House of Lords Journal Volume 15: 9 December 1692

DIE Veneris, 9 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Otterington versus Hayes.

The House being this Day moved, on the Behalf of John Otterington, "That Arthur St. Leger may enter into Recognizance for him upon his Appeal in this House:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Arthur St. Leger may enter into Recognizance for the said John Otterington, as desired.

Johnson, who arrested L. Lucas's Servant, discharged.

Upon reading the Petition of Marmaduke Johnson; shewing, "That he is very sorry for his Offence committed against the Lord Lucas and this House; and praying to be discharged:"

He being brought to the Bar, and being reprimanded for his Offence; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Marmaduke Johnson shall be, and is hereby, discharged, paying his Fees; and this shall be a sufficient Warrant on that Behalf.

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

Molyneux's Bill.

The Earl of Bridgewater reported the Bill, intituled, "An Act for the rectifying a Mistake in a certain Act of this present Parliament, passed in the Year One Thousand Six Hundred Ninety and One, intituled, An Act to vest certain Lands of William Molyneux 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 sit to pass, without any Amendment.

ORDERED, That the said Bill be engrossed.

Butter and Cheese Bill.

The Lord Cornwallis reported the Bill, (intituled, "An Act for preventing Abuses committed by the Searchers and Weighers of Butter and Cheese,") with several Amendments.

Which were read, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Inhabitants of Oundle, &c. versus Barton.

The House being this Day moved, "That a Day may be appointed for hearing of the Cause wherein the Attorney General is Appellant, and Thomas Barton and others Respondents:"

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 Monday the Second Day of January next, at Ten of the Clock in the Forenoon.

Brock versus Cutler.

Upon reading the Petition and Appeal of Joseph Brocke, against a Decree of Dismission lately pronounced against him in the Court of Chancery, in a Cause there depending, wherein the Petitioner was Plaintiff, against Sarah Cutler, Relict and Executrix of Francis Cutler deceased, Defendant; and praying the Reversal of the said Decree of Dismission:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sarah Cutler may have a Copy of the said Petition and Appeal; and be, and she is hereby, required to put in her Answer thereunto, in Writing, on Monday the Nineteenth Day of this Instant December, at Ten of the Clock in the Forenoon.

Advice to His Majesty.

Then the House was adjourned during Pleasure, and put into a Committee, pursuant to the Order Yesterday, upon giving Advice to His Majesty, and considering the Papers and Letters delivered (by the Earl of Nottingham) upon the Address from this House to His Majesty.

And, after a long Time spent in reading the said Papers and Letters, the House was resumed,

Member of H. C. Committee to consider how one may be spoke with by this House.

And moved, "That some Way might be found, whereby a Member of the House of Commons might be spoke with by this House."

Hereupon the Committee following was named.

Lords Committees appointed to search Precedents, and consider of Methods and Ways, how a Member of the House of Commons may be spoke with by this House.

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.

ORDERED, That the House shall be put into a Committee again To-morrow, at Eleven of the Clock, to proceed in giving Advice to His Majesty, upon the Papers and Letters brought in by the Earl of Nottingham; and no other Business to intervene.

Commissioner of Great Seal & al. to be heard about committing Ford, Gay's Solicitor.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees for Privileges shall meet on Monday next, at Four of the Clock in the Afternoon, in the House of Peers; and that the Lord Commissioner Rawlinson, and such others as were appointed to be heard this Day at the said Committee, do then attend.

Conyngham versus Sir R. Creighton, alias Murray.

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will proceed to hear Counsel, in the Cause wherein Lieutenant Colonel Conyngham is Appellant, and Sir Robert Murrey alias Creighton, Respondent, on Tuesday next, at Ten of the Clock in the Forenoon; and that all the Judges do then attend the House.

Trosse versus Pearce.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Henry Trosse Esquire, from a Decree made by the Lords Commissioners of the Great Seal, the One and Twentieth Day of November, One Thousand Six Hundred Ninety-one, on the Behalf of Edward Pearce and Rebecca his Wife; as also on the Answer of Edward Pearce and Rebecca his Wife put in thereunto:

After hearing Counsel for the Appellant; the Counself or the Respondent insisted, "That the Appellant ought not to be permitted to read a Deed not read in Chancery."

And, after due Consideration had of what was offered by the Counsel to this Point, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Appellant shall have Liberty to produce the Deed in Chancery, dated the Thirtieth Day of October, 16° Caroli Secundi, between Nicholas Tross, Henry Tross, and Walter Tross, of the one Part, and Benjamin Oliver of the other Part, leading or declaring the Use of the Fine, and to prove it, if Need be; and the Court of Chancery, upon hearing the whole Matter, to proceed de novo to decree thereupon.

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, (videlicet,) decimum diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.