House of Lords Journal Volume 15: 4 January 1692

DIE Lunæ, 4 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp. of London's Bill.

Hodie 1^a vice lecta est Billa, 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."

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Thomas Clarges and others:

Who brought up a Bill, intituled, "An Act for recovering of small Debts, and for relieving of Poor Debtors, in Westminster and the Liberties thereof."

Davile's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable William Davile to sell some Lands, for Payment of Debts."

ORDERED, That the Consideration of this Bill is 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 Prince's Lodgings near the House of Peers; and to adjourn as they please.

Campian's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better enabling the Trustees and Executors of Richard Campian."

Message from H. C. for a Conference on Trials for Treason, Bill.

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

To desire a Free Conference, upon the Subject-matter of the last Conference.

To which the House agreed.

Answer.

The Messengers were called in again; and told, "The House agrees to a Free Conference, as desired; and appoints it To-morrow, at Twelve of the Clock, in the Painted Chamber."

Bromhall versus Manlove.

After hearing this Day Sir William Rawlinson, One of the Lords Commissioners of the Great Seal of England, pursuant to an Order of this House on Saturday last, upon hearing Counsel upon the Petition and Appeal of Thomas Bromhall an Infant, by his Guardian William Bromhall, from a Decree made in the Court of Chancery, the Three and Twentieth Day of July last, on the Behalf of Richard Manlove as also upon the Answer of the said Richard Manlove, put in to the said Petition, upon this Point, of the State and Condition of the said Decree, and how far it is definitive:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal shall be, and is hereby, dismissed this House (the House being satisfied the Decree complained of is definitive), without Prejudice to Parties on either Side.

Verdons versus Coke & al.

Upon reading the Petition of Roger Cooke and Anthony Freeston; praying, "That a short Day may be appointed for hearing of the Cause wherein Sarah Verdon and James Verdon are Plaintiffs, and the now Petitioners Defendants; and that the Service of this Order on the Appellants Clerk in Chancery may be good Service:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Tuesday the Nineteenth Day of this Instant January, at Ten of the Clock in the Forenoon.

L. Villers versus E. Suffolk.

Upon reading the Petition of Edward Lord Viscount Villers, on the Behalf of his Sisters, Daughters of Sir Edward Villers Knight deceased; setting forth, "That the Right Honourable the Earl of Suffolke having received One Thousand Pounds, with Interest, as Trustee for his said Sisters, and a Suit having been commenced for the same, and an Order obtained, on the Thirteenth Day of December 1690, in the Court of Chancery, that the said Earl, then Henry Howard Esquire, should stand committed to The Fleete, for not obeying the Order of the Court of Chancery; and that, the said Earl being now a Member of this House, no further Proceedings will be allowed in the said Court, without Order from this House; and praying that the said Court may be ordered to proceed against the said Earl of Suffolke for the Monies so due:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Suffolke shall have a Copy of the said Petition; and the same shall be, and is hereby, referred to the Lords Committees for Privileges, on Monday next, at Four of the Clock in the Afternoon, to consider of the same, and to hear such Persons concerning the same as they shall think fit, are afterwards to report to the House.

Felton's Claim to the Barony of Awdley.

Ly. Essex Grissin to be heard.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition of Elizabeth Felton, which was this Day to be considered of at the Lords Committees for Privileges, shall be considered of, and hear such Persons concerning the same as they shall think fit, on Monday next, at Four of the Clock in the Afternoon; and that the Lady Essex Griffin may have a Copy of the said Petition, and be heard at the same Time, if the pleases.

Coney versus Terrell.

Upon reading the Petition of Mary Coney Widow; shewing, "That her Petition was dismissed on Tuesday last, upon one Haughton's producing of a Letter, and pretending the same to be attested under Sir Miles Cooke's Hand to be a true Copy of a Letter from one Richard Vale, to one Mathias Burnaby, dated at Antwerpe, the Tenth Day of December, One Thousand Six Hundred and Sixty, to invalidate an Accompt of the same Date, sent by the said Vale to Burnaby, which was a Surprize upon the Petitioner; and praying a Re-hearing, as to the Validity of the said pretended Letter:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel for the said Mary Coney, as also Counsel for the Defendant Samuel Terrel, upon Monday the Eleventh Day of this Instant January, at Ten of the Clock in the Forenoon, as to the said Letter only.

Wilson versus L. Morley.

Upon reading the Petition of George Wilson, of Kendall in the County of Westmerland, Gentleman, now in Custody of the Gentleman Usher of the Black Rod attending this House, for having arrested Thomas Powley, at the Suit of John Pickering, for Five Hundred Pounds, by virtue of a Writ of Capias out of the Court of Common Pleas; and "that, since such Arrest, and not before, the said Powley, to colour his Pretence of being a Servant to the Lord Morley and Mounteagle, did betake himself to dwell in his Lordship's House for some Days under the Denomination of his Lordship's Gardener," as in the Petition amongst other Things is set forth; and praying, "That, he solely relying upon the Order of the Eight and Twentieth of March One Thousand Six Hundred Ninety, he may be discharged, with such Relief as shall seem meet to this House:"

And after hearing the said Wilson at the Bar, and a Witness upon Oath, as also several Witnesses on the Behalf of the said Lord Morley and Mounteagle; and after due Consideration had of what was said on either Side (upon Oath) in this Case; the House was fully satisfied, and of Opinion, That the said Thomas Powley was not the Lord Morley & Mounteagle's Servant:

Whereupon the following Orders were made:

L. Morley committed to The Tower, for granting a seigned Protection to Powley.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Thomas Lord Morley and Mounteagle shall be, and is hereby, committed to Their Majesties Tower of London, for having given such a Protection as is contrary to the Orders of this House.

"To the Right Honourable the Lord Lucas, Chief Governor of Their Majesties Tower of London, and the Deputy of the said Tower, or either of them."

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House shall take into his Custody Thomas Lord Morley & Mounteagle, and convey him in safe Custody to Their Majesties Tower of London.

"To Sir Thomas Duppa, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them."

Wilson discharged.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That George Wilson, now in the Custody of the Gentleman Usher of the Black Rod, for having arrested Thomas Powley, the pretended Servant of Thomas Lord Morley and Mounteagle, shall be, and is hereby, discharged from his present Restraint, without paying any Fees to the Officers of this House; and this shall be a sufficient Warrant on that Behalf.

"To Sir Thomas Duppa, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them."

Jobson committed for Perjury in this Case.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That George Jobson, who on the Fifteenth of December last swore at the Bar that Thomas Powley was the Lord Morley and Mounteagle's Servant, shall be, and is hereby, committed to the Prison of The Gatehouse in Westminster; and this shall be a sufficient Warrant on that Behalf.

"To Sir Thomas Duppa, Gentleman Usher of the Black Rod, his Deputy and Deputies, and every of them; and to the Keeper of The Gatehouse Prison in Westm'r, and his Deputies and Turnkeys."

Barton versus Woodman.

Upon reading the Petition of Amy Barton; praying, That a Deed of Sir Thomas Badd deceased (now lodged in the Court of Chancery by Order of the said Court) may be, by Order, delivered to the Clerk of the Parliaments; the said Deed being absolutely necessary to be produced before this House at the Hearing on Thursday next, wherein the Petitioner and others are Appellants, and one Joshua Woodman and others Defendants:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Deed shall be brought to the Clerk of the Parliaments, or his Deputy, on Wednesday next, in order to be produced at the said Hearing.

It is ORDERED, That the Earl of Warrington and Lord Viscount Weymouth shall make their Reports from the Committees To-morrow Morning.

Roberts versus Dodsworth.

Upon reading the Petition of George Roberts; praying, That a Day may be appointed for arguing the Errors upon the Writ of Error brought into this House, wherein Christopher Dodsworth is Plaintiff, and the Petitioner Defendant:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued, by Counsel on both Sides, at the Bar, on Thursday the One and Twentieth Day of this Instant January, at Ten of the Clock in the Forenoon.

Heads to be prepared for a Conference on Trials for Treason Bill.

It is ORDERED, That those Lords who were a Committee for drawing Reasons, to be offered at a Conference for the Lords insisting on their Proviso (A) to the Bill intituled, "An Act for regulating of Trials in Cases of Treason," shall manage the Free Conference Tomorrow with the House of Commons upon this Bill; and that they do meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers.

Pote versus Raw.

Whereas this Day was appointed for hearing the Cause wherein Thomas Pote is Plaintiff, and Elizabeth Raw Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Thursday the Seventh Day of this Instant January, at Ten of the Clock in the Forenoon.

Against adhering to Their Majesties Enemies, Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the House shall be put into a Committee, upon the Bill, intituled, "An Act against adhering to Their Majesties Enemies," on Thursday next, at Twelve of the Clock; and that all the Judges do then attend.

Committee for Privileges to meet.

It is ORDERED, That the Committee for Privileges shall not meet this Afternoon until Five of the Clock; and that the Earl of Rochester and the Earl of Abingdon shall be added to the said Committee.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Steward, the Earl of Mulgrave, the Earl of Stamford, and the Earl of Nottingham, shall be added to the Managers of the Free Conference, which is to be To-morrow with the House of Commons, upon the Bill against adhering to Their Majesties Enemies.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, (videlicet,) 5^um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.