House of Lords Journal Volume 16: 14 December 1696

DIE Lunæ, 14 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Countess of Roscommon, Petition concerning the Writ of Error,Rex versus Wallcott

Upon reading the Petition of Isabella Dillon Widow, Countess of Roscomon, Relict of Wentworth Dillon, late Earl of Roscomon in the Kingdom of Ireland; praying, That a Day may be appointed for arguing the Errors assigned upon a Writ of Error depending in this House, wherein His Majesty by His Attorney General is Plaintiff, and John Walcott Son of Thomas Walcott Defendant; and that Mr. Tanner do attend, with the original Indictment, and original Record of the Judgement against the said Thomas Walcott:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued, by Counsel, at the Bar, on Monday the One and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon; and that Mr. Tanner do then attend, with the Records of the said Indictment and Judgement, as desired.

Winchester versus Fowke.

Upon reading the Petition of Henry Winchester and Anne his Wife; praying, "That a Day may be appointed, for hearing of their Appeal depending in this House, to which Elizabeth Fowke is Respondent:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, upon the said Petition, and the Answer of the said Elizabeth Fowke put in thereunto, on Tuesday the Two and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon.

Ld. Hastings versus E. of Huntingdon.

Upon reading the Petition of George Hastings, commonly called Lord Hastlings, Son and Heir Apparent of the Right Honourable Theophilus Earl of Huntingdon; praying Liberty to proceed, in any Court of Law or Equity, as he shall be advised, for the obtaining and discovering some Deeds of Settlement, and gaining the Possession of some Lands in his Father's Possession:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Earl of Huntingdon may have a Copy of the said Petition; and do put in his Answer thereunto, on Tuesday the Nine and Twentieth Day of this Instant December.

Browne versus Sir Rob. Dash wood et al.

After hearing Counsel, upon the Petition and Appeal of John Browns and Thomas Sundays, from a Dismission made in Chancery, the Three and Twentieth Day of February, One Thousand Six Hundred Ninety-three, in a Cause there depending, wherein the said John Browne and Thomas Sandayes were Plaintiff's, against Sir Robert Dashwood, John Perry Esquire, Sir Samuel Dashwood, and Edward Noell, Executors of George Dashwood Esquire, deceased, Edward Buckley, and others. Defendants; as also upon the Answers of Sir Robert Dashwood, Sir Samuel Dashwood, John Perry, Edward Noell, and Edward Buckley, put in thereunto; and due Consideration had of what was offered thereupon:

It is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal Parliament assembled, That the said Petition and Appeal shall be, and is hereby, dismissed this House; and that the Order of Dismission therein complained of shall be, and is hereby, affirmed.

Tilley versus Richardson.

Upon reading the Petition and Appeal of John Tilley Esquire, from Decree made by the Master of the Rolls, in July, One Thousand Six Hundred Ninety-five, and a Confirmation thereof by the Lord Keeper of the Great Seal of England, in November last, on the Behalf of Thomas Richardson; and praying, "That the said Thomas Richardson may answer thereunto, and the Petitioner be relieved"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Richardson may have a Copy of the said Petition; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Monday the One and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon.

Tanner and Harcourt to attend, with the Attainder of Cook, the Indictment of Sir J. Fenwick, &c.;

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Thomas Tanner do attend this House, with the Record of the Attainder of Peter Cook, the Indictment against Sir John Fenwick, and the Attainder of Sir John Friend, and also that Mr. Symon Harcourt do attend, with the Attainder of Sir William Parkyns, and the Conviction of Clansey, on Tuesday the Fifteenth Day of this Instant December, at Ten of the Clock in the Forenoon.

Gracedieu et al. Witnesses against Sir J. Fenwick to attend;

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Bartholomew Gracedieu, Mr. John Mead, Mr. John Read, Mr. Mathew Howard, Mr. Henry Sherbrook, Mr. John Cowper, Mr. John Watson, Mr. Thomas Collins, Mr. George Porter, Mr. John Fowle, Mr. Thomas Rowe, Mr. Robert Webber, and Kitson the Messenger, do attend this House on Tuesday the Fifteenth Day of this Instant December, at Ten of the Clock in the Forenoon, as Witnesses, to prove the Allegations in the Bill, intituled, "An Act to attaint Sir John Fenwick Baronet of High Treason."

Harcourt et al. to attend, with Records;

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Harcourt do attend, with the Record of the Conviction of Mr. Porter, for the Murder of Sir James Hacket, as also with the Record of his Conviction for the Riot in Drury Lane, To-morrow, at Ten of the Clock in the Forenoon; and that Mr. Bolt do then attend, with the Record of the Conviction of Cardell Goodman, for endeavouring to poison the Duke of Grafton.

Burditt et al. to attend, in Behalf of Sir J. Fenwick.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Edward Burditt Esquire, Captain Symms, William Dawson Esquire, Mr. Ferdinando Burleigh, Mr. William Cock, Mr. Charles Harman, Christopher Crawford, Will'm Huntley, William King, Mr. Edmund Godfrey, Mrs. Grace Godfrey, Mrs. Elizabeth Montjoy, Mrs. Elizabeth Keys, Mrs. Jane Cranburne, Mrs. Anne Cross, Richard Lifesay, William Hardiman, Mary Grumley, (fn. 1) Mr. Thomas Fowkes, Mrs. Smith, George Marsh, Robert White, and Mrs. Norton, do attend this House on Tuesday the Fifteenth Day of this Instant December, at Ten of the Clock in the Forenoon, as Witnesses on the Behalf of Sir John Fenwick.

The like Order was made, for the said Witnesses to attend on Wednesday next.

Privilege of Parliament, Bill for the Ease of the Subject against.

The Lord Cornwallis reported from the Committee, a Bill drawn by the Assistance of the Judges.

Then, Hodie 1^a vice lecta est Billa, intituled, "An Act for the greater Ease of the Subject, in recovering their just Debts."

ORDERED, That the Bill, intituled, "An Act for the greater Ease of the Subject in recovering their just Debts," shall be read the Second Time on Thursday next.

To file an Original, no Breach of Privilege.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Filing of an Original against any Lord of this House, shall not be taken to be a Breach of Privilege of Parliament; and that this Order be added to the Roll of Standing Orders of this House.

Bishop of Chichester takes the Oaths.

This Day John Lord Bishop of Chichester took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes.

Adjourn.

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