House of Lords Journal Volume 15: 13 February 1692

DIE Sabbati, 13 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bishop of Lincoln, Leave to be absent.

Leave given to the Lord Bishop of Lincolne, to be absent.

Poor Bill.

The Earl of Stamford reported from the Committee, the Bill, intituled, "An Act for the better Explanation and supplying the Defects of the former Laws for the Settlement of the Poor," as sit to pass, with the Addition of One Proviso.

Which was read Twice, and agreed to.

Then,

Hodie 3^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."

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 Mr. Meredith and Mr. Keck:

To return the said Bill, and desire their Concurrence to the Proviso.

Quakers Evidence Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to empower the High Court of Chancery and the Court of Exchequer to accept of the solemn Answer, or Evidence, of any of the People called Quakers."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it; and to remind them of the Chancery Bill.

A Message was sent to the House of Commons, by Mr. Meredith and Mr. Keck:

To carry down the said Bill, and desire their Concurrence thereunto; and to put them in Mind of the Bill for regulating Reviews in Chancery.

King's Bench, malicious Informations in to prevent, and for more easy Reversal of Outlawries, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better preventing malicious Informations, and for the more easy Reversal of Outlawries in the Court of King's Bench."

Message from H. C. with Bills, and to return Ld. Stanhope's and the Highways Bills, the Poor Bill, and the Bishop of London's Bill.

A Message was brought from the House of Commons, by the Lord William Pawlett and others:

Who brought up a Bill, intituled, "An Act for encouraging the building of good and defensible Ships;" to which they desire the Concurrence of this House.

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

To return the Bill, 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," with some Amendments; to which they desire the Concurrence of this House.

The Amendments were read Twice, and agreed to; and a Message sent to the House of Commons, to let them know it.

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

To return the Bill, intituled, "An Act for the better repairing and amending the Highways, and for settling the Rates of Carriage of Goods;" to which the Lords had made One Amendment, (fn. 2) which they had agreed to.

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

Who brought up a Bill, intituled, "An Act for preventing Frauds by clandestine Mortgages;" to which they desire the Concurrence of this House.

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

Who brought up Two Bills; One, intituled, "An Act for vesting the forfeited Estates in Engl'd in Their Majesties, to be applied to the Use of the War."

The other, intituled, "An Act for vesting the forfeited Estates in Ireland in Their Majesties, to be applied to the Use of the War."

To which Bills they desire the Concurrence of this House.

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

To return the Bill, to which the Lords had made some Amendments, intituled, "An Act for the better Explanation and supplying the Defects of the former Laws, for the Settlement of the Poor;" to which Amendments they have agreed.

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

To return the Bill, intituled, "An Act to enable the Bishop of London, and Trustees, to sell the Manor of Bushley, in the County of Worcester, Part of the Bishopric of London; and to purchase other Lands, to be annexed to the said Bishopric, for the Improvement thereof;" to which they have agreed, with some Amendments, and desire the Concurrence of this House to them.

Message to them, to remind them of the Orphans Bill.

A Message was sent to the House of Commons, by Mr. Keck and Mr. Meredith:

To put them in Mind of the Orphans Bill.

Pennington versus Ly. Read.

Upon hearing Counsel this Day, at the Bar, upon the Petition of Sir Fairmedow Penniston, being an Appeal from a Decree made in the Court of Chancery, the Two and Twentieth Day of July last; as also upon the Answer of Dame Mary Reade 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, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Sir Fairmedow Penniston shall be withdrawn; and that the said Sir Fairmedow Penyston shall pay, or cause to be paid, unto the said Dame Mary Reade, the Sum of Ten Pounds, for her Costs sustained in defending the said Petition in this House.

Duke of Bolton versus Ryley & al. for serving him with an Order of Council.

Upon Complaint and Oath made to this House, "That his Grace the Duke of Bolton hath been served with an Order of Council, dated the Eleventh Instant, made on the Behalf of Phillip Ryley, Surveyor General of His Majesty's Woods, by William Wicket and Charles Low:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Philip Ryley, William Wickett, and Charles Low, do attend this House on Monday next, at Ten of the Clock in the Forenoon, to answer such Things as shall be objected against them on Behalf of his Grace the Duke of Bolton.

Pawlin versus Whitaker.

Upon reading the Petition of William Pawlin and William Loggin; shewing, "That, since the Judgement of this House given against them, of the Eighteenth of November last, Mr. Whitaker, not being satisfied with the said Order, petitioned for an Explanation thereof; and, by Order of the Thirtieth of December last, a Day for hearing Counsel thereupon was appointed; and that, since, Mr. Whitaker hath not proceeded therein; and praying a Day may be appointed for hearing upon the Matter of the said Order, to the End the same may be explained accordingly:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, that this House will hear Counsel on either Side thereupon, on Monday the Two and Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon.

Hetley versus Hervey.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Carina Hetley is Plaintiff, and John Hervey Defendant, on Wednesday the Seventeenth Day of this Instant February, at Ten of the Clock in the Forenoon, the First Business.

Fidler versus Hanham.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Thomas Fidler is Plaintiff, and the Lady Hanham Defendant, on Thursday the Eighteenth Day of this Instant February, at Ten of the Clock in the Forenoon, the First Business.

Tooke versus L. Chief Baron Atkins.

The House being this Day moved, at the Request of Thomas Took Appellant in this House, to which the Lord Chief Baron Atkins is Respondent, "That Sir William Rawlinson, One of the Lords Commissioners of the Great Seal, may be desired to attend this House on Monday next, at the further Hearing of this Cause:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir William Rawlinson, One of the Lords Commissioners of the Great Seal of England, is hereby desired to attend this House on Monday next, at Ten of the Clock in the Forenoon; and that the Barons of the Exchequer do then attend.

Beaple versus Gay.

Upon hearing Counsel this Day, at the Bar, upon the Petition of Thomas Beaple, complaining of some Proceedings of the Lords Commissioners of the Great Seal, and Martha Gay and Mr. Ford; as also Counsel for Martha Gay and Mr. Ford:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Thomas Beaple shall be dismissed this House.

Sir R. Murray, alias Creighton, versus Cunningham.

Upon hearing Counsel this Day, at the Bar, upon the Petition of Sir Robert Murray, alias Creighton, against Henry Cuningham; as also Counsel for the said Henry Cuningham, as to the Point of Possession in the Petition mentioned:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Order of the Nine and Twentieth of December last, made in this Cause, shall stand.

Browne versus Knapp.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Edward Browne Merchant, from Two several Decrees made in the Court of Chancery, the one bearing Date the Fourth. of December One Thousand Six Hundred Eighty-nine, and the other the Third of March last, in a Cause wherein Daniel Mercer and others were Plaintiffs, against the said Edward Browne and others Defendants; as also Counsel upon the Answer of John Knap and George Cole Merchants, 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 Decree complained of in the Petition of Edward Browne, made the Third Day of March last, shall be, and is hereby, reversed; and that the other Decree, made the Fourth Day of December One Thousand Six Hundred Eightynine, shall be, and is hereby, affirmed.

Lougher versus Prichard & al.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Richard Lougher Esquire, from a Decree made in the Court of Chancery, wherein Joane Prichard, Jane Prichard alias Steed, James Steed her Husband, and Thomas Roberts, were Plaintiffs, and the said Richard Lougher, Treharn Harry, Evan Treharn, Mary, John, Henry Evans, David Thomas, and John Deere, Defendants, made the Four and Twentieth Day of July last; as also Counsel upon the Answer of Joane Prichard, Jane Prichard alias Steed, James Steed her Husband, and Thomas Roberts, 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 Decree complained of in the Petition and Appeal of Richard Lougher shall be, and is hereby, reversed.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 15^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.