House of Lords Journal Volume 14: 14 December 1691

DIE Lunæ, 14 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Hatton, Leave to be absent.

Leave was given to the Lord Viscount Hatton to go out of Town, for his Health.

L. Waldgrave's Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable Trustees of the Right Honourable James Lord Waldegrave to make Leases, and grant Copy hold Estates, for Payment of the Debts of Henry Lord Waldegrave his Father, deceased."

E. of Winchelsea's Bill.

Hodie 2^a vice lecta est Billa, "An Act to enable the Earl of Winchelsea to make a Jointure during his Minority."

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

Their Lordships, or any Five of them; to meet on Wednesday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers.

Smith's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Trustees to sell the Estate of Edward Smith Esquire deceased, to raise Money for the Payment of his Debts, and to make Provision for his Children, who are Infants."

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 Sir John Hoskins:

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

Prize Bay Salt for the Navy, Bill.

After hearing this Day the Commissioners of Their Majesties Victualling-office, and the Commissioners of the Customs, to the Bill, intituled, "An Act for preserving Two Ships Lading of Bay Salt, taken as Prize, for the Benefit of Their Majesties Navy;" and Debate thereupon;

This Question was put,

"Whether this Bill shall be read the Second Time?"

It was Resolved in the Affirmative.

Hodie 2^a vice lecta est Billa, intituled, "An Act for preserving Two Ships Lading of Bay Salt, taken as Prize, for the Benefit of Their Majesties Navy."

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.

Informations concerning intercepted Papers.

The Earl of Rochester reported from the Committee, what is to be entered in the Journal, upon the Lord Keveton's Information, concerning Papers taken in a French Vessel.

Which was read, and agreed to, as followeth:

"Upon hearing, the Fifth of December Instant, what Captain Martin said upon Oath; and afterwards the Lord Keveton, in his Place, having expressed himself to the Effect following, "That he did verily believe he had seen a Copy of a Letter from the Earl of Nottingham, in the Packet taken on Board the French Vessel, as he had formerly informed this House; yet acknowledging he was in great Haste when he saw that Packet, by reason of the Badness of the Weather, which obliged him to return on Board his own Ship as soon as possibly he could; and considering the Worth and Integrity of Sir Ralph Delavall and Captain Martin, who had more Leisure than his Lordship had to consider all the Papers that were found in the said Packet, who both agreed in their Informations to this House, that there was no Copy of any Letter from the Earl of Nottingham taken in the said Packet; his Lordship having owned that he believed himself mistaken in his former Affirmation, which was occasioned, as his Lordship believes, from having seen the Earl of Nottingham's Name in the Beginning of Monsieur Ginckle's Letter to Sir Ralph Delavall, of which there were Two or Three Copies found in the said Packet:" Their Lordships are of Opinion, upon all the Informations they have taken of this Matter, that there was not a Copy of any Letter from the Earl of Nottingham to Sir Ralph Delavall taken on Board the said French Vessel."

The House agreed, to send to the House of Commons, for a Conference on this Business.

Chancery, &c. Bills of Review, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better reviewing of Causes in Chancery and other Courts of Equity."

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 Sir John Hoskins:

To carry down the said Bill, and desire their Concurrence thereunto; and also to desire a Conference, Tomorrow, at Eleven of the Clock, upon the Subjectmatter of a former Conference desired by them, concerning Papers taken in (fn. 1) a French Vessel.

Message from thence, with a Bill.

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

Who brought up the Bill, intituled, "An Act for granting to Their Majesties certain Impositions upon Beer, Ale, and other Liquors, for One Year."

Public Accompts.

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

Moyer versus Albyn.

Upon hearing Counsel this Day, upon the Petition and Appeal of Benjamine Albin Merchant, as also the Counsel of Samuell Moyer; who said at the Bar, "That they were not ready to prove Letters which were (as they said) read in Chancery; praying another Day for Hearing:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause on Tuesday the Two and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon.

Scroggs versus Gawdy.

The House being this Day moved, "That Sir William Scroggs may have some Time longer, to answer to the Petition of Anthony Gawdey Esquire, he being sick of the Gout in the Country:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir William Scroggs hath hereby Time given him for answering thereunto, until Monday the One and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon.

Answer from H. C.

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

That the Commons will give a Conference, as desired.

Message from thence, to return the Hemp and Flax Bill.

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

To return the Bill, intituled, "An Act for the better ascertaining the Tithes of Hemp and Flax;" and to acquaint the House, that they have agreed to their Lordships Amendments to the Bill.

Message from thence, to return Bp. of Ely's Bill.

A Message was brought from the House of Commons, by Sir Joseph Tredenham and others:

To return the Bill, intituled, "An Act for the settling a Fee Farm Rent of One Hundred Pounds per Annum upon the Bishop of Ely and his Successors, to be issuing out of Hatton Garden; and for settling and assuring the same, subject to the said Rent, upon Christopher Lord Viscount Hatton, his Heirs and Assigns for ever," with some Amendments; to which they desire their Lordships Concurrence.

Penry versus Walker.

The House being moved, "That Lewis Lloyd, Solicitor, may enter into Recognizance for Mrs. Elizabeth Penry Widow, upon her Appeal:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lewis Lloyd may enter into Recognizance for Mrs. Penry, as desired.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, (videlicet,) 15^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.