House of Lords Journal Volume 15: 12 February 1692

DIE Veneris, 12 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Highways, for repairing, &c. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better repairing and amending the Highways, and for settling the Rates of Carriages of Goods."

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

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 to the Amendment.

Northcote versus Northcote.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein William Northcott is Plaintiff, and Francis Northcott and other Defendants, on Tuesday the Sixteenth Day of this Instant February, at Ten of the Clock in the Forenoon, the First Business.

Stickland versus Coker.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein John Stickland and others are Plaintiffs, and Robert Coker Defendant, on Wednesday the Seventeenth Day of this Instant February, at Ten of the Clock in the Forenoon.

Beaple versus Gay.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Case of Thomas Beaple, and Martha Gay and Edward Ford, To-morrow, at Ten of the Clock in the Forenoon.

Verdon versus Cooke.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Sarah Verdon and others are Plaintiffs, and Roger Cooke Defendant, on Saturday the Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon.

Medcalfe versus Mitchell.

The House being moved, on the Behalf of William Medcalfe, Defendant to the Petition and Appeal of Daniell Mitchell, "That a short Day may be appointed for hearing of the Cause, the Appeal being vexatious:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on either Side, on Saturday the Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon.

Phillips versus Phillips.

Upon hearing Counsel this Day, at the Bar, upon the Petition of Elizabeth Phillips, being an Appeal from a Decretal Order, made the Three and Twentieth Day of June last, and from an Order of Re-hearing, made the Eighteenth Day of December last, on the Behalf of Dame Marina Phillips, et è contra; as also upon the Answer of the said Dame Marina Phillips, put in to the said Petition:

After due Consideration had of what was offered by Counsel upon the said Petition and Answer, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Elizabeth Phillips shall be, and is hereby, dismissed this House; and that the Decree made upon the said Orders, from which she appealed, shall be, and is hereby, affirmed.

Paston & al. versus L. Howard of Eff. Privilege.

Upon reading the Petition of the Honourable Robert Paston Esquire, and Charles Shaw Esquire, in the Behalf of themselves and Anne and Elizabeth their Wives, being the Daughters and Heirs of Phillip Harbord Esquire, deceased, and Grand-daughters of Sir Charles Harbord, also deceased; praying, "That they may have Leave to proceed in the Court of Chancery against the Lord Howard of Effingham and his Lady, to have the Benefit of their Trusts and Executorship (as in the Petition is set forth):"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, referred to the Lords Committees for Privileges, to hear Counsel for the Petitioners, and for the Lord Howard of Effingham and his Lady, and report to the House.

Cunningham versus Sir R. Murray alias Creighton.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir James Calwald, Colonel Gustavus Hamilton, Colonel Ecklin, Charles Calwald, Colonel Murrey, and Captain Fleming, do attend this House To-morrow, at Ten of the Clock in the Forenoon, as Witnesses on the Behalf of Sir Robert Creighton, alias Murrey, Respondent, against Henry Cuningham Esquire, Appellant, in the Matter relating to the Possession of the Estate in Question.

Quakers Evidence Bill.

The House was adjourned during Pleasure, and put into a Committee, upon the Bill, intituled, "An Act for empowering the High Court of Chancery and Their Majesties Court of Exchequer to accept of the solemn Answer or Evidence of any of the People called Quakers."

And, after some Time spent therein, the House was resumed.

And the Lord Cornwallis reported, "That the Committee had passed the said Bill, with several Amendments."

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

Dorney versus Powis, protected by the E. of Lincoln.

A Petition being offered by Mary Dorney; shewing, "That Richard Powis is protected by the Earl of Lincolne, whereby she is hindered of her Proceedings at Law against him:"

The Earl of Lincolne, being informed thereof, declared in the House, "He revoked any Protection by him given to the said Richard Powis."

Duke and Dutchess of Norfolk.

The Counsel were called in for his Grace the Duke of Norfolke, and also for her Grace the Dutchess of Norfolke; and Mrs. Sawbridge and Mrs. Stourton were likewise called in, and their Evidence was taken in the Presence of each other.

Then the Common and Civil Lawyers were heard, to sum up the Evidence on both Sides.

After which, the Counsel withdrew.

And a Debate arising, for adjourning the further Hearing of this Business until another Day;

And, after some Time spent therein,

The Question was put, "Whether the further Hearing of this Cause shall be adjourned to another Day?"

It was Resolved in the Negative.

Then the Counsel were called in again, and the Dutchess's Counsel proceeded to sum up their Evidence.

Which done, the Duke's Counsel replied thereto.

After which, the Counsel withdrew.

Then the Order following was made:

"After hearing, this Day, the Counsel and Civil Lawyers for his Grace the Duke of Norfolke, and also Counsel and a Civil Lawyer for her Grace the Dutchess of Norfolke, who summed up the Evidence for their Graces severally, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That on Tuesday next, at Twelve of the Clock, this House shall proceed in the Debate of this Business; and that then no other Business whatsoever shall intervene; and that all the Lords in and about the Town shall be summoned then to attend; and that the Officers that summon them give the House an Account of what Lords they summon."

Adjourn.

Rob'tus Atkyns, Miles de Balneo; Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, (videlicet,) 13^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us, this 1st Day of December, 1692,

J. Bridgewater.
Manchester.
Craven.
P. Winchest.
J. Norwich.
Ric. Peterb.