House of Lords Journal Volume 16: 3 March 1698

DIE Jovis, 3 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Davies versus Speed.

Upon reading the Petition of Robert Davies, Plaintiff in a Writ of Error depending in this House; shewing, "That he hath assigned Errors thereupon; and praying that the Defendant, John Speed Doctor in Physic, may be ordered to join Issue; and the serving of Mr. Robert Callow may be good Service, in order thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Speed shall and he is hereby required to join Issue in this Case, on or before Monday next, at Ten of the Clock; and that the Service of this Order upon Mr. Robert Callow shall be sufficient Notice in that Behalf.

Philpot versus Hopkins.

Upon reading the Petition of Edward Philpot and James Harry; shewing, "That Philip Hopkins brought an Appeal into this House on the Three and Twentieth Day of December last, and the Petitioners have answered thereunto; and that the Appellant hath not prosecuted the said Appeal:"

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 Thursday the Four and Twentieth Day of March Instant, at Ten of the Clock in the Forenoon.

Gardiner's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to rectify a Mistake in the Marriage Settlement of William Gardiner Esquire."

The Question was put, "Whether this Bill shall pass ?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Lacon Wm. Child and Sir Richard Holford:

To carry down the said Bill, and desire their Concurrence thereunto.

E. of Macclesfield's Divorce Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dissolving the Marriage between Charles Earl of Maclesfeld and Anne his Wife, and to illegitimate the Children of the said Anne."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Protest against it:

"Dissentient,

"Because we conceive this is the First Bill of this Nature that hath passed, where there was not a Divorce first obtained in the Spiritual Court; which we look upon as an ill Precedent, and may be of dangerous Consequence in the future.

"Halifax.

Rochester."

Message to H. C. with the Bill.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir Lacon William Child:

To carry down the said Bill, and desire their Concurrence thereunto.

Sir Benj. Godwin versus Berry and Bowen:

After hearing Counsel this Day, upon the Petition and Appeal of Sir Benjamine Godwin Baronet, complaining of a Decree made by the Master of the Rolls, the Fourth Day of August One Thousand Six Hundred Ninety-six; and also a Decree pronounced by the Lord Chancellor the Twelfth Day of November last, on the Behalf of John Berry and Rice Bowen; as also upon the Answer of the said John Berry and Rice Bowen put in thereunto:

Judgment affirmed, with Costs.

After due Consideration of what was offered thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Sir Benjamine Godwin shall be, and is hereby, dismissed this House; and that the Decrees therein complained of shall be, and they are hereby, affirmed: And it is further ORDERED, That the Appellant Sir Benjamin Godwin shall pay, or cause to be paid, unto the said Respondents, the Sum of Twenty Pounds for their Costs.

Writs of Error brought in.

The Lord Chief Justice of His Majesty's Court of King's Bench, in the usual Manner, brought up Two Writs of Error; (videlicet,)

Bernard versus Leaves.

One, wherein Isaac Bernard Plaintiff, versus Joh'em Leaves Defendant.

Leach versus Thompson.

The other, Symon Leach & al. Plaintiffs, versus Thom. Thompson Defendant.

Appeals to be signed by Counsel in the Cause.

Whereas, by the Rules and Orders of this House, for preventing the bringing of frivolous Appeals, all Appeals are to be signed by Two Counsel:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That no Person whatsoever do presume, as Counsel, to sign any Appeal to be brought into this House for the future, unless such Person hath been of Counsel in the same Cause in the Courts below, or shall attend as Counsel at the Bar of this House when the said Appeal shall come on to be heard: And it is further ORDERED, That this Order shall be added to the Roll of Standing Orders, and affixed on the Doors of this House and the Courts in Westm'r Hall.

Bone Lace, &c. to prevent the Importation of, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for rendering the Laws more effectual, for preventing the Importation of Foreign Bone Lace, Loom Lace, Needle-work, Point and Cut-work."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, (videlicet,) quartum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.