House of Lords Journal Volume 14
25 November 1691

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 14: 25 November 1691', Journal of the House of Lords: volume 14: 1685-1691 (1767-1830), pp. 661-663. URL: http://www.british-history.ac.uk/report.aspx?compid=13371 Date accessed: 02 September 2014.


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DIE Mercurii, 25 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Yorke.
Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Rochester.
Epus. St. David's.
Epus. Sarum.
Epus. Chester.
Epus. Worcester.
Epus. Oxon.
Epus. Ely.
Epus. Norwich.
Epus. Peterborough.
Epus. Gloucester.
Epus. Chichester.
Epus. Bath & Wells.
Epus. Bristoll.
Ds. President.
Dux Norfolke.
Dux Ormond.
Dux St. Albans.
Dux Bolton.
March. Hallifax.
Ds. Magnus Camerarius.
Ds. Senescallus.
Ds. Camerarius.
Comes Shrewsbury.
Comes Kent.
Comes Pembroke.
Comes Lincolne.
Comes Suffolke.
Comes Bridgewater.
Comes Denbigh.
Comes Bristoll.
Comes Clare.
Comes Westmerland.
Comes Manchester.
Comes Mulgrave.
Comes Rivers.
Comes Stamford.
Comes Kingston.
Comes Carnarvon.
Comes Chesterfeild.
Comes Bath.
Comes Craven.
Comes Sussex.
Comes Feversham.
Comes Berkeley.
Comes Rochester.
Comes Abingdon.
Comes Monmouth.
Comes Montagu.
Comes Marlborough.
Comes Torrington.
Comes Warrington.
Viscount Newport.
Viscount Weymouth.
Viscount Sidney.
Viscount Longueville.
Viscount Villers.
Ds. Willoughby Er.
Ds. De la Ware.
Ds. Berkeley Ber.
Ds. Fitz Walter.
Ds. Eure.
Ds. Chandos.
Ds. Brooke.
Ds. Grey.
Ds. Maynard.
Ds. Jermyn.
Ds. Vaughan.
Ds. Colepeper.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Crew.
Ds. Keveton.
Ds. Carteret.
Ds. Ossulston.
Ds. Godolphin.
Ds. Cholmondley.
Ds. Ashburnham.

PRAYERS.

L. Keveton to attend.

ORDERED, That the Lord Keveton attend this House on Saturday next.

Ewelme Hospital versus Borough of Andover.

The House being this Day moved, "That Colonel Richard Holt may enter into Recognizance for Mr. Drake, upon the Appeal depending in this House, between Ewelme Hospital and the Town of Andover:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Colonel Richard Holt may enter into Recognizance, as desired, for Mr. Drake.

Fleetwood versus Fleetwood.

Upon reading the Petition of Richard Fletewood Appellant, against Richard Fletewood Defendant, "That a Day may be appointed for hearing of his Cause:"

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 Saturday the Twelfth Day of December next, at Ten of the Clock in the Forenoon.

Causes put off.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Causes this Day appointed, wherein Benjamine Albin is Appellant, and Samuel Moyer Respondent; and also the Cause wherein George Hitchcocke is Defendant, and Obadiah Sedgwick Plaintiff; and the Cause wherein Lady Parker is Appellant, and Thornhill and others are Respondents; shall be heard, by their Counsel, at the Bar, on Monday the Thirtieth Day of this Instant November, at Nine of the Clock in the Forenoon.

Moore's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for enabling Francis Moore, of Essex, Esquire, to sell the Manor of Bayhouse and Lands in West Thorock, in the County of Essex, and to purchase and settle other Lands in Lieu thereof."

Shatterden's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to vest the Estate, late of Henry Drax Esquire, deceased, in Thomas Shatterden Gentleman; and to enable the said Thomas Shatterden and others, to whom the said Estate is devised, to make a Jointure."

Roberts's Bill.

The Earl of Stamford reported the Bill, intituled, "An Act to vest certain Messuages, Lands, and Tenements, in Thorpe Langton and elsewhere, in the County of Leicester, in Trustees, to be sold, for Payment of the Debts of Richard Roberts Esquire, and for raising Portions for his Daughters," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed.

Mountagu's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the vesting and settling divers Lands in Gloucestershire in Trustees, to be sold, for the Payment of the remaining Portions to the Children of George Mountagu Esquire, deceased."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Doctor Edisbury:

To carry down the said Bill, and desire their Concurrence thereunto.

Then there arose a Debate, "Whether, at the Rising of the House this Day, it shall not be adjourned to Saturday next?"

After Debate;

The Question was put, "Whether this House shall fit on Friday next?"

It was Resolved in the Negative.

Contents to go below the Bar when the House divides.

Then, upon the Division of the House, a Debate arose, "Whether the CONTENTS, or NOT CONTENTS, upon Divisions in the House, shall go out for the future?"

After Debate;

This Question was proposed, "Whether, for the future, upon Divisions in the House, the CONTENTS shall go out?"

Then this previous Question was put,

"Whether this Question shall be now put?"

It was Resolved in the Affirmative.

Then the main Question was put,

"Whether, for the future, upon Divisions in the House, the CONTENTS shall go out?"

It was Resolved in the Affirmative.

It is Resolved upon the Question, That, for the future, when there shall be a Division in the House, upon any Question, the CONTENTS shall go below the Bar, and the NOT CONTENTS stay within the Bar: And it is ORDERED, That this Resolution be added to the Roll of Standing Orders of this House.

Legh versus Aspinall.

Whereas Friday next was appointed for hearing the Causes, wherein Richard Legh and others are Plaintiffs, and Gilbert Aspinall is Defendant, and the Cause wherein John Woollaston is Plaintiff, and Richard Stephens Defendant; and it being also ordered, that the House should then be in a Committee, to proceed on the Bill for regulating Trials for Treason:

It is this Day ORDERED, That this House will, on Saturday next, hear the said Causes, and be in a Committee to proceed on the said Bill.

Browne versus Wayte.

Whereas this Day was appointed for hearing the Judges, and giving Judgement, upon the arguing of the Errors assigned upon the Writ of Error depending in this House, wherein Richard Browne is Plaintiff, and Edmond Wayte Defendant:

After having heard the Judges, and Debate thereupon, this Question was put,

"Whether this Debate shall be adjourned to Saturday next?"

It was Resolved in the Negative.

Then, after further Debate upon some Question that did arise, this main Question was proposed,

"Whether all the Judges shall be heard, before the House proceed to give Judgement in this Case?"

Then this previous Question was put,

"Whether this Question shall be now put?"

It was Resolved in the Affirmative.

Then the main Question was put,

"Whether all the Judges shall be heard, before the House proceed to give Judgement in this Case?"

It was Resolved in the Affirmative.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Hearing the Judges in this Case, and the Debate thereupon, shall be adjourned to Monday next; and that all the Judges do then attend the House, to answer such Questions as they shall be asked in this Case.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all the Judges do attend this House on Monday next, at Ten 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 Jovis, (videlicet,) 26um diem Novembris, hora decima Aurora, Dominis sic decernentibus.