House of Lords Journal Volume 14: 2 December 1691

DIE Mercurii, 2 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Examination of Public Accompts.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners appointed by a late Act of Parliament, to examine, take, and state, the Public Accompts of the Kingdom, do send an Accompt in Writing, under any Five or more of their Hands and Seals, to this House, of their Examinations and Proceedings, how the Public Treasure, Revenues, and other Things mentioned in that Act, have been disposed of.

Parker versus Thornhill.

After hearing Counsel, at the Bar, the Thirtieth Day of November last, upon the Petition and Appeal of Philadelphia, George, Robert, Thomas, and William Parker, Children of Dame Sarah Parker Daughter of George Chute the Elder Esquire, deceased, being Infants, by the said Dame Sarah Parker their Guardian, from a Decree made in the Court of Chancery, the Third Day of February last, on the Behalf of Jeremiah Thornhill, Edward Barradall, John Tylt, William Lambert, and several others in the Petition named, Complainants in the said Suit in Chancery, now Defendants; as also upon the Answer of the said Jeremiah Thornhill, Edward Barradall, John Tylt, William Lambert, and several others, named in the Answer put in to the said Petition and Appeal:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Matter upon the Petition of the said Philadelphia, George, Robert, Thomas, and William Parker, Children of Dame Sarah Parker, and the Answer of the said Jeremiah Thornhill, Edward Barradall, John Tylt, William Lambert, and several others, Defendants to the said Appeal, shall be, and is hereby, referred to a Trial at Law; after which, either Side may resort to this House.

Gawdy versus Scroggs.

Upon reading the Petition and Appeal of Anthony Cawdy Esquire, from several Decrees made in the High Court of Chancery in Two several Causes; one, wherein Sir Will'm Scroggs Knight, deceased, was Plaintiff, against the Petitioner and others Defendants, the Thirteenth Day of May, One Thousand Six Hundred Eightytwo, and since revived by his Son the now Sir William Scroggs; and another, wherein Erasmus Smith Esquire was Plaintiff, against Sir William Scroggs Son and Heir of Sir William Scroggs the Petitioner, and others, Defendants, the Sixteenth Day of June last past; and praying Relief, and that all Proceedings may be stayed in the Courts below:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir William Scroggs may have a Copy of the said Petition and Appeal; and be, and is hereby, required to put in his Answer thereunto, in Writing, on Saturday the Twelfth Day of December Instant, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause Notice to be given to the Defendant, to the End he answer accordingly.

ORDERED, That all the Causes which were appointed to be heard this Day shall be heard on Friday next; and the House to fit at Nine of the Clock.

Coney versus Turell.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause appointed to be heard on Friday next, wherein Mary Coney is Plaintiff, and Samuell Tirrell Defendant, shall be heard on Tuesday the Fifteenth Day of this Instant December, at Ten of the Clock in the Forenoon.

Fowkes versus Joyce.

ORDERED, That the Cause appointed to be heard To-morrow, wherein Thomas Joyce is Plaintiff, and Richard Fowkes and others are Defendants, shall be heard on Wednesday the Sixteenth Day of this Instant December, at Ten of the Clock in the Forenoon.

Burton versus Muschampe.

Upon reading the Petition and Appeal of Phillip Burton Gentleman, against an Order made the Seventeenth Day of December, One Thousand Six Hundred and Ninety, and other Orders made in the Court of Chancery, in certain Causes depending in the said Court, between Henry Muschampe Complainant, and the Petitioner Defendant; and the Petitioner Complainant, and the said Henry Muschampe Defendant; and praying, "That the said Henry Muschampe may answer to the said Petition, and that the said Order may be reversed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Muschampe may have a Copy of the said Petition and Appeal; and be, and is hereby, required to put in his Answer thereunto, in Writing, on Wednesday the Ninth Day of this Instant December, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause Notice to be given to the Defendant, to the End he answer accordingly.

Old Governors of Birmingham School versus Reg. & Regin.

Upon reading the Petition and Appeal of Samuell Carter Esquire, Isaac Stanton, George Wyrly, William Colmore, William Doley, and Thomas Rowney, the old Governors of the Free Grammar School of Birmingham, in the County of Warwick, on the Behalf of themselves and the other Governors of the said School that have by them been duly elected Governors of the said School, against the new Governors of the said School, who exhibited their Bill in Chancery in the Name of the Attorney General; praying that the Surrenders of the School might be enrolled; which, upon hearing the Cause, the Tenth Day of July last, the Court ordered accordingly, and that the Government of the said School be settled under the said new Charter; and praying the Reversal of the said Decree:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the new Governors of the said School, who exhibited their Bill in the Name of Their Majesties Attorney General, may have a Copy of the said Petition; and be, and are hereby, required to put in their Answer thereunto, in Writing, on Saturday the Twelfth Day of this Instant December, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause Notice to be given to the Defendants, to the End they answer accordingly.

Roberts's Bill.

Hodie 3^a vice lecta est Billa, 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."

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 Sir John Francklyn:

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

L. Hatton's and Bo. of Ely's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the settling of a Fee Farm Rent of One Hundred Pounds per Annum upon the Bishop of Ely and his Successors, to be issuing out of Hatton Garden, in the County of Midd'x, and the Messuages thereupon erected; and for the settling and assuring the same, subject to the said Rent, upon Christopher Lord Viscount Hatton, his Heirs and Assigns for ever."

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

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.

Message from H. C. to return Stidolph's Bill; and Sir T. Putt's Bill.

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

To return the Bill, intituled, "An Act for Sale of the Manor and Lands in Wittering, in the County of North'ton, and the Advowson of the Church of Wittering aforesaid, late the Inheritance of William Stydolse Esquire, deceased, late Father of Sigismond Stydolfe Esquire;" (fn. 2) which they have agreed to, without any Amendment.

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

To return the Bill, intituled, "An Act to enable the Executors and Trustees of Sir Thomas Putt Baronet, deceased, to lease several Messuages, Lands, Tenements, and Hereditaments, during the Minority of Sir Thomas Putt Baronet, Son and Heir of the said Sir Thomas Putt, towards the Payment of Five Hundred Pounds apiece Legacies to his Three Sisters, Margaret, Ursula, and Susanna Putt, as also the Debts of the said Sir Thomas Putt the Father;" to which they have agreed, without any Amendment.

Chancery, &c. Bills of Review, Bill.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Committee appointed to consider of the Bill, intituled, "An Act for the better determining of Causes on Bills of Review in Chancery and other Courts of Equity," do meet Tomorrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and that Sir William Rawlinson One of the Lords Commissioners of the Great Seal, the Lord Chief Justice Holt, Mr. Justice Eyre, and Mr. Justice Rookesby, do then attend the said Committee.

Regulating Trials for Treason, Bill.

The House was adjourned during Pleasure, and put into a Committee, on the Bill, intituled, "An Act for regulating of Trials in Cases of Treason."

After some Time, the House was resumed.

And the Lord Cornwallis reported, "That the Committee had gone through the Bill; and ordered him to report To-morrow, if the House think fit."

Which the House ordered accordingly.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, (videlicet,) 3^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.