House of Lords Journal Volume 14: 19 December 1691

DIE Sabbati, 19 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Burton versus Muschamp.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Phillip Burton Gentleman, against an Order made the Seventeenth Day of December, One Thousand Six Hundred and Ninety, and Orders in the Court of Chancery, in certain Causes depending in the said Court, between Henry Muschamp Complainant and the Petitioner Defendant, and the Petitioner Complainant and the said Henry Muschamp Defendant; as also upon the Answer of the said Henry Muschampe put in to the said Petition:

After due Consideration had of what was offered, by Counsel on either Side, upon the said Petition and Appeal, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Order of the Court of Chancery, made the Seventeenth Day of December, One Thousand Six Hundred and Ninety, complained of in the Petition and Appeal of Phillip Burton, and subsequent Orders, shall be, and are hereby, set aside and discharged.

Johnson versus Bromhall.

Upon reading the Petition of Henry Johnson; shewing, "That the Commissioners of the Great Seal made Two Decrees touching the Office of the Warden of The Fleete Prison, on the Fourth of February last, in a Cause wherein the Petitioner was Plaintiff, and Thomas Bromhall Defendant; the other in July last, wherein Bromhall was Plaintiff, the Petitioner and Richard Manlove and others Defendants; and Bromhall having appealed to this House against some Points of the said Decrees, and to the said Appeal, hath made the said Richard Manlove only a Party, without giving the Petitioner any Notice thereof; and praying, that what Order shall be made by this House may no ways prejudice the said Decrees in Chancery, touching the Petitioner's Interest in the Premises:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Bromhall may have a Copy of this Petition.

Players Suspension taken off.

Upon reading the Petition of Alexander Davenant, Richard Middlemore, and Andrew Card, Sharers and Adventurers in the Playhouse; shewing, "That they are very sorry to have fallen under the Displeasure of this House, through the Miscarriage lately happened at the Theatre; and praying, that the Suspension that is at present upon the Theatre and the Petitioners may be taken off:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chamberlain of Their Majesties Household be, and is hereby, desired immediately to take off the Suspension the Players now lie under.

L. Digby & al. Governors of Birmingham School versus Parker & al.

Upon reading the Petition of the Right Honourable William Lord Digby, Sir Charles Holt Baronet, Sir Henry Gough Knight, on Behalf of themselves and the rest of the Governors of the Royal Free Grammar School of Brimegham, in the County of Warwick; shewing, "That Samuel Parker Barrister at Law and others have appealed to this House, from a Decree made in Chancery, for settling the charitable Use and Government of that School to which they have answered; and praying a Day of hearing the said Appeal, and that the Appellants may enter into Recognizance, according to the Rules of this House:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Saturday the Ninth Day of January next, at Ten of the Clock in the Forenoon; and that, in the mean Time, the Appellants do enter into Recognizance, according to the Rules of this House.

Billingsley versus Ly. Shore.

The House was this Day moved, "That Lewis Billingsley might have further Time to answer to the Petition of Dame Shores, he being beyond the Seas, and hath now Leave to come over:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lewis Billingsley hath hereby Time given him for answering thereunto, until Monday the Eight and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon.

Prize Bay Salt for the Navy, Bill.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act for preserving Two Ships Lading of Bay Salt, taken as Prize, for the Use of Their Majesties Navy," shall be reported on Monday next.

Public Accompts.

The House was adjourned during Pleasure, and put into a Committee, upon the Book of Accompts, and Observations thereof, sent from the Commissioners appointed by a late Act of Parliament for taking the Public Accompts of the Kingdom.

And the Commissioners Secretary delivered at the Bar a Paper, pursuant to an Order made Yesterday.

After some Time spent therein, the House was resumed.

And the Earl of Fauconberge reported, "That the Committee had considered Two Heads more of the Observations; and had agreed upon an Address to be presented to His Majesty, and some Queries to the Commissioners of Accompts; to which the Committee desired the Concurrence of the House."

Then the Address was read, and agreed to by the House, as followeth:

Address for an Accompt of Tallies struck.

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do humbly address to His Majesty, from this House, That He will be graciously pleased to give Order to the Lords Commissioners of the Treasury, to give an Account, in Writing, of what Tallies were struck from the Twentieth of March One Thousand Six Hundred Eighty-nine to Michaelmas following, with a particular Account of what Loans were made within the said Time."

Then the Queries following to the Commissioners were read, and agreed to by the House.

Questions to the Commissioners for Public Accompts.

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners appointed by a late Act of Parliament to take the Public Accompts of the Kingdom do send to this House an Account, in Writing, on Tuesday next, at Eleven of the Clock in the Forenoon, of what Tallies they find of Pro or Anticipation have been struck upon any Part of the Revenue, contrary to the Directions of the respective Acts that gave such Monies; and particularly whether any such Tallies have been struck upon the Act, intituled, "An Act for granting an Aid to Their Majesties of Sixteen Hundred Fifty-one Thousand and Seven Hundred and Two Pounds, Eighteen Shillings," contrary to the Directions of the said Act, and whether the Residue of the Six Hundred Thousand Pounds was not paid to the Dutch by Advance, and the Interest thereof placed to the King's Accompt, as well as for the Hundred and Fifty Thousand Pounds was according to the Fifth Article in your Observations."

Against adhering to Their Majesties Enemies, Bill.

ORDERED, That the House shall be in a Committee on the Bill, intituled, "An Act against adhering to Their Majesties Enemies."

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 21^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.