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, 23 Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Gardner versus African Company.
Upon reading the Petition and Appeal of John Gardner Merchant, and Dame Letitia Bawdon, Widow and Executrix of Sir John Bawdon deceased, from an Order made in the Court of Exchequer the Seventh Day of May last, and from a Decretal Order made in the said Court the Thirteenth Day of June, in a Cause there then depending, between the Petitioners Plaintiffs, and the Royal Affrican Company of England Defendants, and from a final Decree made in the said Cause the Four and Twentieth Day of November last; and praying the Reversal of the said Orders and Decree:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Royal Affrican Company may have a Copy of this Petition and Appeal; and shall and are hereby required to put in their Answer thereunto on Thursday the Second Day of February next, at Ten of the Clock in the Forenoon; and that all Proceedings in the Courts below be stayed in the mean Time.
Kelynge versus Sandy.
Upon reading the Petition and Appeal of Charles Kelynge Gentleman, from an Order and Decree of the Court of Chancery, made in a Cause there depending, wherein Roger Sandy was Complainant, against the Appellant and others Defendants, dated the Fourteenth Day of June last; and praying the Reversal of the said Order and Decree:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Roger Sandy may have a Copy of the said Petition; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Thursday the Second Day of February next, at Ten of the Clock in the Forenoon; and that, in the mean Time, all Proceedings in the Courts below shall be stayed.
Hodie 3a vice lecta est Billa, intituled, "An Act to enable Roger Price Esquire to sell some Part of his Estate, for Payment of Portions to the Daughters of John Price Esquire, deceased."
An Amendment was made at the Table.
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 Adam Ottley:
To carry down the said Bill, and desire their Concurrence thereunto.
Counsel allowed Lord Mohun.
The House being this Day moved, "That Charles Lord Mohun may have a Copy of the Indictment found against him, and Counsel to assist him:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Charles Lord Mohun shall have a Copy of the said Indictment; and that Sir Thomas Powis, Mr. Price, and Mr. Hawles, shall be of Counsel for his Lordship, as desired.
Baldwin heard, about "K. W. and Q. M. Conquerors, &c."
Upon hearing this Day Richard Baldwin, Printer of the Book, intituled, "King William and Queen Mary Conquerors, &c.:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That he shall be discharged from any further Attendance in this Case.
Bentley to attend, about it.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Richard Bentley shall be, and he is hereby, required to attend this House To-morrow, at Ten of the Clock in the Forenoon, concerning the Book, intituled, "King William and Queen Mary Conquerors, &c."
Bowtell versus Appleby.
Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of William Bowtell and Godfrey Webster, from certain Orders and a Decree made in the High Court of Chancery, the Nineteenth Day of December, Secundo Gul. et Mariæ, and the Fifteenth Day of October last, in Two Causes, wherein Stephen Appleby was Plaintiff, against the said Bowtell and Webster Defendants, et e contra; as also upon the Answer of the said Stephen Appleby 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 said Petition and Appeal of William Bowtell and Godfrey Webster shall be, and is hereby, dismissed this House; and that the Orders and Decree therein complained of shall be, and they are hereby, affirmed.
Excise Duties, Bill.
Hodie 1avice lecta est Billa, intituled, "An Act for granting to Their Majesties certain Rates and Duties of Excise, upon Beer, Ale, and other Liquors; for securing certain Recompenses and Advantages, in the said Act mentioned, to such Persons as shall voluntarily advance the Sum of Ten Hundred Thousand Pounds, towards carrying on the War against France."
Disaffected Persons, to prevent Dangers from, Bill.
ORDERED, That the Bill, intituled, "An Act to prevent Dangers which may happen from Persons disaffected to Their Majesties Government," shall be read the Second Time on Wednesday next; and all the Lords summoned then to attend.
Warre versus Minshall, in Error.
This Day the Lord Chief Justice of the King's Bench, in the usual Manner, brought up a Writ of Error, wherein William Warre is Plaintiff, and Francis Minshall Defendant.
L. Mohun, Report concerning his Trial.
The Earl of Bridgewater reported, from the Committee appointed to inspect the Precedents in order to the Trial of the Lord Mohun,
"That their Lordships are of Opinion, That the Lord High Steward be chosen Speaker by the House, during the Lord Mohun's Trial; their Lordships finding that he was Speaker at the Earl of Strafford's Trial, and that it appears not that he was any otherwise constituted.
"That the Lord Great Chamberlain take Care that the Places behind the Lords be kept for Peeresses and their Daughters; and that the Surveyor General take Care that the Court and Scaffolds be firm and strong.
"That every Peer shall have Eight Tickets for Places.
"That, their Lordships being informed that the Lord Delamer did not hold up his Hand at his Trial, their Lordships desire the Direction of the House, whether the Lord Mohun shall hold up his Hand."
To which the House agreed; and made the Orders following; (videlicet,)
L. H. Steward to be chose Speaker, during the Trial.
"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord High Steward, who shall be appointed by His Majesty for the Trial of Charles Lord Mohun, shall be chosen Speaker by the House, for the Days of the Trial."
Lords to have Eight Tickets each.
"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Great Chamberlain be desired to take Care, that the Places in Westminster Hall behind the Peers be kept clear; and that every Peer now attending this House shall have Eight Tickets given him for Places so kept in Westminster Hall, at the Trial of the Lord Mohun."
Scaffolding to be made strong.
"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Their Majesties Surveyor General do take Care that the Court and Scaffolds set up in Westminster Hall, for the Trial of the Lord Mohun, be made firm and strong."
L. Mohun, not to hold up his Hand.
"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That, when the Lord Mohun shall come to his Trial in Westminster Hall, the Lord High Steward shall let him know, he is not to hold up his Hand upon his Arraignment."
Clerk of the Crown in the K. B. to attend at the Trial.
"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Clerk of the Crown in Their Majesties Court of King's Bench, and his Deputy, do attend this House, at the Trial of Charles Lord Mohun, on the One and Thirtieth Day of this Instant January."
Indictment to be returned by Certiorari.
"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Indictment found by the Grand Jury against Charles Lord Mohun shall, by virtue of Their Majesties Writ of Certiorari, be returned into this House with all convenient Speed."
Williams versus Reade: Barons of the Exchequer to attend.
"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Barons of the Exchequer, Mr. Justice Nevill, and Mr. Justice Gregory, do attend this House on Friday next, at Twelve of the Clock, to give their Reasons why the Order of this House, of the Third of January, One Thousand Six Hundred and Ninety, was not pursued."
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) 24um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.