House of Lords Journal Volume 13: 23 March 1681

DIE Mercurii, 23 die Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

These Lords following took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, in Pursuance of the Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament:

Richard Lord Arundell.

Thomas Lord Colepeper.

Ch'istopher Lord Hatton.

Charles Lord North.

Conyers Lord Conyers.

Henry Earl of St. Alban.

Henry Earl of Peterborough.

William Earl of Denbigh.

Hervey versus Hervey.

Upon reading the Petition of Dame Elizabeth Hervey; shewing, "That she hath a Petition of Appeal depending in this House, and hath entered into a Recognizance according to Order; and that Sir Thomas Hervey was ordered the last Parliament to put in an Answer thereunto, which he hath not yet done; and praying he may now be ordered to put in his Answer:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of this Petition be, and is hereby, referred to the Committee for Privileges; who are to sit on Monday next, at Three of the Clock in the Afternoon.

House to be called.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be called on Monday next, being the 28th Day of this Instant March, at Ten of the Clock in the Forenoon.

Barret versus St. Leger.

Upon reading the Petition of John St. Leger Esquire, as also the Petition of John Barret Esquire; each of them praying a short Day for hearing the Cause depending in this House between them:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause here depending, wherein John Barret is Appellant, against John St. Leger Respondent, shall be heard, by Counsel on both Parts, at the Bar of this House, on Monday the 4th of April next, at Ten of the Clock in the Forenoon; whereof both Parties are to take Notice, and attend with their Counsel accordingly.

Time for Appeals limited.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all Persons who shall have any Petitions of Appeal from any Court of Equity, to be exhibited to this House, do present the same before the Seventh Day of April next; after which Time, their Lordships do declare, they will receive no such Petition of Appeal, unless upon a Decree had in any of the Courts of Equity, during this Session; in which Case, the Party who shall find himself aggrieved may bring his Petition of Appeal within Fourteen Days after such Decree is made: And it is further ORDERED, That this Order be affixed to the Doors of this House, to the End all Persons concerned may take Notice thereof, and observe it accordingly.

Lacy refused his Liberty by Habeas Corpus, because committed by the Lords.

Upon reading the Petition of Colonel Peirce Lacy, Prisoner in Newgate by Order of this House; shewing, That he hoped to be set at Liberty by Habeas Corpus, at the Sessions in The Old Bailey, upon the Act in that Case made; which was denied him, because he was committed by this House, as in the Petition is set forth:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition of the said Colonel Peirce Lacy be, and is hereby, referred to the Consideration of the Committee for Privileges; who are to inspect the Informations and Proceedings against him, and make Report unto the House; and are to sit on Monday next, at Three of the Clock in the Afternoon; and that Mr. Attorney General do then attend their Lordships.

Bateman versus Foot: Appellant (in Execution) to have Habeas Corpus to attend his Suit.

Upon reading the Petition of Sir Thomas Bateman Knight, now a Prisoner in Execution in The King's Bench; shewing, "That the last Parliament he exhibited to your Lordships his humble Petition of Appeal to which Sir Thomas Foote hath put in his Answer; and also that he hath entered into a Recognizance, to pay Costs if the Decree be confirmed; and praying, that your Lordships will order, that he may be at Liberty to come abroad, upon a Habeas Corpus, to attend the Hearing of his Cause; and prays a short Day for that Purpose:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chancellor be desired to grant so many Day-writs of Habeas Corpus as his Lordship shall think fit, to enable the said Sir Thomas Bateman to attend the said Cause while it shall be depending in this House: And it is further ORDERED, That the said Cause shall be heard, by Counsel on both Parts, at the Bar of this House, upon the Seventh Day next after the Service of this Order upon the said Sir Thomas Foote.

Grant versus Foy.

Upon reading the Petition and Appeal of Samuell Grant, of The Inner Temple, London, Esquire, being an Appeal from the Exchequer; shewing, "That John Rhetoricke, deceased, being about Seventeen Years of Age, did greatly importune your Petitioner to be his Guardian; and also that he was engaged in several Suits, which he prosecuted and solicited for the said John Rhetoricke, who afterwards exhibited his Bill in the Exchequer, to call your Petitioner to an Accompt; and soon after died, and made Bridget his Wife his Executrix, who after married with John Foy; and the said Bridget revived the Suit; and though it appeared, upon the Petitioner's Oath, that he had disbursed for the said John Rhetorick the Sum of 299 l. 11 s. 8 d.; yet your Petitioner was allowed by the Auditor to whom the Accompt was referred but 116 l. 13 s. 7 d. and nothing for his Pains; which Report was confirmed by the Exchequer, contrary to the allowed Rules in that Court (as in the Petition, amongst other Things, is suggested); and praying, that an Answer may be put in thereunto:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bridget Foy, the Executrix of the said John Rhetoricke, be, and is hereby, required to put in an Answer to the said Appeal in Writing on Wednesday the 31th Day of this Instant March, at Ten of the Clock in the Forenoon; whereof the said Samuell Grant is to cause timely Notice to be given to the said Bridget Foy for that Purpose.

Sir John Fitzgerald, Information against him to be considered.

Upon reading the Petition of Sir John Fitzgerald; shewing, "That he is a Prisoner in The Gatehouse, for High Treason, though there was no Evidence given to ground his Commitment upon; and that he petitioned His Majesty in Council, setting forth the same; whereupon His Majesty's Attorney General was ordered to inspect into the Informations given against him, as in the Petition is set forth:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition of the said Sir John Fitzgerald be, and is hereby, referred to the Consideration of the Committee for Privileges; who are to inspect the Informations and Proceedings against him, and make Report unto the House, and are to sit on Monday next, at Three of the Clock in the Afternoon; and that Mr. Attorney General do then attend their Lordships.

Bill for Repeal of 35 Eliz. not presented by the Clerks for the Royal Assent.

The House was adjourned into a Committee, to examine the Business of the Clerks not presenting (at the last Prorogation) to His Majesty, for His Royal Assent, the Bill for Repeal of a Statute made in the 35th Year of Queen Eliz.

The House being resumed;

It is ORDERED, That the Earl of Bridgewater do make Report of this Business on Tuesday next.

Receivers and Triers of Petitions.

Next, was read the Names of the Receivers and Triers of Petitions, according to the ancient Custom.

Les Receivors des Petic'ons d'Angleterre, d'Escoce, et d'Ireland.

Messier Hugh Windham Chivalier, et Justicier.

Messier Edward Loe Chivalier, Doctor au Droit Civil.

Messier John Coell Chivalier.

Et ceux qui veulent deliver leur Petic'ons eux baillent dedeins Six Jours prochenement ensuent.

Les Receivours des Petic'ons de Gascoigne, et des autres Terres et Païs de par le Mer et des Isles.

Messier Francis North Chivalier, Chiefe Justicier de Banc Com.

Messier William Montague Armiger, Chiefe Baron del Escheq' de Roy.

Messier Timothy Baldwin Chivalier, Doctor au Droit Civil.

Messier William Beversham Chivilier.

Et ceux qui veulent deliver leur Petic'ons eux baillent dedeins Six Jours prochenement ensuent.

Les Triours de Petic'ons d'Angleterre, d'Escoce, et d'Ireland.

Le Duc de Cumberland.

Le Duc de Newcastle.

Le Marq. de Worcester.

Le Count de Arlington, Chamb. del Hostell du Roy.

Le Count de Bridgewater.

Le Count de Northampton.

Le Count de Clarendon.

Le Count de Essex.

Le Count de Hallifax.

Le Baron Wharton.

Le Baron Freschevile.

Touts ceux enssemble, ou Quatre des Segnieurs avandits, appellants a eux les Serjeants du Roy quant serra Besoigne; Tendront leur Place en le Chambre de Tresorier.

Les Triours de Petic'ons de Gascoigne, et des autres Terres Païs de par le Mer et des Isles.

Le Marq. de Worcester.

Le Count de Huntington.

Le Count de Bedford.

Le Count de Exeter.

Le Count de Salisbury.

Le Count de Northampton.

Le Count de Petriburgh.

Le Count de Essex.

Le Count de Craven.

Le Count de Hallifax.

Le Visct. de Newport.

Le Baron Gray de Warke.

Le Baron Cornwailis.

Le Baron Delamer.

Touts ceux ensemble, ou Quatre de Seignors avantdits appellants as eux les Serjeants du Roy, quant serre Besoigne; tendront leur Place en Chambre de Chamberlaine.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 24^um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 25th of March, 1680, by us,

J. Bridgewater.
Winchilsea.
Clarendon.
P. Bath & Wells.
Tho. Exon.
Windesor.