House of Lords Journal Volume 14: 3 May 1689

DIE Veneris, 3 die Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

M. de Halyfax Speaker pro Tempore.

L. Howard takes his Seat.

This Day Francis Lord Howard de Effingham sat first in Parliament. His Writ of Summons bears Date the Second of April, in the First Year of the Reign of King William and Queen Mary.

Francis Lord Howard of Effingham took the Oaths, and made and subscribed the Declaration, in Pursuance of the Acts.

Bill to reverse Mrs. Lisle's Attainder.

Hodie 2^a vice lecta est Billa, "An Act for annulling and making void the Attainder of Alicia Lisle Widow."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Their Lordships, or any Three of them; to meet at Four of the Clock post meridiem, in the Prince's Lodgings.

Coventry House Bill.

The Lord Viscount Weymouth reported, "That the Committee hath considered the Bill for the Sale or Leasing the Capital Messuage (late Henry Coventry's Esquire) in Piccadilly; and do think it fit to pass as it is, without any Amendments."

Hodie 3^a vice lecta est Billa, "An Act for the Sale or Leasing of the Capital Messuage (late Henry Coventry's Esquire) in Piccadilly."

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

It was Resolved in the Affirmative.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Hampden Junior and others:

Who brought a Bill, intituled, "An Act for rectifying a Mistake in a certain Act of this present Parliament, for the amoving Papists from the Cities of London and Westm.;" to which the Commons desire the Lords Concurrence.

E. Macclesfield versus Sir A. Fitton and Jolliffe.

After hearing Counsel at the Bar Yesterday, upon the Petition and Appeal of the Right Honourable the Earl of Maclesfeld, complaining of several Orders, Decrees, and Proceedings, in the Court of Chancery, on the Behalf of Sir Alexander Fitton and Thomas Jollife Esquire; as also upon the Answer of the said Thomas Jolliffe put in thereunto:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Commissioners of the Great Seal in Chancery, to re-hear the said Cause, there being as yet no Decree enrolled, and for that the allowing or not allowing the Book of Accompts produced in Evidence doth rest much upon the Course and Practice of that Court.

Bernardiston versus Regem, in Error.

ORDERED, That this House will hear the Errors argued, wherein Sir Samuell Bernadiston is Plaintiff, and the King is Defendant, on Thursday the 9th of May Instant, at Ten of the Clock in the Forenoon.

Sir R. Wright to be brought to the Bar.

ORDERED, That the Keeper of the Prison of (fn. 2) Newgate be, and is hereby, required to bring in safe Custody, to the Bar of this House, Sir Robert Wright now in his Custody, on Monday the 6th Day of May Instant, at Ten of the Clock in the Forenoon; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of Newgate, his Deputy and Deputies, and every of them.

Pety: and Bradbury to attend.

ORDERED, That Mr. Petyt and Mr. Bradbury do attend this House on Monday next, at Ten of the Clock in the Forenoon.

Judges Hollaway and Withings to attend.

ORDERED, That Sir Richard Hollaway and Sir Francis Withings be, and are hereby, required to attend this House on Monday the 6th of May Instant, at Ten of the Clock in the Forenoon, to give their Reasons or Grounds for their Judgement given against Tytus Otes, in the Court of King's Bench.

Eyre versus Eyre & al. concerning Waste in Hope, Bradwell, &c.

Upon hearing Counsel this Day at the Bar, upon the Petition of Sir John Heath, Their Majesties Attorney General of the Dutchy of Lancaster, as well on the Part and Behalf of the King's most Excellent Majesty, as by the Relation of Sir James Boteler Attorney General of the Queen Dowager, as on the Behalf of the said Queen, and the Right Honourable Phillip Earl of Chesterfeild, the Right Honourable Henry Earl of Clarendon, and the Honourable William Mountagu Esquire, surviving Trustees of her said Majesty, and Thomas Eyre Esquire; shewing, "That a Decree was made, in the Court of the Dutchy of Lancaster, in June 1684, for the Relator Eyre and his Heirs to have a Moiety of the Waste Grounds, in the Towns of Hope, Bardwell, and Wormhill, which Decree was afterwards affirmed in this House;" and complaining, "that the Chancellor of the Court of the Dutchy of Lancaster, on the 24th Day of Decem'r, 1687, issued out a Commission, contrary to his own Orders of the 24th of Nov'r, and Third of Decem'r, and contrary to the Determination of this House;" as also upon hearing Counsel upon the Answers of Robert Philips Esquire, late Chancellor of the Dutchy, Anthony Longden, Humphrey Thornhill, Thomas Fletcher, Rowland Eyre Son and Heir of Thomas Eyre of Hassop, William Iuge, Adam Bagshawe, Richard Bower, Nicholas Stones, Thomas Balgay, Henry Balgay Son of Henry Balgay, Nicholas Thornhill, John Wagstaff, John Bocking, John Harler, Robert Hallom, George Hallom, George Bagshaw, and Anthony Hall, put in thereunto:

After due Consideration had of what was offered by Counsel on either Side upon the said Petition and Answers, and whether the Orders made in the said Dutchy Court do impeach the Judgement of this House, made the 14th Day of Novem'r, 1685; after Debate, the House judging that the said Judgement made by this House in this Cause is impeached by the Orders which have been since made in that Court, it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Orders made in the said Dutchy Court, from which the said Sir John Heath, Thomas Eyre and others, appealed to this House, be, and are hereby, set aside.

Adjourn.

Marq. de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 6^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.