House of Lords Journal Volume 15
21 November 1692

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 15: 21 November 1692', Journal of the House of Lords: volume 15: 1691-1696 (1767-1830), pp. 117-120. URL: http://www.british-history.ac.uk/report.aspx?compid=11846 Date accessed: 24 July 2014.


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DIE Lunæ, 21 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Landaffe.
Epus. St. David's.
Epus. Sarum.
Epus. Oxon.
Epus. Ely.
Epus. Hereford.
Epus. Peterborough.
Epus. Bath & Wells.
Epus. Bristoll.
Epus. Lincoln.
Dux Cumberland.
Ds. Præses.
Ds. Custos Privati Sigilli.
Dux St. Albans.
Dux South'ton.
March. Halifax.
Ds. Mag. Camerarius.
Ds. Senescallus.
Ds. Camerarius.
Comes Oxon.
Comes Shrewsbury.
Comes Kent.
Comes Huntingdon.
Comes Bedford.
Comes Bridgewater.
Comes Clare.
Comes Bollingbrooke.
Comes Westmerland.
Comes Manchester.
Comes Mulgrave.
Comes Rivers.
Comes Stamford.
Comes Kingston.
Comes Thannet.
Comes Strafford.
Comes Sunderland.
Comes Bathe.
Comes Craven.
Comes Ailesbury.
Comes Macclesfeild.
Comes Radnor.
Comes Berkeley.
Comes Rochester.
Comes Portland.
Comes Fauconberge.
Comes Montague.
Comes Marleborough.
Comes Torrington.
Comes Warrington.
Viscount Villiers.
Ds. Dela Ware.
Ds. Berkeley Ber.
Ds. Eure.
Ds. Willoughby Par.
Ds. Howard Eff.
Ds. Chandos.
Ds. Hunsdon.
Ds. Maynard.
Ds. Vaughan.
Ds. Clifford.
Ds. Lucas.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Granville.
Ds. Cornwallis.
Ds. Crew.
Ds. Carteret.
Ds. Ossulston.
Ds. Godolphin.
Ds. Ashburnham.

PRAYERS.

Inhabitants of Oundle, &c. versus Barton & al.

Upon reading the Petition and Appeal of Sir John Sommers Knight, Their Majesties Attorney General, on Behalf of the several Towns of Oundle, Tansor, Cotterstock, and Glapthorne, in the County of North'ton, against a Decree and Dismission pronounced in the High Court of Chancery, by the late Lord Chancellor Jeffryes, the Two and Twentieth Day of February, 4° Jacobi Secundi, in certain Causes then and there depending, wherein His then Majesty's Attorney General, on Behalf of the Poor of the said Four Towns, was Informant, against Thomas Barton and others Defendants; and praying the Reversal of the said Dismission and Decree; and that the said Thomas Barton and other Persons concerned might put in their Answer to the said Appeal; it was, the Fifteenth Day of November Instant, ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Barton, and other the Persons therein named, should have a Copy of the said Appeal; and put in their Answers, in Writing, thereunto, upon Tuesday the Nine and Twentieth Day of November aforesaid; and the Parties concerned in the Prosecution of the said Petition of Appeal having since obtained Leave of this House to withdraw and amend the same; and praying a further Day for the Parties concerned to put in their Answers thereunto:

It is this present Day ORDERED, by their Lordships, That the said Thomas Barton, and also Doyley Norton Esquire, Mary Norton Widow, Charles Kirkham Esquire, Brian Saterthwaite and his Wife, Jonathan Welby Clerk, Filbrigg, Doctor Thomas Arnold, and John Filbrigg, may have a Copy of the said Petition of Appeal as amended; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on Saturday the Third Day of December next, at Ten of the Clock in the Forenoon.

Wakes Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable William Wake Gentleman, and William Wake Doctor in Divinity, to make Leases for Lives or Years, within the Manor of Shapwick, in the County of Dorsett."

ORDERED, That the Consideration of this Bill be committed to the Lords following:

Comes Huntingdon.
Comes Bedford.
Comes Bridgewater.
Comes Manchester.
Comes Mulgrave.
Comes Stamford.
Comes Bathe.
Comes Craven.
Comes Maclesfeild.
Comes Rochester.
Ces Warrington.
(fn. *) Arch. Yorke.
Epus. London.
Epus. Durham.
Epus. St. David's.
Epus. Sarum.
Epus. Oxon.
Epus. Ely.
Epus. Norwich.
Epus. Bath & Wells.
Epus. Lincolne.
Ds. Dela Ware.
Ds. Willoughby Par.
Ds. Chandos.
Ds. Hunsdon.
Ds. Culpeper.
Ds. Rockingham.
Ds. Cornwallis.
Ds. Crew.
Ds. Ashburnham.

Their Lordships, or any Five 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.

Ballet discharged.

Upon reading the Petition of John Ballet Gentleman; shewing, "That he is heartily sorry for his Offence and Contempt of this House, and begging Pardon for the same;" was called to the Bar, and reprimanded.

And thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Ballet shall be, and is hereby, discharged from the Confinement he now lies under (paying his Fees); 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.

Sir Cesar Wood versus D. South'ton.

The House being this Day moved, "That the Duke of South'ton may have further Time for answering to the Petition of Sir Cesar Wood, alias Cranmer:"

It is ORDERED by the Lords Spiritual and Temporal in Parliament assembled, That his Grace the Duke of South'ton hath hereby Time given him for answering thereunto, until Saturday next, at Ten of the Clock in the Forenoon.

Their Majesties Answer about being attended.

The Lord Chamberlain acquainted the House, "That the Lords with White Staves have attended Their Majesties, to know what Time they will please to be waited on with the Addresses of this House: And Their Majesties have appointed Thursday next, at Three of the Clock in the Afternoon, in the Banqueting House in Whitehall."

House called.

The House was called over, beginning at the lowest Baron first; and these Lords following were absent; (videlicet,)

Ds. Lempster,
Ds. Cholmondley.
Ds. Griffin,
Ds. Jeffryes,
Ds. Guilford,
Ds. Dartmouth
Ds. Hollis,
Ds. Ward,
Ds. Byron,
Ds. Leigh,
Ds. Coventry,
Ds. Howard E.
Ds. North,
Ds. Pagett,
Ds. Wharton,
Ds. Fitz Walt
Ds. Morley,
Epus. Worcest,
Epus. Chester,
Epus. Exon,
Epus. Carlisle
Viscount Sydney, in Ireland,
Viscount Weymouth,
Viscount Sey & Seale,
Comes Yarmouth,
Comes Plymouth,
Comes Gainesborough,
Comes Sussex,
Comes Shaftesbury,
Comes Anglesey,
Comes Clarendon,
Comes Litchfeild,
Comes Sandwich,
Comes Chesterfeild,
Comes Winchelsea,
Comes Berks
Comes Bristoll
Comes Warwick,
Comes Leicester,
Comes Exeter
Comes Rutland,
Comes Derby,
Dux Sconberge
Dux Bolton,
Dux Northumb'land,
Dux Beaufort,
Dux Grafton,
Dux Richmond,
Dux Somersett,
Absent.
Excused.
Absent.
Minor.
Minor.
Minor.
Minor.
Absent.
Excused.
Absent.
Absent.
Absent.
Minor.
Extra Regnum.
Excused.
Absent.
Absent.
Sick.
Excused.
Excused.
Aged, excused.
Absent.
Absent.
Absent.
Absent.
Minor.
Minor.
Excused.
Absent.
Minor.
Absent.
Absent.
Absent.
Excused.
Minor.
Absent.
Absent.
Minor.
Proxy.
Absent.
Sick.
Sick.
Absent.
Sick.
Excused.
Absent.
Minor.
Infra Ætatem.
Excused.

Absent Lords to be wrote to.

Upon reading over those Lords that were absent, the Letter following was ordered to be writ to them by the Speaker:

"My Lord,

"The House being called over this Day, and your Lordship absent; I am commanded to acquaint your Lordship, that, unless you attend the House on Monday the Fifth Day of December next, or send Two Persons to attest upon Oath your Lordship's Disability by Sickness to attend the House, you will incur the further Displeasure of this House. I am.

"House of Peers, Nov. 21th, 1692."

Muschamp versus Burton.

Whereas there was a Petition and Appeal of Henry Muschamp brought into this House, on Monday the Fourteenth Instant, for setting aside the Enrolment of a Decree supposed to be pronounced by the Lord Chancellor Nottingham, the Eleventh Day of November, One Thousand Six Hundred Seventy-eight, as in the Petition is set forth; whereupon this Day was appointed for Phillip Burton Gentleman to answer thereunto; and upon reading the Petition of the said Phillip Burton; shewing, "That the said Decree was confirmed by the Lord Guilford in One Thousand Six Hundred Eighty-three; and, in February One Thousand Six Hundred Eighty-five, on hearing Counsel on both Sides before the Lord Jeffryes, was ordered to be signed and enrolled; and afterwards the Proceedings were referred to a Master, and certified to the Court; and, on a full Hearing, before the Lord Jeffryes, in February One Thousand Six Hundred Eighty-six, the Enrolment of the Decree was ordered to stand; and in February One Thousand Six Hundred Eighty-seven, there was another Re-hearing, and the former Decree enrolled was confirmed; and then a Bill of Review was brought by Mr. Muschamp, and, on a full Hearing, was dismissed; and that Mr. Muschamp having after these Proceedings obtained an Order in Chancery, of the Seventeenth of December One Thousand Six Hundred Ninety, to set aside the Enrolment of the Decree, Mr. Burton petitioned this House, and therein set forth the several Matters aforesaid; and this House, on the Nineteenth of December One Thousand Six Hundred Ninety-one, on a full Hearing of the said Matters, did discharge the said Order of December One Thousand Six Hundred Ninety, and all subsequent Orders made by the Court of Chancery;" and also shewing, "That Mr. Muschamp, by his Petition, would now draw into Examination again the several Matters upon which this House hath already given Judgement:"

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

Protections.

Then the Names being read, pursuant to the Order of the Seventeenth Instant, of those Lords who have given Protections to any Persons; and the Doorkeepers, being called in, acquainted the House, "That they had summoned such of their Lordships as are about or in the Town, to be here this Day."

And, upon reading the Names of the Persons protected, the House went into a Debate, upon the Earl of Lincolne's having protected several Persons.

And, after some Time spent therein,

This Question was put, "Whether the Protections given by the Earl of Lincolne, and entered in the Book, shall be now vacated?"

It was Resolved in the Negative.

Then the following Orders were made:

Lords who have given them to attend.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Edward Earl of Lincolne do attend this House To-morrow, at Ten of the Clock in the Forenoon, to give Reasons for his protecting Drue Deane, Benjamin Rawson, Barbara Roch, Richard Coney, and Peter Dugna.

D. Norfolke. The like Order, for protecting Francis Gay and
John Browne.
D. Northumb'land. The like Order, for protecting Phillip Elmes.
William Prettyman.
William Bankes.
Christopher Dodsworth.
Francis Brahan.
Edward Plampine.
Charles Blackall.
Jos. Chomat.
Theo. Turner.
Giles Biggs.
Tho. Potter.
Edm. Fitzgerald.
James Atkinson.
E. Huntingdon. The like Order, for protecting Henry Griffith.
E. Denbigh. The like Order, for protecting Thomas Bowyer and
Ford Rogers.
E. Montague. The like Order, for protecting Will'm Wing.
E. Carlisle. The like Order, to attend Thursday next, for protecting Edward Howard.
L. Lexington. The like Order, to attend Thursday next, for protecting Benjamin Adams,
E. Sussex. The like Order, to attend 5° Decembris, for protecting Will'm Smith and
Thomas Fludd.
E. Exeter. The like Order, to attend 5° Decembris, for protecting Peter Mapletoft.
Ld. Visc. Sey & Seale. The like Order, to attend 5° Decembris, for protecting Thomas Howard.
Ld. Howard Esc. The like Order, to attend 5° Decembris, for protecting George Hockenhall.
Will'm Wilkins.
Ld. Byron. The like Order, to attend 5° Decembris, for protecting William Sands.
Thomas Price.
Anthony Dugna, and
Geo. Smathurst.
Ld. Keveton. The like Order, to attend Saturday next, for protecting John Bellingham.
Richard Barry.
Tobias Le Gross.
Abraham Barrington.
Rich. Cresset, and
Geo. Smith.
Edmond Prideaux.
E. Suffolke. The like Order, to attend 21th December, for protecting Thomas Baker.
Ld. Lovelace. The like Order, to attend 28th Instant, for protecting Arnold Browne.
Hugh Hussey.
Math. Helder.
L. Visc. Sidney. A Letter to be sent to him, for protecting Will'm Lavender."

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) 22um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.

Footnotes

* Origin, Epus.