House of Lords Journal Volume 15
13 December 1692

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 15: 13 December 1692', Journal of the House of Lords: volume 15: 1691-1696 (1767-1830), pp. 145-146. URL: http://british-history.ac.uk/report.aspx?compid=11865 Date accessed: 30 September 2014.


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DIE Martis, 13 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Landaffe.
Epus. Coven. & Litch.
Epus. St. David's.
Epus. Sarum.
Epus. Bangor.
Epus. Chester.
Epus. Oxford.
Epus. Ely.
Epus. Hereford.
Epus. Norwich.
Epus. Peterborough.
Epus. Chichester.
Epus. Lincolne.
Dux Cumberland.
Ds. Præses.
Ds. Custos Privati Sigilli.
Dux Norfolke.
Dux South'ton.
Dux St. Albans.
March. Halifax.
Ds. Magnus Camerarius.
Ds. Senescallus.
Comes Oxford.
Comes Shrewsbury.
Comes Kent.
Comes Huntingdon.
Comes Bedford.
Comes Bridgewater.
Comes Denbigh.
Comes Clare.
Comes Westmorland.
Comes Manchester.
Comes Mulgrave.
Comes Stamford.
Comes Carnarvon.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Bathe.
Comes Carlisle.
Comes Craven.
Comes Ailesbury.
Comes Sussex.
Comes Feversham.
Comes Maclesfeld.
Comes Rochester.
Comes Abingdon.
Comes Portland.
Comes Montagu.
Comes Marleborough.
Comes Torrington.
Comes Scarborough.
Comes Warrington.
Viscount Newport.
Viscount Weymouth.
Viscount Longueville.
Viscount Villiers.
Ds. Willoughby Er.
Ds. Berkeley Ber.
Ds. Eure.
Ds. Howard Eff.
Ds. Chandos.
Ds. Hunsdon.
Ds. Gray War.
Ds. Maynard.
Ds. Jermyn.
Ds. Vaughan.
Ds. Ward.
Ds. Culpeper.
Ds. Clifford.
Ds. Lucas.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Granville.
Ds. Cornwallis.
Ds. Crewe.
Ds. Arundell Tr.
Ds. Keveton.
Ds. Cholmondeley.
Ds. Ashburnham.
Ds. Capell.
Ds. Leinster.

PRAYERS.

Sir R. Smyth's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the Sale of Lands by Sir Robert Smyth; and settling other Lands, of a greater Value, to the same Uses, in Lieu thereof."

Hawley's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Estate, Real and Personal, late of Henry Hawley, in Trustees, to be sold, or otherwise disposed, for the Benefit of his Daughters and Heirs Susanna and Mary, who are both Minors."

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 Robert Legard:

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

Claim to the Title of E. of Banbury.

Upon reading the Petition of a Person that claimeth the Title of Earl of Banbury:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear His Majesty's Attorney General on His Majesty's Behalf (and all other Persons that may be concerned therein), against the said Claim, as also Counsel for the Person who claims the said Title of Earl of Banbury, on Monday the Ninth Day of January next, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause timely Notice to be given to His Majesty's Attorney General, and all other Persons that may be concerned in the said Claim.

Creech versus Maundrell et al.

Upon reading the Petition of Henry Creech; complaining of a Nonsuit, on the Behalf of Robert Maundrell and others, the Ninth of November, One Thousand Six Hundred Seventy-eight, and a Decree thereupon against the Petitioner, on no other Equity but the said Nonsuit; and therefore, and for several Errors and Imperfections in the said Proceeding and Decree, prays the Reversal thereof:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Maundrell, and others concerned, may have a Copy of the said Petition; and do put in their Answer or respective Answers thereunto, in Writing, on Wednesday the Fourth Day of January next, at Ten of the Clock in the Forenoon.

Hoare versus Moulton.

The House being this Day moved, "That a Day may be appointed for hearing of the Cause wherein John Hoare is Appellant, and John Moulton Respondent; and that Nicholas Honey may enter into Recognizance for the Appellant:"

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 Wednesday the Fourth Day of January next, at Ten of the Clock in the Forenoon; and that Nicholas Honey may enter into Recognizance for the Petitioner, as desired.

Oxon University Charters, &c. additional Act for confirming:

Whereas Monday next is appointed for hearing of Counsel for and against the Bill, intituled, "An additional Act for Confirmation of the Charter, Liberties, and Privileges, of the University of Oxford:"

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel for and against the said Bill shall be heard on Friday the Three and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon.

Judges to attend about it.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all the Judges do attend this House on Friday the Three and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon.

Conyngham versus Sir R. Creighton, alias Murray.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Henry Conyngham Esquire, and others, as also upon the Answer of Sir Robert Murray, alias Creighton, put in thereunto, as to this Point, "Whether the Scotch Decree, complained of in the said Petition, and which was read in the Chancery in Ireland, shall be given in Evidence at the Bar, in the Cause now before this House;" and after hearing the Judges Opinions in this Case, and Debate thereupon:

It was Resolved, upon the Question, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree made in Scotland, complained of in the Petition of Henry Conyngham and others, shall not be given in Evidence in the Cause now before this House.

After having heard Counsel several Days, at the Bar, upon the Petition and Appeal of Henry Conyngham Esquire, Son and Heir of Sir Albert Conyngham Knight, lately deceased, on the Behalf of himself and others; complaining of a Decree made in the High Court of Chancery in Ireland, on or about the Eighteenth Day of June One Thousand Six Hundred Eighty-six, in Favour of Sir Robert Murray, alias Creighton, against the said Petitioner's Father and others, Defendants in that Cause, whereby the Conveyances of a Real Estate in Ireland, made by James late Earl of Annondale, on or about the Ninth and Tenth Days of March One Thousand Six Hundred Fifty-three, under which they claimed, were set aside as forged, and a Confirmation of the said Decree, upon a Bill of Review, on or about the Seventh Day of November, One Thousand Six Hundred Eighty-seven; which Decree and Confirmation was chiefly grounded upon reading a Decree made in Scotland, for lacerating and setting aside the said Deeds, as forged; and that the Possession of the Premises hath been or is endeavoured to be altered, pursuant to the Directions of the said Decree, and the Respondent's Verdicts thereupon, as in the Petition amongst other Things is suggested; and therefore praying the Reversal thereof; as also hearing Counsel upon the Answer of Sir Robert Murray, alias Creighton, put in to the said Petition and Appeal, and due Consideration had of what was offered by Counsel thereupon:

It is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree, made in the Court of Chancery in Ireland, on or about the Eighteenth Day of June One Thousand Six Hundred Eighty-six, in Favour of Sir Robert Murray, alias Creighton, and the Confirmation thereof on the said Bill of Review, complained of in the Petition and Appeal of Henry Conyngham, shall be, and they are hereby, reversed: And it is further ORDERED, That the Court of Chancery in Ireland shall issue out of that Court a Commission, to examine Witnesses in the Kingdom of Scotland, whether the said Deeds above mentioned were forged, or not.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) decimum quartum diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.