House of Lords Journal Volume 14: 7 December 1691

DIE Lunæ, 7 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Aylesbury's Bill.

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

To return Two Bills; one, intituled, "An Act for making a Twelve Years Lease, made by the Earl and Countess of Ailesbury for Payment of Debts (which was determinable on their Deaths), to have Continuance absolutely for those Twelve Years," with some Amendments, to which they desire their Lordships Concurrence.

The Amendments were read Twice, and agreed to.

Mathews' Bill.

The other, intituled, "An Act for settling a Jointure on Jane the Wife of Colonel Edward Mathews, Daughter of Sir Thomas Armstrong, deceased;" to which they have agreed, without any Amendment.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir John Darrell and others:

Who brought up a Bill, intituled, "An Act for the better ascertaining the Tithes of Hemp and Flax;" to which they desire the Concurrence of this House.

Sir T. Burton's Bill.

The Lord Cornwallis reported Two Bills; one, intituled, "An Act for the enabling of Sir Thomas Burton to sell Lands, for Payment of Debts," with some Amendments.

Which were read Twice, and agreed to; and ordered to be engrossed.

Goodwin's Bill.

The other, intituled, "An Act for the enabling of Thomas Goodwin the Younger, Gentleman, to sell Lands in Radway, in the County of Warwick, for the Payment of his Debts," with some Amendments.

Which were read Twice, and agreed to.

After Debate;

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

It was Resolved in the Negative.

Prize Bay Salt for the Navy, Bill.

Hodie 1^a vice lecta est Billa, "An Act for preserving Two Ships Lading of Bay Salt, taken as Prize, for the Benefit of Their Majesties Navy."

Upon the First Reading of the Bill, intituled, "An Act for preserving Two Ships Lading of Bay Salt, taken as Prize, for the Benefit of Their Majesties Navy:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners of Their Majesties Customs, and the Commissioners of Their Majesties Victualing-office, shall be heard to the said Bill on Saturday next, at Ten of the Clock in the Forenoon; and that the East India or Portugall Merchants, or any others, may be heard, if they please, at the same Time.

Penny versus Keymer.

Upon reading the Petition and Appeal of Edward Penny Gentleman, Henry Moore and Thomas Moore, Infants under the Age of One and Twenty Years, by the said Edward Penny their Guardian, from a Decree made in the High Court of Chancery on the Third Day of July, One Thousand Six Hundred and Ninety, wherein Mary Keymer was Plaintiff, and the Appellants were Defendants, and subsequent Orders, whereby the Appellant Penny is ordered to pay Costs; and praying that the Service of this Order upon her Clerk in Chancery may be good Service:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mary Keymer may have a Copy of the said Petition and Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on Monday the Fifteenth Day of this Instant December, at Ten of the Clock in the Forenoon; and that the Service of this Order on her Clerk in Chancery shall be good Service, in order to her answering as desired.

Penry & al. versus Walker & al.

Upon reading the Petition of Elizabeth Penry, the Widow of Rice Penry, deceased, Charles Penry, Elizabeth Penry, and Mary Penry, the Children of Rice Penry and under Age, by their Guardians, Sir John Powell Knight One of the Justices of the Court of Common Pleas, Charles Hughs and John Walters Esquires, Trustees for the said Children; complaining of a Decree made by the Lords Commissioners of the Great Seal, the 1st of July, 1690, on the Behalf of Thomas Walker Esquire, Elizabeth his Wife, Katherine Games, Richard Lucy Clerk, and Florence his Wife, Sisters and Coheirs of John Games, deceased; and praying, "That all Proceedings on the said Decree may be stayed, and the Respondents to this Petition answer thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Walker Esquire, Elizabeth, Katherine Games, and Florence, may have a Copy of the said Petition, and be, and they are hereby, required to put in their Answer, or respective Answers thereunto, in Writing, on Thursday the Seventeenth Day of this Instant December, at Ten of the Clock in the Forenoon; and that, in the mean Time, all Proceedings on the said Decree may be stayed; whereof the Petitioners are to cause Notice to be given to the Respondents, to the End they answer accordingly.

Spooner versus Peacock.

Whereas the Three and Twentieth Day of November last was appointed for Henry Spooner and his Wife, and others Defendants, to answer to the Petition of Thomas Peacock, which they have not done, they dwelling above Thirty Miles from the Appellant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Spooner and his Wife, and others, Defendants, do answer thereunto on Monday the Fourth Day of January next, at Ten of the Clock in the Forenoon.

Stickland versus Coker.

The House being this Day moved, on the Behalf of John Stickland, Thomas Greene, and Mary his Wife, Petitioners in an Appeal from a Decree in Chancery, on the Behalf of Robert Coker Respondent, which was formerly appointed to be heard, at the Bar of this House, in December 1685; and that the Deeds and Writings made Use of at the Hearing in Chancery may be produced at the Hearing before the House:

It is this Day 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 the Eleventh Day of January next, at Ten of the Clock in the Forenoon: And it is further ORDERED, That, at the said Hearing, the said Robert Coker do produce all such Deeds, Evidences, and Writings, as were made Use of or produced in the Court of Chancery at the Hearing there, on the Behalf of the said Robert Coker; whereof the said John Stickland and others are to cause Notice to be given to the Defendant, to the End he attend with his Counsel, and bring the Deeds and Evidences accordingly.

D. of Norfolk, Petition.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees for Privileges do meet on Friday next, at Four of the Clock in the Afternoon, in the House of Peers; and that then they do hear the Case, upon the Petition of Henry Duke of Norfolke Earl Marshal of England, by his Counsel, and the Barons of Their Majesties Court of Exchequer, who are then to attend the said Committee; and report to the House.

E. Stamford versus E. Suffolk.

Whereas this Day was appointed for the Right Honourable George Earl of Suffolke to answer to the Petition of Thomas Earl of Stamford; the Earl of Suffolke this Day desiring, "That he may be heard, by his Counsel, before the Lords Committees for Privileges, to answer to the said Petition:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees for Privileges do hear the said Earl of Suffolke and Earl of Stamford, by their Counsel, upon the said Petition, on Friday next, at Four of the Clock in the Afternoon; and report to the House.

Proxies in Preliminaries to Judgements.

Upon reading the Order of the First Instant, for appointing this Day, for considering whether the Order of the Eleventh of November, One Thousand Six Hundred Eighty-nine, for allowing Proxies to be made Use of in Preliminaries to Judgements:

After Debate, this Question was put,

"Whether the present Debate shall be adjourned?"

It was Resolved in the Affirmative.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That on Monday the Fourteenth Day of this Instant December this House shall take up the Debate that Day, "Whether Proxies shall "be used in Preliminaries to Judgement;" and that all the Lords shall be summoned then to attend.

Question in Appeals to be put, for reversing.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That, for the future, upon giving Judgement in any Cases of Appeals, or Writs of Error in this House, the Question shall be put for reversing, and not for affirming; and that this be added to the Roll of Standing Orders.

Asheton versus Asheton

Upon reading the Petition of Richard Ashton Esquire, Respondent to the Petition and Appeal of Sir Edmond Ashton Baronet; shewing, "That the Respondent was served with the Order of the 24th of November last, for answering on Saturday last; and that his Papers relating thereunto are in Lancashire; and praying a Fortnight's Time longer for answering thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Ashton Esquire hath hereby Time given him for answering thereunto, until Monday the Fourteenth Day of this Instant December, at Ten of the Clock in the Forenoon.

Public Accompts.

This Day George Tallet delivered, at the Bar, a Book of Accompts, from the Commissioners appointed by an Act for appointing and enabling the Commissioners to examine, take, and state, the Public Accompts of the Kingdom; and, upon Oath, declared, "It was the same he had from the Commissioners."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall read the said Book of Accompts To-morrow, at Twelve of the Clock; and that all the Lords be summoned then to attend.

English versus Zouch.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause, this Day appointed to be heard, wherein Thomas English is Plaintiff, and James Zouch Defendant, shall be heard, by Counsel on both Sides, at the Bar, on Thursday the Tenth Day of this Instant December, at Ten of the Clock in the Forenoon.

Entry in the Journal about Informations concerning intercepted Papers.

ORDERED, That the Committee appointed to draw what is to be entered in the Journal, upon the Lord Keveton's Information, and hearing several Persons, concerning Papers taken in a French Vessel, be revived; to meet To-morrow, at Nine of the Clock in the Forenoon.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, (videlicet,) 8^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.