House of Lords Journal Volume 14: 11 January 1690

DIE Sabbati, 11 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Fountain versus Coke.

After Debate of what had been said by Counsel at the Bar, in the Cause wherein Andrew Fountaine is Plaintiff, and Edward Coke Defendant:

The Question was put, "Whether the Debt of £. 200 owing by Mr. Courtney, be Mr. Fountaine's Money?"

It was Resolved in the Negative.

Then this Question was put, "Whether the Debt of £. 200 owing by Mr. Turner, shall be referred to a Trial at Law?"

The House being divided; the Speaker reported from the Tellers, "That the CONTENTS were 17, and the NOT CONTENTS 18."

After the Declaration whereof, One of the Lords appointed to be Tellers acquainted the House, "That he had mistaken, in reporting to the Speaker, that the CONTENTS were 17, and the NOT CONTENTS 18; whereas the CONTENTS were 18, and the NOT CONTENTS were 17."

Upon Debate hereof, the Standing Order, touching the using of Proxies in Preliminaries to Judgements, was read.

And thereupon the Question being put, "Whether the last Question is a Preliminary?"

It was Resolved in the Negative.

Mistake in the Numbers on a Division, rectified after the Report made.

Then the Question was proposed, "Whether, after a Mistake in a Report, the Mistake may not be rectified after the Report made?"

Then this Question was put, "Whether the Debate of this Question shall be adjourned?"

It was Resolved in the Negative.

Then the main Question was put, "Whether, after a Mistake in a Report, the Mistake may not be rectified after the Report made?"

It was Resolved in the Affirmative.

Then it was ORDERED, That the said Mistake be rectified by the Clerk; and the said Debt of £. 200 owing by Mr. Turner be referred to a Trial at Law.

Fountain versus Coke.

After having heard Counsel this Day at the Bar, in the Cause wherein Andrew Fountaine is Plaintiff, and Edw. Coke Esquire Defendant, only to the Residue of those Sums that make up the said £. 13230 over and above the 5000£. on Sir Rob't. Holt's Mortgage:

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Appeal of Andrew Fountaine Esquire be, and is hereby, dismissed this House, as to that Part of the Judgement of the Court of Exchequer which relates to the £. 3090 11s. 11d. received after the last Release in December, 1668: And it is Resolved, upon the Question, that the Debt of £. 200 owing by Mr. Courtney was Mr. Coke's Money: And it is further ORDERED, That the Debt of £. 200 owing by Turner and others, shall be referred to a Trial at Law, in the Court of Exchequer, whose Money the same was at the Time of the Loan thereof.

Foster et al. versus Munt.

Upon reading the Petition of Anthony Forster, Elizabeth his Wife, and James Browning; shewing, "That they have a Petition depending in this House against Humph. Munt, and had an Order of this House for him to put in his Answer thereunto, which he hath not done, and is since dead, intestate; but, before his Death, he, by a Deed in Writing, assigned and transferred all his Estate, Right, Title, and Interest, in the Estate in Question, being a Personal Estate only, to one Jn° Bernard, alias Barney, in Trust, as is pretended, for Rob't, Samuell, Mary, Sarah, and Anne Munt, Children of Humphrey Munt; and praying that they may be at Liberty to amend their Appeal, and insert the Name of John Barnard, alias Barney, and the said Munt's Children; and that they may answer thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Anthony Forster, Elizabeth his Wife, and James Browning, may amend their Appeal, and insert the Names aforesaid: And it is further ORDERED, That the said Jn° Barnard, alias Barney, and the said Munt's Children be, and are hereby, required to put in their Answer thereunto in Writing, on Tuesday, the 21th Instant, at Ten of the Clock in the Forenoon; whereof the Plaintiffs are to cause timely Notice to be given to the Defendants, to the End they answer accordingly.

Message from H. C. with a Bill.

(fn. 1) A Message was brought from the House of Commons, by the Lord Falkland and others:

Who brought up a Bill, intituled, "An Act to restore Corporations to their ancient Rights and Privileges;" whereto their Lordships Concurrence is desired.

Corporations Bill to restore.

Hodie 1^a vice lecta est Billa, "An Act to restore Corporations to their ancient Rights and Privileges."

Upon the First Reading of the Bill, intituled, "An Act to restore Corporations to their ancient Rights and Privileges:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill shall be read the Second Time, on Saturday next, at Ten of the Clock in the Forenoon; against which Time all the Lords are to be summoned to attend this House.

Breviats to be made of Bills.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Breviats be made of all Bills for the future.

Fountain versus Cook.

After having heard Counsel this Day at the Bar, for Andrew Fountaine Esquire, and Edward Coke Esquire, as to some Sums of Money:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That as to the Two Sums, (videlicet,) of Eighteen Hundred and Sixty Pounds from Covile, and £. 542 from Backwell, appealed from by Mr. Fountaine; that this House will hear One Counsel on each Side, on Monday next, at Ten of the Clock in the Forenoon.

Messages from H. C. with Bills.

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

Who brought up a Bill, intituled, "An Act for Preservation of French Bay Salt, taken as Prize, from being destroyed;" whereunto their Lordships Concurrence is desired.

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

Who brought up a Bill, intituled, "An Act for the charging and collecting the Duties upon Coffee, Tea, and Chocolate, at the Custom-house;" whereunto their Lordships Concurrence is desired.

Adjourn.

Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 13^um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.