House of Lords Journal Volume 15: 25 January 1693

DIE Mercurii, 25 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Petworth, Dungton, Clewer, Farnham Royal, Worplesdon, &c. Advowsons of, for settling, Bill.

Hodie 1 ^a vice lecta est Billa, intituled, "An Act for dividing the Chapelries of North Chappell and Dungton from the Parish of Petworth, and erecting them into new Parishes; and for settling the Advowsons and Rights of Patronage of the Rectories of Petworth, North Chappell, Dungton, Clewer, Farnham Royall, Worplesdon, Kirby Overblowes, and Catton, and the Vicarage of Long Horsley."

Hameldon, Lands, &c. in, for settling, Bill.

Hodie 3 ^a vice lecta est Billa, intituled, "An Act for the settling and confirming the Manors and Lands in Hameldon, in the County of Rutland, as they are now enjoyed, and have been for divers Years last past, pursuant to an Agreement for enclosing and exchanging of Lands there."

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 Sir Miles Cooke and Mr. Keck:

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

Special Bail in the Country, on Actions in Westm. Hall, Bill for taking:

The Earl of Warrington reported the Bill, (intituled, "An Act for taking special Bails in the Country, upon Actions and Suits depending in the Courts of King's Bench, Common Pleas, and Exchequer, at Westminster,") as fit to pass, with One Amendment.

Which was Twice read, and agreed to.

Then, Hodie 3 ^a vice lecta est Billa, intituled, "An Act for taking special Bails in the Country, upon Actions and Suits depending in the Courts of King's Bench, Common Pleas, and Exchequer, at Westminster."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Mr. Kecke:

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

Message from thence, with a Bill.

A Message from the House of Commons, by Mr. Christy and others:

Who brought up a Bill, intituled, "An Act for the Sale of certain Manors, Messuages, Lands, and Hereditaments, late the Estate of Francis Osbaston Esquire deceased, for the Payment of his Debts and Legacies, and raising Ten Thousand Pounds for the Portion of Mary Osbaston his Daughter, chargeable upon the said Estate;" to which the Concurrence of this House is desired.

Answer from H. C.

The Messengers sent Yesterday to the House of Commons return Answer:

That the Commons agree to a Conference, as desired.

Ruddle versus Cass.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Robert Ruddle, from a Decree made in the Court of Chancery, the Twelfth Day of December, One Thousand Six Hundred Ninety-two, against the Appellant, at the Suit of John Cass; as also upon the Answer of the said John Cass put in thereunto:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Robert Ruddle shall be, and is hereby, dismissed this House; and that the Decree from which he appealed shall be, and is hereby, affirmed.

Conference about the Libel, called, "K. William and Q. Mary Conquerors, &c."

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

Which being ended, the House was resumed.

And the Lord Mulgrave reported, "That they had attended the Conference, and delivered the Resolution, as commanded."

The Earl of Lincolne came to the Table, and brought his Writ.

Which was read by the Clerk, as followeth:

E. of Lincoln's Writ of Summons.

"GULIELMUS & MARIA, Dei Gratia, Angl. Scotiæ, Franc. & Hib'niæ Rex & Regina, Fidei Defensores, &c. Charistimo Consanguineo Nostro Fran'co Comiti Lincoln. Salutem: Cum nuper, de Avisamento & Asseusu Concilii Nostri, pro quibusdam arduis & urgentibus Negotiis, Nos, Statum & Desensionem Regni Nostri Angl. & Ecclesiæ Anglicanæ concernentibus, præsens Parliamentum Nostrum apud Civitatem Nostram Westm. Vicesimo Die Martii, Anno Regni Nostri Secundo, teneri ordinabamus; & ibidem, cum Prælatis, Magnatibus, & Proceribus dicti Regni Nostri Colloquium habere et Tractatum; quod quidem Parliamentum Nostrum tunc & ibidem incept. fuerat; & abinde, per separales Prorogationes & Adjournationes, usque Vicesimum Sextum Diem Septembris ultim. præterit. continuat. fuerat; & ab eodem Vicesimo Sexto Die Septembris idem Parliamentum Nostrum usque ad & in Quartum Diem Novembris ultim. præterit. ulterius prorogat. suit, apud Civitatem Nostram Westm. prædict. ibidem tunc tenend. & prosequend. Vobis, sub Fide & Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate & Periculis incumbentibus, cessante Excusatione quacunque, ad Parliamentum Nostrum præd. personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, & Proceribus præd. super dictis Negotiis tractatur. vestrumque Consilium impensur. Et hoc, sicut Nos & Honorem Nostrum, ac Salvationem & Defensionem Regni & Ecclesiæ prædict. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Testibus Nobis ipsis, apud Westmonaster. Decimo Octavo Die Januarii, Anno Regni Nostri Quarto."

Lords who take the Oaths, to attend at First Sitting of the House.

And then, the Standing Order being read, "That those Lords who come to take the Oaths ought to attend at the First Sitting of the House," he withdrew.

Message from H. C. for a Conference about the Libel.

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

To desire a Conference with this House, upon the Subject-matter of the last Conference.

To which the House agreed.

Answer.

Then the Commons were called in, and told, "That the Lords agree to a Conference; and appoint it presently, in the Painted Chamber."

ORDERED, The same Managers of the last Conference do manage this.

After some little Time;

Conference about the Libel, intituled, "K. William and Q. Mary Conquerors."

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

Which being ended, the House was resumed.

And the Earl of Mulgrave reported, "That the Managers had attended the Conference; and Sir Edward Seymour said, "Before the Resolution of this House was communicated to them, they had considered of this Principle, and came to the Resolution following; (videlicet,)

Resolution of H. C. about it.

"Resolved, nemine contradicente, That the Assertion of King William and Queen Mary's being King and Queen by Conquest, is highly injurious to Their Majesties rightful Title to the Crown of this Realm, inconsistent with the Principles on which this Government is founded, and tending to the Subversion of the Rights of the People.

"Resolved, That this Resolution be communicated to the Lords, at a Conference."

E. of Lincoln's Patent and Pedigree to be inspected:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it shall be, and it is hereby, referred to the Lords Committees for Privileges, to inspect the Patent of the Earl of Lincolne, and his Pedigree; and report their Opinion thereupon to this House.

Not to take the Oaths till Report is made about them:

And it is further ORDERED, That the said Earl of Lincolne do not come into this House, to take the Oaths, before the Report be made from the Committee; which Committee is to sit To-morrow, at Four of the Clock in the Afternoon.

Heralds to attend, about his Pedigree.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Heralds at Arms do attend the Lords Committees for Privileges To-morrow, at Four of the Clock in the Afternoon, with the Pedigree of the now Earl of Lincolne.

Disaffected Persons, Bill to prevent Dangers from.

Hodie 2^a vice lecta est Billa, intituled, "An Act to prevent Dangers which may happen from Persons disaffected to Their Majesties Government."

After Debate,

The Question was put, "Whether this Bill shall be committed?"

It was Resolved in the Affirmative.

ORDERED, That this Bill shall be committed to a Committee of the whole House; and all the Lords summoned to attend, when the Day of Sitting shall be appointed.

Pollard versus Hungerford.

Upon reading the Petition of Thomas Pollard, Infant, per Guard. Respondentem, to the Appeal of Jane Hungerford and others; shewing, "That, the Fifth of February last, this House did direct a Trial at Law at Exeter, where the Appellant obtained a Verdict; which, upon Hearing in this House, was set aside, and a new Trial directed in the King's Bench; whereupon the Petitioner's Attorney prepared the Issue, and tendered a Copy thereof to the Appellant's Attorney, who refused to accept the same, whereby the Petitioner is kept out of his Money; and praying that Jane Hungerford and others may appoint an Attorney, to accept of the Issue, and take Notice for Trial, or that the Petitioner may be at Liberty to prosecute the said Jane Hungerford on the Decree in Chancery:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Jane Hungerford and others, Appellants in this House, shall appoint an Attorney, to accept of an Issue, and take Notice for Trial; or otherwise the said Thomas Pollard shall be at Liberty to proceed on the said Decree in Chancery.

E. Manchester versus L. Brooke.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel shall be heard, upon the Petition of the Earl of Manchester and the Answer of the Lord Brooke, by the Lords Committees for Privileges, on Friday next, at Four of the Clock in the Afternoon.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, (videlicet,) 26^um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.