House of Lords Journal Volume 16: 23 November 1696

DIE Lunæ, 23 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Yarmouth takes the Oaths.

This Day William Earl of Yarmouth took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes.

Countess of Roscommon's Pet. about a Writ of Error for reversing a Judgement against Walcot.

Upon reading the Petition of Isabella Dillon Widow, Countess of Roscomon, Relict of Wentworth late Earl of Roscomon in the Kingdom of Ireland; shewing, "That the Petitioner hath a Writ of Error depending in this House, upon a Judgement in the King's Bench, for the Reversal of a Judgement against Thomas Walcot deceased, attainted of High Treason; and praying an Order to the Cursitors of London and Middl'x, to make out a Certiorari to the Lord Chief Justice of the King's Bench, to certify whether any Warrant of Attorney be upon Record, to authorize Benedict Browne to prosecute a Writ of Error for Reversal of the said Attainder:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cursitors of London and Middl'x do forthwith make out a Certiorari, directed to the Lord Chief Justice of His Majesty's Court of King's Bench, to certify to this House, whether any Warrant of Attorney be upon Record in that Court, to authorize Benedict Browne to prosecute a Writ of Error, for Reversal of the said Judgement against the said Thomas Walcott for High Treason.

E. of Bath versus E. of Montague:

After reading the Petition of John Earl of Bathe, presented to this House the Nineteenth Instant; as also the Answer of Ralph Earl of Montagu put in thereunto:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, upon the said Petition and Answer, on Wednesday the Five and Twentieth Day of this Instant November, at Eleven of the Clock in the Forenoon; and all the Lords summoned to attend.

Judges to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges of His Majesty's Court of Common Pleas, who were present when the Verdict was given for the Earl of Montagu against the Earl of Bathe, do attend this House on Wednesday next, at Eleven of the Clock in the Forenoon.

Marq. Normanby versus D. of Devon.

Whereas Wednesday the Five and Twentieth Instant was appointed for hearing Counsel, upon the Petition of John Marquis of Normanby, and the Answer of His Grace the Duke of Devonsh'r, as to such Matter of Fact as have passed in relation to the Waiving of Privilege, in a Cause depending in Chancery, between the Marquis of Normanby, the Lord Berkeley of Stratton, and his Grace the Duke of Devonsh'r:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel shall be heard thereupon, on Monday the Thirtieth Day of this Instant November, at Eleven of the Clock in the Forenoon.

E. of Berks excused.

A Letter of the Earl of Berks was read, desiring to be excused his Attendance.

To which the House agreed; being satisfied of his Inability to attend.

Bp. of Worcester excused.

A Letter from the Bishop of Worcester was read, desiring to be excused his Attendance.

To which the House agreed; being satisfied of his Inability to attend.

E. of Berkeley, Time prolonged for attending.

A Letter from the Earl of Berkeley was read, desiring to be excused.

ORDERED, That he hath a Week's Time longer allowed him for his Attendance.

Bp. of Landaff excused.

A Letter from the Lord Bishop of Landaff was read, desiring to be excused.

To which the House agreed; being satisfied of his Inability to attend.

E. of Rutland and L. Coventry not excused.

A Letter from the Earl of Rutland was read, desiring to be excused.

Not excused.

A Letter from the Lord Coventry was read, desiring to be excused.

Not excused.

L. Say and Seale, L. Hatton, and L. Guilford, to be attached, for not attending.

Whereas, by an Order of the Fourteenth Instant, Letters were ordered to be writ, by the Lord Keeper of the Great Seal of England to divers Lords, and amongst others to Francis Lord Guilford, requiring his Attendance this Day, or, in Default thereof, that he should be taken into Custody; and whereas, upon reading over the List of those Lords who were ordered this Day to attend, Francis Lord Guilford was absent:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy and Deputies, do forthwith take into Custody the said Francis Lord Guilford, and bring him to this House; and this shall be a sufficient Warrant on that Behalf.

To Peter Persehouse Esquire, Serjeant at Arms attending this House, his Deputy and Deputies, and every of them.

The like Orders were made, for taking into Custody the Lord Viscount Sey & Sele and the Lord Viscount Hatton.

D. of Shrewsbury excused.

Duke of Shrewsbury excused.

D. of Bolton to attend, or be attached.

A Letter from the Duke of Bolton was read, desiring to be excused.

ORDERED, That he be taken into Custody, if not here by Thursday next.

Bp. of Bangor, Time for attending prolonged.

A Letter from the Lord Bishop of Bangor was read, desiring to be excused his Attendance.

ORDERED, a Week's Time longer be given for his Lordship's Attendance.

Mason versus Berrington.

Whereas this Day was appointed for hearing Counsel upon the Petition and Appeal of Dodington Mason Gentleman, from a Decree of the Court of Chancery made 7° Julii 28° Car. Secundi, in a Cause there depending, between Thomas Berrington Esquire, Son and Heir of Humphry Berrington Esquire deceased, Plaintiff, and George Mason Esquire and Sarah Mason Widow, the Petitioner's late Brother and Mother, deceased, Defendants; as also upon the Answer of the said Thomas Berrington put in thereunto:

The Appellant's Counsel acquainted the House, "That the Appellant was willing to make a Conveyance of the Estate in Question, and deliver all the Writings in his Custody or Power touching the same, upon Oath."

To which the Counsel for the Respondent consented; and farther agreed, "That, upon the Appellant's performing the aforesaid Proposals, the Respondent would consent to remit any Costs this House should think fit to give in this Case."

Judgement affirmed.

Whereupon it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree complained of in the said Petition and Appeal of Dodington Mason shall be, and is hereby, affirmed; and that the Court of Chancery do take Care the Agreement aforesaid be performed and executed by the Appellant.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) vicesimum quartum diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.