House of Lords Journal Volume 14: 29 June 1685

DIE Lunæ, 29 die Junii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Eaton & al. versus Lane, in Error.

Upon reading the Petition of George Eaton and others; shewing, "That they have, by Writ of Error, brought into this Court a Judgement given in the Court of King's Bench for John Lane, against the Petitioners; on which they have assigned Errors, and have thereupon alledged Diminution, and a Certiorari for certifying thereof:"

It is ORDERED, by the Lords in Parliament assembled, That His Majesty's Writ of Certiorari be directed to the Custos Brevium of His Majesty's Court of King's Bench, returnable into this House on Wednesday the 8th Day of July next, to certify the Truth thereof.

E. Anglesey, Privilege: Philpot attached for scandalous Words.

Whereas Anthony Philpot, being in the Custody of the Serjeant at Arms attending this House, for very scandalous Words spoken by him against the Right Honourable the Earl of Anglesey, a Peer of this Realm, as also reflecting on this House, which is contrary to the Privilege of Peerage and of this House, was brought to the Bar:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Anthony Philpott do stand committed to the Custody of the Gentleman Usher of the Black Rod attending this House until further Order; and this shall be a sufficient Warrant on that Behalf.

To the Gentleman Usher of the Black Rod, his Deputy and Deputies, and every of them.

Deeping Fens Bill.

Upon hearing Counsel this Day at the Bar, as to the Validity or Invalidity of an Adjudication made by the Commissioners of Sewers for Deeping Fenns:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Committee do proceed on the Bill before them; the House finding there are several Irregularities in the said Adjudication, and that it is not pursuant to the Act whereupon it is grounded.

St. James's Church Bill.

The Lord Privy Seal reported, "That the Lords Committees for the Bill for erecting a new Church, to be called the Parish of St. James, within the Liberty of Westm. have considered the said Bill, and have made some few Amendments, which are offered to the Consideration of the House."

The said Amendments were read Twice, and Agreed to; and the Bill ordered to be read the Third Time this Afternoon.

D. Bucks versus Combes & al.

Whereas this Day was appointed for hearing of Counsel in the Cause wherein his Grace the Duke of Bucks is Plaintiff, and Combes and other Defendants; it being moved, "That it may be put off for a further Day, and that the Deeds and Writings in the Trustees Custody may be produced at the Hearing:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Trustees, in whose Custody any Deeds or Writings are, relating to this Cause, do attend, and produce them at the Bar of this House, on Wednesday next, at Ten of the Clock in the Forenoon; at which Time this House will hear the said Cause, by Counsel on both Parts.

Skynner versus Davis.

Upon reading the Petition of John Davis; shewing, That he was served in Ireland with an Order of this House, for putting in an Answer to the Petition of Thomas Skynner, now depending here; and praying that the Cause, which was this Day to be heard, may be put off for some Time longer:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel in the said Cause on Wednesday next, at Four of the Clock in the Afternoon.

Dowag. Lady Pawlet versus L. Pawlet.

Upon reading the Petition of John Lord Pawlet, by his Trustees; shewing, "That his Trustee Mr. Francis Pawlet living in the West, and by reason of the Rebellion he cannot be found, he having his Papers, the Hearing of his Cause may be put off for some longer Time:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel at the Bar, on the Second Thursday of the Meeting of the Parliament after the Recess now at Hand.

Sir O. Butler versus Regem, &c.

This Day the House heard the Judges, videlicet, Justice Walcot, Justice Holloway, Justice Withens, Justice Leventz, Justice Charlton, and Baron Gregory, deliver their particular Opinions severally, in the Case of the Writ of Error brought into this House by Sir Oliver Butler, against a Judgement given upon a Scire facias brought by the King, to reverse his Patent for making the Town of Chatham a Market Town: And their several Opinions were, "That the Judgement given in Chancery in this Case is well given, and is according to Law."

Whereupon the House made the Judgement ensuing:

Judgement affirmed.

"Upon hearing Counsel at the Bar, to argue the Errors assigned by Sir Oliver Butler Baronet, upon a Writ of Error depending in this House, wherein the King's Majesty is made Defendant, for reversing a Judgement given in the Court of Chancery in Hillary Terme, in the One and Thirtieth and Two and Thirtieth Years of the Reign of our late Sovereign Lord King Charles the Second, of Blessed Memory, for vacating of certain Letters Patent, dated the Seventh Day of March, in the One and Thirtieth Year of our said late Sovereign the King, granting a Market Weekly, and a Fair Yearly, to the said Sir Oliver Butler, to be kept in the Town of Chatham: After due Consideration had of what was offered by Counsel on either Part, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given on His Majesty's Behalf in the Chancery, against the said Sir Oliver Butler, be, and is hereby, affirmed."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, videlicet, 29^um diem Junii, hora quinta, Dominis sic decernentibus.

Post meridiem.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

St. James's Parish Bill.

Hodie 3^a vice lecta est Billa, "An Act for erecting a new Parish Church, to be called the Parish of St. James, within the Liberty of Westminster."

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

It was Resolved in the Affirmative.

To encourage building Ships Bill.

Hodie 3^a vice lecta est Billa, "An Act to encourage the building of Ships in England."

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

It was Resolved in the Affirmative.

Bateman versus Foote.

Upon hearing Counsel this Day at the Bar, upon the Petition and Appeal of Sir Thomas Bateman Baronet, from a Decree and several subsequent Orders made in the Court of Chancery, in a Cause there depending, wherein Sir Thomas Foote Knight and Baronet was Plaintiff, and the Petitioner Defendant, concerning the Redemption of the Mortgage of the Manor of Howhall and Roylands, alias Howhall cum Roylands, in the County of Norfolke, made by the said Appellant to Sir Thomas Foote; as also upon the Answer of the said Sir Thomas Foote put in thereunto:

After due Consideration had of what was offered by Counsel on either Part thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Sir Thomas Bateman be, and is hereby, dismissed this House; and that the said Decree and Orders, made for and in Behalf of the said Sir Thomas Foote, be, and are hereby, affirmed.

Deeping Fens Bill.

ORDERED, That the Committee for the Bill concerning Deeping Fenns do meet To-morrow in the Afternoon, at Four of the Clock.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Martis, 30^um diem instantis Junii, hora decima Aurora, Dominis sic decernentibus.