House of Lords Journal Volume 14: 4 December 1689

DIE Mercurii, 4 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Clerks of Signet and Privy Seal to be examined by Committee for Inspections.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Clerks of the Signet, and the Clerks of the Privy Seal, do attend this House presently, to be sworn, in order to be examined at the Committee for Inspections at Five of the Clock in the Afternoon; and to bring with them, to the said Committee, the Books of the said Offices.

L. Hereford's Bill.

Whereas there is a Bill depending in this House, intituled, "An Act for the enabling Edward Viscount Hereford to settle a Jointure, on his Marriage with Elizabeth Norborn, notwithstanding his Minority;" upon which some Question being made upon the said Lord's Title to the aforesaid Honour of Viscount Hereford; and the House being moved, on the Behalf of the said Lord, "That a Day may be appointed for hearing his Counsel, at the Bar, to make out his said Title:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, for the said Lord Viscount Hereford to make out his said Title of Honour; and also Their Majesties Counsel, and any other Person, against the said Title, on Friday the 13th Day of this Instant December, at Ten of the Clock in the Forenoon; whereof all Persons concerned are to have Notice.

Warden versus Cole.

Upon reading the Petition of Robert Warden, being an Appeal from a Decree or Order made by the Lord Chancellor Jefferies, in the Court of Chancery, wherein he ordered a seigned Issue to be tried before the late Chief Justice Wright, whether Trust or Not Trust, without putting George Cole the Defendant to prove his pretended Title, as in the Petition amongst other Things is set forth; and praying Relief therein:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said George Cole may have a Copy of the said Petition; and be, and is hereby, required to put in his Answer thereunto, in Writing, on Wednesday the Eleventh of this Instant December, at Ten of the Clock in the Forenoon; whereof the said Robert Warden do cause timely Notice to be given to the said George Cole, to the End he answer accordingly.

Mercer versusMercer.

Upon hearing Counsel this Day at the Bar, upon the Petition and Appeal of Robert Mercer Merchant, from a Dismission of his Bill in the Exchequer Chamber, concerning the Settlement of some Freehold and Copyhold Lands, in Fazakerley, Walton, Leverpoole, Westderby, and Wavertree, and elsewhere in the County of Lancaster; as also upon the Answers of Alice and Ellen Mercer Respondents, by their Guardian Richard Blackmore, put in thereunto:

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 of Robert Mercer, brought into this House the Tenth of February, 1672, be, and is hereby, dismissed; and that the Dismission of the Court of Exchequer, from which he appealed, be, and is hereby, affirmed.

Adjourn.

Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, (videlicet,) 5^um diem instantis Decembris, hora (fn. 1) secunda Aurora, Dominis sic decernentibus.