House of Lords Journal Volume 15: 10 February 1692

DIE Mercurii, 10 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Answer from H. C.

The Messengers sent to the Commons Yesterday, for a Free Conference, return Answer:

That the Commons will give a Conference, as desired.

Bromhall versus Johnson.

Upon reading the Petition of Thomas Bromhall, per Guardian, Appellant, against Henry Johnson Respondent:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Thomas Bromhall shall be, and is hereby, rejected.

Poor Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better Explanation, and supplying the Defects, of the former Laws for the Settlement of the Poor."

ORDERED, That the Consideration of this Bill shall be committed to the same Committee to whom the Bill, intituled, "An Act for the lessening the Interest of "Money," is referred.

Whose Lordships, or any Five of them; are 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.

Low Wines, &c. Duty Bill.

Hodie 2^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."

ORDERED, To be committed to a Committee of the whole House.

Quakers Evidence, Bill.

Then the House was adjourned during Pleasure, and put into a Committee, upon the Bill, intituled, "An Act for empowering the High Court of Chancery and Their Majesties Court of Exchequer to accept of the solemn Answer, or Evidence, of any of the People called Quakers."

The House was resumed.

And the Lord Cornwallis reported, "That the Committee had made some Progress in the Bill, and desire another Day may be appointed for this Business."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the House shall be put into a Committee, to proceed on the Bill, intituled, "An Act for empowering the High Court of Chancery and Their Majesties Court of Exchequer to accept of the solemn Answer, or Evidence, of any of the People called Quakers," on Friday next, at Ten of the Clock in the Forenoon, the First Business.

Public Accompts, for examining &c. Bill.

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

Which being ended, the House was resumed.

Report of the Conference.

And the Earl of Rochester reported, "That the Managers have attended the Conference, as ordered; and told the Commons, that the House hath had a serious Consideration of the Reasons given by them at the last Free Conference; and that the House had commanded the Managers to acquaint them, that the House had adhered to their Amendments to the Bill, intituled, "An Act for appointing and enabling Commissioners to examine, take, and state, the Public Accompts of the Kingdom," and delivered them the Bill."

Mutiny Bill.

Hodie 3^a vice lecta est Billa, 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."

A Proviso was offered, concerning Carriages; which, being read by the Clerk Three Times, was agreed to.

Then the Question was put, "Whether this Bill shall pass, with the Rider and Amendments?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House, by Sir Robert Legard and Mr. Meredith:

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

Penniston versus Ly. Read.

Whereas To-morrow is appointed for hearing of the Cause wherein Sir Fairmedow Penyston is Appellant, and the Lady Reade Respondent:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause on Saturday next, at Ten of the Clock in the Forenoon, the First Business.

Alnage Bill.

The Speaker, pursuant to the Order of the Eighth Instant, reported what was said by the Counsel for and against the Bill, intituled, "An Act for transferring the collecting the Duties of Alnage to the Customhouse, and for giving a Recompense to the Crown for the same."

After Debate;

The Counsel for and against the Bill were called in; and told by the Speaker, by Directions of the House, as followeth:

"The Counsel for the Bill having proposed, that there should be a sufficient Security given by Ten able Persons to the Dutchess of Richmond, to answer the Rents now paid to her, and to secure her a Compensation for the Remainder of her Term; the House doth direct the said Counsel to meet with the Counsel for the Dutchess, and to prepare a Clause fit to be inserted in the Bill, whereby such Security shall be sufficiently provided for: And in case the Dutchess should rather be willing to take a Sum of Money for her whole Interest, the Counsel on both Sides are directed to consider what may be a proper Sum to be paid for the said Interest; and to report their Proceedings in Writing, to be offered to this House on Monday next, at Ten of the Clock in the Forenoon, as to these Particulars, or any other Expedient they can agree on, wherein likewise the Interest of the Crown is to be considered."

Hall versus Ayres.

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 Twelfth Day of December, One Thousand Six Hundred and Ninety-one, wherein Judgement is entered for William Ayres against Thomas Hall; Counsel appearing this Day for the Defendant William Ayres in the Writ of Error, but no Counsel appearing for the Plaintiff Thomas Hall:

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, for the said William Ayres, against the said Thomas Hall, shall be, and is hereby, affirmed: And it is further ORDERED, That the said Thomas Hall shall pay, or cause to be paid, unto the said William Ayres, 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, followeth:

"Postea, scilicet, Duodecimo Die Decembris, Anno Regni Regis et Reginæ Gulielm. et Mariæ nunc Angl. &c. Tertio, Transcript. Record. et Process. præd. cum omnibus ea tangen. virtute ejusdem Brevis (fn. 1) Domini Regis et Dominæ Reginæ de Error. corrigend. per præsat. Thomam Hall in Præmiss. prosecut. in præsenti Parliamento apud Westm. et in præd. Cur. dictor. Domini Regis et (fn. 2) Dominæ Reginæ hic transmissum fuit; [ (fn. 3) prædictusque Thomas] Hall, in eadem Cur. Parliament. comparens, diversas Materias pro Errore in Record. et Process. præd. pro Revocatione et Adnullatione Judicii præd. habend. assignavit; ad quas præd. Will'us Ayres, in eadem Cur. Parliament. præd. comparens, placitavit, quod nec in Recordo et Process. præd. nec in Redditione Judicii præd. nec in Affirmatione ejusdem, in ullo est Errat. Et postea, scilicet, Die Mercurii, Decimo Die Februarii, Anno Tertio Domini Guliel. et Dominæ Mariæ Regis et Reginæ supradict. visis et per Cur. Parliament. præd. diligenter examinat. et plenius intellectis tam Record. et Process. præd. quam Judic. superinde reddit. ac præd. Causis et Materiis per prædict. Thom. Hall superius pro Error. assign. considerat. est per Cur. Parliament. præd. quod Judicium præd. in omnibus affirmetur, et in omni suo Robore stet et Effectu; dict. Causis et Materiis superius pro Error. assign. in aliquo non obstant. Et ulterius per eandem Cur. Parliament. præd. considerat. est, quod præd. Will'us Ayres recuperet versus præd. Thom. Hall Vigint. Libr. eidem Will'o ad Requisitionem suam, pro Misis et Custag. suis, quæ sustinuit tam Occasione Dilationis Executionis Judicii præd. quam Prætextu Prosecutionis præd. Brevis de Error. secundum Form. Stat. adjudicat. Ac superinde Record. et Process. præd. Cur. dictor. Domini Regis et Dominæ Reginæ per Cur. Parliament. præd. coram ipsis Rege et Regina ubicunque, &c. remittunt. ac in eadem Cur. dictor. Domini Regis et Dominæ Reginæ jam resident. &c."

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, (videlicet,) 11^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.