House of Lords Journal Volume 14: 9 December 1691

DIE Mercurii, 9 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Gay versus Beaple.

Upon hearing Counsel this Day, at the Bar, upon the Petition of Martha Gay Widow, being an Appeal from several Orders of the Court of Chancery, made on the Behalf of Thomas Beaple; as also Counsel for the said Thomas Beaple, upon his Answer put in thereunto; the Counsel on both Sides agreeing that mutual Security shall be given, to abide such final Orders and Decree as shall be made in the Court of Chancery in this Cause, pursuant to the Judgement of this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Martha Gay and Thomas Beaple shall forthwith mutually give good Security in the Court of Chancery for the Purpose aforesaid; and that the Court of Chancery do order the same to be done accordingly.

Orphans of London, Court of Inquiry, Bill.

After hearing Counsel this Day, at the Bar, for the Lord Mayor and Court of Aldermen of the City of London, upon their Petition against the Bill, intituled, "An Act for erecting a Court of Inquiry, in order to the Relief of the distressed Orphans of the City of London;" as also Counsel for the said Orphans:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Committee, to whom the said Bill was referred, shall be, and is hereby, revived; to meet on Friday next, at Nine of the Clock in the Forenoon.

Swinock versus Sutton.

Upon Report from the Lords Committees for Petitions, the Petition of Samuell Swinock, being an Appeal from a Decree made in the Court of Exchequer, on the Nine and Twentieth Day of June last, in a Cause wherein the Petitioner, Nicholas Dupeyn and Richard Sprigg were Defendants, and William Sutton was Plaintiff, as fit to be heard at the Bar of this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Sutton may have a Copy of the said Petition; and be, and is hereby, required to put in his Answer thereunto on Saturday the Nineteenth Day of this Instant December, at Ten of the Clock in the Forenoon.

Verdon versus Cooke.

Upon Report from the Lords Committees for Petitions, the Petition of Sarah Verdon Widow, and James Verdon an Infant, being an Appeal from a Decree made in the Court of Chancery, 31° Januarii, 34° Car. Secundi, whereby the said Court have decreed an Estate to Roger Cooke and Anthony Frecrston, which was purchased by the Appellant Sarah's Husband, without re-hearing the Appellant, or directing a Trial at Law, when the Matter was properly to be tried there, as fit to be heard at the Bar of this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Roger Cooke and Anthony Freerston may have a Copy of the said Petition; and be, and they are hereby, required to put in their Answer or respective Answers thereunto, in Writing, on Saturday the Nineteenth Day of this Instant December, at Ten of the Clock in the Forenoon.

Penyston versus Ly. Reade.

Upon Report from the Lords Committees for Petitions, the Petition of Sir Fairmedow Penyston, being an Appeal from a Decree made in the Court of Chancery, by the Lords Commissioners of the Great Seal of England, on the Two and Twentieth of July last, whereby the Petitioner is decreed to account for and pay back to Dame Mary Readc Eight Hundred and Eleven Pounds, Nine Shillings, and Three Pence, which had been paid to him in Part of a Debt of One Thousand Pounds due to him from the said Dame Mary Reade, as fit to be heard at the Bar of this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Dame Mary Reade may have a Copy of the said Petition and Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on Saturday the Nineteenth Day of this Instant December, at Ten of the Clock in the Forenoon.

Swayne versus Jones.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of William Swayne Esquire, from a Decree of the Court of Chancery, in Two Causes; one, wherein Richard Jones was Plaintiff, and the Petitioner Defendant; the other, wherein the Petitioner is Plaintiff, and the said Richard Jones and William Bray are Defendants; as also upon the Answer of Richard Jones and William Bray 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 William Swayne Esquire shall be, and is hereby, dismissed this House; and that the Decree made on the Behalf of Richard Jones and William Bray, from which he appealed to this House, shall be, and is hereby, affirmed.

ORDERED, That Pember and Smith's Committee is revived, To-morrow, Nine of the Clock.

Albury and North Mims, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enfranchising several Copyhold Lands and Tenements, holden of the Manor of Albury and North Myms, in the County of Hertford."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Robert Legard and Mr. Keck:

To carry down the said Bill, and desire their Concurrence thereunto.

Chancery, Bills of Review, Bill.

ORDERED, That the Bill for Reviews in Chancery shall be reported from the Committee To-morrow, at Twelve of the Clock; and all the Lords to be summoned then to attend.

Late E. of Salisbury's Debts, Legacies, &c. for Payment of, Bill.

The Lord Viscount Weymouth reported from the Committee, a Bill, intituled, "An Act for the better securing the Portions, Debts, and Legacies, given and owing by James late Earl of Salisbury," as fit to be received by the House.

To which the House agreed.

It is ORDERED, the Bill to be read To-morrow, at Ten of the Clock in the Forenoon.

Tithes of Hemp and Flax Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better ascertaining the Tithes of Hemp and Flax."

Martin's Bill.

The Lord Viscount Weymouth reported from the Committee, a Bill, intituled, "An Act for the Sale of the Manor of Manworthy, with the Appurtenances, in the County of Devon, being the Lands and Estate of Nicholas Martyne Esquire, by Trustees therein after named, for the Payment of the Debts of the said Nicholas Martyne," as fit to be received by the House.

To which the House agreed.

E. of Winchilsea's Bill.

Also the said Lord Viscount Weymouth reported another Bill, intituled, "An Act for enabling the Right Honourable Charles Earl of Winchelsea to settle a Jointure upon any Wife he shall marry during his Minority," as fit to be received by this House.

To which the House agreed.

ORDERED, That the Lord Bishop of Salisbury and Earl of Bath be added to the Lords Committees of Privileges, and the Committee for Petitions.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, (videlicet,) 10^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.