House of Lords Journal Volume 14: 6 November 1690

DIE Jovis, 6 die Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Earl of Kingston takes his Seat.

This Day Evelyn Earl of Kingston sat first in Parliament, upon the Death of William Earl of Kingston; and took the Oaths, and made and subscribed the Declara tion, pursuant to the Statutes: His Writ bears Date Quinto Die Novembris, Secundo Gulielm. et Mariæ.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Solicitor and others:

Who brought up a Bill, intituled, "An Act for granting an Aid to Their Majesties, of the Sum of Sixteen Hundred Fifty-one Thousand Seven Hundred and Two Pounds, Eighteen Shillings;" to which they desire their Lordships Concurrence.

Aid to Their Majesties, Bill.

Hodie 1^a vice lecta est Billa, "An Act for granting an Aid to Their Majesties, of the Sum of Sixteen Hundred Fifty-one Thousand Seven Hundred and Two Pounds, Eighteen Shillings."

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Windham and others:

Who brought up a Bill, intituled, "An Act to prohibit the covering of Houses and other Buildings with Thatch or Straw, in the Town of Marlborough, in the County of Wilts;" to which they desire their Lordships Concurrence.

Dutchess of Albemarle versus E. of Bath.

After hearing Counsel this Day, at the Bar, upon the Petition of Elizabeth Dutchess of Albermarle, and the Petition of the Creditors of the late Duke of Albermarle; as also Counsel of the Right Honourable John Earl of Bath, upon this Point, "Whether the said Earl hath waved his Privilege already in the Prerogative Court of Canterbury:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel on both Sides shall attend on Monday next, at Ten of the Clock in the Forenoon, to be further heard as to the Reasonableness of the Earl of Bath's having further Time allowed to examine Witnesses, and whether Witnesses may be examined in the Prerogative Court to other Points than were before the Delegates.

Chancery, &c. for reforming Abuses in, Bill.

The Lord President acquainted the House, from His Majesty, "That His Majesty conceived Himself much concerned in the Bill, intituled, An Act for reforming divers Abuses in the Court of Chancery and other Courts of Equity; and therefore desired His Counsel may be heard thereunto, before the Bill be passed this House."

King's Counsel to be heard about it.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Their Majesties Counsel do attend this House To-morrow, at Ten of the Clock in the Forenoon, to be heard what they have to say concerning the Bill, intituled, "An Act for reforming divers Abuses in the Court of Chancery, and other Courts of Equity."

Burchett versus Durdant.

Upon reading the Petition of John Burchett; praying a Day may be appointed, to hear the Errors argued, upon the Writ of Error depending in this House, wherein he is Plaintiff, and Mary Durdant Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued, upon the said Writ of Error, on Tuesday next, being the Eleventh Instant, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause timely Notice to be given to the Defendant Mary Durdant, to the End she attend with her Counsel accordingly.

Aid to Their Majesties, Bill.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act for granting an Aid to Their Majesties, of Sixteen Hundred Fifty-one Thousand Seven Hundred and Two Pounds, Eighteen Shillings," shall be read the Second Time To-morrow, at Ten of the Clock in the Forenoon.

Dickins & al. versus Bedford.

Upon Report from the Lords Committees for Petitions, "That they have considered the Petition of Robert Dickins and William Janoway; (shewing, "That they have formerly appealed to the House of Peers, from a Decree made in the Court of Chancery in Mich. Terme 1678) in a Cause wherein the Petitioners were Plaintiffs, and Mr. Thomas Bedford, Executor of Edmond Arnold, late of Doctors Commons, London, Esquire, was Defendant; and that the said Appeal coming to be heard at the Bar of the said House, on the 16th of June, 1685; and the Counsel of the said Defendant alledging, that the Legatees, who had shared the Surplus of the said Mr. Arnold's Estate amongst them, were all dead, and the Monies spent; their Lordships were, upon the said Suggestion, pleased to dismiss the said Appeal, and confirm the said Decree complained of; and praying that, in regard the same was a wrong Information, the said Appeal might be re-heard;" and are of Opinion, that the said Petition (the abovementioned Allegation being false, and the Petitioners having been already fully heard at the Bar of the House) should be rejected, as not fit to be received by the House:"

Upon Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Robert Dickins and William Janoway shall be, and is hereby, rejected this House, as not fit to be received.

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, (videlicet,) 7^um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.