House of Lords Journal Volume 15: 9 February 1692

DIE Martis, 9 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hildeyard's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better vesting and settling the Manor of East Horsley, in Surrey, in Trustees, to be sold, for Payment of the Debts of Phillip Hildeyard Esquire."

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 John Francklyn:

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

Low Wines, &c. Duty, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better ordering and collecting the Duty upon low Wines and strong Waters, and preventing the Abuses therein."

D. of Leinster, Nat. Bill.

Then the Amendments to the Bill, intituled, "An Act for naturalizing of Mainhardt Duke of Leinster," being read Twice, were agreed to.

Message to H. C. that the Lords agree to Amendments in it.

A Message was sent to the House of Commons, by Sir John Hoskyns and Sir John Francklyn:

To let them know, the House hath agreed to their Amendments to the said Bill.

Dodd versus Burrowes.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Thomas Burrows is Plaintiff, Anne Dod and others Defendants; and the Cause wherein Anne Dod and others are Plaintiffs and Thomas Burrows Defendant, on Tuesday the Sixteenth Day of this Instant February, at Ten of the Clock in the Forenoon; and that Mr. Justice Eyre do then attend.

Penry versus Walker.

Upon hearing Counsel this Day, at the Bar, upon the Petition of Elizabeth Penry, the Widow of Rice Penry, deceased, Charles Penry, Elizabeth Penry, and Mary Penry, the Children of Rice Penry, and under Age, by their Guardians, Sir John Powell Knight One of the Justices of the Court of Common Pleas, Charles Hughes, and John Walker Esquire, Trustees for the said Children, from a Decree made in the High Court of Chancery on the First Day of July, One Thousand Six Hundred and Ninety; as also upon the Answer of Thomas Walker Esquire, and Elizabeth his Wife, Katherine Games, and Florence Lucy Widow; which Elizabeth, Katherine, and Florence, are the Sisters and Coheirs of John Games, deceased, put in to the said Petition:

After due Consideration had of what was offered by Counsel upon the said Petition and Answer, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Elizabeth Penry Widow shall be, and is hereby, dismissed this House; and that the Decree complained of in the said Petition shall be, and is hereby, affirmed.

Message to H. C. to return the Bill for Punishment of Offenders.

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

Who returned the Bill, intituled, "An Act to take away Clergy from some Offenders, and to bring others to Punishment;" and to acquaint the House, that the Commons have agreed to their Lordships Amendments to their Amendments.

Beap'e versus Gay.

Upon reading the Petition of Thomas Beaple, Executor of Richard Gay; complaining of an Order of this House of the Seventeenth of December, One Thousand Six Hundred Ninety-one, made upon the Petition of Martha Gay, ex Parte, upon untrue Suggestions therein, reflecting upon the Commissioners for the Custody of the Great Seal, and to order that Security should be entered into, in Two Thousand Pounds, in the Court of Chancery, and that the Chancery should direct the same to be done accordingly; and praying, "That the said Martha Gay, and her Solicitor Mr. Ford, may attend the House:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Martha Gay, and Mr. Edward Ford her Solicitor, do attend this House on Thursday next, at Ten of the Clock in the Forenoon, to give an Account of the Proceedings in this Case; and that the taking of the said Security for Two Thousand Pounds is hereby respited, until the House hath had an Account of the Proceedings in the Court of Chancery.

Mordaunt versus Keck.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Causes; one, wherein Sir John Mordant Baronet is Appellant, and Sam'll Keck Respondent; as also the Cause wherein Sarah Bayly is Appellant, and Anne Robson Widow and others Respondents, on Friday the Nineteenth Day of this Instant February, at Ten of the Clock in the Forenoon.

Mutiny Bill.

The Earl of Bridgewater reported the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act for the 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."

Which were read Twice, and agreed to; and ORDERED, That the said Bill be read the Third Time Tomorrow Morning, the First Business.

Public Accompts, for examining, &c. Bill.

Then the House went into the Debate of the Free Conference had Yesterday with the House of Commons, upon the Bill, intituled, "An additional Act for appointing and enabling Commissioners to examine, take, and state, the Public Accompts of the Kingdom."

And, after Debate thereupon,

Lords adhere to their Amendments.

This Question was put, "Whether this House shall agree with the House of Commons?"

It was Resolved in the Negative.

Then, after further Debate,

This Question was put, "Whether this House will adhere to their Amendments?"

It was Resolved in the Affirmative.

Message to H. C. for a Conference about it.

A Message was sent to the House of Commons, by Sir John Hoskyns and Sir John Francklyn:

To desire a Free Conference, To-morrow, at One of the Clock in the Afternoon, upon the Subject-matter of the last Free Conference, in the Painted Chamber.

Dodsworth versus Roberts.

Whereas by virtue of Their Majesties Writ of Error, returnable in the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this House, the Eighteenth Day of December, One Thousand Six Hundred Ninety-one, wherein Judgement is entered for George Roberts against Christopher Dodsworth; Counsel appearing this Day for the Defendant George Roberts in the Writ of Error, but no Counsel appearing for the Plaintiff Christopher Dodsworth:

It is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the Court of King's Bench, and the Affirmation thereof in the Exchequer Chamber, given for the said George Roberts against the said Christopher Dodsworth, shall be, and is hereby, affirmed: And it is further ORDERED, That the said Christopher Dodsworth shall pay, or cause to be paid, unto the said George Roberts, the Sum of Twenty Pounds, for his Costs sustained in defending the said Writ of Error in this House.

The Tenor of which Judgement to be affixed to the Transcript of the said Record:

"Postea, fcilicet, Decimo Octavo Die Decembris, Anno Regni Domini Gulielmi et Dominæ Mariæ nunc Regis et Reginæ Angl. &c. Tertio, Transcript. Record. et Process. præd. inter Partes præd. de Placitis præd. Prætextu cujusdam Brevis (fn. 1) Dominl Regls et Dominæ Reginæ de Errore corrigend. per præfat. Xpoferum Dodsworth in Præmiss. prosecut. dictis Domino Regi et Dominæ Reginæ in præsenti Parliamento apud Westm. a præd. Cur. dictorum Domini Regis et Dominæ Reginæ transmissum fuit; prædictusque Xpoferus Dodsworth, in eadem Cur. Parliamenti comparens, diversas Materias pro Error. in Record. et Process. præd. pro Revocatione et Adnullatione Judicii præd. habend. assign.; ad quod præd. Georgius Roberts, in eadem Cur. Parliamenti præd. comparens, placitavit, quod nec in Record. et Process. præd. nec in Redditione Judicii præd. nec in Affirmatione ejusdem, in ullo est Erratum. Et postea, scilicet, Die Martis, Nono Die Februarii, Anno Tertio Domini Gulielmi et Dominæ Mariæ Regis et Reginæ supradict. vis. et per Cur. Parliamenti præd. diligenter examinat. et plenius intellect. tam Record. et Process. præd. quam Judic. superinde reddit. ac præd. Caus. et Mater. per præd. Xpoferum Dodsworth superius pro Error. assign. cons. est per Cur. Parliamenti præd. quod Judicium præd. in omnibus affirmetur, et in omni suo Robore stet et Effectu, dictis Causis et Materiis superius pro Error. assign. in aliquo non obstan. Et ulterius per eandem Cur. Parliamenti præd. cons. est, quod præd. Georgius Roberts recuperet versus præd. Xpoferum Dodsworth Vigint. Libr. eidem Georgio Roberts ad Requisitionem suam, pro Mis. et Custag. suis, quæ sustin. tam Occasione Dilationis Executionis Judicii prædict. Prætextu Prosecution. præd. Brevis de Error. secundum Form. Statut. adjudicat. Ac superinde Record. et Process. præd. Cur. dictorum Domini Regis et Dominæ Reginæ per Cur. Parliamenti præd. coram ipsis Rege et Regina ubicunque, &c. remitt. et in eadem Cur. dictor. Domini Regis et Dominæ Reginæ jam residen. &c.

Duke and Dutchess of Norfolk.

The Counsel for the Duke and Dutchess of Norfolke were called in.

And then Mr. Welborne's Evidence was read; he being the last Day directed to put it in Writing.

And the Counsel for the Duke called in several Persons, who gave in their Evidence on his Behalf.

Then the Counsel withdrew; and the Lords made the following Order:

"After hearing Witnesses this Day on the Behalf of his Grace the Duke of Norfolke, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Counsel for his Grace the Duke of Norfolke, as also the Counsel for her Grace the Dutchess of Norfolke, shall be heard on Thursday next, at Twelve of the Clock, to sum up the Evidence on either Side; and that Mrs. Sawbridge and Mrs. Stourton do then attend, to be heard."

Adjourn.

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