House of Lords Journal Volume 15: 22 January 1692

DIE Veneris, 22 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Relief of Creditors against fraudulent Devises, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Relief of Creditors, against fraudulent Practices."

L. Stanhope's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the enabling Phillip Lord Stanhope Son and Heir Apparent of the Right Honourable Phillip Earl of Chesterfeild, together with the said Earl, to make a Jointure and Settlement upon the Marriage of the said Phillip Lord Stanhope."

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 Miles Cooke and Sir James Astrey:

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

Small Tithes Bill.

The Lord Cornwallis reported from the Committee, the Bill, intituled, "An Act for the more speedy Recovery of Small Tithes," with Amendments.

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

E. Rochester versus L. Grey.

Upon reading the Petition of Lawrence Earl of Rochester; praying, "That he may have Leave to try his Title at Law with the Lord Grey, to the Points in the Petition mentioned:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Grey shall have a Copy of the said Petition; and do put in his Answer thereunto, in Writing, on Friday the Twentyninth Day of this Instant January, at Ten of the Clock in the Forenoon.

L. Morley discharged, and his Fees, &c. to be paid by the Treasury, out of his Pension.

The House being this Day moved, "That the Lord Morley and Mounteagle, now Prisoner in Their Majesties Tower of London by Order of this House, may be discharged:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Morley & Mounteagle shall be, and is hereby, discharged from the Imprisonment he now lies under in Their Majesties Tower of London: And it is further ORDERED, That the several Officers of this House, and the Officers of Their Majesties Tower of London, and George Wilson, who was sent for in Custody out of Westmerland, upon his Lordship's Complaint of Breach of Privilege committed by him against the said Lord Morley & Mounteagle, shall be, and they and every of them are hereby, recommended to the Lords Commissioners of Their Majesties Treasury, to be paid their just Fees and Charges due to them upon his Lordship's Commitment and Discharge, and Attachment and Discharge of George Wilson, who was attached by Order of this House, out of the next Payment of Lord Morley & Mounteagle's Pension, given to him by their Majesties.

To the Right Honourable the Lord Lucas, Chief Governor of Their Majesties Tower of London, and to the Deputy Governor, and to the Right Honourable the Lords Commissioners of Their Majesties Treasury, and every of them.

Tooke versus L. Chief Baron Atkins.

Upon reading the Petition of Thomas Tooke Esquire; shewing, "That he hath an Appeal depending in this House, to which the Lord Chief Baron of Their Majesties Court of Exchequer is Respondent; praying, That the Lord Chief Baron do produce, at the Hearing of the Cause, all the Writings which were produced at the Hearing in the Exchequer; and that, in the mean Time, the Petitioner may have a Copy of the Articles, at his own Charge; and that he may give a Third Person to be Security to make good his Appeal:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chief Baron Atkins shall produce at the said Hearing the said Writings, and do give a Copy of the Articles, as desired; and that the said Thomas Tooke may have a Third Person to enter into Security for him.

Herbert versus Le Brune & al.

Upon reading the Petition of Cornelius Le Brune, and others, Respondents to the Petition of Charles Herbert and Bartholomew Evans, Appellants; praying, "That a short Day may be appointed for hearing the said Cause, the Petitioners living in Cardiganshire:"

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.

Dennys versus Scudamore.

Upon reading the Petition and Appeal of Mary Dennys, Widow and Executrix of John Dennys Esquire, deceased, from a Decree and Proceedings against her in the Court of Chancery, in a Cause wherein George Scudamore and Milburne Scudamore, Executors of Lucy Milburne, deceased, are Plaintiffs, against the Petitioner, Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said George Scudamore and Milborne Scudamore may have a Copy of the said Petition; and shall be, and they are hereby, required to put in their Answer or respective Answers thereunto, in Writing, on Friday the Fifth Day of February next, at Ten of the Clock in the Forenoon.

D. of Norfolk versus Dutchess of Norfolk.

The Civilians being called for, pursuant to the Order Yesterday; Sir Charles Hedges came in, and was heard, at the Bar, upon the Duke of Norfolke's Charge against his Dutchess, and also upon the Dutchess of Norfolke's Answer thereunto, upon several Questions asked him upon the said Charge and Answer.

And, after Debate, this Question was put,

"Whether the Duke of Norfolke shall produce his Witnesses To-morrow, to be sworn; and the Dutchess also, if she please?"

It was Resolved in the Affirmative.

Then the following Orders were made:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That his Grace the Duke of Norfolke shall produce his Witnesses Tomorrow, at Ten of the Clock in the Forenoon, to be sworn; and that her Grace the Dutchess of Norfolke do attend this House, by herself or Proctor, at the same Time."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That their Graces the Duke and Dutchess of Norfolke shall have Orders for such Witnesses as they shall desire."

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Margaret Elwood, Anne Burton, Rowland Owen, Thomas Hudson, Peter Scriber, John Reynolds, Thomas Lloyd, Andrew Anderson, Thomas Foster, Margaret Foster, Jane Wadsworth, Mary Boyle, Rice Jones, Anne Jones, John Hoskyns, John Hall, Mary Hall, William Bayly, John Wood, Richard Owen, Simon Verelst, Henry Dagly, William Miles, and John Colein, do attend this House To-morrow, at Ten of the Clock in the Forenoon, to be sworn, as Witnesses on the Behalf of his Grace the Duke of Norfolke."

Against adhering to Their Majesties Enemies, Bill.

The House was adjourned during Pleasure, and put into a Committee, upon the Bill, intituled, "An Act against adhering to Their Majesties Enemies."

After some Time spent therein, the House was resumed.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, (videlicet,) 23^um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.