Mounsey and Fifty-three others, as Tenants within the Vill of Matterdale, in the Barony of Graystocke, in the County of Cumberland, in Michaelmas Terme, 36° Car. 11^di, exhibited their English Bill, in the Court of Exchequer, against the Petitioner, as Lord of the Manor of Hutton John; complaining, that, at a Hearing, the First of July 1686, it was by that Court referred to a Trial at Law, whether all or any of the said Tenants of Matterdale have, or ought to have, Common of Pasture in the Moors or Wastes in the Petition mentioned, or any Part thereof, as also of the Judgement given upon the Issue, which he conceives to be erroneous;" as also upon hearing Counsel upon the Answer of William Mounsey, Richard Grisedale, Jos. Grisedale, Thomas Atkinson Junior, Thomas Atkinson Senior, Edward Grisedale Senior, Edward Grisedale Junior, Thomas Grisedale, Thomas Grisedale, John Pauley, William Greenhow, Robert Grisedale, John Benson, John Wilkinson, William Robinson, Michaell Grisedale, William Dockeray, Thomas Wilson, Thomas Wilson, Thomas Harrison, Thomas Hoggart, John Wilson, George Martin, John Harrison, John Neffeild, Thomas Wilson, Thomas Hodgson, William Wilkinson, Richard Wilkinson, John Dawson, Rich. Sutton, John Nithellson, John Robinson, Chamberlaine Dawson, John Mounsey, William Wilson, Robert Hudson, James Hudson, Agnes Gibson, Robert Rukin, John Brownrigg, Michaell Atkinson, John Greenhow, John Birkett, Thomas Brownrigg, William Robinson, Thomas Greenhow, John Gilbanck, Thomas Greenhow, John Gilbanck, John Greenbow, Thomas Greenhow, and John Coleman, 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 said Petition of Andrew Hudleston be, and is hereby, dismissed this House; and that the Decree made in the Court of Exchequer, from which he appealed to this House, be, and is hereby, affirmed.

Daniel versus Leigh.

Upon hearing Counsel this Day at the Bar, upon the Petition of John Daniell Esquire, being an Appeal from Three several Decrees made on the Tenth of February 1687, on the Twelfth of May 1690, and on the Fifteenth of July last past, in a Cause then depending in the Court of Exchequer, between one William Leigh and the Petitioner; as also upon hearing Counsel upon the Answer of the said William Leigh 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 said Petition and Appeal of the said John Daniell Esquire be, and is hereby, dismissed this House; and that the Decrees, made the Tenth of February 1687, and the Twelfth of May 1690, and the Fifteenth of July last, be, and they are hereby, affirmed.

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, (videlicet,) 5^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.