House of Lords Journal Volume 15: 22 February 1692

DIE Lunæ, 22 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Shadwell Water-works Bill.

The Amendments made by the Commons to the Bill, intituled, "An Act for incorporating the Proprietors of the Water-works in the Parish of St. Paul's, Shadwell, in the County of Middl'x; and for the encouraging, carrying on, and settling, the said Water-works," were read Thrice, and agreed to.

Halford's Bill.

The Amendments made by the Commons to the Bill, intituled, "An Act to vest divers Manors, Lands, and Tenements, in the County of Leicester, in Trustees, to be sold, for the Payment of the Debts and Legacies of Sir William Halford Knight, deceased, and for Payment of the other Debts of Sir William Halford now living, prior to his Marriage Settlement with the Lady Frances his now Wife," were read Three Times, and agreed to.

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

A Message was sent to the House of Commons, by Sir John Francklin and Sir John Hoskins:

To let the Commons know, the Lords have agreed to their Amendments to the said Bills.

Sedgwick versus Hitchcock.

This Day Mr. Baron Powell, pursuant to an Order of the Eleventh of February Instant, presented to the House Two Issues drawn by him and Mr. Justice Powell, in the Cause upon the Petition of Obadiah Sedgwick, to which George Hitchcock and others are Respondents.

The Issues, being read, were agreed to by the House.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this Cause shall be tried, in the Court of King's Bench, by a Jury of Middl'x, upon the Issues delivered this Day into the House; and that, in order thereunto, the Appellants do name a Defendant and an Attorney, to accept the said Issue, and take Notice of Trial.

Parker versus Thornhill.

This Day Mr. Baron Powell, pursuant to an Order of the Seventeenth of February Instant, presented to the House an Issue drawn by him and Mr. Justice Powell, in the Cause wherein the Children of Dame Sarah Parker and others are Plaintiffs, and Jeremiah Thornhill and others Defendants.

Which was agreed to by the House.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this Cause shall be tried in the Court of King's Bench, by a Jury of Middl'x, upon the Issue delivered this Day into the House; and that, in order thereunto, the Appellants do name a Defendant and an Attorney, to accept the said Issue, and take Notice of Trial.

Relief of Creditors against fraudulent Devises, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Relief of Creditors against fraudulent Devises;" with the Amendments which were formerly agreed to.

Also a Proviso was offered, to be added to the Bill; which, being read Three Times, was agreed to.

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

It was Resolved in the Affirmative.

Message to H. C. with it; and to remind them of the following Bills.

A Message was sent to the House of Commons, by Sir John Francklin and Sir John Hoskins:

To return the said Bill, and desire their Concurrence to the Amendments; and to put them in Mind of the Bills following; videlicet,

Clandestine Marriages Bill.

1. "An Act disabling Minors to marry without the Consent of their Fathers or Guardians, and against their untimely marrying after the Decease of their Fathers, and for preventing all clandestine Marriages for the future."

Chancery Bill.

2. "An Act for the better reviewing of Causes in Chancery, and other Courts of Equity."

Live Cattle Bill.

3. "An Act to prevent Butchers from selling live Cattle."

Message from H. C. to return Newton's Bill.

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

To return the Bill, intituled, "An Act for settling the Manor and Lordship of King's Bromley, and other the Messuages, Lands, Tenements, and Hereditaments, of Barbary Newton Widow, Relict of Samuel Newton, late of the Island of Barbadoes, in America, Esquire, deceased, and John Newton Esquire, Son and Heir of the said Samuel by the said Barbary;" to which they have agreed, without any Amendment.

Birmingham School.

Upon reading the Petition of the old Governors of the Free Grammar School in Birmingham, in the County of Warwicke, of the Foundation of King Edward the Sixth:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel for the Petitioners and Defendants, as to the Matter of Fact in the Petition suggested, on Wednesday next, at Ten of the Clock in the Forenoon.

Small Tithes Bill, Conference.

The Commons being come to the Conference; the Lords following were named Reporters of the Conference:

The House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Report of the Conference had this Day with the House of Commons, upon the Amendments to the Bill, intituled, "An Act for the more speedy and easy Recovery of Small Tithes," shall be read To-morrow, at Eleven of the Clock in the Forenoon.

Message from H. C. with the Bill against adhering to Their Majesties Enemies.

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

To return the Bill, intituled, "An Act against corresponding with Their Majesties Enemies," with an Amendment; to which they desire the Concurrence of this House.

The Amendment was read Thrice, and agreed to.

Judges Commissions and Salaries Bill.

The House was adjourned during Pleasure, and put into a Committee, upon the Bill, intituled, "An Act for ascertaining the Commissions and Salaries of the Judges."

After some Time spent therein, the House was resumed.

And the Earl of Bridgwater reported, "That there was a Clause proposed, That if a Judge give corrupt Judgement, the Party grieved may bring his Action for Bribery, Corruption, or Interest, against the Judge; and that in that Case, no Nolo Prosequi shall be allowed; and that the Committee were of Opinion, it should be rejected."

The Question was put, "Whether to agree with the Committee?"

It was Resolved in the Affirmative.

Poll Bill.

The House was moved, "That the House shall be adjourned during Pleasure, and put into a Committee upon the Poll Bill."

After Debate,

The Question was put, "Whether the House shall now proceed in a Committee of the whole House on the Judges Bill?"

It was Resolved in the Negative.

Then the House was moved, "That the House be adjourned until To-morrow."

After Debate,

The Question was put, "Whether the House shall be now adjourned until To-morrow Morning?"

It was Resolved in the Negative.

Messages from H C. with a Bill; and to return Sadler's.

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

Who brought up a Bill, intituled, "An Act for enabling Their Majesties to make Leases, and grant Estates, of Lands, Tenements, and Hereditaments, belonging to the Dutchy of Cornwall;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act to enable Sir Edwin Sadleir Baronet to sell Lands, to pay his Debts;" to which they have agreed, without any Amendment.

Poll Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the House shall proceed on the Bill, intituled, "An Act for raising Money by a Poll, payable Quarterly, for One Year, for the carrying on a vigorous War against France," To-morrow, at Twelve of the Clock; and whatsoever Business shall be then in Agitation, it shall be broken off; and that the Speaker, or any Lord, may put the House in Mind thereof at that Time; and all the Lords shall be summoned then to attend the House.

Adjourn.

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