House of Lords Journal Volume 15: 21 December 1692

DIE Mercurii, 21 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Nussey versus Sheppard.

Upon hearing Counsel this Day, at the Bar, upon the Petition of Gilbert Nussey Gentleman, from a Decree made in the Court of Chancery (in Two Causes), the Two and Twentieth Day of June last, on the Behalf of William Sheppard and Thomas Sheppard, by which the Petitioner's Bill was dismissed, and the Respondents Bill detained, and the Mortgage-money decreed to the Respondents, as in the Petition, amongst other Things, is set forth; as also upon the Answer of William Sheppard and Thomas Sheppard put in thereunto:

After due Consideration had of what was offered by Counsel thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree complained of in the said Petition shall be, and is hereby, reversed, as to foreclosing the Appellant the Benefit of Redemption; and that the Appellant be admitted to redeem, paying the Principal and Interest (without Costs), the Appellant being allowed what Interest was in Arrear at the Time of the Death of Edward Sheppard, and what Interest incurred during the Life-time of Elizabeth Sheppard.

Message from H. C. for a Conference, on the Papers delivered to them.

A Message was brought from the House of Commons, by Sir John Moreton and others:

To desire a Conference, upon the Subject-matter of the last Conference.

To which the House agreed.

Answer.

Then the Commons, being called in, were told, "That this House agrees to a Conference, as desired; and appoints it at One of the Clock this Day, in the Painted Chamber."

Waller, Gentleman of the Privy Chamber, discharged from an Arrest.

Upon Report from the Lords Committees for Privileges, "That they have considered the Petition of Thomas Waller, One of the Gentlemen of the Privy Chamber in Ordinary to His Majesty; and that the Committee are of Opinion, That Mr. Waller ought to have Privilege in this Case, and be discharged from his Imprisonment:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Waller shall be, and is hereby, discharged from the Imprisonment he now lies under, without paying any Fees; and this shall be a sufficient Warrant on that Behalf.

To the Master, Marshal, or Keeper of The King's Bench Prison, his Deputy and Deputies, and every of them.

Macclesfield's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Ralph Macclesfeild to sell Lands, for Payment of Debts, and making Provision for his Wife and Children."

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

It was Resolved in the Affirmative.

Powell's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the settling of the Manor of Kingsnoth, for the enabling Barnham Powell Esquire to make Provision for his Younger Children."

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

It was Resolved in the Affirmative.

Message to H. C. with these Bills.

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

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

Hurt versus Eyre and Attorney General of the Dutchy.

Upon reading the Petition of Thomas Eyre; shewing, That the Petitioner and Edward Northey Esquire Their Majesties Attorney General of the Dutchy of Lancaster have attended, and answered to the Petition and Appeal of Nicholas Hurt and Elizabeth his Wife, which was dismissed by this House; and praying an Order to Nicholas Hurt and Elizabeth his Wife, to reimburse the Petitioner his Costs in this Behalf sustained:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Thomas Eyre shall be, and is hereby, rejected.

Ld. Chief Baron, about auditing Accompts of Customs.

The Lord Marquis of Halifax reported from the Lords Committees for Privileges, to whom was referred the Petition of the Lord Chief Baron Atkyns, Speaker of the House of Peers, "That they have heard Persons concerned, and had ordered him to report the Case specially to the House."

Which he did.

And the Lord Godolphin, being present, was heard as to the Transactions at the Treasury in this Case.

And, after hearing the Lord Chief Baron, and other Barons;

No Privilege in this Case.

The Question was put, "Whether the Possession be such a Possession as creates a Privilege?"

It was Resolved in the Negative.

Report of the Conference on the Papers delivered to H. C.

The Commons being come to the Conference, the last Managers Names were read; and the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord President reported, "That he and the other Managers had attended the Conference; and that the Commons have returned the Narrative, Papers, and Letters (which were received in this House pursuant to an Address to His Majesty), and delivered them at a Conference Yesterday; and the Commons said, That they had read and well considered them; and finding Mr. Russell, a Member of their House, often mentioned in them, the Commons unanimously came to this Resolution; (videlicet,)

Vote of H. C. approving Admiral Russel's Conduct.

That Admiral Russell, in his Command of the Fleet during the last Summer's Expedition, has behaved himself with Fidelity, Courage, and Conduct."

Report of the Conference to be considered.

The House being moved, "That a Day may be appointed, for taking into Consideration the Report made this Day from the Conference with the House of Commons:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Report shall be taken into Consideration To-morrow, at Twelve of the Clock; and all the Lords to be summoned then to attend.

Indemnity Bill, for Persons who acted in Their Majesties Service.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled; That on Friday next, at Twelve of the Clock, the House shall be put into a Committee, to proceed upon the Bill, intituled, "An Act for preventing Suits against such as acted for Their Majesties Service, in Defence of the Kingdom;" and no other Business to intervene.

Adjourn.

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