House of Lords Journal Volume 14: 9 July 1689

DIE Martis, 9 die Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Marq. de Halyfax Speaker pro Tempore.

E. of Burlington, Leave to be absent.

ORDERED, That the Earl of Burlington hath Leave to be absent, for his Heath.

Bill to reverse Judgements against Otes.

Hodie 2^a vice lecta est Billa, "An Act for reversing Two Judgements given in the Court of King's Bench, against Tytus Otes Clerk."

It was moved, "That the Consideration of this Bill might be committed to a Committee of the whole House."

After Debate;

The Question being put, "Whether the House shall be now put into a Committee, to consider of this Bill?"

It was Resolved in the Affirmative.

Then the House was adjourned into a Committee during Pleasure.

And, after Debate, the House was resumed.

And the Lord Viscount Newport reported, "That the Committee had gone through the Bill, and made some Amendments in the latter Part of it; which the Committee leaves to the Consideration of the House."

The Amendments were read Twice by the Clerk.

And they asked the Opinion of Justice Eyre, "Whether, if the Judgements be reversed, Tytus Otes stands Rectus in Curia?"

He said, "In Point of Law, if the Judgements be reversed, all is set aside."

After Debate

The Question being put, "Whether this Debate shall be adjourned until To-morrow Morning?"

It was Resolved in the Affirmative.

ORDERED, That the Debate of this Business shall be taken up To-morrow Morning, the First Business; and all the Lords shall be summoned to be present.

Sir J. Mill versus Noy & al.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Sir John Mill Baronet, against a Decree made in the Court of Chancery, by the late Lord Jefferyes, the 28 of June, 1687, at the Suit of Hester Noy, Alathea Goston, Jane Harris, Margarett Mill Executrix of Dame Margery Fortescue, and Henry Son and Heir of Mary Savage; as also upon the Answers of the said Hester Noy, Alathea Goston Widow, Jane Harris Widow, Dame Margarett Mill Widow, both in her own Right and as Executrix of Dame Margery Fortescue deceased, and Henry Savage Son and Heir of Mary Savage his Mother, all Sisters and Coheirs of Edwin Lord Sandys deceased:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Sir John Mill Baronet be, and is hereby, dismissed this House; and that the Decree from which he appealed be, and is hereby, affirmed.

Absent Lords.

ORDERED, That the Report from the Committee for Privileges concerning the absent Lords shall be made To-morrow, the next Business after Tytus Otes.

Arnold versus Arnold & al.

ORDERED, That this House will hear the Cause wherein Richard Arnold is Plaintiff, and Anne Arnold and others Defendants, on Thursday next, at Ten of the Clock in the Forenoon.

ORDERED, The Committee for Privileges do meet on Friday next, at Four of the Clock in the Afternoon.

Adjourn.

Marquis de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 10^um diem instantis Julii, hora decima Aurora, Dominis sic decernentibus.