House of Lords Journal Volume 15: 29 December 1692

DIE Jovis, 29 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Fearnely and Whittingham discharged.

The House being this Day informed, "That Thomas Fearnly and John Whittingham, now in the Custody of the Gentleman Usher of the Black Rod attending this House, for a Breach of Privilege committed by them against the Right Honourable the Earl of Thannet, a Peer of this Realm, have humbly submitted to the said Earl and this House;" and the said Earl moving, "That they may be discharged:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Fearnely and John Whittingham shall be, and are hereby, discharged (paying their Fees); and this shall be a sufficient Warrant on that Behalf.

To Sir Thomas Duppa, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.

Hurt versus Eyre and Attorney General of the Dutchy.

The House being this Day moved, "That a Day may be appointed for hearing of the Cause wherein Nicholas Hurt and Elizabeth his Wife are Appellants, and Edward Northy Esquire Attorney General to Their Majesties of the Dutchy of Lancaster and Thomas Eyre are Respondents:"

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 Thursday the Twelfth Day of January next, at Ten of the Clock in the Forenoon.

River Neene navigable, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making the River Neene, in the County of North'ton, navigable from Peterborough to Oundle in the said County of North'ton."

Seymour's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better Assurance of the Manor of Woodlands and Hundred of Knolton unto Edward Seymour Esquire."

Old Governors of Birmingham School versus Hicks and other Governors.

The House being this Day moved, "That a Day may be appointed for hearing of the Cause wherein the old Governors of the Free Grammar School in Bermingham, in the County of Warwick, of the Foundation of Edw'd the Sixth, are Appellants, and the major Number of the old Governors of the Freeschool in Bermingham aforesaid, and of John Hicks elected chief School-master of the said School, are Respondents:"

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 Friday the Thirteenth Day of January next, at Ten of the Clock in the Forenoon.

Report concerning Free Conferences with H. C. and whether any have been desired with H. C. wherein the House hath not disagreed with them.

The Earl of Mulgrave reported from the Lords Committees appointed to inspect the Journals, in relation to Free Conferences; and particularly whether there have been any desired with the Commons wherein the House hath not disagreed with them:

"That the Committee had found some Precedents, which were read out of the Journals, as followeth; (videlicet),

"9° August. 1660. A Message from the Commons, for a Conference touching Business of great Importance; which was had, and reported the same Day.

"13° August. 1660. A Message to the Commons for a Free Conference, concerning the Subject-matter of the late Conference; which was had the same Day.

"31° August. 1660. A Message from His Majesty concerning a Recess.

"Eodem Die. A Conference was had with the Commons, at the Desire of the Lords, upon the said Message.

"1° Septembr. 1660. A Free Conference was had, at the Desire of the Commons, upon the Matter of the said Conference.

"29° Julii, 1661. A Conference was had, at the Desire of the Commons, concerning the Bill for Highways.

"30° Julii, 1661. A Free Conference was had on the same Bill, at the Desire of the Lords: And afterwards, on the same Day, a Conference was had, at the Desire of the Commons."

And, after Debate thereupon, the Committee following was appointed.

Vote delivered from H. C. at the Conference, approving Admiral Russel's Conduct, Committee to consider if according to usual Proceedings.

Lords Committees appointed to inspect the Journals of this House for Precedents, whether the Resolution of the House of Commons, delivered to this House at a Conference the 21th Instant, is according to the usual Proceedings in Parliament, and to consider of Heads of what shall be offered at a Free Conference with the House of Commons, and report to the House.

Their Lordships, or any Three of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Messages from H. C. with a Bill; and to return Eyre's.

A Message from the House of Commons, by Francis Gwynn Esquire and others:

Who brought up a Bill, intituled, "An Act to enable Alexander Popham Esquire to settle a Jointure upon his Wife, and to make Provision for Younger Children, upon Receipt of Twelve Thousand Pounds Portion, to be applied for Payment of his Debts;" to which their Lordships Concurrence is desired.

A Message was brought from the House of Commons, by Sir Edward Hussey and others:

Who returned the Bill, intituled, "An Act for the Sale of the Estate of Antony Eyre Esquire, deceased, for Payment of his Debts, and Portions for his Children;" to which they have agreed, without any Amendment.

D. of Norfolk, Divorce Bill.

Whereas this Day was appointed for the House to consider, whether the Bill which hath been offered to this House, on the Behalf of the Duke of Norfolke, for dissolving of the Marriage between the said Duke and his Dutchess, should be received or not:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Record of the Court of King's Bench, wherein Judgement is entered for his Grace the Duke of Norfolke, against John Germaine, shall be brought into this House on Saturday next, at Twelve of the Clock; and that the Lord Chief Justice of that Court do then attend; and Counsel also to be ready to be heard, if the House shall then think fit.

Free Proceedings in Parliament, Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, at Eleven of the Clock in the Forenoon, the Bill, intituled, "An Act concerning free and impartial Proceedings in Parliament," shall be read the second Time; and all the Lords to be summoned then to attend.

Adjourn.

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