House of Lords Journal Volume 14: 10 June 1685

DIE Mercurii, 10 die Junii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day Henry Lord Grey took the Oaths of Allegiance and Supremacy, and subscribed the Declaration, in Pursuance of the Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament.

The same Time Charles Duke of Somersett took the Oaths of Allegiance and Supremacy, and subscribed the Declaration, according to the Statute made in the 25th Year of King Charles the Second.

Dusay & al. Nat. Bill.

The Earl of Bridgewater reported, "That the Committee have considered the Bill for Naturalization of James Dufaii, Theodore Janssen, and others, and have made some Amendments and Additions; and that those Persons who are added produced Certificates that they had taken the Sacrament according to the Statute."

The said Amendments and Additions were read Twice, and Agreed to; and the Bill is ordered to be engrossed, with the Amendments and Additions.

Smith versus Coleby.

Whereas, by Order dated the First of June, 1685, Alexander Coleby was to put in an Answer to the Petition of Alexander Smith and others, on Monday last; now, upon reading a Petition of Hayford Wainwright, on the Behalf of the said Alexander Coleby, praying longer Time for answering, the Defendant being in Yorkeshire:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Alexander Coleby hath hereby Time given him for answering to the said Appeal, until Wednesday the 17th of June Instant, at Ten of the Clock in the Forenoon.

Smith versus Berney.

Whereas, by Order of this House, dated the First of June, 1685, Richard Berney was this Day to put in an Answer to the Appeal of Sir James Smith, Lord Mayor of London; the House being moved, on the Behalf of the said Richard Berney, for longer Time to answer thereunto:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Berney hath hereby Time given him for answering thereunto, until Monday next, at Ten of the Clock in the Forenoon; and hereof he may not fail.

Barret versus St. Leger.

Upon reading the Answer of John St. Leger Respondent, to the Petition of John Barret Appellant therein, desiring a speedy Determination of this Cause:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, This House will hear Counsel upon the said Appeal of John Barret, as also the Answers of John St. Leger put in thereunto, on Friday the 19th of June Instant, at Ten of the Clock in the Forenoon; whereof all Parties concerned are to take Notice, and attend with their Counsel accordingly.

Howard versus D. Norfolk & al.

Upon reading the Answer of the Duke of Norfolke Earl Marshal of England, and Richard Marriott Esquire, put in to the Petition and Appeal of Charles Howard Esquire:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, upon the said Petition and Answer, on Thursday the 18th of June Instant, at Ten of the Clock in the Forenoon; whereof all Parties are to take Notice, and attend with their Counsel accordingly.

Sir Ol. Butler, versus Regem, &c.

Upon reading the Answer of the City of Rochester, to the Petition of Sir Oliver Butler, both desiring to be heard upon the Writ of Error depending in this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, upon the said Writ of Error, on Tuesday next, being the 16th of June Instant, at Ten of the Clock in the Forenoon; whereof Sir Oliver Butler is to cause Notice to be given to the City of Rochester.

James versus Richardson, in Error.

Upon reading the Petition of William Richardson shewing, "That he is Defendant, in a Writ of Error, wherein one John James is Plaintiff; and also that John James is not to be found, so that he can have no Restitution of Thirty Pounds already adjudged to him; and praying, that he may not join Issue:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Richardson do join Issue upon the said Writ on or before Monday next, being the 15th Instant, in order to a Hearing thereupon.

Whether a Peer has Privilege where he is Trustee.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Privileges, to consider whether Privilege of Peerage shall be allowed to any Peer of this House, wherein he is only a Trustee; and to report their Opinion thereupon to this House.

Stickland versus Coker.

This House being moved, on the Behalf of John Stickland and others, "That they may have such Records and Writings produced in this House, upon the Hearing of a Cause upon an Appeal depending in this House from the Court of Chancery, as were used upon the Hearing in the said Court, wherein John Stickland, and Thomas Greene and Mary his Wife, are Plaintiffs, and Robert Coker is Defendant:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all Deeds, Evidences, and Writings, as were made Use of, or produced in the Court of Chancery, upon the Hearing there, on the Behalf of the said Rob't Coker, shall be produced at the Hearing of the said Cause at the Bar of this House; whereof the said Stickland is to cause Notice to be given to the said Robert Coker for that Purpose.

Title of E. of Banbury claimed.

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 it be referred to the Lords Committees for Privileges, to examine all former Proceedings of this House relating to that Case, and report the same to this House.

Lady Mohun's Petition.

Upon reading the Petition of Phillipa Lady Dowager Mohun, the Relict of Charles late Lord Mohun:

Upon Consideration hereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lady Mohun do withdraw her said Petition out of this House.

Bill for Payment of Small Tithes, &c.

Hodie 2^a vice lecta est Billa, "An Act for the better Payment of Church Rates, Small Tithes, and other Church Duties, and for the better passing of Churchwardens Accompts, and regulating of Parishes."

ORDERED, That the Consideration of this Bill is committed to a Committee of the whole House; on Friday Morning next, at Nine of the Clock.

Eyre versus Eyre.

Upon Report from the Lords Committees for Privileges, to whom was referred the Petition of Thomas Eyre, William Inge, Henry Balgay, and others, "That their Lordships have heard the Counsel of the said Thomas Eyre, and divers others, upon their Petition referred unto them by this House; as also the Counsel of Thomas Eyre Esquire, and other Relators complained of in the said Petition; and that they find Difficulty in the Order of Reference, because they have not Liberty thereby to send for or examine the Decree made in the Dutchy Court; but have since gotten it; and humbly present it to their Lordships, to determine upon reading the said Decree, by which the Nature thereof will be understood, whether a Bill of Review doth properly lie in this Case in the Dutchy Court of Lancaster:"

After Consideration had hereof, and reading of the said Decree: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the House will hear Counsel upon the said Appeal of Thomas Eyre of Hassop, William Inge, Henry Balgay, and divers others; as also upon the Answers of Thomas Eyre and other Relators, which are forthwith to be put in hereunto, on Tuesday the 16th of June Instant, at Ten of the Clock in the Forenoon; whereof the Petitioners, Thomas Eyre, William Inge, Henry Balgay, and others, are to cause Notice to be given to the said Thomas Eyre and others, Relators for that Purpose.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 12^um diem instantis Junii, hora decima Aurora, Dominis sic decernentibus.