House of Lords Journal Volume 14: 10 December 1691

DIE Jovis, 10 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Late E. of Salisbury's Debts, Legacies, &c. for Payment of, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better securing the Portions, Debts, and Legacies, given and owing by James late Earl of Salisbury."

Message from H. C. for a Conference, on Oaths in Ireland, Bill.

A Message was brought (fn. 1) from the House of Commons, by Sir Thomas Clarges and others:

To desire a Conference, upon the Subject-matter of the last Conference, upon the Bill, intituled, "An Act for abrogating the Oath of Supremacy in Ireland, and appointing other Oaths."

To which the House agreed; and the Commons were called in, and told, "That the Lords agree to a Conference, as desired; and appoint the same presently, in the Painted Chamber; and the same Managers that reported the last Conference to manage this."

E. of Winchilsea's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enabling the Right Honourable Charles Earl of Winchelsea to settle a Jointure upon any Wife he shall marry during his Minority."

Moore's Bill.

The Lord Cornwallis reported Two Bills from the Committee: One, intituled, "An Act for enabling Francis Moore of Essex Esquire, to sell the Manor of Bayhowse and Lands in West Thorock, in the County of Essex, and to purchase and settle other Lands in Lieu thereof;" which is passed through, without any Amendment.

ORDERED, That the said Bill be engrossed.

Smith's Bill.

The other, intituled, "An Act to enable Trustees to sell the Estate of Edmund Smith Esquire, deceased, to raise Money, for the Payment of his Debts, and to make Provision for his Children, who are Infants;" to which they have made some Amendments.

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

Martin's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Sale of the Manor of Manworthy, with the Appurtenances, in the County of Devon, being the Lands and Estate of Nicholas Martyn Esquire, by Trustees herein after named, for the Payment of the Debts of the said Nicholas Martyn."

Tithes of Hemp and Flax Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better ascertaining the Tithes of Hemp and Flax."

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.

Muschampe versus Burton.

The House being this Day moved, on the Behalf of Henry Muschampe Esquire, Respondent to the Appeal of Phillip Burton Esquire depending in this House, "That a short Day may be appointed for hearing the said Cause:"

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 Nineteenth Day of this Instant December, at Ten of the Clock in the Forenoon.

Mason versus Onslow & al. Executors in Trust for Duncomb.

Upon reading the Petition of Nicholas Mason; shewing, "That he hath an Appeal depending in this House, wherein he is Plaintiff, against Sir George Woodruffe, Arthur Onslow Baronet, and Rich'd Symes Gentleman, Defendants, who were Executors in Trust for Roger Duncomb Esquire; which Cause hath been several Times appointed to be heard; and that his Appeal is only for Performance of a Trust devolved upon Sir Richard Onslow and other the Respondents to the Petitioner's Appeal:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Appeal shall be, and is hereby, revived; and that the said Sir Richard Onslow and others may have a Copy of the said Petition; and they are to put in their Answer to the said Appeal on Saturday the Nineteenth Day of this Instant December, at Ten of the Clock in the Forenoon.

Zouch versus English.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of James Zouch Esquire, from a Decree made by the Lords Commissioners of the Great Seal of England, in the Court of Chancery, in a Cause there depending, between Thomas English and Dorothy his Wife, the Apellant's Sister, Complainants, and the Petitioner Defendant, & è contra; as also upon the Answer of the said Thomas English 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 Decree complained of in the Petition and Appeal of the said James Zouch Esquire shall be, and is hereby, reversed, without Prejudice to the Respondent English's Demand to the Fifteen Hundred Pounds given the Respondent Dorothy by her Father's Will.

Order concerning the bringing in of Private Bills.

The House being moved, "That the Order made the Fourth Instant, for receiving Bills at the Committee for Petitions, may be revoked:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order, made the Fourth Instant, shall be, and is hereby, revoked: And it is further ORDERED, That for the future no Private Bill shall be brought into this House, to be read the First Time, before Twelve of the Clock; and that the Lord who brings in the Bill shall open the Substance thereof.

L. Widdrington versus E. of Derby.

Upon receiving the Answer of the Earl of Derby, to the Petition of the Lord Viscount Widdrington:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Answer shall be, and is hereby, referred to the Lords Committees for Privileges; who are to report their Opinion thereupon to this House.

Chancery, &c. Bills of Review, Bill.

It is ORDERED, That the Bill concerning Reviews in Chancery shall be reported from the Committee Tomorrow, at Twelve of the Clock.

Causes put off.

It is ORDERED, That the Causes appointed to be heard To-morrow, wherein Mary Hibbert Widow is Plaintiff, and Nathaniell Leech is Defendant; and the other, wherein Bromhall is Plaintiff, and Manlove Defendant; shall be heard on Friday the Eighteenth Day of this Instant December, at Ten of the Clock in the Forenoon.

Whiteing versus Webb.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause appointed to be heard this Day, wherein John Whiteing is Plaintiff, and Nathaniell Webb Defendant, shall be heard Tomorrow, at Nine of the Clock in the Forenoon.

Conference on the Oaths in Ireland, Bill.

The Commons being come to the Conference, the Managers Names were read; and the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

Report of it:

And the Duke of Bolton reported, "That the Lords had attended the Conference; and that the Commons had agreed to several Parts of the Amendments, so far as the Articles extend.

"The Commons observe, that your Lordships insist on the Provisos beginning at ["Provided"], Skin the 3d, Line the 3d, of the Amendments, because the Subject-matter of them was in the Articles of the Treaty for the Surrender of Limerick.

"But, upon Consideration of these Articles, they find that there are some Expressions in the said First Proviso larger and more comprehensive than the Articles themselves; and therefore they agree with your Lordships in so much of it only as is within the said Articles; because they cannot believe it to be your Lordships Intentions to grant a greater Privilege to such Persons than they themselves, by the said Articles, demanded or provided for.

"And they offer these Amendments following, (videlicet,)

"3 Skin, Line 5. After the Word ["who"], in the 5th Line of the 3d Skin of the Amendments, leave out all that follows, to the Word ["on"] in the 9th Line of the same Skin.

"Line 9th. After the Word ["the"], in the same Line, leave out the Word ["said"]; after the Word ["October"], in the 10th Line, add ["One Thousand Six Hundred Ninety-one"].

"Line 20th. After the Word ["or"], in the 20th Line of the same Skin, leave out the Words ["before that Time"], and insert the Words ["were then"].

"After the Word ["Law"], in the 27th Line of the same Skin, add the Word ["or"]; and after the Word ["Physic"], in the same Line, leave out ["or other"]; and in the 28th Line of the same Skin, leave out the Word ["Science"].

"Line 30th. And after the Word ["notwithstanding"], in the 30th Line of the same Skin, add the Clause marked [C]."

Lords agree to the Amendments:

Then the Reasons for the Amendments were read; and the Amendments also read Twice, and agreed to.

Message to H. C. to acquaint them with it.

Then a Message was sent to the House of Commons, by the Lord Chief Justice Holt and Baron Powell:

To let them know, the Lords have agreed to their Amendments to the Lords Amendments in the Bill, intituled, "An Act for abrogating the Oath of Supremacy in Ireland, and appointing other Oaths."

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, (videlicet,) 11^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.