House of Lords Journal Volume 15: 17 February 1692

DIE Mercurii, 17 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

West India Ships Leave to take Foreign Seamen, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for permitting English Ships to be navigated with Foreign Seamen to and from The West Indies, during the War."

Curtis's Bill.

The Amendments made by the Commons to the Bill, intituled, "An Act for the more speedy Payment of the Debts of Elizabeth Curtis Widow, late deceased, and Performance of an Agreement touching the same, made between Charles Curtis in his Life-time, and Edward Earle, according to a Decree in the High Court of Chancery," were read Twice, and agreed to; and ORDERED, That the Commons have Notice thereof.

Lady Gerard versus Lord Gerard.

Upon reading the Petition of Elizabeth Gerard Baroness Dowager of Gerards Bromley; shewing, "That Charles now Lord Gerard, being seised of the Estate of Digby Lord Gerard the Petitioner's Husband; and that the Petitioner hath brought her Action for Recovery of Part of her Dower; and that the Lord Gerard, not having taken the Oaths, insists upon Privilege; and praying the Directions of this House therein:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Gerard shall have a Copy of his Petition; and do put in his Answer thereunto To-morrow, at Ten of the Clock in the Forenoon.

Thornhill versus Parker.

Upon reading the Petition of Jeremiah Thornhill, John Hill, and above Sixty more, the Creditors of George Chute Esquire, against Philadelphia, George, Robert, Thomas, and William Parker, Infants, by Dame Sarah Parker their Mother and Guardian, Appellants formerly in this House; praying, "that (the Matter not being "triable by Ejectment) an Issue be directed for the Trial, pursuant to the Order of this House:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it shall be, and is hereby, referred to Mr. Justice Powell and Mr. Baron Powell, to draw an Issue, upon which this Cause may be tried; and present the same to this House with all convenient Speed.

Precedents concerning Decrees upon Appeals.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Clerks give the House an Account of what Precedents they find, on Friday next, at Ten of the Clock in the Forenoon, upon the Case debated in this House on Monday last, upon the Appeal of Thomas Took; and the Answer of the Lord Chief Baron Atkins put in thereunto:

Hetley versus Hervey.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Carina Hetley, Elizabeth English, and others, Executors and Administrators of Henry Cromwell, alias Williams, deceased, and Richard Draper, deceased, being an Appeal from a Decree made in the Court of Chancery, the Ninth Day of March, One Thousand Six Hundred Seventy-six, by the Lord Chancellor Finch, for the Reversal of a Decree made the Two and Twentieth Day of November, One Thousand Six Hundred Fifty-six, before Fynes and Lysle, the then Commissioners of the Great Seal; as also upon the Answer of John Hervey Esquire and Isabella his Wife, the Daughter and Heir of Sir Robert Carr, deceased, put in to the said Petition:

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 Carina Hetley, Elizabeth English, and others abovesaid, shall be, and is hereby, dismissed this House; and that the Decree from which they appealed shall be, and is hereby, affirmed; and that the Statute of £.4000, acknowledged by Sir Rob't Carr, Grandfather of the Respondent Izabella, to Sir James Cambell Knight, shall be set aside, in such Manner that it shall be no Bar to, or be made Use of against, the Appellants; but that they may, notwithstanding the said Statute, be at full Liberty to proceed at Law, by Distress or otherwise.

Stickland versus Cokes.

Penry versus Keymer.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause, wherein John Stickland is Plaintiff, and Robert Coker and others Defendants, and the Cause wherein Edward Penry is Plaintiff, and Mary Keymer Defendant, on Saturday next, at Ten of the Clock in the Forenoon.

Peacock versus Spooner.

After hearing Counsel, at the Bar, the Fifteenth Instant, upon the Petition and Appeal of Thomas Peacock; from a Decree made by the Lords Commissioners of the Great Seal, upon Re-hearing of a Cause wherein Henry Spooner and Mary his Wife, Samuell Smith and Elizabeth his Wife, and Thomas Freeman and Frances his Wife, and Mary Smith, and Thomas Wheeler, and their Consederates, were Plaintiffs, and the Petitioner Defendant; as also upon the Answer of Henry Spooner and Mary his Wife, Samuell Smith and Elizabeth his Wife, Thomas Freeman and Frances his Wife, and Mary Smith Widow, and Thomas Wheeler, put in to the said Petition:

After due Consideration had of what was offered by Counsel upon the said Petition and Answer, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of the said Thomas Peacock shall be, and is hereby, dismissed this House; and that the Decree complained of in the said Petition shall be, and is hereby, affirmed.

Hungerford versus Pollard.

Upon reading the Petition of Jane Hungerford; praying, "That she may be at Liberty to try her Title at the next Assizes, to be held for the County of Devon; which, by Order of this House, is to be tried in a seigned Issue in the Court of King's Bench:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner Jane Hungerford shall be at Liberty to try her Title to the Estate in Question between her and Thomas Pollard, per Guardian, Respondent in this House, at the next Assizes to be held for the County of Devon.

Hale versus Dashwood.

Burrows versus Dodd et al.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Causes wherein Thomas Hale is Plaintiff, and Samuel Dashwood and others Defendants, and the Cause wherein Thomas Burrows is Plaintiff, and Anne Dodd and others Defendants, and wherein Anne Dod and others are Plaintiffs, and Thomas Burrows Defendant, on Monday the Two and Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon.

Dutchess of Richmond against the Alnage Bill.

Upon hearing Counsel this Day, at the Bar, for the Clothiers, and His Majesty, and her Grace the Dutchess of Richmond, who had not agreed, nor would agree, upon Proposals for the Dutchess, or His Majesty; the Dutchess's Counsel offered a Paper, and the Counsel for the Clothiers also offered a Proviso, to be added to the Bill, intituled, "An Act for transferring the Duty of Alnage to the Custom-house, and for giving a Recompense to the Crown for the same:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Counsel for the Dutchess of Richmond shall have a Copy of the Clothiers Proviso offered this Day; and that the Counsel for the King, the Dutchess of Richmond, and the Clothiers, shall attend this House To-morrow, at Twelve of the Clock.

Whether Proxies shall be used in this Bill.

It was moved, "That Proxies should not be used in the Proceedings on the Alnage Bill."

This Question was proposed, "Whether Proxies shall be used on the Bill of Alnage, in which the Right of the Dutchess of Richmond is concerned?"

The previous Question was put,

Whether this Question shall be now put?

It was Resolved in the Negative.

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

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

To return the Bill, intituled, "An Act to enable the Trustees of James late Earl of Suffolke to sell the Manor of Hadstock, in Essex, for discharging several other Manors and Lands of the said late Earl, from Five Thousand Pounds, Remainder of Ten Thousand Pounds by him formerly charged thereon;" to which they have agreed, without any Amendments.

And also to put their Lordships in Mind of the Bill, intituled, "An Act for the lessening the Interest of Money."

Message to them, to remind them of the Bill against adhering to Their Majesties Enemies, and the clandestine Marriages Bill.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir Lacon William Child:

To put them in Mind of the Bills following; videlicet,

"An Act against corresponding with their Majesties Enemies."

Also,

"An Act disabling Minors to marry without the Consent of their Fathers or Guardians, and against their untimely marrying after the Decease of their Fathers, and for preventing all clandestine Marriages for the future."

Duke and Dutch. of Norfolk.

The Depositions taken at several Times on the Behalf of his Grace the Duke of Norfolke, as also those taken on the Behalf of her Grace the Dutchess of Norfolke, were read, at the Table, by the Clerk.

And, in Debate thereupon,

Exceptions taken by E. Rochester, to Words spoke by E. Lincoln.

Exceptions being taken at some Words the Earl of Lincolne said, in Answer to the Earl of Rochester; the Words were set down, as followeth; (videlicet,)

"The Earl of Rochester, in Debate, said,

"That Noble Lord takes great Liberty with the House."

"The Earl of Lincolne replied,

"I do not take so much Liberty with the House, as you do with the Nation."

"These Words were agreed to be as spoken."

The Earl of Lincolne was heard, to explain himself.

The Earl of Lincolne was ordered to withdraw.

Which done; it was ORDERED, That he should come to the Bar; and then the House agreed of what the Speaker should say to him when there.

Then, he being come to the Bar, the Speaker said to him as followeth:

E. of Lincoln reprimanded.

"My Lord,

"Your Lordship ought to kneel; but, in Respect to your Lordship's Unweildiness, their Lordships are pleased to dispense with that Part of your Submission.

"I am commanded to tell your Lordship, that, for your Contempt to this House, you are to ask the Pardon of this House, and of the Lord of whom you spake these Words. And I am further commanded to let you know, that the Lords have observed, that you are apt to take too great a Liberty in your Discourses in this House, contrary to the Order thereof; which the Lords expect that for the future you should take Care to avoid."

Which done; his Lordship asked the Pardon of the House, and of the Earl of Rochester in particular.

Then the House went on with the Debate, "Whether the Duke of Norfolke's Bill shall be read the Second Time?"

After Debate,

The Question was put,

D. of Norfolk's Divorce Bill rejected.

"Whether the Bill, intituled, An Act to dissolve the Marriage of Henry Duke of Norfolke Earl Marshal of England, with the Lady Mary Mordaunt, and to enable the said Duke to marry again, shall be read a Second Time?"

It was Resolved in the Negative.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, (videlicet,) 18^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.