House of Lords Journal Volume 15: 19 January 1692

DIE Martis, 19 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Vernon's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for assuring to George Vernon, and his Heirs and Assigns, Four Acres of Land in Ebisham, in the County of Surrey."

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 Hoskyns:

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

Mutiny Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Punishment of Mutineers and Deserters, preventing false Musters, and paying the Army according to the Muster of Effective Men, and for the better paying of Quarters."

ORDERED, To be read a Second Time on Thursday next.

L. Stanhope's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Phillip Lord Stanhope, Son and Heir Apparent of the Right Honourable Phillip Earl of Chesterfeild, together with the said Earl, to make a Jointure and Settlement upon the Marriage of the said Phillip Lord Stanhope."

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An additional Act for appointing and enabling Commissioners to examine, take, and state, the Public Accompts of the Kingdom;" to which they desire their Lordships Concurrence.

Public Accompts examining, &c. additional Bill for.

Hodie 1^a vice lecta est Billa, intituled, "An additional Act for appointing and enabling Commissioners to examine, take, and state, the Public Accompts of the Kingdom."

Message from H. C. to return the E. of Winchilsea's Bill.

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

To return the Bill, intituled, "An Act for enabling the Right Honourable Charles Earl of Winchelsea to settle a Jointure upon any Wife he shall marry during his Minority;" to which they have agreed, without any Amendment.

The House was informed, "That some Person attended for the Dutchess of Norfolke."

Sir Thomas Pinfold was called in; and delivered her Answer to the Charge against her.

Which was read, as followeth:

"The Answer of Mary Dutchess of Norfolke to the Charge exhibited against her by the Duke of Norfolke, before the Lords Spiritual and Temporal in Parliament assembled.

Dutchess of Norfolk's Answer to the Duke's Charge.

"The Respondent is advised, that the Charge exhibited by the Duke of Norfolke into this Honourable House against her, as to Time and Place, is too general, and is not pursuant, nor doth answer the End of your Lordships Order of the 14th Instant, made upon the humble Petition of this Respondent: Wherefore she doth humbly hope and pray, your Lordships will not oblige her to make any farther Answer, till the Duke shall bring in a particular and certain Charge, as to Time and Place, against her.

"And this Respondent doth the rather humbly insist, that your Lordships would please to require the Duke to be particular and certain in these material Circumstances of his Charge against her; for that it appears, by his own shewing therein, that the supposed Crimes objected to her, and alledged to be committed, were above Six Years before the Bill was offered to this Honourable House; during most of which Time this Respondent, at the Advice and by the Approbation of the Duke, was and continued beyond the Seas, to ease him in his Charge and Port; he frequently declaring, that when he should be more easy in his Fortune, they should live together.

"M. Norfolke."

Duke of Norfolk to amend his Charge.

Upon reading the Dutchess of Norfolke's Answer delivered this Day (by Sir Thomas Pinfold), to the Duke of Norfolke's Charge against her, and hearing Sir Charles Hedges at the Bar; and Debate thereupon;

The House agreed, that the Charge delivered against the said Dutchess by the Duke of Norfolke is defective; and that the Duke of Norfolke is at Liberty to amend it.

Trials for Treason Bill.

A Debate arising, "Whether the adjourned Debate upon the Commons Amendments, delivered at the last Free Conference, to the Proviso (A) added by the Lords to the Bill, intituled, "An Act for regulating of Trials in Cases of Treason:"

The Question was put, "Whether this Debate shall be adjourned to Twelve of the Clock To-morrow?"

It was Resolved in the Affirmative.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Debate of this Business shall be taken up To-morrow, at Twelve of the Clock the First Business; and no other to intervene.

Breeding Cattle, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Encouragement of Breeding and Feeding of Cattle."

Duke of Norfolk's Charge against the Dutchess.

Then the Duke of Norfolke brought in his Charge against his Dutchess; which was read, as followeth:

"The Charge which Henry Duke of Norfolke Earl Marshal of England doth exhibit against his Wife Mary Dutchess of Norfolke, before the Lords Spiritual and Temporal in Parliament assembled, pursuant to their Lordships Order of the 14th of January 1691,

"Is for the Crime of Adultery.

"The Person charged to commit the said Crime with the said Dutchess is one John Germaine, of the Parish of St. Margarett's, Westminster.

"The Times and Places when the said Crime was committed were, at Whitehall, in the Months of June, July, August, some or One of them, in the Year 1685; at Windsor, in the Months of July, August, or September, some or One of them, in the said Year 1685; in the Parish of St. Margaret's Westminster, March, April, May, June, some or One of them, in the Year of our Lord 1690; and in the said Parish of St. Margarett's Westminster, in the Months of July or August, 1690; in the Parish of Lambeth, in the County of Surrey, in the Months of May, June, July, August, some or One of them, in the Year 1691.

"Norfolke & Marshall."

Sir Thomas Pinfold was called for; but not appearing;

After Debate, the Question was propounded,

"Whether a Copy of the Charge shall be sent to the Dutchess of Norfolke; and that she, or her Proctor, shall attend and answer to it To-morrow?"

Then the previous Question was put,

"Whether this Question shall be put?"

It was Resolved in the Affirmative.

Then the main Question was put,

"Whether a Copy of the Charge shall be sent to the Dutchess of Norfolke; and that she, or her Proctor, shall attend and answer to it Tomorrow?"

It was Resolved in the Affirmative.

Dutchess to have a Copy of it, and to answer.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That her Grace the Dutchess of Norfolke shall have a Copy of the Duke's Charge (delivered this Day) against her; and that she, or Sir Thomas Pinfold, do attend the House To-morrow, at Eleven of the Clock in the Forenoon, to answer to the said Charge.

E. of Derby's Bill.

Whereas this Day was appointed for hearing Counsel for and against the Bill, intituled, "An Act for the 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 Bailiwick of Loynsdale, in the County Palatine of Lancaster:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel for and against the said Bill, on Friday the Two and Twentieth Day of this Instant January, at Ten of the Clock in the Forenoon.

Mrs. Felton's Claim to the Barony of Walden.

Whereas To-morrow is appointed for hearing Counsel for Mrs. Felton, upon her Petition presented to this House, claiming the Barony of Walden; and also Counsel for the Earl of Suffolke, and the King's Counsel, and the Heralds, to attend:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That they shall be heard on Saturday next, at Ten of the Clock in the Forenoon.

Against adhering to Their Majesties Enemies Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee, on Thursday next, to proceed on the Bill, intituled, "An Act against adhering to Their Majesties Enemies."

Causes to be put off.

Whereas Thursday next is appointed for hearing the Causes; one, wherein Christopher Dodsworth is Plaintiff, and George Roberts Defendant; the other, Elizabeth Penry Plaintiff, and Thomas Walker Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Causes by Counsel, at the Bar, on Tuesday the Ninth Day of February next, at Ten of Clock in the Forenoon.

Burrows versus Dod & al.

Hall versus Eyres.

Whereas Friday next is appointed for hearing the Causes wherein Thomas Burrows is Plaintiff, and Anne Dodd and others are Defendants, et è contra; and the Cause wherein Thomas Hall is Plaintiff, and William Eyres Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Causes, by Counsel on both Sides, at the Bar, on Wednesday the Tenth Day of February next, at Ten of the Clock in the Forenoon.

Penniston versus Read.

Whereas Saturday next is appointed for hearing the Cause wherein Sir Fairmedow Penyston is Plaintiff, and Mary Read 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 Eleventh Day of February next, at Ten of the Clock in the Forenoon.

Northcote versus Northcote

Upon reading the Petition of William Northcote Esquire, praying a short Day may be appointed for hearing of his Cause to which Sir Francis Northcott 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 Thursday the Eleventh Day of February next, at Ten of the Clock in the Forenoon.

Hale versus Dashwood.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause wherein Thomas Hale is Plaintiff, and Sir Sam'll Dashwood Defendant, shall be heard, by Counsel on both Sides, at the Bar, on Monday the Eighth Day of February next, at Ten 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,) 20^um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.