House of Lords Journal Volume 15: 15 January 1692

DIE Veneris, 15 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Phillips versus Phillips.

Upon reading the Petition of Elizabeth Phillips Spinster; praying a Day may be appointed for hearing of her Cause, to which Dame Marina Phillips is Defendant:

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 Eight and Twentieth Day of this Instant January, at Ten of the Clock in the Forenoon.

Fidler versus Ly. Hanham.

Upon reading the Petition of Thomas Fidler, praying a Day may be appointed for hearing of his Petition, to which the Lady Hanham is Defendant:

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 Fourth Day of February next, at Ten of the Clock in the Forenoon.

L. Villers'Bill.

The Earl of Bridgewater reported from the Committee, the Bill, intituled, "An Act for the vesting several Manors, Lands, and Rents, in the Counties of Lincolne, Berks, and Devon, in Trustees, to be sold, for the buying other Manors and Lands, to be settled for the same or the like Uses as those to be sold are now settled," with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Newton's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the settling the Manor and Lordship of King's Bromley, and other the Messuages, Lands, Tenements, and Hereditaments, of Barbary Newton Widow, Relict of Samuel Newton, late of the Island of Barbadocs, in America, deceased, and John Newton Esquire, Son and Heir of the said Samuell by the said Barbary."

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 John Hoskyns and Sir Robert Legard:

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

Shepheard versus Wilkins.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Samuell Sheppard, complaining of a Decretal Order made in the Court of Chancery, on the Behalf of Michaell Wilkins and others, whereby a new Trial should be had at the King's Bench Bar next Term in Midd'x, and a new Action to be brought, in the Name of Wilkins, on that single Point, "Whether the Freight was to be Three Pounds or Ten Pounds per Ton, or how much?" as also upon hearing Counsel upon the Answers of Michaell Wilkins, Samuell Stayner, John Morgan, Abell Ward, John Pettytt, and Richard Meriweather and Naomy his Wife, the Relict and Administratrix of Richard Laleward, deceased, put in thereunto:

After due Consideration had of what was offered by Counsel upon the said Petition and Answers, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decretal Order, made in the Court of Chancery, on the Behalf of the said Michaell Wilkins and others, from which the said Samuell Shepheard appealed, shall be, and is hereby, reversed.

Ld. Waldegrave's Bill.

A Message was brought from the House of Commons, by Sir Joseph Tredenham and others:

To return the Bill, intituled, "An Act to enable Trustees of the Right Honourable James Lord Waldegrave to make Leases, and grant Copyhold Estates, for the Payment of the Arrears of Annuities of Henry Lord Waldegrave his Father, deceased," with some Amendments; to which they desire their Lordships Concurrence.

Message from H. C. to return Smith's, Davile's, and Campian's Bills; and Sir T. Button's.

A Message was brought from the House of Commons, by Mr. Christy and others:

To return Three Bills; One, intituled, "An Act to enable Trustees to sell the Estate of Edward Smith Esquire, deceased, to raise Money for the Payment of his Debts, and to make Provision for his Children who are Infants;" to which they have agreed, without any Amendment.

As also the Bill, intituled, "An Act to enable William Davile to sell some Lands, for Payment of Debts;" and that they have agreed to the Lords Amendments of the said Bill.

As also the Bill, intituled, "An Act for the better enabling the Trustees and Executors of Richard Campian, deceased, to perform his Will;" to which they have agreed, with some Amendments; and desire their Lordships Concurrence thereunto.

A Message was brought from the House of Commons, by Mr. Carter and others:

To return the Bill, intituled, "An Act for the enabling of Sir Thomas Burton Baronet to sell Lands, for Payment of his Debts;" to which they have agreed, without any Amendment.

Ld. Morley's Petition, to be released.

The Petition of the Right Honourable Thomas Lord Morley & Mounteagle was read, as followeth:

"To the Right Honourable the Lords Spiritual and Temporal assembled in Parliament.

"The humble Petition of Thomas Lord Morley & Mounteagle;

"Sheweth,

"That your Petitioner hath been for some Time past, and still continues, a Prisoner in The Tower, by virtue of an Order of this most Honourable House; and as your Petitioner does humbly acquiesce in, and submit to your Lordships Pleasures therein, so he is sorry that he should in any Wise incur your Lordships Disfavour.

"May it therefore please your Lordships, to take your Petitioner's Case into your Consideration; and to let this Submission atone for what is past; and withal to order his Discharge from his Consinement, as soon as your Lordships in your great Wisdoms shall think fit.

"And your Petitioner shall pray, &c.

"Morley & Mounteagle."

D. of Grafton's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain Pieces or Parcels of Ground in the Parishes of St. James and St. Martin's in the Feilds, late the Estate of Henry Duke of Grafton, deceased, in Trustees, to be sold."

Dashwood versus Champante.

Upon reading the Petition and Appeal of Sir Robert Dashwood Knight and Baronet, Sir Samuell Dashwood Knight, John Perry and Edward Noell Esquires, surviving Executors of George Dashwood Esquire, deceased, in Trust for Minors, the younger Children of the said Testator Mr. Dashwood, "That the Petitioners submit to try the Point of Notice; humbly hoped the Court of Exchequer would have altered and enlarged the said Issue; and have made it, "Whether Sir John Champante had Notice, that the Testator Dashwood had assigned his Share and Interest in the Undertaking to Sir James Hayes; and if he had Notice, when he first had Notice thereof;" and praying the enlarging the Issue, in regard it is too strait, and, as they conceive unreasonable, and no Ways tends to the Point, "Whether Sir John Champante had Notice that the Testator Dashwood had assigned his Share and Interest in the Undertaking to Sir James Hayes, or not," which is the main and only Point in Question:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Issue to be tried at Law, directed by the Court of Exchequer, shall be, "Whether Sir John Champante had due Notice, that the Testator Dashwood had assigned his Interest in the Undertaking to Sir James Hayes or not."

Hetley versus Hervey.

Whereas this Day was appointed for hearing the Cause, wherein Carina Hetley is Plaintiff, and John Hervey is Defendant:

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 Nine and Twentieth Day of this Instant January, at Ten of the Clock in the Forenoon.

Public Accompts.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, after the Duke of Norfolke's Business, the House shall be put into a Committee, to read and consider of the Answers received from the Commissioners for Public Accompts, to the Queries sent to them upon their Observations upon the Book of Accompts.

Message to H. C. to remind them of the Chancery Bill.

A Message was sent to the House of Commons:

To put them in Mind of the Bill, for regulating Hearings upon Bills of Review in Chancery, and other Courts of Equity.

Trials for Treason, Bill.

The Earl of Mulgrave reported from the Lords Committees, appointed to inspect Commissions for Lords High Stewards, "That the Clerk of the Petty Bag had attended them, as ordered; and said, he had none of the Records of those Commissions; and that thereupon the Committee had sent to the Custos Brevium of the King's Bench, for the Records of Trials of Peers, and Commissions for Lords High Stewards."

The Custos Brevium was called in, and delivered some Records; and was ordered to attend the Committee Tomorrow, with what other he hath in his Custody.

And after reading the Commons Amendments to the Proviso (A) in the Bill, for regulating Trials in Cases of Treason, it was ORDERED, That the Committee for inspecting Commissions for Lords High Stewards shall be revived to sit To-morrow, at Nine of the Clock; and that the Committee report to the House on Monday next; and that the Debate of this Business shall be adjourned to Monday next, at Twelve of the Clock; and all the Lords to be summoned.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, (videlicet,) 16^um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.