House of Lords Journal Volume 14: 1 June 1685

DIE Lunæ, 1 die Junii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Macelesfield to print his Case.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Macclesfeld hath hereby Leave given him to print his Case, in order to the delivering it to the Members of this House.

D. Somerset versus Percy, for assuming the Title of E. of Northumb.

Upon reading the Petition of Charles Duke of Somerset and Elizabeth Dutchess of Somerset his Wife; shewing, "That one James Percy falsely assuming to himself the Title of Earl of Northumberland, and other Things in the said Petition set forth; and praying that this House would take the former Matters and Proceedings of this House upon the same Case into their Considerations:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of this Petition, and the Proceedings formerly had in this Case, be, and is hereby, referred to the Consideration of the Lords Committees for Privileges; whose Lordships are to consider thereof, and of what they shall think sit to be done thereupon, and make Report to this House.

Smith et al. versus Coleby.

Upon reading the Petition of Alexander Smith, Anthony Fothergill, and Thomas Lambert, complaining of a Decree made in the High Court of Chancery, wherein they are decreed to re-convey Lands by them purchased, to one Alexander Coleby; and praying the Reversal of the said Decree:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Alexander Coleby may have a Copy of the said Petition; and be, and is hereby, required to put in an Answer to the said Petition on Monday next, being the Eighth Day of June Instant, at Ten of the Clock in the Forenoon; whereof the said Alexander Smith, Anthony Fothergill, and Thomas Lambert, are to cause timely Notice to be given to the said Alexander Coleby for that Purpose.

E. of Danby, E. Powis, L. Arundel, L. Bellasis, and E. of Tyrone, their Bail discharged.

This House being moved, on the Behalf of several Peers of this House, which were Bail for the Appearance of William Earl of Powis, Thomas Earl of Danby, Henry Lord Arundell of Wardour, John Lord Bellasis, and Richard Earl of Tyrone in the Kingdom of Ireland, in this House, upon the First Day of the Meeting of this Parliament, which Recognizances were entered into in His Majesty's Court of King's Bench, and returned by Certiorari into this House; as also for the Discharge of the said Earl of Powis, Earl of Danby, Lord Arundell, Lord Bellasis, and Earl of Tyrone:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Earl of Powis, Thomas Earl of Danby, Henry Lord Arundell of Wardour, John Lord Bellasis, and Richard Earl of Tyrone, as also all Persons, Peers or others, that were Bail for the Appearance of the said Lords upon the said Recognizances, be, and are hereby, discharged.

Onslow versus Bickerton.

Upon reading the Petition of Arthur Onslow Esquire, on the Behalf of himself and others, Trustees named in an Act of Parliament for Payment of the Debts of Sir William Clerke Baronet, deceased, and complaining of a Decree made in the High Court of Chancery, on the 14th of May, 30° Car'l. 11di; and, amongst other Things, praying the Reversal of the Decree:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That George Bickerton, Executor of John Warrow, may have a Copy of the said Petition: and be, and is hereby, required to put in an Answer thereunto in Writing, at the Bar of this House, on Monday the Eighth of June Instant, at Ten of the Clock in the Forenoon; whereof the said Arthur Onslow is to cause timely Notice to be given to the said George Bickerton for that Purpose.

Esselbron et al. Naturalization Bill.

Hodie 3^a vice lecta est Billa, "An Act for naturalizing John Esselbron and others."

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

It was Resolved in the Affirmative.

E. of Ossory's Bill.

The Lord Privy Seal reported, "That the Committee for the Bill to enable James Earl of Ossory to make a Jointure to such Woman as he shall marry, have considered the said Bill; and think it fit to pass, with Two Amendments."

Which, being read Twice, were Agreed to; and the Bill was ordered to be engrossed, with the said Amendments.

Dusaii et al. Naturalization Bill.

Hodie 1^a vice lecta est Billa, "An Act for Naturalization of James Dufaii, Theodore Janssen, and others."

Bill for Payment of Small Tithes, &c.

Whereas a Bill depending in this House for the better Payment of Church Duties, &c. was appointed to be read the Second Time this Day:

It is ORDERED, That the Lord Bishop of London, who first presented the same, hath Leave to withdraw the said Bill, in regard the Counsel had mistaken some Things in the drawing of it; and when it is rectified and amended, his Lordship will offer it to the House.

Message to H. C. with Esselbron et al. Nat. Bill.

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

To deliver the Bill for Naturalization of John Esselbron and others; and to desire their Concurrence thereunto.

The Messengers returned this Answer:

Answer

That they have delivered the abovementioned Bill.

Sir O. Butler versus Regem, &c. in Error.

Upon reading the Petition of Sir Oliver Butler Baronet, shewing, "That he hath a Writ of Error depending in this House; and praying, that the said Writ may be revived, and the Judgement reversed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Oliver Butler do cause timely Notice to be given to the City of Rochester, or their Agents; who may have a Copy of the said Petition, and be, and are hereby, required to put in their Answer thereunto on Wednesday the Tenth Day of June Instant, at Ten of the Clock in the Forenoon, in order to a Hearing to be had upon the said Writ of Error.

Mildmay versus Duckett and Mildmay.

Upon reading the Petition and Appeal of Henry Mildmay Gentleman, and Hallyday Mildmay his Son, from a Decree made in Chancery the 15th of December, 1681, in a Cause wherein William Mildmay deceased and Mary his Wife were Plaintiffs, with others, against Thomas Duckett Esquire and the said Henry Mildmay Defendants, with others; as also from a Dismission of their Bill of Review, and other Things in the said Petition set forth:

It is ORDERED, by the Lords Spiritual and Tem poral in Parliament assembled, That the said Mary Mildmay and others therein complained of, may have a Copy of the said Appeal; and be, and are hereby required to put in their Answer or Answers thereunto, in Writing, at the Bar of this House, on Wednesday the Tenth Day of June Instant, at Ten of the Clock in the Forenoon; whereof the said Henry Mildmay and Halliday Mildmay are to cause timely Notice to be given to the said Mary Mildmay and others in the said Petition mentioned for that Purpose.

Warcupp versus Rowney.

Upon reading the Petition of Sir Edmond Warcupp Knight; shewing, "That he hath an Appeal depending in this House, to which Thomas Rowney hath put in an Answer, and praying a Day of Hearing:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Rowney do put in an Answer to this Petition on Wednesday the Tenth Day of June Instant, at Ten of the Clock in the Forenoon, in order to a Hearing upon the said Appeal; whereof the said Sir Edmond Warcupp is to cause timely Notice to be given to the said Thomas Rowney for that Purpose.

James versus Richardson, in Error.

Upon reading a Petition of John James; shewing, That he hath a Writ of Error depending in this House, to which the Defendant William Richardson hath not joined Issue; and praying, That he may thereunto join Issue:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Richardson may have a Copy of this Petition; and join Issue, and put in an Answer thereunto, on Wednesday the Tenth of June Instant, at Ten of the Clock in the Forenoon; whereof the said John James is to cause Notice to be given to the said William Richardson accordingly.

Smith versus Berney.

Upon reading the Petition and Appeal of Sir James Smith Lord Mayor of London, from a Decree made in the High Court of Chancery, in a Cause wherein one Richard Berney was Plaintiff, and the Petitioner Defendant, praying the Reversal of the said Decree made on or about the Ninth Day of February, 33° Carl. II^di:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Berney may have a Copy of the said Appeal; and be, and is hereby, required to put in an Answer thereunto, in Writing, at the Bar of this House, on Wednesday the Tenth Day of June Instant, at Ten of the Clock in the Forenoon; whereof the said Sir James Smith is to cause timely Notice to be given to the said Richard Berney for that Purpose.

Trial of Murderat Sea, Bill.

Hodie 2^a vice lecta est Billa, "An Act for the Trial of Murder, where any Person is feloniously stricken, wounded, or poisoned, upon the High Sea, and dies thereof in any County of this Realm."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Their Lordships, or any Five of them; to meet To-morrow Morning, at Eight of the Clock, in the Lord Privy Seal's Lodgings; and to adjourn as they please.

ORDERED, That the King's Advocate, the Secretary of the Admiralty, the Lord Chief Justice Jones, and Mr. Baron Atkins, do attend the Lords Committees, to whom is referred the Consideration of the Bill, intituled, "An Act for the Trial of Murders, where any Person is feloniously stricken, wounded, or poisoned, upon the High Sea, and dies thereof in any County of this Realm," To-morrow, at Eight of the Clock in the Forenoon, in the Lord Privy Seal's Lodgings near the House of Peers.

Skynner versus Davis.

Upon reading the Petition and Appeal of Thomas Skynner, from a Dismission of his Bill in the Court of Exchequer, against John Davis, in a Cause wherein the Petitioner was Plaintiff, and Daniell Skinner, George Walters, and the said John Davis, Defendants; and praying the Reversal of the Decree therein mentioned:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Davis may have a Copy of the said Petition; and be, and is hereby required personally to appear, and put in an Answer thereunto in Writing, at the Bar of this House, on Wednesday the Tenth Day of June Instant, at Ten of the Clock in the Forenoon; whereof the said Thomas Skynner is to cause timely Notice to be given to the said John Davies for that Purpose.

Disborough versus Disborough.

Upon reading the Petition and Appeal of Nathaniell Disborough, from an Interlocutory Decree made by the Right Honourable the Lord High Chancellor of His Majesty's Kingdom of Ireland, upon the Petition of Charity Disborough, Widow of John Disborough, of Callington, in The King's County in the Kingdom of Ireland, which said John Disbrough was Brother to the Petitioner, and other Things in the said Petition set forth; and praying a Reversal of the said Interlocutory Decree:

It is ORDERED, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Charity Disborough may have a Copy of the said Appeal; and be, and is hereby required to put in an Answer thereunto, in Writing, at the Bar of this House, within Three Weeks next after Notice hereof, by the Service of this Order upon her.

Sir R. Clerke versus Searle & al.

Upon reading the Petition of Sir Robert Clerke Knight; shewing, "That, in Hillary Terme, 1683, your Petitioner exhibited his Bill in the Court of Chancery, against Henry Searle Esquire, Nicholas Barbon, and others, Defendants, and complaining of a Dismission of the said Bill on the 21th of June last past; and praying an Answer may be put in thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Searle, Nicholas Barbon, and the other Defendants, may have a Copy of the said Appeal; and be, and are hereby, required to put in an Answer or Answers thereunto in Writing, at the Bar of this House, on Wednesday the Tenth Day of June Instant, at Ten of the Clock in the Forenoon; whereof the said Sir Robert Clerke is to cause timely Notice to be given to the said Henry Searle, Nicholas Barbon, and the other Defendants in this Cause.

Howard versus D. of Norfolk & al.

Upon reading the Petition and Appeal of Charles Howard Esquire, complaining of a Decree made the 15th Day of May, 35 Carl. II^di, and Writs of Restitution directed to the Sheriffs of Cumberland and Westm'land to put your Petitioner out of Possession; and praying the Reversal of the said Decree and Writs of Restirution:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Duke of Norfolk, then Lord Mowbray, and Richard Marriott Esquire, may have a Copy of the said Appeal; and do put in their Answer or Answers thereunto in Writing, on Wednesday the Tenth Day of June Instant, at Ten of the Clock in the Forenoon; whereof the said Charles Howard is to cause timely Notice to be given to the said Duke of Norfolke and Richard Marriot for that Purpose.

Dowager Ly. Pawlett versus Lord Pawlett.

Upon reading the Petition and Appeal of the Lady Susanna Pawlet, Relict of John Lord Pawlet deceased, against a Dismission in the Court of Chancery of her Bill against John now Lord Pawlet an Instant, by his Guardian Francis Pawlet Esquire, Sir John Sydenham Knight, Sir Thomas Batt Baronet, Edward Cooke Esquire, and Edward Stroude Esquire, Defendants, from a Dismission of her Bill in May last; and praying the Reversal of the said Dismission:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Lord Pawlet and his said Trustees may have a Copy of the said Petition; and do put in an Answer thereunto in Writing, at the Bar of this House, on Wednesday the Tenth Day of June Instant, at Ten of the Clock in the Forenoon; whereof the said Lady Susanna Pawlet is to cause timely Notice to be given to the said Lord Pawlet and his Trustees for that Purpose.

D. of Bucks versus Combes & al.

Upon reading the Petition of George Duke of Bucks, being an Appeal from a Decree made in the Court of Chancery, on the Behalf of Mr. Combs, Houseman, and Pierce; and praying the Reversal of the said Decree, amongst other Things:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Combes, Houseman, and Peirce, may have a Copy of the said Appeal; and be, and are hereby, required to put in an Answer thereunto in Writing, at the Bar of this House, on Wednesday the Tenth Day of June Instant, at Ten of the Clock in the Forenoon; whereof the said Duke of Bucks, or his Agent, is to cause Notice to be given to the said Combes, Houseman, and Peirce, for that Purpose.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, secundum diem Junii instantis, hora decima Aurora, Dominis sic decernentibus.