House of Lords Journal Volume 15: 6 February 1693

DIE Lunæ, 6 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

L. Chief Baron chose Speaker.

The House chose the Lord Chief Baron Speaker of this House.

Then he presented a Commission from His Majesty, appointing him Speaker; which was read, as followeth:

Commission appointing him Speaker.

"Williamr.

"William and Mary, by the Grace of GOD, King and Queen of England, Scotland, France, and Ireland, Defenders of the Faith, &c. to Our Trusty and Well-beloved Sir Robert Atkyns, Knight of the Order of the Bath, and Chief Baron of Our Court of Exchequer, greeting: Know ye, that We, trusting in your approved Fidelity, Wisdom, and Discretion, and to the End such Matters and Business as to the Place and Room usually supplied by the Lord Chancellor or Lord Keeper of the Great Seal of England, in Our Upper House of Parliament, may be in all Things executed as appertaineth in the said House of this present Parliament now holden at Westminster, amongst the Lords Spiritual and Temporal there assembled, as by the said Lord Chancellor or Lord Keeper hath been accustomed; We have named and appointed, and by these Presents do constitute, name, and authorize you, from Day to Day and from Time to Time hereafter, during Our Pleasure, to use, occupy, and supply, the said Room and Place of the said Lord Chancellor or Lord Keeper in Our said Upper House of Parliament, amongst the said Lords Spiritual and Temporal there assembled; and then and there to do and execute all such Things as the said Lord Chancellor or Lord Keeper of the Great Seal should or might in that Behalf do, if he were there personally present, using and supplying the same Room: Wherefore We will and command you the said Sir Robert Atkyns to attend and execute the Premises with Effect; and these Our Letters Patents shall be your sufficient Warrant and Discharge for the same in every Behalf. In Witness whereof, We have caused these Our Letters to be made Patents.

"Witness Ourselves, at Westm'r, the Sixth Day of February, in the Fourth Year of Our Reign.

"Per ipsum Regem, propria Manu signat.

"Chute."

PRAYERS.

L. Shannon's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act concerning the Lord Shannon's Estate."

ORDERED, That the Consideration hereof be committed to the Lords following:

Their Lordships, or any Three 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.

Gardiner versus African Company.

The House being moved, "That a Day may be appointed for hearing of the Cause wherein John Gardiner and Letitia Bawden are Appellants, and the Affrican Company Respondents:"

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 Saturday the Eleventh Day of this Instant February, at Ten of the Clock in the Forenoon.

L. Stawell's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Payment of the Debts of John Lord Stawell, lately deceased."

ORDERED, That the Consideration of this Bill shall be committed to the Lords following:

Their Lordships, or any Five of them; to meet on Thursday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Muschamp versus Burton.

The House being moved, "That a Day may be appointed for hearing of the Cause wherein Henry Muschamp Esquire is Appellant, and Phillip Burton Respondent:"

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 Monday the Thirteenth Day of this Instant February, at Ten of the Clock in the Forenoon.

Creech versus Maundrell.

The House being this Day moved, on the Behalf of Henry Creech Appellant, as also on the Behalf of Robert Maundrell and others Respondents, "That they may have Liberty to withdraw their Appeal and Answer depending in this House:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That they have hereby Liberty to withdraw their Appeal and Answer, as desired.

Gates versus Praed.

The House being this Day moved, "That Agnes Gates may be at Liberty to withdraw her Appeal depending in this House, to which John Praed is Respondent:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Agnes Gates hath hereby Leave to withdraw her Appeal, as desired.

Warre versus Attwood.

The House being this Day moved, "That William Warr may be at Liberty to withdraw his Appeal depending in this House, to which Edward Atwood and others are Respondents:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Warr hath hereby Leave given him to withdraw his Appeal, as desired.

Chetham versus Humphries.

Upon reading the Petition and Appeal of Ralph Chetham Gentleman, Administrator of the Goods and Chattels, Rights and Credits, of George Beale Esquire deceased, from a Decree made in the Court of Chancery, the Six and Twentieth Day of November, One Thousand Six Hundred Ninety-two, in a Cause there depending, between the Petitioner Complainant, and Toby Humphryes Esquire Defendant; and praying the Reversal of the said Decree:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Toby Humphreys may have a Copy of the said Petition; and shall and is hereby required to put in his Answer thereunto, in Writing, on Monday the Thirteenth Day of this Instant February, at Ten of the Clock in the Forenoon.

Warden of The Fleet, Office of, for selling to pay Debts, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Sale of such Interest as Thomas Bromhall an Infant, hath in the Office of the Warden of The Fleete, and in Thirteen Houses adjoining, and in an Office of the Custody and Keeping of the Palace at Westminster, for the more effectual Payment of Debts."

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. Meredith:

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

L. Mohun's Trial to be printed.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord High Steward of England, and Speaker of this House at the Trial of Charles Lord Mohun, is hereby desired to give Order for the Printing and Publishing of the said Trial.

E. Ailesbury fined 100 l. for not attending the Trial.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Thomas Earl of Ailesbury shall pay, or cause to be paid, unto the Clerk of the Parliaments, the Sum of One Hundred Pounds (for his not attending at the Trial of Charles Lord Mohun), to be disposed of to the Poor of the Parish of St. Ann's, on or before Monday the Thirteenth Day of this Instant February; and, in Default of Payment thereof, he shall be committed to Their Majesties Tower of London.

Bangor House Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Humphry Lord Bishop of Bangor to make a Lease of Bangor House, with the Appurtenances, in the Parish of St. Andrew's Holbourne, London, for a competent Term of Years, in order to the new-building and improving the Rent thereof, for the Benefit of his Successors."

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 Cook and Mr. Meredith:

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

East India Company versus Regem.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein the East India Company are Appellants, and Their Majesties Attorney General Respondent, on Tuesday the Fourteenth Day of this Instant February, at Ten of the Clock in the Forenoon.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Colonel Tytus and others:

Who brought up a Bill, intituled, "An Act for reviving Two former Acts of Parliament, for the repairing the Highways in the County of Hertford;" to which they desire the Concurrence of this House.

Hertford Highways, Bill.

Then, Hodie 1^a vice lecta est Billa, intituled, "An Act for reviving Two former Acts of Parliament, for the repairing the Highways in the County of Hertford."

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Robert Davies and others:

Who brought up a Bill, intituled, "An Act for transferring the Collection of the Duty of Alnage to the Custom-house, and for giving a Recompense to the Crown for the same;" to which the Concurrence of this House is desired.

Alnage Duty, for transferring to the Custom-house, Bill.

Then, Hodie 1^a vice lecta est Billa, intituled, "An Act for transferring the Collection of the Duty of Alnage to the Custom-house, and for giving a Recompense to the Crown for the same."

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for the naturalizing of Henry Sheibell and others;" to which the Concurrence of this House is desired.

Sheibell & al. Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the naturalizing of Henry Sheibell and others."

Sir Symon Leach versus Thompson.

Upon reading the Petition of Sir Symon Leach Knight of the Bath, for and on the Behalf of himself and about Thirty of his Tenants; shewing, "That, since the Judgement of this House upon his Writ of Error, unto which Thomas Thompson was Defendant, Charles Leach and Thomas Thompson have, by one Mr. John Northmore and one Baker, as their Attorney and Solicitor, brought a new Action in Ejectment in the Common Pleas, and delivered Declarations in Ejectment to the Petitioner and his Tenants, whereby to have a new Trial on the same Title already judged; and praying Relief therein:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear One Counsel on either Side thereupon, on Wednesday the Eighth Day of this Instant February, at Ten of the Clock in the Forenoon; and that the Service of this Order upon William Baker shall be sufficient Notice, in order thereunto.

Bayly versus Robsor.

Upon reading the Petition of Sarah Bayly:

The Order of the Eight and Twentieth of January last was read, and altered, in order to have a Trial at Law upon the same Issue as before; and allowed to give the Partnership and any other Proof in Evidence at the Trial.

Towers Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Manor of Barescroft, otherwise Thonock, otherwise Low Thonock, Hinton, otherwise Hengton, and other Lands in the County of Lincolne, Isle of Ely, and Counties of Cambridge and Norfolke, in Trustees, for Payment of the Debts of Thomas Towers Esquire, and making Provisions for his Wife and Daughter."

Baron versus Haward.

The House being moved, "That Robert Baron may enter into Recognizance for Christopher and William Baron, upon their Appeal depending in this House:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Baron may enter into Recognizance, as desired.

Marston versus Marston.

Upon reading the Petition of Joseph Marston; praying further Time for answering to the Appeal of William Marston:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Joseph Marston hath hereby Time allowed him for answering thereunto, until Friday the Tenth Day of this Instant February, at Ten of the Clock in the Forenoon.

Hinde's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the vesting a Messuage and Lands in Trustees, to be sold, for Payment of the Debts of Abraham Hinde, deceased."

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. Meredith:

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

Minutes upon Judgements to be read the Day they are given.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Clerks shall read the Minutes upon Judgements in Appeals, at the Rising of the House, the same Day it is given.

E. Strafford excused;

Benjamin Greson and George Tinston attested, upon Oath, "That the Earl of Strafford was not able to attend the House, being very ill, and not able to stir."

Whereupon he was excused.

and E. Berkeley.

Francis Broxy and William George attested, upon Oath, "That the Earl of Berkeley was very ill and weak."

Whereupon he was excused.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) 7^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.