House of Lords Journal Volume 14: 22 December 1691

DIE Martis, 22 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Strode versus Chichester.

Upon reading the Petition and Appeal of Samuell Strode, Anne his Wife, and Jane his Daughter, from a Decree made by the Lords Commissioners of the Great Seal of England, the Seventh Day of this Instant December, on the Behalf of Henry Chichester and his Wife; and praying the Reversal of the said Decree:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Chichester may have a Copy of the said Petition and Appeal; and be, and is hereby, required to put in his Answer thereunto, in Writing, on Tuesday the Fifth Day of January next, at Ten of the Clock in the Forenoon.

Deer-stealers to punish, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the more effectual Discovery and Punishment of Deer-stealers."

Phillips versus Phillips.

Upon reading the Petition of Elizabeth Phillips, being an Appeal from a Decree made, the Three and Twentieth of June last, of Dame Marina Phillips, et e contra; and praying the Reversal of the said Decree; and that the Service of this Order on the now Defendant's Clerk in chancery may be good Service:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Dame Marina Phillips may have a Copy of the said Petition; and be, and she is hereby, required to put in her Answer thereunto, in Writing, on Tuesday the Nine and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon; and that the Service of (fn. 2) her Clerk in Chancery shall be good Service.

Killegrew versus Sayer.

Upon reading the Petition of Sir William Killegrew; shewing, "That the Petitioner hath brought up the Record, and assigned Errors thereupon, to which George Sayer is Defendant; and praying, that the Defendant Sayer may join Issue, and a Day appointed for hearing the same:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said George Sayer do join Issue thereupon, on or before Tuesday next, at Ten of the Clock in the Forennon; and that this House will hear the Errors argued thereupon, on Tuesday the Twelfth Day of January next, at Ten of the Clock in the Forenoon.

Duke of Leinster Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing of Mainhardt Duke of Leinster."

Shelton's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Sale of several Lands, for Payment of the Debts and Legacies of Maurice Shelton and others; and for settling other Lands instead of them."

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 to the Commons, and desire their Concurrence thereunto.

Cullum's Bill.

The Lord Cornwallis reported the Bill, intituled, "An Act for enabling Sir Dudley Cullum Baronet to raise Money, to pay his Brothers and Sisters Portions," as fit to pass, without any Amendment; and ordered the said Bill to be engrossed.

Pember's Bill.

The Lord Cornwallis reported the Bill, intituled, "An Act to enable Thomas Pember Gentleman to sell his Estate, for Payment of his Debts, and making Provision for his Daughters."

Upon Consideration of the Bill being specially reported;

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

It was Resolved in the Negative.

Curtis's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more speedy Payment of the Debts of Elizabeth Curtis Widow, late deceased; and Performance of an Agreement touching the same, made between Charles Curtis in his Life-time and Edward Earle, according to a Decree in the High Court of Chancery."

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 to the Commons, and desire their Concurrence thereunto.

Holt's Bill to divest Fountain of Lands for Payment of a Mortgage.

Hodie 1^a vice lecta est Billa, intituled, "An Act for divesting the Manor or Lordship of Bushwood and Lopwoth, and several other Lands, Tenements, and Hereditaments, in the County of Warwick, out of Andrew Fountaine Esquire, and vesting the same in Trustees, for raising and paying a Debt due upon a Mortgage thereof taken in the Name of the said Andrew Fountaine."

Halford's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to vest divers Manors, Lands, and Tenements in the County of Leicester, in Trustees, to be sold, for the Payment of the Debts and Legacies of Sir William (fn. 3) Holford Knight, deceased, and for Payment of other Debts of Sir William now living, prior to the Marriage Settlement with the Lady Frances his now Wife."

ORDERED, That the Consideration of the said 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.

Herbert versus Le Brun & al.

Upon reading the Petition and Appeal of Charles Herbert and Bartholomew Evans Yeoman, from a Decree made in the High Court of Chancery, the Twelfth Day of December, in the Second Year of Their Majesties Reign, in a Cause there depending, between Cornelius Le Brun and Anne his Wife, Oliver Howell Gentleman Mary his Wife, William Corbet Gentleman and Elianor his Wife, Complainants, against the Appellants and others Defendants:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Cornelius Le Brun and Anne his Wife, Oliver Howell Gentleman and Mary his Wife, William Corbet Gentleman and Elianor his Wife, may have a Copy or Copies of the said Petition and Appeal; and be, and they are hereby, required to put in their Answer or respective Answers thereunto, in Writing, on Tuesday the Fifth Day of January next, at Ten of the Clock in the Forenoon.

L. Cutts & al. against the E. of Derby's Bill.

Upon reading the Petition of John Lord Cutts, Sir William Glynn Baronet, John Twisleton Esquire, Edward Sayer, and William Lightfoote, on Behalf of themselves and divers others interested in opposing the passing of a Bill now depending in this House, intituled, "An Act for restoring of William George Richard Earl of Derby to the Manor of Mould and Mouldsdale, and the Castle and Manor of Hawarden, and the Advowson of the Church of Hawarden, in the County of Flint, the Manor of Bidston, in the County Palatine of Chester, and the Manor of Broughton and the Bailiffwick of Loynsdale, in the County Palatine of Lancaster; praying a reasonable Time to be heard, at the Bar, against the said Bill:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners and others shall be heard, by their Counsel, at the Bar, against the said Bill, on Tuesday the Nineteenth Day of January next, at Ten of the Clock in the Forenoon.

Votes of H. C. concerning East-India Company Regulations.

A Debate this Day arising, concerning the Regulations of the East-India Company:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Debate of this Business shall be, and is hereby, adjourned to To-morrow, at Ten of the Clock in the Forenoon; and that all the Lords in and about the Town be summoned then to attend the House.

Penry versus Walker.

The House was this Day moved, "That a Day may be appointed for hearing the Cause wherein Elizabeth Penry is Plaintiff, and Thomas Walker Defendant."

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 Thursday the Fourteenth Day of January next, at Ten of the Clock in the Forenoon.

ORDERED, That the Report of the Orphans Bill shall be made To-morrow, at Ten of the Clock in the Forenoon.

Public Accompts.

The House was adjourned during Pleasure, and put into a Committee, to consider further of the Book of Public Accompts, and the Observations thereon, sent to this House by the Commissioners appointed by a late Act of Parliament for taking the Public Accompts of the Kingdom.

And, after some Time spent therein, the House was resumed.

And the Earl of Fauconberge reported, "That the Committee had gone through the Observations, and had agreed upon some Queries to be sent to the Commissioners of Accompts; and that the Committee desired a Time might be appointed for their Sitting again."

Upon which, the following Order was made:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the House shall be put into a Committee again upon Tuesday the Twenty-ninth Instant, at Eleven of the Clock to read and consider of the Book of Accompts, and Memorandums thereon;. and that the Executor of Mr. Charles Tolls do then attend the said Committee, and the Person that succeeds in his Office or Place."

Albyn versus Moyer.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause which was this Day appointed to be heard, wherein Benjamine Albin is Plaintiff, and Samuell Moyer Defendant, shall be heard, by Counsel on both Sides, at the Bar, Tomorrow, 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 Mercurii, (videlicet,) 23^um diem instantis Decembris, hora nona Aurora, Dominis sic decernentibus.