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 Martis, 26 Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Hodie 1a vice lecta est Billa, intituled, "An Act for raising the Militia of this Kingdom for the Year 1692, although the Month's Pay formerly advanced be not re-paid."
Strode versus Chichester.
Upon hearing Counsel this Day, at the Bar, upon 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 December last, on the Behalf of Henry Chichester and his Wife; as also upon the Answer of the said Henry Chichester and Dorothy his Wife put in thereunto:
After due Consideration had of what was offered by Counsel upon the said Petition and Answer, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of the said Samuell Strode shall be, and is hereby, dismissed this House; and that the Decree from which he appealed shall be, and is hereby, affirmed.
Message from H. C. for a Conference on Trials for Treason, Bill.
A Message was brought from the House of Commons, by Mr. Mountagu and others:
To desire a Free Conference with their Lordships, upon the Clause (A) added by their Lordships to the Bill, intituled, "An Act for regulating Trials in Cases of Treason."
To which the House agreed.
And the Messengers were called in; and told, "That the Lords agree to a Free Conference, as desired; and appoint the same To-morrow, at Twelve of the Clock, in the Painted Chamber."
E. of Rochester versus L. Grey.
The House being moved, "That the Lord Grey of Werke may have further Time allowed for answering to the Petition of Lawrence Earl of Rochester:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Grey of Werke hath hereby Time allowed him for answering thereunto, until Tuesday the Second Day of February 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 the Bill, intituled, "An Act against adhering to Their Majesties Enemies," shall be reported To-morrow, after the Free Conference; and that the Lord Chief Justice Holt and Mr. Baron Powell do then attend the House.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act for the Punishment of Mutineers and Deserters, preventing false Musters, and paying the Army according to the Musters of Effective Men," shall be considered, in a Committee of the whole House, on Thursday next, at Ten of the Clock in the Forenoon.
Committee to examine the Ballots for Commissioners to examine Public Accompts.
ORDERED, That the Lords following do open the Balloting Glass, and give the House an Account To-morrow on whom the Majority falls.
Any Three of them to be of the Quorum.
D. of Norfolk's Witnesses examined.
Then, the Duke of Norfolke's Witnesses attending, his Counsel and Proctor, and the Dutchess's Counsel and Proctor, were also called in.
The Dutchess of Norfolke's Proctor prayed, "That the Duke's Counsel might not be present, when the Witnesses give in their Evidence."
It was presently ORDERED, That the Duke's Counsel being present shall be no Prejudice to the Dutchess.
Then the Dutchess's Counsel moved, "That the Evidence should be taken in Writing, and delivered to him."
Then they withdrew.
And the House agreed, and ORDERED, That the Evidence shall be taken in Writing by the Clerk; and that the Clerk shall read what he hath taken to the Witnesses before they go from the Bar; and if the Counsel on either Side observe any Thing to be omitted or mistaken, the Counsel may offer to have it rectisied before the Witness goes from the Bar.
Then the Counsel and Proctors were called in again, and told what the House had ordered.
Then Sir William Thompson (the Duke's Counsel) called in Rowland Owen and others; who gave their Evidence at the Bar; and it was taken by the Clerk, in the Presence of the Dutchess's Counsel.
Which being ended, the Duke's Counsel said, "We have several other circumstantial Witnesses, which we do not think sit to examine at present; and so we rest our Evidence here."
Then the House ordered as followeth:
Dutchess of Norfolk to make her Defence.
"After hearing this Day the Witnesses on the Behalf of his Grace the Duke of Norfolke, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Friday next, at Ten of the Clock in the Forenoon, shall be, and is hereby, appointed for her Grace the Dutchess of Norfolke to make her Defence, by her Proctor or Counsel; and that his Grace the Duke of Norfolke's Counsel and Proctor be then present, and the Witnesses who this Day delivered their Evidence, or others, on his Grace's Behalf; and that the Dutchess may have an Order for such Witnesses as she shall think sit to make Use of, on her Grace's Behalf."
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) 27um diem Januarii, hore decima Aurora, Dominis sic decernentibus.