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 Sabbati, 6 Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Hodie 2a vice lecta est Billa, intituled, "An Act for the better settling and vesting the Manor of Horsley, in Surrey, in Trustees, to be sold, for Payment of the Debts of Philip Hildeyard Esquire."
Highways for repairing, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the better repairing and amending the Highways, and for settling the Rates of Carriage of Goods."
ORDERED, That the Consideration of the said Two Bills be referred to the same Committee as the Bill, intituled, "An additional Act for preventing Butchers from selling live Cattle," is referred.
Their Lordships, or any Five of them; to meet on Monday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
The Earl of Bridgwater reported the Bill, intituled, "An Act to vest certain Lands of William Molyneaux Gentleman in Trustees, for raising the Sum of Two Thousand Pounds, for paying the Portions to his younger Brother and Sisters, pursuant to a Decree in the Court of Chancery," as fit to pass, without any Amendments.
Hodie 3a vice lecta est Billa, intituled, "An Act to vest certain Lands of William Molyneax Gentleman in Trustees, for raising the Sum of Two Thousand Pounds, for paying the Portions to his younger Brother and Sisters, pursuant to a Decree in the Court of Chancery."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords agree to it.
A Message was sent to the House of Commons, by Mr. Keck and Mr. Meredith:
To let them know, the Lords have passed the said Bill, without any Amendments.
Arnold versus Arnold.
Upon hearing Counsel this Day, at the Bar, upon the Petition of Richard Arnold, praying the Explanation of the Judgement of this House, the Eleventh of July, One Thousand Six Hundred Eighty-nine, as to the Stating of the Accompt; as also Counsel for the former Defendant Anne Arnold:
After due Consideration had of what was offered by Counsel on either Side, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Richard Arnold shall be, and is hereby, dismissed this House; and that the said Richard Arnold shall pay, or cause to be paid, unto the Defendant Anne Arnold, the Sum of Ten Pounds, for her Costs in defending the said Petition in this House.
Message from H. C. about a Conference on the Public Accompts Bill.
A Message was brought from the House of Commons, by Sir Joseph Tredenham:
To desire a Free Conference, upon the Subject-matter of the last Conference.
To which the House agreed.
And the Commons were called in, and told, "That the Lords agree to a Conference; and appoint the same to be in the Painted Chamber, on Monday next, at Twelve of the Clock."
Message from H. C. with a Bill.
A Message was brought from the House of Commons, by Mr. Onslow and others:
Who brought up a Bill, intituled, "An Act for the better ordering and collecting the Duty upon low Wines and strong Waters, and preventing the Abuses therein;" to which they desire the Concurrence of this House.
Appeals, about receiving.
A Debate arose, "Whether any Appeals shall be received, notwithstanding the last Order, made the Fourth Instant?"
The Question was put, "Whether that Order shall be set aside?"
It was Resolved in the Negative.
Live Cattle, to prevent Butchers from selling, Bill.
The Lord Cornwallis reported the Bill, intituled, "An Act for preventing Butchers from selling live Cattle;" with some Amendments.
Which were read Twice; and the Bill ordered to be engrossed.
Birmingham Free School, Bill.
The House was this Day moved, "That the Persons who prosecuted the Bill, intituled, "An Act for the better regulating and settling the Free School of Birmingham, in the County of Warwick, and the Revenues thereof," might be withdrawn:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Order made the Seven and Twentieth Day of January last, upon the First Reading of the said Bill, shall be, and is hereby, set aside.
Hale versus Dashwoods.
Whereas Monday next is appointed for hearing the Cause, wherein Thomas Hale is Plaintiff, and Sir Sam'll Dashwood and Francis Dashwood Defendants:
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 Eighteenth Day of this Instant February, at Ten of the Clock in the Forenoon.
E. Rochester versus L. Grey.
The Lord Cornwallis reported, from the Lords Committees for Privileges in the Case referred to them, upon the Petition of the Earl of Rochester, and the Answer of the Lord Gray of Warke, the Precedents following:
"27° March 1677, the Lord Leigh's Case.
"9° November, 1680, the Lord Bishop of Chichester's Case.
14° November, 1685, the Earl of Huntington's Case."
"18° April, 1689, the Earl of Anglesey's Case."
These Precedents were read out of the Journal.
And, after Debate thereupon, and several Things proposed, the House went on with the Business of the Day, as follows:
Duke and Dutchess of Norfolk.
The Counsel of the Dutchess and Duke of Norfolke being called in, her Grace's Counsel proceeded to examine Witnesses to invalidate the Evidence of the Witnesses formerly examined on his Grace's Part.
Whereupon several were called in, and examined in the same Method as the Duke's were.
Which being ended, the Dutchess's Counsel said, "That they would now proceed to produce Evidence to shew that the Duke and Dutchess had been reconciled since the Time mentioned in the Duke's Evidence;" to which they also examined some Witnesses.
Which being ended, the Duke's Counsel prayed Time to examine Witnesses to support the Credit of their former Witnesses, and to answer the new Matter that the Dutchess hath now alledged.
After which, and Consideration had thereof, the Counsel being withdrawn, the following Order was made:
"After having this Day heard several Witnesses, on the Behalf of her Grace the Dutchess of Norfolke: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Counsel for his Grace the Duke of Norfolke shall proceed to examine Witnesses on Tuesday next, at Twelve of the Clock."
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 8um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.