House of Lords Journal Volume 15: 5 February 1692

DIE Veneris, 5 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hungerford versus Pollard.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Jane Hungerford, Anthony Withers, Mathew Bomberell and Sarah his Wife, Executors of Sarah Pollard deceased, Nicholas Hughs Son and Heir of Nicholas Hughs deceased, William Downe, John White, John Bidder, and John Withers, from a Decretal Order made in the Court of Chancery the Seventeenth Day of November, One Thousand Six Hundred Ninety-one, wherein Thomas Pollard, an Insant by his Guardian, is Plaintiff, against the said Jane Hungerford and others Defendants; as also upon the Answer of the said Thomas Pollard, an Infant, by his Guardian, put in to the said Petition:

After due Consideration had of what was offered by Counsel on either Side upon the said Petition and Answer, it is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it shall be, and is hereby, referred to a Trial at Law in the Court of King's Bench in a feigned Issue, whether the whole Sum (mentioned in the said Petition and Answer) of Seven Hundred and Twenty-eight Pounds Five Shillings was a real Debt or not, or how much of it was so, and whether it hath been really paid.

Public Accompts Bill. Conference.

The Commons being come to the Conference, the last Managers Names were read; and the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Earl of Rochester reported, "That the Managers had delivered the Bill to the Commons, and the Reasons, as commanded by the House."

Live Cattle to prevent Butchers from selling, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An additional Act for preventing Butchers from selling live Cattle."

ORDERED, That the Consideration of this Bill shall be committed to the Lords following:

Their Lordships, or any Five of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Speaker's Chamber near the House of Peers.

Gawdey versus Scroggs.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Anthony Gawdey Esquire, from several Decrees made in the High Court of Chancery in Two several Causes; one, wherein Sir William Scroggs Knight, deceased, was Plaintiff, against the Petitioner and others Defendants, the Thirteenth Day of May, One Thousand Six Hundred Eighty-two, and since revived by his Son the now Sir William Scroggs; and another, wherein Erasmus Smith Esquire was Plaintiff, against Sir William Scroggs Son and Heir of Sir William Scroggs, the Petitioner, and others, Defendants, the Tenth of June last past:

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Anthony Gawdey Esquire, from the several Decrees abovementioned, shall be, and is hereby, dismissed this House; and that the Decrees from which he appealed shall be, and they are hereby, affirmed.

Stickland versus Coker.

Upon reading the Petition of John Stickland, Thomas Greene and Mary his Wife; shewing, "That, on the Seven and Twentieth Day of the last Month, the Respondents Solicitor left a Paper with the Petitioners Clerk, that the Respondents intended, at hearing of the Appeal, to insist upon a Deed and Release under the Hands and Seals of the Petitioners as a Bar to their Appeal, and that they have no Counter-part of the pretended Release; and praying, that the Respondents may deliver the Petitioners a true Copy of the said Deed of Release:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Defendant Robert Coker shall deliver, or cause to be delivered, a true Copy of the said Deed of Release to the Petitioners, or their Clerk in Chancery, as desired, before the Hearing of the Cause in this House.

Phillips versus Phillips.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Elizabeth Phillips is Plaintiff, and Dame Marina Phillips Defendant, on Tuesday the Ninth Day of this Instant February, at Ten of the Clock in the Forenoon, the First Business.

Sir Rice Rudd versus Bp. St. David's.

Upon receiving this Day the Answer of the Lord Bishop of St. David's to the Petition of Sir Rice Rudd and others put in against him:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Answer shall be read on Tuesday next, at Ten of the Clock in the Forenoon.

Writs of Error brought in.

The Lord Chief Justice Holt, in the usual Manner, brought in Two Writs of Error; one,

Mutiny Bill.

Then the House was adjourned during Pleasure, and put into a Committee, upon the Bill, intituled, "An Act for punishing of Mutineers and Deserters, preventing false Musters, and paying the Army according to the Musters of Effective Men, and for the better paying of Quarters."

And, after some Time spent therein, the House was resumed.

And the Earl of Bridgwater reported, "That the Committee had gone through the said Bill, and made several Amendments thereto."

Dutch. of Norfolk's Witnesses.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Grace Cooke, Eliz. Dubricke, Hosea Grimsley, Marg't Condy, John Hall, Moree, May, Cecilia Browne, Browne, Bonner, Crotford, Lucy Wheatcroft, Alexander Herman, Mary Pennyngton, and Mrs. Cole, do, and are hereby, required to attend this House To-morrow, at Eleven of the Clock in the Forenoon, to be sworn, as Witnesses on the Part and Behalf of her Grace the Dutchess of Norfolke.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, (videlicet,) 6^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us, this 29th Day of November, 1692,

J. Bridgewater.

Craven.

N. Duresme.