Journal of the House of Lords: Volume 14, 1685-1691. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 10 Decembris.
Late E. of Salisbury's Debts, Legacies, &c. for Payment of, Bill.
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 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.
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.
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.
Hodie 1a 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.
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.
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.
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.
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.
Report of it:
"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.
"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"].
Lords agree to the Amendments:
Message to H. C. to acquaint them with it.
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, (videlicet,) 11um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.