House of Lords Journal Volume 15: 12 January 1692

DIE Martis, 12 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Norfolk's Divorce Bill.

After hearing Counsel this Day, at the Bar, what they could object for her Grace the Dutchess of Norfolke, against the receiving of a Bill offered by his Grace the Duke of Norfolke, to dissolve the Marriage between him and his Dutchess; as also the Counsel of his Grace the Duke of Norfolke for receiving the said Bill; and after Consideration of what was offered by Counsel on either Side, and a long Debate thereupon:

This Question was put, "Whether the Duke of "Norfolke's Bill shall be received?"

It was Resolved in the Affirmative.

Protest against receiving it.

"Dissentientibus,

"Carmarthen,
P. Halifax.
Shrewsbury.
Ailesbury.
Rochester.
Fauconberg.
Weymouth.
Newport.
Feversham.
Marleborough.
H. London.
Godolphin.
P. Winchest'r.
Vaughan.
Tho. Menev.
Tho. Roffen.
Cholmondeley.
Craven.
Maynard.
Then,

D. of Norfolk's Divorce Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Henry Duke of Norfolke, Earl Marshal of England, with the Lady Mary Mordaunt, and to enable the said Duke to marry again."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill shall be read the Second Time on Thursday next, at Twelve of the Clock; and that all the Lords be summoned then to attend the House.

L. Villers' Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act, vesting several Manors, Lands, and Rents, in the Counties of Lincolne, Berks, and Devon, in Trustees, to be sold, for the buying other Manors and Lands, to be settled for the same or the like Uses as those to be sold are now settled."

ORDERED, That the Consideration of this Bill is committed to the Lords following:

Their Lordships, or any Five of them; to meet Tomorrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Commissioners of Accompts.

The House being informed, "That the Secretary of the Commissioners of Accompts was at the Door," he was called in, and said, "That the Commissioners of Accompts had commanded him to deliver this Book, as an Answer to the last Order they received."

L. Villers versus E. Suffolk.

The Lord Bishop of Salisbury reported from the Lords Committees for Privileges, to whom was referred the Petition of Edward Lord Viscount Villiers, on the Behalf of his Sisters; setting forth, "That the Right Honourable the Earl of Suffolke having received One Thousand Pounds, with Interest, as Trustee for his said Sisters, and a Suit having been commenced for the same in the Court of Chancery, and an Order obtained therein; but the said Earl being now a Member of this House, no further Proceedings will be allowed in the said Court; and praying, that the said Court may be ordered to proceed against the said Earl for the Monies so due, That, whilst their Lordships were in Consideration of the said Petition, the Earl of Suffolke was pleased to declare, That he waved all Privilege in this Matter."

To which the House agreed.

Felton's Claim to the Barony of Walden.

The Lord Bishop of Salisbury reported from the Lords Committees for Privileges, to whom was referred the Petition of Elizabeth Felton, by Thomas Felton Esquire her Father, laying Claim to the Barony of Lord Walden, and His Majesty's Reference thereon to this House, "That the Committee have heard Counsel for the Petitioner (fn. 1) Mrs. Felton, and for the Lady Essex Griffin, and also for the Right Honourable the Earl of Suffolke; and that the Committee finds it a Case of great Intricacy, and requires that Precedents be looked into; and that Counsel should be heard, at the Bar of this House, for the Parties above mentioned."

To which the House agreed.

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel for the Petitioner Mrs. Felton, the Lady Essex Griffin, and the Earl of Suffolke, as also the King's Counsel, in this Case, at the Bar, on Tuesday the Nineteenth Day of this Instant January, at Ten of the Clock in the Forenoon: And it is further ORDERED, That his Grace the Duke of Norfolke, Earl Marshal of England, do appoint Two of the Heralds to attend at the said Hearing; and that the Clerk do search in the Journals of this House for Precedents in this Case; and that the King's Counsel shall have a Copy of the said Petition.

Shepheard versus Wilkins.

Whereas this Day was appointed for hearing the Cause wherein Samuell Shcpheard is Plaintiff, and Wilkins and others Defendants:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Friday next, at Ten of the Clock in the Forenoon, the First Cause.

Killegrew versus Sayer, in Error.

Whereas, by Virtue of Their Majesties Writ of Error, returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this House, the Eighteenth Day of December last, with the Transcript thereof, wherein Judgement is entered for George Sayer against Sir William Killegrew Knight, upon which Errors were assigned, and Issue joined, and this Day Counsel heard at the Bar to argue the Errors thereupon:

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given for the said George Sayer against the said Sir William Killegrew shall be, and is hereby, affirmed; and that the Transcript of the said Record, wherein Judgement is entered as aforesaid, be remitted.

The Tenor of which Judgement, to be affixed to the Transcript, followeth:

"Postea, scilicet, Decimo Octavo Die Decembris, Anno Regni Domini Guliel. et Dominæ Mar. nunc Regis et Reginæ Angl. &c. Tertio, Record. et Process. præd. inter Partes præd. de Placito prædict. cum omnibus ea tangen. Prætextu cujusdam Brevis (fn. 2) dicti Domini Regis et Dominæ Reginæ de Errore corrigend. per præfat. Will'um Killigrew in Præmiss. prosecut. coram prædict. Domino Rege et Domina Regina in present. Parliamento a prædict. Cur. dicti Domini Regis et Dominæ Reginæ cor. ipsis Rege et Regina hic transmiss. suit; prædictusque Will'us Killigrew, in eadem Cur. Parliament. comparens, diversas Caus. et Mater. pro Error. in Record. et Process. prædict. pro Revocatione et Adnullatione Judicii præd. habend. assign.; prædictusque Georgius Sayer, in eadem Cur. Parliament. scilicet comparens, placitavit, quod nec in Record. et Process. præd. nec in Redditione Judicii præd. in ullo suit Errat. Et postea, scilicet, Duodecimo Die Januarii, Anno Regni dict. Domini Regis et Dominæ Reginæ ult. supradict. omn. et singul. Præmiss. in prædict. Cur. Parliament. prædict. vis. et per Cur. ibidem diligenter examinat. et plenius intellect. tam in Record. et Process. præd. ac Judic. super iisdem reddit. quam præd. Mater. pro Error. per præd. Will'um superius assignat. pro eo quod videtur eidem Cur. Parliament. præd. quod Record. ill. in nullo vitiosum aut defectivum existit, et quod in Record. ill. in nullo suit Errat. ideo ad tunc et ibidem considerat. est per eandem Cur. Parliament. præd. quod Judicium prædict. in omnibus affirmetur, et in omni suo Robore stet et Effectu; dict. Caus. et Mater. in eadem Cur. pro Error. superius assignat. in aliquo non obstant."

Adjourn.

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

Hitherto examined by us, this 28th Day of May, 1692,

J. Bridgewater.

Manchester.

Creven.

J. Culpeper.