House of Lords Journal Volume 15: 11 February 1692

DIE Jovis, 11 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Highways, for repairing, &c. Bill.

The Earl of Stamford reported from the Committee, the Bill, intituled, "An Act for the better repairing and amending Highways, and for settling the Rates of the Carriage of Goods," with One Amendment.

Which was read Twice, and agreed to; and the Bill ordered to be read a Third Time To-morrow.

Wareing versus Plate.

The Earl of Rochester reported from the Committee, the Petition of Richard Wareing, "That they have heard Counsel thereupon; and, as the Order was drawn in Chancery, there was Cause for his petitioning; but, the Order in Chancery being now altered, the Committee are of Opinion the Petition should be dismissed."

To which the House agreed.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Richard Wareing shall be, and is hereby, dismissed this House.

Gay versus Beaple.

ORDERED, That the Cause of Gay and Beaple shall be heard To-morrow, at Ten of the Clock in the Forenoon.

Marq. of Halifax Speaker pro Tempore.

The House being moved, "To consider whether the Speaker shall be present, or sit as Speaker, at the Hearing of his own Cause:"

The Standing Order was read.

And then the Speaker, by Leave, adjourned the House during Pleasure, and withdrew.

And being indisposed, and not coming in again, the House unanimously chose the Lord Marquis of Hallifax to be Speaker pro Tempore.

Then the House was resumed.

Cunningham versus Sir R. Murrey, alias Creighton.

Upon reading the Petition of Sir Robert Murrcy, alias Creighton, against Henry Cunningham Esquire; praying further Time for answering to the Petition of the said Henry Cuningham; and also to explain the Order of this House as to the Possession, that the said Cunningham may not by Colour thereof put any Hardship on the Petitioner, contrary to the Intention of this House; and that the Possession of the said Estate may be left, or restored, as the same was the Five and Twentieth Day of December, One Thousand Six Hundred Eightyeight, according to the Statute of the First Year of Their Majesties Reign, for Relief of Their Majesties Protestant Subjects of Ireland:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath hereby Fourteen Days Time longer given him for answering to the said Petition; and that this House will hear One Counsel on either Side, as to the other Part of the Prayer of the Petition above-mentioned, on Saturday next, at Ten of the Clock in the Forenoon.

Hitchcock versus Sedgwick.

Upon reading the Petition of Obadiah Sedgwick Merchant; praying, "That Directions be given that both the Issues directed by this House in former Orders may be tried on proper Issues:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it is referred to Mr. Justice Powell and Mr. Baron Powell, to draw proper Issues, to be tried on the Directions in the Orders of this House, and present it to the House with all convenient Speed.

Tooke versus Ld. Chief Baron Atkins.

Upon hearing Counsel this Day, at the Bar, upon the Petition of Thomas Tooke Appellant, and the Lord Chief Baron Atkins Respondent:

It is ORDERED, That the Debate of this Business shall be adjourned to Monday next, at Ten of the Clock in the Forenoon, the First Business; and that One Counsel on either Side do then attend the House.

Memorandum, That, on the Hearing of the Cause of Took and the Lord Chief Baron, Took's Counsel offered to read some Receipts, said to be signed by the Lord Chief Baron; and the other Counsel opposed it, they having not been read, nor offered, upon hearing the Cause in the Exchequer.

Whereupon the Counsel withdrew.

And, after Debate, the Question was put,

"Whether the Counsel for the Appellant shall be permitted to read the Receipts offered by them, said to be subscribed by the Lord Chief Baron?"

Then this previous Question was put,

"Whether this Question shall be now put?"

It was Resolved in the Negative.

Duke and Dutchess of Norfolk.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Counsel for his Grace the Duke of Norfolke, as also the Counsel for her Grace the Dutchess of Norfolke, shall be heard To-morrow, at One of the Clock in the Afternoon, to sum up the Evidence on either Side; and that Mrs. Sawbridge and Mrs. Stourton do then attend, to be heard.

Adjourn.

March. de Halifax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, (videlicet,) 12^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.