House of Lords Journal Volume 14: 12 December 1690

DIE Veneris, 12 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dutchess of Beaufort et al. hear against the E. of Aylesbury's Bill.

Whereas Monday next is appointed for hearing the Dutchess of Beaufort, the Lord Marquis of Worcester, and the Honourable Robert Bruce Esquire, against the Bill, intituled, "An Act to enable Thomas Earl of Aylesbury, and Elizabeth Countess of Aylesbury his Wife, to make Provision for Payment of Debts, and to make Leases of their Estate:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That they shall be heard, by their Counsel, what they have to say against the said Bill, on Tuesday next, at Ten of the Clock in the Forenoon.

Bakebaine versus Harford et Ux.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, that this House will hear the Cause wherein Thomas Bakebaine is Plaintiff, and John Harford and Anne his Wife are Defendants, on Wednesday next, at Nine of the Clock in the Forenoon.

acating writin Protections.

The House was adjourned during Pleasure, and put into a Committee, to consider of the Abuses in giving Protections; and what Remedies are fit to be used, for preventing such Irregularities, and numerous Protections for the future.

The House was resumed.

And the Earl of Bridgewater reported, "That the Committee had considered thereof; and desire the House may be put into a Committee again on Monday next, to proceed further therein."

To which the House agreed, and ordered the same accordingly.

Message from H. C. with a Bill; and to return the Bill for regulating the Price of Coals, anl Lucy's Bil.

A Message was brought from the House of Commons, by Sir William Poultney and others:

To return the Bill, intituled, "An Act for reviving a former Act, for regulating the Measures and Prices of Coals;" to which they have made some Amendments, and desire their Lordships Concurrence thereunto.

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

Who returned the Bill, intituled, "An Act for securing the Portion of Elizabeth Lucy, and breeding her up a Protestant, and for transferring the Trust for that Purpose;" to which they have agreed, without any Amendment.

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

Who brought up a Bill, intituled, "An Act for the settling a Charity given by Robert Aske Esquire to the Company of Haberdashers of London;" to which they desire their Lordships Concurrence.

Officers of the House, Fees for Counsel's coming to the Bar.

The House being informed, "That there are Fees demanded by some of the Officers belonging to this House, of Petitioners and Respondents for Counsel, coming to the Bar in Causes:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Privileges, to examine the Roll of Fees belonging to the Officers of this House; and to report their Opinions thereupon to this House.

Hewley versus Wyvell.

Upon hearing Counsel this Day at the Bar, upon the Petition of Dorothy Hewley, being an Appeal from a Decree made in the Court of Chancery, the 22th Day of November, 1689, by Two of the late Lords Commissioners for the Custody of the Great Seal of England, in a Cause there depending, between Francis Wyvell and Anne his Wife, late the Wife of Christopher Howley, deceased, Plaintiffs, and the Petitioners and others Defendants; when it was decreed, "That the Plaintiffs should hold and enjoy, during the Life of the said Anne, the Lands and Tenements which the Petitioner had recovered at Law, as Daughter and One of the Coheirs of her said Father, on a Presumption that there were Articles made on the Marriage of the then Plaintiff Anne, with the said Christopher Hewley, for settling a Jointure on her in Lands and Tenements, of the Clear Yearly Value of One Hundred and Thirty Pounds; and praying to be relieved, according to Justice;" as also upon hearing Counsel upon the Answers and Case of Francis Wyvell and Anne his Wife 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 Decree, made by the Court of Chancery, the Two and Twentieth Day of November, 1689, from which the said Dorothy Hewley appealed to this House, shall be, and is hereby, reversed; and that the Bill depending in the Court of Chancery be dismissed the said Court.

Ly. Smith versus Blights.

Upon hearing Counsel this Day at the Bar, upon the Petition and Appeal of Dame Anne Smith, Widow and Executrix of Sir James Smith Knight, deceased, complaining of a Decree made in the Court of Chancery, on the 8th Day of July, 1689, on the Behalf of Elizabeth and Francis Blight; as also upon the Answer of Francis Blight, and Elizabeth Blight Widow, Executrix of Charles Blight, deceased, 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 and Appeal of Anne Smith Widow, and Executrix of Sir James Smith Knight, deceased, shall be, and is hereby, dismissed this House; and that the Decree made in the Court of Chancery, the Eighth Day of July, One Thousand Six Hundred Eighty-nine, on the Behalf of the said Frances Blight and Elizabeth Blight, shall be, and is hereby, affirmed.

Mynne et al. versus Thomas.

Upon hearing Counsel this Day at the Bar, upon the Petition and Appeal of Rowland Mynne, Administrator of the Goods of Rose Hale (with the Will annexed) unadministered by Rowland Hale, Son and Executor of Rose Hale, Bernard Mynne, and Dionise Davenant Widow, against a Decree made in the Court of Chancery, in a Cause there lately depending, between William Hale and others, Plaintiffs, and Anthony Thomas Esquire, Defendant; as also upon the Answer of the said Anthony Thomas 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 and Appeal of the said Rowland Mynne, Administrator of the Goods of Rose Hale (with the Will annexed) unadministered of Rowland Hale, Son and Executor of Rose Hale, Bernard Mynne, and Dionis Davenant, shall be, and is hereby, dismissed this House; and that the Decree made in the Court of Chancery, on the Behalf of the said Anthony Thomas, shall be, and is hereby, affirmed.

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, (videlicet,) 13^um diem instantis Decembris, hora nona Aurora, Dominis sic decernentibus.