House of Lords Journal Volume 15: 17 November 1692

DIE Jovis, 17 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Godwin, Gill, & al. versus Foscraft.

Upon reading the humble Petition and Appeal of Edmund Godwin and Mary his Wife, Roger Gill and Elianor his Wife, and Charles Horne, from several Decrees, Orders, and Proceedings, in Cross Causes made in the Court of Chancery, in June One Thousand Six Hundred Eighty-seven, October One Thousand Six Hundred Eighty-seven, and June One Thousand Six Hundred Ninety-two, and other Orders on the Behalf of William Foscraft the Father, and William Foscraft the Son, or either of them:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Foscraft the Son may have a Copy of the said Petition; and he is hereby required to put in his Answer thereunto, in Writing, on Thursday the Four and Twentieth Day of November Instant, at Ten of the Clock in the Forenoon.

Sir Cesar Wood versus D. South'ton.

Upon reading the Petition and Appeal of Sir Cesar Wood, alias Cranmer, from a Decree lately made by the Lords Commissioners of the Great Seal in Chancery, the One and Thirtieth Day of October last, in a Cause there depending, between Charles Duke of South'ton Plaintiff, and the Appellant Defendant, et è contra; and praying the Reversal of the said Decree:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That his Grace Charles Duke of South'ton may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on Tuesday the Two and Twentieth Day of this Instant November, at Ten of the Clock in the Forenoon.

Newton versus Ballet:

Upon reading the Petition of James Newton; shewing, "That he hath an Appeal depending in this House, to which John Ballet and Mary his Wife are Defendants; and that he sent one Cornelius Hall to serve the Order of this House upon the said John Ballet, for answering to his Appeal; and that the said John Ballet ordered his Servant to beat the said Cornelius Hall (which his Servant did):"

Ballet to be attached, for beating Newton's Servant, who went to serve an Order of this House upon him.

Now, upon Oath made at the Bar of the Truth thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith attach the Body of the said John Ballett, and bring him in safe Custody to the Bar of this House, to answer for his Contempt; and this shall be a sufficient Warrant on that Behalf.

To Sir Thomas Duppa, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.

Ballet, Time to answer.

Upon reading the Petition of John Ballet Gentleman, and Mary his Wife, Respondents, to the Petition and Appeal of James Newton; praying further Time for answering to the Petition of James Newton:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Ballet shall have, and hereby hath, Time given him for answering thereunto, until Saturday the Nineteenth Day of this Instant November, at Ten of the Clock in the Forenoon.

Bellamy versus Allen & al.

Upon reading the Petition of Appeal of John Bellamy, Executor of William Bellamy his Father, deceased, from a Decree made in the Court of Chancery, in Michaelmas Terme, One Thousand Six Hundred Ninety-two, on the Behalf of John Allen and John Glover; and praying the Reversal of the said Decree:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Allen and John Glover may have a Copy of the said Petition; and be, and they are hereby, required to put in their Answer or respective Answers thereunto, on Monday the Eight and Twentieth Day of this Instant November, at Ten of the Clock in the Forenoon.

Nussey versus Sheppard.

Upon reading the Petition and Appeal of Gilbert Nussey Gentleman, from a Decree made in the Court of Chancery, (in Two Causes,) the One and Twentieth Day of June last, on the Behalf of William Sheppard and Thomas Sheppard; and praying, "that the Decretal Order of Chancery for the Dismission of the Petitioner's Bill may be reversed, and his Bill may be retained, and the Defendants Cross Bill dismissed, and the Mortgagemoney decreed to the Petitioner:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Sheppard and Thomas Sheppard may have Copies of the said Petition; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on Thursday the First Day of December next, at Ten of the Clock in the Forenoon.

E. Exon and E. of Devon versus Clerke and Creditors of Warwick.

Upon reading the Petition and Appeal of John Earl of Exeter, and William Earl of Devonshire, from a Decree made in the Court of Chancery the Thirteenth Day of May last, and a subsequent Order of the Three and Twentieth Day of August following, on the Behalf of Elizabeth Clerke Executrix of Phillip Warwick, and of Francis Skinner, John Wadworth, Sir Robert Atkins, Adam Wareing, Nicholas Knowles, Edward Miller, Sarah Barrbone, Thomas Jones, Charles Brexton and Mary his Wife, William Webb and Anne his Wife, John Jeffs and Mary his Wife, the Earl of Holderness, and Barbara Lister, and others, Creditors of the said Phillip Warwick; and praying the Reversal of the said Decree and Order:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Elizabeth Clerke, and Dame Joyce Turner, Isabella Clerke, Sisters and Heirs of Sir Phillip Warwick and the said Creditors abovenamed, may have a Copy or Copies of the said Petition and Appeal; and be, and they are hereby, required to put in their Answer or respective Answers thereunto, in Writing, on Thursday the Four and Twentieth Day of this Instant November, at Ten of the Clock in the Forenoon: And it is further ORDERED, That the Service of this Order upon the Respondents Clerks in Chancery shall be good Service, in order to the putting in the Respondents Answers to this Petition.

Sir R. Murrey, alias Creighton, versus Conyngham.

Upon reading the Petition of Sir Robert Murrey, alias Creighton; shewing, "That, in the Years One Thousand Six Hundred Eighty-seven, One Thousand Six Hundred Eighty-eight, and One Thousand Six Hundred Eighty-nine, he was in Possession of Two Parts of some Manors, Messuages, Lands, Tenements, and Hereditaments, in the County of Donygald, in the Kingdom of Ireland, which were decreed to him by the Chancery in Ireland; and that, on or about the Nine and Twentieth of December last, Colonel Conyngham exhibited his Appeal to this House, and obtained an Order for the Stay of all Proceedings touching the altering the Possession of the Appellant; and that, the Eleventh of February last, the now Petitioner applied himself to your Lordships, to have the Order explained touching the Possession; and, upon hearing Counsel, the Order was directed to stand; and that the Appellant did, not only by Colour of the Order of this House, but also by forcible and fraudulent Ways, gain the Possession of all the Premises in the Petitioner's Possession at the Time of the said Order; and praying to be restored to such Possession of the Premises as the Petitioner had the First of December, One Thousand Six Hundred Ninety-one; and that he may be heard, by his Counsel, to this Matter:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Lieutenant Colonel Conyngham may have a Copy of this Petition; and do, and is hereby, required to put in his Answer thereunto, in Writing, on Tuesday the Two and Twentieth Day of this Instant November, at Ten of the Clock in the Forenoon.

Ballet attached, for beating Newton's Servant, who went to serve the Order on him.

The House being informed, "That Mr. John Ballet was attached, and now in Custody at the Door;" was called in:

And he desired Time to examine Witnesses as to the Complaint of Breach of Privilege sworn against him.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Ballet and Cornelius Hall do attend this House on Saturday next, at Ten of the Clock in the Forenoon.

Addresses to the King and Queen.

Lords Committees appointed by the House to draw up an Address to be presented to His Majesty, to thank him for His most Gracious Speech made to both Houses of Parliament; and also an Address of Thanks to Her Majesty, for Her great and prudent Care of the Government in His Majesty's Absence.

Their Lordships, or any Three of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Lords who have Protections entered to attend.

Upon reading this Day, in the House, the several Protections entered in the Book by Order of this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all the Lords who have Protections entered in the said Book be summoned to attend this House on Monday next, at Ten of the Clock in the Forenoon.

Butter and Cheese Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for preventing Abuses committed by the Searchers and Weighers of Butter and Cheese."

Bill of Indemnity.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That on Tuesday next, at Ten of the Clock in the Forenoon, this House shall be put into a Committee, to consider of Heads for a Bill of Indemnity.

Judges to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Justice Powell and Mr. Baron Powell do attend this House To-morrow, at Ten of the Clock in the Forenoon.

E. Huntingdon and E. of Marlborough's Commitment, and E. of Scarsdale's Complaint.

The Order being read, for resuming the Debate concerning the Earl of Huntingdon, the Earl of Scarsdale, and the Earl of Marleborough's being committed, and continued under Bail:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of what shall be entered in the Books concerning that Matter shall be, and is hereby, adjourned until Tomorrow, at Ten of the Clock in the Forenoon.

Committee for Petitions.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees for Petitions shall meet on Saturday next, at Nine 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 Veneris, (videlicet,) 18^um instantis Novembris, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us, this 17th Day of February, 1692,

Huntingdon.
J. Bridgewater.
Craven.
Tho. Lincoln.