Journal of the House of Lords: Volume 15, 1691-1696. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 21 Novembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Inhabitants of Oundle, &c. versus Barton & al.
Upon reading the Petition and Appeal of Sir John Sommers Knight, Their Majesties Attorney General, on Behalf of the several Towns of Oundle, Tansor, Cotterstock, and Glapthorne, in the County of North'ton, against a Decree and Dismission pronounced in the High Court of Chancery, by the late Lord Chancellor Jeffryes, the Two and Twentieth Day of February, 4° Jacobi Secundi, in certain Causes then and there depending, wherein His then Majesty's Attorney General, on Behalf of the Poor of the said Four Towns, was Informant, against Thomas Barton and others Defendants; and praying the Reversal of the said Dismission and Decree; and that the said Thomas Barton and other Persons concerned might put in their Answer to the said Appeal; it was, the Fifteenth Day of November Instant, ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Barton, and other the Persons therein named, should have a Copy of the said Appeal; and put in their Answers, in Writing, thereunto, upon Tuesday the Nine and Twentieth Day of November aforesaid; and the Parties concerned in the Prosecution of the said Petition of Appeal having since obtained Leave of this House to withdraw and amend the same; and praying a further Day for the Parties concerned to put in their Answers thereunto:
It is this present Day ORDERED, by their Lordships, That the said Thomas Barton, and also Doyley Norton Esquire, Mary Norton Widow, Charles Kirkham Esquire, Brian Saterthwaite and his Wife, Jonathan Welby Clerk, Filbrigg, Doctor Thomas Arnold, and John Filbrigg, may have a Copy of the said Petition of Appeal as amended; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on Saturday the Third Day of December next, at Ten of the Clock in the Forenoon.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable William Wake Gentleman, and William Wake Doctor in Divinity, to make Leases for Lives or Years, within the Manor of Shapwick, in the County of Dorsett."
ORDERED, That the Consideration of this Bill be committed to the Lords following:
(fn. 1) Arch. Yorke.
Epus. St. David's.
Epus. Bath & Wells.
Ds. Dela Ware.
Ds. Willoughby Par.
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.
Upon reading the Petition of John Ballet Gentleman; shewing, "That he is heartily sorry for his Offence and Contempt of this House, and begging Pardon for the same;" was called to the Bar, and reprimanded.
And thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Ballet shall be, and is hereby, discharged from the Confinement he now lies under (paying his Fees); and this shall be a sufficient Warrant on that Behalf.
To Sir Thomas Duppa, Gentleman Usher of the Black Rod, attending this House, his Deputy and Deputies, and every of them.
Sir Cesar Wood versus D. South'ton.
The House being this Day moved, "That the Duke of South'ton may have further Time for answering to the Petition of Sir Cesar Wood, alias Cranmer:"
It is ORDERED by the Lords Spiritual and Temporal in Parliament assembled, That his Grace the Duke of South'ton hath hereby Time given him for answering thereunto, until Saturday next, at Ten of the Clock in the Forenoon.
Their Majesties Answer about being attended.
The Lord Chamberlain acquainted the House, "That the Lords with White Staves have attended Their Majesties, to know what Time they will please to be waited on with the Addresses of this House: And Their Majesties have appointed Thursday next, at Three of the Clock in the Afternoon, in the Banqueting House in Whitehall."
The House was called over, beginning at the lowest Baron first; and these Lords following were absent; (videlicet,)
Absent Lords to be wrote to.
Upon reading over those Lords that were absent, the Letter following was ordered to be writ to them by the Speaker:
"The House being called over this Day, and your Lordship absent; I am commanded to acquaint your Lordship, that, unless you attend the House on Monday the Fifth Day of December next, or send Two Persons to attest upon Oath your Lordship's Disability by Sickness to attend the House, you will incur the further Displeasure of this House. I am.
"House of Peers, Nov. 21th, 1692."
Muschamp versus Burton.
Whereas there was a Petition and Appeal of Henry Muschamp brought into this House, on Monday the Fourteenth Instant, for setting aside the Enrolment of a Decree supposed to be pronounced by the Lord Chancellor Nottingham, the Eleventh Day of November, One Thousand Six Hundred Seventy-eight, as in the Petition is set forth; whereupon this Day was appointed for Phillip Burton Gentleman to answer thereunto; and upon reading the Petition of the said Phillip Burton; shewing, "That the said Decree was confirmed by the Lord Guilford in One Thousand Six Hundred Eighty-three; and, in February One Thousand Six Hundred Eighty-five, on hearing Counsel on both Sides before the Lord Jeffryes, was ordered to be signed and enrolled; and afterwards the Proceedings were referred to a Master, and certified to the Court; and, on a full Hearing, before the Lord Jeffryes, in February One Thousand Six Hundred Eighty-six, the Enrolment of the Decree was ordered to stand; and in February One Thousand Six Hundred Eighty-seven, there was another Re-hearing, and the former Decree enrolled was confirmed; and then a Bill of Review was brought by Mr. Muschamp, and, on a full Hearing, was dismissed; and that Mr. Muschamp having after these Proceedings obtained an Order in Chancery, of the Seventeenth of December One Thousand Six Hundred Ninety, to set aside the Enrolment of the Decree, Mr. Burton petitioned this House, and therein set forth the several Matters aforesaid; and this House, on the Nineteenth of December One Thousand Six Hundred Ninety-one, on a full Hearing of the said Matters, did discharge the said Order of December One Thousand Six Hundred Ninety, and all subsequent Orders made by the Court of Chancery;" and also shewing, "That Mr. Muschamp, by his Petition, would now draw into Examination again the several Matters upon which this House hath already given Judgement:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Henry Muschamp Esquire shall be, and is hereby, dismissed this House.
Then the Names being read, pursuant to the Order of the Seventeenth Instant, of those Lords who have given Protections to any Persons; and the Doorkeepers, being called in, acquainted the House, "That they had summoned such of their Lordships as are about or in the Town, to be here this Day."
And, upon reading the Names of the Persons protected, the House went into a Debate, upon the Earl of Lincolne's having protected several Persons.
And, after some Time spent therein,
This Question was put, "Whether the Protections given by the Earl of Lincolne, and entered in the Book, shall be now vacated?"
It was Resolved in the Negative.
Then the following Orders were made:
Lords who have given them to attend.
"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Edward Earl of Lincolne do attend this House To-morrow, at Ten of the Clock in the Forenoon, to give Reasons for his protecting Drue Deane, Benjamin Rawson, Barbara Roch, Richard Coney, and Peter Dugna.
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) 22um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.