House of Lords Journal Volume 14: 5 December 1689

DIE Jovis, 5 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Griffin to be brought to the House, to be bailed.

Upon reading the Petition of Edward Lord Griffin, now Prisoner in The Tower; shewing, "That he is truly sensible and sorry for the Misfortune of lying under the Displeasure of this House, and that his Consinement is very prejudicial to his Health; and praying that he may be bailed:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Chief Governor of Their Majesties Tower of London, or his Deputy, do bring the said Edward Lord Griffin to the Bar of this House To-morrow, at Ten of the Clock in the Forenoon, in order to his being bailed; and that the Lord Griffin do bring Two Persons with him, to be bound in Five Thousand Pounds each, and himself in Ten Thousand Pounds, for his Appearance at such Time as the House shall think fit to appoint.

To the Right Honourable the Lord Lucas, Chief Governor of Their Majesties Tower of London, his Deputy and Deputies, and every of them.

Coke versus Beach.

Upon reading the Petition of Higham Coke Esquire, Robert Wylde, and Anne Fellowes Widow; shewing, "That they were served with an Order, on Friday the 24th of November last, and not sooner, at Suckley in Worcestershire, to answer (fn. 1) to a Petition of Mary Beach; and praying longer Time for answering thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That they have hereby Time given them, for answering thereunto, until Thursday the Second Day of January next, at Ten of the Clock in the Morning.

Thwaites versus Deye & Ux.

Upon reading the Petition of James Thwaites, Son and Heir of William Thwaites deceased; shewing, amongst other Things, "That John Deye, having married the Petitioner's Sister Frances, in Trynity Terme, 1682, brought their Bill in the Exchequer Chamber at Westminster against the Petitioner, then an Infant; suggesting therein, That a Deed of Settlement, of May 1678, had been razed and altered, after the Execution thereof, in the Words ["Frances Daughter"] razed out, and the Words ["the said James Thwaites, Eldest Son to"] inserted; and having obtained a Verdict at Law, that the said Deed was razed in the Particulars aforesaid, the Court, on the 18th of June 1683, decreed, That John Deye and Frances his Wife should for ever hold and enjoy the Manor of Varnish Hall in Essex, and receive the Profits thereof, as in the Petition is set forth, and praying Relief herein:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That John Deye and Frances his Wife may have a Copy of the said Petition; and be, and are hereby, required to put in their Answer hereunto, in Writing, on Thursday the 12th Day of this Instant December, at Ten of the Clock in the Forenoon; whereof the said James Thwaites shall cause timely Notice to be given to the said John Deye and Frances his Wife, to the End they answer accordingly.

Ashfield versus Ashfield.

Upon reading the Petition of Richard and Anne Ashfeild, Two of the Younger Children of Sir Richard Ashfeild by Mary his First Wife; praying the Explanation of the Order of this House of the 23th of July, 1689:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Dorcas Lady Ashfeild may have a Copy of the said Petition; and be, and is hereby, required to put in her Answer, in Writing, on Thursday the 12th Instant, at Ten of the Clock in the Forenoon.

Appeals to be approved by Committee for Petitions.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That no Petition of Appeal shall be brought into this House before it be approved of by the Lords Committees appointed to consider of Petitions.

Pelham versus Clowdesley.

Whereas there is an Appeal depending in this House, wherein Charles Pelham is Plaintiff, and Paul Clowdesley and others are Defendants; the House being moved, "That Richard Benson, of Brocklesby, in the County of Lyncolne, Gentleman, may enter into Recognizance for the said Charles Pelham, he being out of Town, and that a Day of Hearing may be appointed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Benson may enter into Recognizance to Their Majesties in One Hundred Pounds, to pay such Costs as this House shall think fit, in case the Petition be dismissed, instead of the said Charles Pelham: And it is further ORDERED, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Monday the 16th Instant, at Ten of the Clock in the Forenoon; whereof the said Charles Pelham, or his Agent, are to cause timely Notice to be given to the Defendants, to the End they attend with their Counsel accordingly.

Sir R. Harsnet, Serjeant at Arms, Petition to execute the Orders of this House.

Upon reading the Petition of Sir Roger Harsnett Knight, Serjeant at Arms to the King and Queen's most Excellent Majesties; praying, "(That as he having the Honour to attend the Speaker of this House as Serjeant at Arms) so he may have the Liberty to execute the Orders of this House for taking into Custody such Persons as the House shall order to be taken, as his Predecessors have done, and to receive such Fees for so doing as have been heretofore accustomed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Committee for Privileges, to consider of the said Petition, and hear all Persons concerned therein, and make Report to the House.

Presgrave discharged.

Upon reading the Petition of Robert Presgrave; shewing, "That he is very sorrowful for his Offence, in having set Two Counsellors Names to his Father's Petition to this House; and humbly prays, that he may be set at Liberty from the Restraint he lies under:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Presgrave be, and is hereby, discharged from his present Restraint, paying his Fees; and this shall be a sufficient Warrant on that Behalf.

To Sir Tho. Duppa, Gentleman Usher of the Black Rod, his Deputy and Deputies, and every of them.

Beake versus Berney.

Whereas there is an Appeal depending in this House, wherein Elizabeth Beake is Plaintiff, and Richard Berney is Defendant, and a Day for hearing appointed; the House being this Day moved for a further Day, by reason Counsel cannot attend on the Day appointed:

It is ORDERED, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Monday the 14th Instant, at Ten of the Clock in the Forenoon.

Moryn versus Wyborne.

Whereas there is an Appeal depending in this House, wherein Thomas Moryn is Plaintiff, and Anne Wyborn Defendant, and a Day of Hearing appointed therein; the House being moved for a further Day, by reason Counsel cannot attend on the Day appointed:

It is ORDERED, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Thursday the 19th of this Instant December, at Ten of the Clock in the Forenoon.

Bill to revive the Act for Triennial Parliaments.

This Day being appointed for the House to be put into a Committee, to consider of the Bill for preventing Inconveniencies happening by the long Intermission of Parliaments:

The House was adjourned into a Committee during Pleasure.

After some Time, the House was resumed.

And the Earl of Mulgrave reported, "That the Committee have made some Progress in this Bill; but desire that the House may be put into a Committee again To-morrow Morning, to proceed further in the Consideration of the said Bill."

Whereupon the House made the Order following:

"The House being this Day put into a Committee, upon the Bill, intituled, "An Act for reviving a former Act, made in the 16th Year of King Charles the First, intituled, An Act for the preventing of Inconveniencies happening by the long Intermission of Parliaments;" it is ORDERED, That the House shall be put into a Committee, to proceed upon the said Bill, on Saturday Morning next; and that the Judges do then attend."

Repeal of Clauses of Non obstantes, Bill.

The Judges, according to the Order of the House, presented a Bill, intituled, "An Act for the Repeal of divers Clauses in the several Statutes after mentioned."

Hodie 1^a vice lecta est Billa, "An Act for the Repeal of divers Clauses in the several Statutes after mentioned."

Adjourn.

Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 6^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.