House of Lords Journal Volume 14: 28 November 1689

DIE Jovis, 28 die Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Coke versus Cobb & al.

After hearing Counsel Yesterday at the Bar, upon the Petition and Appeal of Edward Coke Esquire, an Infant, by the Lady Anne Coke his Mother and Guardian, against a Decree made in the Court of Chancery on the Third Day of July last past, in a Cause wherein Sir William Cobb Knight and others were Plaintiffs, against the said Edward Coke your Petitioner and William Guavas Esquire and others Defendants; as also upon the Answer of Sir William Cobb Knight and others, Legatees of John Coke, late of Holkhan, in the County of Norfolke, Esquire, deceased, Respondent, and the Answer of William Guavas Esquire, surviving Executor and Trustee of John Coke, late of Holkham, Esquire, deceased:

(fn. 1) Altered, by Motion, the 18th Decemb. 1689, by Consent of both Sides.

After due Consideration had of what was offered by Counsel on either Side thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Order of the Court of Chancery for giving the Possession to the Respondents (the Legatees) be set aside; and that the Court of Chancery proceed to judge and determine the Exceptions put in to the Master's Report; and that the Account be fully stated and determined [ (fn. 1) without Prejudice to the Titles on either Side]; and that the Court of Chancery then proceed to hear the Cause, (fn. 2) and to make a Decree therein according to Equity and Justice.

Goodridge versus Crossman.

Whereas there is a Cause depending in this House, wherein William Gooderidge is Plaintiff, and James Crossman is Defendant:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Monday the Ninth Day of December next, at Ten of the Clock in the Forenoon; whereof the said James Crosman is to cause timely Notice to be given to the said William Goderidge, to the End he attend with his Counsel accordingly.

Morin versus Wyborne.

The House being moved, on the Behalf of Thomas Morin, "That he may have a further Day appointed for hearing his Cause depending in this House, whereunto Anne Wyborne is Defendant, he not being able to get his Counsel to attend on Saturday next:"

It is thereupon ORDERED, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Saturday the 7th Day of December next, at Ten of the Clock in the Forenoon; whereof the said Thomas Morin is to cause timely Notice to be given to the said Anne Wyborne, to the End she attend with her Counsel accordingly.

Persons under Bail, concerning E. Essex's Death, to appear:

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That such Persons as are now under Bail by Recognizance, concerning the Death of the late Earl of Essex, shall be, by the Court of King's Bench, bound over to appear the First Day of Hillary Terme next.

Depositions concerning it to be delivered to the Committee.

ORDERED, That the Depositions concerning the Death of the late Earl of Essex, now sealed up, and in the Custody of the Clerk of the Parliaments, shall be delivered to the Lords Committees appointed to examine the said Business.

Osborne and Prideaux deny signing Presgrave's Appeal.

Richard Osborne and Edmond Prideaux this Day appeared at the Bar, for having set their Hands to the Petition of William Presgrave Esquire.

Where being shewed the Petition, they disowned the setting their Hands thereunto.

And Mr. Osborne said, "That young Presgrave did set their Hands to his Father's Petition."

Who was sent for in, to the Bar.

Then Robert Presgrave, at the Bar, owned, "That he did set the Hands of Richard Osborne and Edmond Prideaux Esquires to his Father's Petition of Appeal to this House, without their Privity or Consent."

Presgrave attached, for forging Counsels Names to an Appeal.

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do take into his Custody the Body of the said Robert Presgrave, and keep him in safe Custody until further Order; and this shall be a sufficient Warrant on that Behalf.

To Sir Thomas Duppa, Gentleman Usher of the Black Rod, &c.

Adjourn.

Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, (videlicet,) 29^um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.