House of Lords Journal Volume 14: 19 December 1689

DIE Jovis, 19 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Lexington, Leave to be absent.

The Lord Lexington hath Leave to go into the Country.

Papists who take the Oath of Fealty.

The Earl of Rochester reported from the Committee the Draught of the Bill for the Ease of such Papists as will take the Oath of Fidelity.

Which the House received, and read.

Papists Toleration Bill.

Hodie 1^a vice lecta est Billa, "An Act for exempting Their Majesties Popish Subjects from the Penalties of certain Laws."

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Richard Hampden and others;

Who brought up a Bill, intituled, "An Act for preventing all Doubts and Questions concerning the collecting of the Public Revenue;" to which their Lordships Concurrence is desired.

Bill to prevent Doubts in collecting the Revenue.

Hodie 1^a vice lecta est Billa, "An Act for preventing all Doubts and Questions concerning the collecting of the Public Revenue."

Coke versus Fountain.

Upon reading the Petition of Andrew Fountaine; shewing, "That Mr. Masemore, his Solicitor, in whose Hands his Writings are, is hurt by a Fall down Stairs, and therefore cannot be ready by the Time appointed; and praying longer Time for the hearing the Cause wherein he is concerned:" This being sworn at the Bar;

It is ORDERED, by the Lords Spiritual and Temporal in the Parliament assembled, That this House will hear the Cause wherein Andrew Fountaine is Plaintiff, and Edward Coke Esquire Defendant; and also the Cause wherein Edward Coke Plaintiff, and Andrew Fountain Defendant, on the First Wednesday of the Parliament after the Recess at Christmas, at Ten of the Clock in the Forenoon.

Thwaites versus Deye & al.

Upon reading the Petition of John Dye; shewing, "That, upon his Removal into the Country, he hath mislaid his Writings; and praying further Time to answer to the Appeal of James Thwaites:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Deye shall be, and is hereby, allowed further Time for answering to the said Appeal, until Thursday the Second Day of January next, at Ten of the Clock in the Forenoon.

Dodd & al. versus Burrows.

Upon Report from the Lords Committees for Petitions, "That they have received the Petition of Anne Dod Widow, Magdalin Johnson Widow, Robert Colebach, Anne his Wife, Sarah Dod, Robert Cooper, Prescilla his Wife, Francis Dod, Charlton Hill, John Hill, and Rowland Hill, complaining of a Decree made by the Lords Commissioners of the Great Seal, and praying that Thomas Burrowes may answer thereunto; who are of Opinion, that the said Petition is fit to be retained:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Burrowes may have a Copy of the said Appeal; and be, and is hereby, required to put in his Answer thereunto in Writing, on Thursday the Second Day of January next, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause timely Notice to be given to the Defendant, to the End he answer accordingly.

Warden versus Cole.

Upon Report from the Lords Committees for Petitions, to whom was referred the Petition of Robert Warden, and the Answer of George Cole put in thereunto, "That the Respondent alledgeth, that there hath been Three Verdicts at Law and One Decree in Chancery for him; and that the Petitioner acknowledges the last Verdict; but saith, his Chief Witness was absent when the said Verdict was obtained; notwithstanding which, the Chancery founded the Decree appealed from upon the said Verdict; and that the Respondent alledged, the Deposition of the said Witness, taken in Chancery, was allowed at the Trial:"

Upon Consideration had of the said Report, and the said Petition and Answer put in thereunto, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition of Robert Warden put into this House shall be, and is hereby, rejected.

Wood, alias Cranmer, versus D. Southampton.

Upon Report from the Lords Committees for Petitions, "That they have received the Petition of Sir Cesar Wood, alias Cranmer, Knight, from a Decree in the High Court of Chancery, the 7th Day of October, in the First Year of the Reign of the late King James, in a Cause wherein the said Sir Cesar Wood, alias Cranmer, and others, were Defendants, at the Suit of the Noble Charles Duke of South'ton Complainant; and praying Relief therein; and that the said Duke may answer thereunto; who are of Opinion, That, because there being a Peer concerned therein, there can be no Bill of Review brought during the Time of Privilege:"

After Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Noble Charles Duke of South'ton may have a Copy of the said Petition; and do put in his Answer thereunto, in Writing, on Thursday the Second Day of January next, at Ten of the Clock in the Forenoon; and that, in the mean Time, all Proceedings in the Courts below be stayed; whereof the said Cesar Wood, alias Cranmer, is to cause timely Notice to be given to the said Duke, to the End he answer accordingly.

E. Macclesfield versus Starkey, in Error.

Whereas the Right Honourable Charles Earl of Maclesfeild hath brought his Writ of Error into the House, from Their Majesties Court of Exchequer, and hath assigned Errors thereon:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Defendant John Starkey Esquire shall, and is hereby required, to join Issue thereupon, on or before Thursday the 17th of January next, at Ten of the Clock in the Forenoon; whereof the said Earl of Maclesfeild is to cause timely Notice to be given to the Defendant, to the End he join Issue accordingly.

Morin versus Wyborne.

Upon hearing Counsel this Day at the Bar, upon the Petition of Thomas Morin; complaining of a Decree made by the Lords Commissioners of the Great Seal of England, wherein he was, amongst other Things, decreed to deliver up a Bond and a Dismission of the Petitioner's Bill; but that they saw no Reason they should pay any Costs in either of the Suits; and praying the Reversal of the Decrees in the Petition mentioned; as also upon the Answer of Anne Wyborne 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 the said Petition of Thomas Morin be, and is hereby, dismissed this House; and that the Decrees complained of in the said Petition be, and are hereby, affirmed.

Adjourn.

Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 20^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us, this 29th March, 1690,

J. Bridgewater.
North & Grey.
Herbert.
Culpeper.