House of Lords Journal Volume 14: 12 November 1685

DIE Jovis, 12 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

These Lords following took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, in Pursuance of the Act for the more effectual preserving the King's Person and Government, by disabling Papists sitting in either House of Parliament:

Edward Lord of Rockingham.

John Lord Bishop of Chichester.

William Lord Bishop of Norwich.

Peers Trustees, no Privilege.

The Lord Marquis of Halyfax reported, "That the Lords Committees for Privileges, to whom was referred to consider whether Privilege of Peerage shall be allowed to any Peer of this House wherein he is only a Trustee, have ordered him to report it as the Opinion of that Committee, That Privilege of Parliament ought not to be allowed to Peers in Cases wherein they are only Trustees."

Which Opinion the House confirmed; and ordered the same to be entered as a Standing Order of this House.

Grenvile versus E. Huntingdon, concerning Privilege.

This House being moved, "That they would be pleased to appoint a Day for hearing a Case, wherein the Earl of Huntingdon's Privilege is complained of by Bernard Greenvile Esquire and his Wife:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Case, upon the Petition of Bernard Greenvill and his Wife, and the Answer of the Earl of Huntingdon put in thereunto, by Counsel on both Sides, at the Bar of this House, on Saturday the Fourteenth of November Instant, at Ten of the Clock in the Forenoon.

Collop versus Jeffreys & al.

Upon reading the Petition of William Collop; shewing, "That he hath an Appeal depending in this House, to which John Jefferyes, John Steventon, and Thomas Goston, were Defendants, and praying (amongst other Things) That a short Day may be appointed for hearing of the said Cause:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel at this Bar, on both Sides, on Saturday the 21th of November Instant, at Ten of the Clock in the Forenoon; whereof the said William Collop is to cause Notice to be given to the said John Jefferyes, John Steventon, and Thomas Goston, to the End they attend with their Counsel accordingly.

Stapleton versus Stapleton.

Upon reading the Petition of John Stapleton, of Warter, in the County of York, Esquire, being an Appeal from a Decree made in the High Court of Chancery, the Fifth of June, 1684, in a Cause wherein the said John Stapleton was Plaintiff, against Henry Stapleton and others, Defendants; and praying, "That the said Henry Stapleton and others, Defendants, may answer, in order to the final determining thereof:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Stapleton and others, Defendants, may have a Copy of the said Appeal; and be, and are hereby, required to put in an Answer or Answers to the said Appeal, on Thursday the 26th of November Instant, at Ten of the Clock in the Forenoon, and hereof they may not fail; whereof the Petitioner is to cause timely Notice to be given to the said Henry Stapleton and the other Defendants for that Purpose.

Eyre & al. versus Eyre & al.

After hearing Counsel this Day, in the Cause wherein Thomas Eyre of Hassop Esquire, and others, are Plaintiffs, against the Queen Dowager and Her Trustees, and His Majesty's Attorney of the Dutchy, and Thomas Eyre and others, Relators, are Defendants:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel further in the said Cause To-morrow, at Nine of the Clock in the Forenoon.

Coke, Fountaine, and Guavas.

Upon reading the Petition of Edward Coke Esquire, an Infant, by the Lady Anne Coke his Mother and Guardian; shewing, "That there is an Appeal depending in this House, wherein Andrew Fountaine is Plaintiff, and William Guavas Esquire and the said Mr. Coke are Respondents; and further, that the said William Guavas was, by Order of this House, of the 23th of June last, required to deliver in to the Clerk of the Parliaments all such Letters, Vouchers, and Papers, Deeds, or Writings, which he hath in his Custody, or were made Use of in the Courts below in this Cause; and complaining, that the said Guavas had not obeyed the said Order; and praying, That he may be enforced so to do; and also that the said Mr. Coke, by his Guardian, in his own Name, may be at Liberty to bring a Cross Appeal into this House against the said Fountaine:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Guavas be, and is hereby, required to deliver in upon Oath, at the Bar of this House, on Saturday next, at Ten of the Clock in the Forenoon, all such Letters, Vouchers, and Papers, Deeds, or Writings, as he hath in his Custody, or were made Use of in the Courts below in this Cause, other than what he hath already delivered to Mr. Coke's Solicitor; and hereof he may not fail, as he will answer the contrary to this House at his utmost Peril: And it is further ORDERED, That the said Mr. Coke hath hereby Leave given him for bringing into this House a Cross Appeal, in his own Name, by his Guardian, against the said Andrew Fountaine and William Guavas, or either of them.

Downes versus Burton, in Error.

This Day a Writ of Error was brought in, wherein Downes was Plaintiff, and Burton Defendant, to reverse a Judgement given in the King's Bench.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 13^um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.