House of Lords Journal Volume 15: 18 November 1693

DIE Sabbati, 18 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dod versus Burrows & al.

Upon reading the Petition of Anne Dod Widow, Magdalen Johnson Widow, and others; shewing, "That, by Order of this House made Yesterday, on the Behalf of Thomas Burrows, their Cause is appointed to be heard on Tuesday next; and that their most material Witnesses do live in Shropshire, so that they cannot be procured in so short a Time; and praying a longer Time for hearing thereof; and that their Witnesses may be summoned to attend at the Hearing:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, upon the Petitions and Answers on either Side, on Saturday the Second Day of December next, at Ten of the Clock in the Forenoon; and that Hugh Squire Esquire, Thomas Dicken, Nathaniell Baskerville Gentleman, and Philip Buckley, do then attend this House, as Witnesses on the Behalf of the said Anne Dod and others.

Pool, D. of South'ton's Servant, arrested.

Upon Oath made at the Bar of this House, "That John Poole, menial Servant to his Grace the Duke of South'ton, was arrested, at the Suit of Joshue Horton, within the Time of Privilege of Parliament, contrary to the Privilege of Parliament, by John Davis Attorney and Joseph King Serjeant:"

Davis and King to be attached.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House do forthwith attach the Bodies of the said John Davis and Joseph King, and bring them in safe Custody to the Bar of this House, to answer for their said Offence; and this shall be a sufficient Warrant on that Behalf.

To Sir Tho. Duppa, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them; and to all Mayors, Sheriffs, Bailiffs, Constables, and other Their Majesties Officers, to be aiding and assisting in the Execution hereof.

Williams versus Read & al.

Upon reading the Petition of Walter Williams Esquire:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Clerks of this House do bring the Journal in this Case on Monday next, at Eleven of the Clock in the Forenoon.

E. of Londonderry & al. Executors of Sir H. Ford versus Dormer, Guardian of H. Ford.

Upon reading the Petition and Appeal of the Right Honourable Robert Earl of Londonderry in the Kingdom of Ireland, Edw'd Halwell, of The Middle Temple, London, Esquire, Charles Ford, of the City of Exon, Gentleman, and John Eggerton, of Limston, in the County of Devon, Clerk, Executors of the last Will and Testament of Sir Henry Ford, late of Nutwell, in the said County of Devon, Knight, deceased, from a Decree made in the High Court of Chancery, in a Cause there depending, between Anamara Dormer Widow, Guardian of Henry Ford an Infant Complainant, and the Petitioners Defendants, on the Fourteenth Day of May One Thousand Six Hundred Ninety-one, and other Orders in the said Petition mentioned; and praying, That the said Henry Ford, by the said Anamara Dormer his Guardian, may answer thereunto; and that, in the mean Time, all Proceedings in the said Cause may be stopt in the Courts below; and that the Service of this Order on the Respondent's Clerk in Chancery may be good Service:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Anamara Dormer may have a Copy of the said Petition; and shall be, and she is hereby, required to put in her Answer thereunto, in Writing, on Tuesday the Eight and Twentieth Day of this Instant November, at Ten of the Clock in the Forenoon; and that, in the mean Time, all Proceedings in the Courts below shall be stayed; and that the Service of this Order on the Respondent's Clerk in Chancery shall be good Service, in order thereunto.

Hungerford versus Pollard:

The Earl of Bridgewater reported from the Committee, to whom was referred the Petition of Jane Hungerford, "That their Lordships are of Opinion, that the Petition of the said Jane Hungerford is fit to be received by the House: But it being earnestly urged by Thomas Pollard's Counsel, that a Deed in the Hands of William Downe, One of the Appellants, (very material in this Cause, but not known of by them till since the making of the Decree in Chancery, and produced by the said William Downe at the Trial in Devon, but was not produced at the last Trial, because the said William Downe being no Party, could not be compelled to shew it) may be produced at the Hearing at the Bar; or that a new Trial may be ordered, with Directions to produce the said Deed; their Lordships did not think fit to direct any Thing therein, but leave it to the Judgement of the House.

"And there being some Aspersions on the Lord Chief Justice Holt, in a Petition of the said Pollard's, offered to their Lordships, which are wholly false; their Lordships are of Opinion, that the said Thomas Pollard do, at the Bar, ask Pardon, and make Submission to the House and the said Lord Chief Justice."

The Cause to be re-heard in Chancery;

The Lords Committees, to whom was referred the Petition of Jane Hungerford, against Thomas Pollard, reported, "That their Lordships were of Opinion, that the said Petition is fit to be received by this House;" and it being urged by Thomas Pollard's Counsel, that a Deed in the Hands of William Downe (One of the Appellants) formerly produced at a Trial at Law between the said Parties, but not discovered until after the making of the Decree in Chancery in this Cause, is very material on the Behalf of the said Pollard:

It is therefore ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Cause shall be re-heard in Chancery; and that the said Deed be then produced, proved, and made Use of as the Court shall think fit.

Pollard to ask Pardon of the House and C. Justice Holt, for Aspersons against him.

Then Thomas Pollard was called in, and reprimanded by the Speaker; and was told, "That he must ask the Pardon of this House" (which he did).

And was likewise told, "That he must attend the Lord Chief Justice on Monday next, and ask his Pardon also for the same."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, (videlicet,) 20^um diem instantis Novembris, hora undecima Aurora, Dominis sic decernentibus.