House of Lords Journal Volume 15: 20 February 1692

DIE Sabbati, 20 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mitchell versus Medcalfe.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Daniell Mitchell, from a Decree made in the Court of Chancery, the Five and Twentieth Day of January last, on the Behalf of William Medcalfe; as also upon the Answer of William Medcalfe put in to the said Petition:

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Daniell Mitchell shall be, and is hereby, dismissed this House; and that the Decree from which he appealed shall be, and is hereby, affirmed: And it is further ORDERED, That the said Daniell Mitchell shall pay, or cause to be paid, unto the said William Medcalfe, the Sum of Ten Pounds, for his Costs in defending the said Appeal in this House.

Message from H. C. to return Snadwell Waterworks Bill; and to remind the Lords of the following Bills.

A Message was brought from the House of Commons, by Sir Mathew Andrews:

To return 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 Midd'x; and for the encouraging, carrying on, and settling, the said Water-works," with some Amendments; to which they desire the Concurrence of this House.

And to put the House in Mind of the Bills following; videlicet,

1. "An Act for the better preventing of malicious Informations, and more easy Reversal of Outlawries in the Court of King's Bench."

2. "An Act for Relief of Creditors, against fraudulent Devises."

3. "An Act to prevent Frauds by clandestine Mortgages."

Relief of Creditors against fraudulent Devises, Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act against fraudulent Devises," shall be read the Third Time on Monday next, at Ten of the Clock in the Forenoon.

Clandestine Mortgages Bill.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Committee for the Bill, intituled, "An Act to prevent clandestine Mortgages," shall be revived; to meet on Monday next, at Nine of the Clock in the Forenoon; and that Mr. Baron Letchmore and Mr. Baron Powell do then attend the Committee.

Messages from H. C. to return Vernon's Bill, and Hildeyard's Bill.

A Message was brought from the House of Commons, by Sir Richard Onslow and others:

To return the Bill, intituled, "An Act for the better assuring to George Vernon, and his Heirs and Assigns, Four Acres of Land in Ebisham, in the County of "Surrey;" to which they have agreed, without any Amendment.

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

To return the Bill, intituled, "An Act for the better vesting and settling the Manor of East Horseley, in Surrey, in Trustees, to be sold, for Payment of the Debts of Philip Hyldeyard Esquire;" to which they have agreed, without any Amendment.

Stickland versus Coker.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein John Stickland is Plaintiff, and Robert Coker Defendant, on Thursday the Five and Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon.

Paston versus L. Howard of Eff.

The Earl of Stamford reported from the Lords Committees, to whom was referred the Petition of the Honourable Robert Paston Esquire and Charles Shaw Esquire, on the Behalf of themselves and their Wives, Daughters and Heirs of Phillip Harboard Esquire, deceased, and Grand-daughters of Sir Charles Harboard also deceased, wherein they pray Leave to proceed in the Court of Chancery against the Right Honourable the Lord Howard of Effingham and his Lady, to have the Benefit of the Trusts and Executorship in the said Petition set forth, "That their Lordships have heard Counsel, as well for the Petitioners, as for the Lord Howard of Effingham and his Lady; and their Lordships are of Opinion, that the Lord Howard of Effingham nor his Lady have no Privilege in the Case mentioned in the said Petition."

To which the House agreed, and ordered it accordingly.

Ly. Gerard versus L. Gerard.

Upon Consideration of the Petition of Elizabeth Gerard, Baroness Dowager of Gerard's Bromley; as also the Answer of the Lord Gerard of Bromley put in to the said Petition:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Answer shall be further considered on Tuesday next, at Eleven of the Clock in the Forenoon.

Judges Commissions and Salaries Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for ascertaining the Commissions and Salaries of the Judges."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill shall be committed to a Committee of the whole House, on Monday next, the First Public Business.

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

A Message was brought from the House of Commons, by Sir Samuell Bernardiston:

To return 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," to which they have agreed, with some Amendments; and desire the Concurrence of this House thereunto.

Causes put off.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Causes following, which were appointed to be heard on Monday next, shall be put off to be heard on Tuesday the Twenty Third Instant; videlicet, Hale versus Dashwood, Dod versus Burrows, ct è contra.

Tooke versus L. Chief Baron Atkins.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Debate upon the Cause of Thomas Tooke and the Lord Chief Baron Atkins shall be taken up on Tuesday next, at Ten of the Clock in the Forenoon, the First Business.

Cole versus L. Stawell.

The House was this Day moved, "That the Lord Stawell and others might have further Time allowed them, for answering to the Petition of John Cole:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lord Stawell and others have hereby Time given them for answering thereunto, until Thursday the Five and Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon.

Poll Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for raising Money by a Poll, payable Quarterly, for One Year, for the carrying on a vigorous War against France."

ORDERED, That the said Bill shall be committed to a Committee of the whole House, presently.

The House was adjourned during Pleasure, and put into a Committee, upon the said Bill.

The House was resumed.

And the Lord Godolphin reported, "That the Committee had made some Progress in the Bill; and desire another Day may be appointed, to proceed therein."

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 raising Money by a Poll, payable "Quarterly, for One Year, for the carrying on a vigorous War against France," on Monday next, at Twelve of the Clock; and that all the Lords be summoned then to attend the House.

Committee to consider of Expedients for preserving the Privileges of this House, in Reference to this Bill.

Lords Committees appointed to consider of Expedients for the Preservation of the Privileges of this House, in Reference to 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."

Their Lordships, or any Three of them; to meet To-morrow, at Four of the Clock in the Afternoon, in the Prince's Lodgings near the House of Peers.

Message from H. C. for a Conference on the Small Tithes Bill.

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

To desire a Conference, upon the Amendments made by their Lordships to the Bill, intituled, "An Act for the more speedy and easy Recovery of Small Tithes."

The Commons were called in; and told, "The Lords agree to a Conference, as desired; and appoint it on Monday next, at Eleven of the Clock in the Forenoon, in the Painted Chamber."

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 22^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us, this 15° Day of February, 1692,

Huntingdon.
Stamford.
Craven.
De Longueville.
Tho. Lincoln.
Tho. Menev.