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 Mercurii, 7 Decembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Hodie 1a vice lecta est Billa, intituled, "An Act to enable Abell Attwood to sell some Lands, to pay Debts, and make Provision for Younger Children."
Sir Geo. Parker's Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to enable Sir George Parker, of Ratton, in the County of Sussex, Baronet, to make a Settlement upon his Marriage, notwithstanding his Minority."
Nussey versus Sheppard & al.
Upon reading the Petition of Gilbert Nussey, Appellant; praying, a Day may be appointed for hearing of his Cause, whereunto William Sheppard and others are Respondents:
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 Wednesday the One and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon.
Books and Paper from the Officers of Ordnance.
The Officers of the Ordnance (by Mr. Charlton) brought into the House, pursuant to the Orders of the First of December Instant, Two Books, and One Paper of Names of Officers. And Mr. Charlton said, "That for the Issues of the Stores the Two last Years, they have not Time as yet to do them; but are ready to obey the House in all Things."
Advice to His Majesty:
Then the House was adjourned during Pleasure, and put into a Committee, pursuant to the Order Yesterday, to proceed in giving Advice to His Majesty, and considering the Papers brought in by the Earl of Nottingham.
And, after some Time, the House was resumed.
Motion for a Committee of both Houses to consider of it.
And the House was moved, "That a Committee of both Houses be appointed, to consider of Advice to be given to His Majesty, upon Consideration of the State of the Nation."
And, after Debate,
This Question was put, "Whether this House shall now send to the House of Commons, for a Conference; and to propose to them, That a Committee of both Houses should be appointed to consider of the present State of the Nation, and what Advice to give His Majesty upon it?"
It was Resolved in the Negative.
Protest against rejecting it.
"Leave having been asked, and given, that some Lords might protest, if the abovesaid Question was carried in the Negative; these Lords whose Names are hereafter subscribed do enter their Protestation, in the Reasons following:
"1. Because, His Majesty having particularly and expressly desired the Advice of His Parliament at this Time, when He so much seems to need it, no other Method was, or in our Opinions could be proposed, by which the Two Houses might so well and so speedily be brought to that Concurrence, which is necessary to render their Advice effectual.
"2. Because it appears', by some Papers already imparted to this House, that several Members of the House of Commons are concerned in the Matters before us, as having been so lately employed in His Majesty's Service: And we conceive it the easiest, properest, and fairest Way of Communication between the Two Houses, to have so great and important a Business transacted and prepared in a Committee so chosen.
"3. Because it cannot be expected, that so many Members of the House of Commons, from whom we shall need Information, can in any other Manner be here present so often, though with the Leave of their House, as will be necessary for a sufficient Inquiry into the several Affairs now under Consideration.
"4. Because, if the House of Commons intend also to give Advice to His Majesty, it is very probable that both Houses of Parliament may receive such Information severally, as will be thought fit to be communicated as soon as possible; and we conceive no Way of doing that can be so proper or speedy, as in a Committee of both Houses.
"5. Because, in a Time of such imminent Danger to the Nation, by reason of so many Miscarriages as are supposed generally to have been committed, the closest and strictest Union of both Houses is absolutely necessary, to redeem us from all that Ruin, which we have too much Cause to fear is coming upon us. |"SHREWSDURY.|MULGRAVE. "STAMFORD. |"MARLEBOROUGH.|MACLESFELD. "AILESBURY. |"DE LONGUEVILLE. ||"TORRINGTON. "MONTAGU.||CORNWALLIS. |"VAUGHAN.|BATHE. "MONMOUTH.||"WARRINGTON. "CHOLMONDELEY.|FITZWALTER. ||"CREWS.|GRANVILLE."
Jones versus Hellyer.
Upon reading the Petition and Appeal of Elizabeth Jones, Relict and Executrix of Cadwallader Jones Esquire, her late Husband, deceased, from a Decree in the Court of Chancery, made the Eighteenth Day of December, One Thousand Six Hundred Eighty-nine, in a Cause wherein the said Cadwalled'r Jones was Complainantt, against George Hellyer Esquire Defendant; and also from a subsequent Order made on hearing after reviving that Cause, the One and Twentieth Day of October, One Thousand Six Hundred Ninety-two; and praying, "that Cecilia Hellyer, Jacob Twyford, Gerrard Newcourt, and Walter Sisseile, may put in their Answers thereunto, and the Decree be reversed:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Cecilia Hellyer, Jacob Twyford, Gerrard Newcourt, and Walter Sisseile, may have a Copy of the said Petition and Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on Wednesday the One and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon.
Meyrick versus Hughes.
The House being moved, "That a Day may be appointed for hearing of the Cause wherein Edmund Meyrick Esquire and others are Appellants, and Charles Hughes and Anne Harding Respondents; and that Robert Price Esquire may enter into Recognizance for the Appellants:"
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 Two and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon; and that Mr. Price may enter into Recognizance, as desired.
E. Bristol excused.
This Day the Earl of Bristoll's Two Servants, James Gascon and Robert Newbolt, being sworn, attested, "That the Earl of Bristoll was ill."
Whereupon he was excused.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the House shall be put into a Committee, to proceed in the Bill, intituled, "An Act for preventing Suits against such as acted for Their Majesties Service, in the Defence of the Kingdom," on Friday next, at Ten of the Clock in the Forenoon.
Conyngliam versus Sir R. Creighton, alias Murray.
Whereas Friday next is appointed to hear Counsel further in the Cause wherein Lieutenant Colonel Conyngham is Appellant, and Sir Robert Murrey, alias Creighton, Respondent:
It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel further in the said Cause on Saturday next, at Ten of the Clock in the Forenoon; and that all the Judges do then attend the House.
Advice to the King.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, at Eleven of the Clock, this House shall be put into a Committee, to proceed upon Consideration of Advice to be given to His Majesty.
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, (videlicet,) octavum diem Decembris instantis, hora decima Aurora, Dominis sic decernentibus.