House of Lords Journal Volume 15: 15 February 1692

DIE Lunæ, 15 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bishop of London's Bill.

The Amendments made by the Commons to the Bill, intituled, "An Act to enable the Bishop of London, and Trustees, to sell the Manor of Bushley, in the County of Worcester, Part of the Bishopric of London, and to purchase other Lands, to be annexed to the said Bishopric, for the Improvement thereof." were read Twice, and agreed to; and ORDERED, That the Commons have Notice thereof.

King's Bench, malicious Informations in to prevent, and for more easy Reversal of Outlawries, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better preventing malicious Informations, and for the more easy Reversal of Outlawries, in the Court of King's Bench."

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.

Clandestine Mortgages, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for preventing Frauds by clandestine Mortgages."

Paston versus L. Howard of Eff.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees for Privileges shall meet on Wednesday next, at Four of the Clock in the Afternoon; and that then they shall hear Counsel upon Mr. Paston's Petition, and also for the Lord Howard of Essingham.

Messages from H. C. to return Grantham's Bill, Marq. of Monpovillan Naturalization Bill, Vaughan's Bill, and Halstead's Bill.

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

To return the Bill, intituled, "An Act for enabling Vincent Grantham Esquire to lease Part of the Manor of Golthoe, in Lincolnshire, for the raising Monies to pay Portions and Debts charged thereon;" to which they have agreed, without any Amendment.

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

To return the Bill, intituled, "An Act for naturalizing of Armand Nompar de Caumaunt, Marquis of Monpovillan;" that they have agreed to the Amendments made by this House; and have made some other Amendments, to which they desire the Concurrence of this House.

Which were read Twice, and agreed to; and ORDERED, That the Commons be acquainted therewith.

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

To return the Bill, intituled, "An Act for the settling certain Messuages, Mills, Lands, and Tenements, in the County of Merioneth, upon certain Trustees, to be sold or mortgaged, towards the Payment of the Debts of William Vaughan and Jenkin Vaughan Esq. deceased;" to which they have agreed without any Amendment.

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

To return the Bill, intituled, "An Act to enable Henry Halsted to make a Lease for the Improvement of his Prebend of Eldstreet, in the Church of St. Paul, in London;" to which the Commons have agreed, with One Amendment:

Which was read Twice, and agreed; and ORDERED, That the Commons have Notice thereof.

Peacock versus Spooner.

After hearing Counsel this Day; at the Bar, upon the Petition of Thomas Peacock; as also upon the Answer of Henry Spooner and others put in thereunto:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all the Judges do attend this House on Wednesday next, at Ten of the Clock in the Forenoon.

Tooke versus L. Chief Baron Atkins.

The Order being read, for Mr. Took and the Lord Chief Baron Atkins' Cause to come on:

Then Sir Robert Atkins, the Speaker, adjourned the House during Pleasure, and withdrew.

Marq. Halifax Speaker pro Tempore.

And the House unanimously chose the Lord Marquis of Halifax Speaker pro Tempore; who took his Place on the Woolsack.

Tooke versus L. Chief Baron Atkins.

And the House went on with the Debate about the Points of Fact, not agreed how it was stated by the Counsel; and concerning the Lord Commissioner Rawlinson's being called in, pursuant to the Order, to give an Account of the Award made by him.

And, after some Time spent therein;

The Question was put,

"Whether the Lord Commissioner Rawlinson shall be called in?"

It was Resolved in the Negative.

And then, Counsel being called in, and heard, the following Order was made:

Precedents to be searched, of affirming Part of a Decree, and reversing another; and if, upon new Evidence being offered, a new Trial below has not been ordered.

"After hearing Counsel this Day, upon the Petition and Appeal of Thomas Took, and the Answer of the Lord Chief Baron Atkins put in to the said Petition; and also hearing the Barons of the Exchequer, and Debate thereupon; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Clerks do search Precedents, whether One Part of a Decree hath been set aside, and the other Part affirmed; whether when some Matters have been proposed here at the Bar, or some Evidence offered that was not in the Cause in the Court from whence the Appeal comes, whether then this House hath not directed another Trial in the same Court below; and where a Decree hath been affirmed, and a Release set aside; and do give the House an Account of what they find, on Wednesday next, at Twelve of the Clock."

D. Bolton versus Ryley et al.

It is ORDERED by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Serjeant Ryley, Mr. William Wicket, and Mr. Charles Low, who were ordered to attend the House this Day, shall attend on Friday next, at Ten of the Clock in the Forenoon, to answer such Things as shall be objected against them on the Behalf of his Grace the Duke of Bolton.

Alnage Bill.

Upon the Counsels being called in and heard this Day, pursuant to the Order of the Tenth of this Instant, they not being ready with Proposals as ordered:

It is ORDERED; by the Lords Spiritual and Temporal in Parliament assembled, That the Counsel for the Clothiers and the Dutchess of Richmond do concert together, and bring hither what Proposals they shall agree on, on Wednesday next, at Ten of the Clock in the Forenoon; and if they cannot agree, that then the Counsel for the Clothiers shall bring such Proposals as they shall think fit to offer to the Dutchess of Richmond.

Then the Counsel were called in, and told this; and that the House was displeased with the Delay in this Business; and that Counsel's being sick was not a sufficient Excuse.

Adjourn.

Marchio de Halifax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Martis, (videlicet,) 16^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.