House of Lords Journal Volume 14: 12 April 1690

DIE Sabbati, 12 die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day William Earl of Derby and George Earl of Berkely took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes.

Messages from H. C. with Bills.

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

Who brought up a Bill, intituled, "An Act to supply a Defect in a Bill of the last Parliament, for the Sale or Leasing of a House late Henry Coventry's Esquire, in Piccadilly;" to which they desire the Concurrence of this House.

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

Who brought up a Bill, intituled, "An Act to enable Sir Robert Fenwick Knight, to sell Lands, for Payment of his Debts;" to which their Lordships Concurrence is desired.

Harlyford House, &c. for Sale of, Bill.

The Lord North reported, "That the Committee have considered the Bill for the Sale of the Capital Messuage of Harlyford; and have thought fit to make some Amendments, which are offered to the Consideration of the House."

The Amendments were read Twice, and Agreed to; and the Bill ordered to be engrossed, with the Amendments.

Coke versus Fountain.

Upon hearing Counsel this Day at the Bar, upon the Petition and Appeal of Edward Coke Esquire, by the Right Honourable the Lady Anne Coke his Mother and Guardian, from a Dismission, made in the Court of Exchequer, the Tenth Day of June 1678, in a Cause wherein Wm. Guavas and others, the Executors of John Coke Esquire, deceased, were Plaintiffs, and Andrew Fountaine Esquire Defendant; but no Counsel appearing upon the Answer of the said Andrew Fountaine, although the Cause was the Ninth Instant ordered to be heard peremptorily this Day, and he duly served with the said Order; and it appearing to this House fully, "that the Sum of £. 2911. 14s. 6d. due from Sir Robert Viner, and the Sum of £. 700 due from Covill, and the Sum of £. 300 due from Edward Colding Esquire, though put out by the said William Guavas in his own and other Men's Names, were, at the Time of the Loan thereof, the proper Monies of the said John Coke, and raised out of his Estate, and not given, released to the said Andrew Fountaine, by any of the Releases given to him by Mr. Coke:"

Upon due Consideration had thereupon, and upon reading of the said Mr. Fountaine's Answer at the Bar, to the said Appeal; and it appearing that the said Andrew Fountaine had received the several Sums aforementioned; it is thereupon ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Dismission made in the Court of Exchequer, on the Behalf of the said Andrew Fountaine, as to the Sums abovementioned, from which the said Edward Coke hath appealed to this House, be, and is hereby, reversed: And it is hereby further ORDERED, That the said Andrew Fountaine do pay unto the said Edward Coke the said £. 2911. 14s. 6d. due by Sir Robert Vyner, and the said Sum of £. 700 due by Mr. Covill, and the Sum of £. 300 due by Mr. Colding, with Interest for the said Sum, from the Time of his respective Receipts thereof, from the said Vyner, Covill, and Colding; and that the Barons of Their Majesties Court of Exchequer do state what is due for Principal and Interest, and decree the said Fountaine to pay the same accordingly to the said Mr. Coke.

D. of Southton versus Bp. of Cov. & Litch. Privilege to be waved.

Upon Report from the Lords Committees for Privileges, upon the Case referred to them concerning the Lord Bishop of Coventry and Litchfeild's waving his Privilege, in the Suit betwixt his Lordship and his Grace the Duke of South'ton; their Lordships find, "that the Bishop of Cov. & Litchfeild hath waved his Privilege in the Courts below, when he found it was for his Advantage; but, when he found it was against him, he insisted on his Privilege:"

Upon Consideration had thereof, it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Bishop of Coventry and Litchfeild shall not insist upon his Privilege in this Case, in this House, or in the Courts below, between him and his Grace the Duke of South'ton.

Minors, Dep. Marshal of the K. B. to be discharged, and to bring Talcott.

William Minors was this Day brought to the Bar, by the Gentleman Usher of the Black Rod, for refusing to bring before this House Thomas Talcot.

He alledged, "That be could not do it, he being escaped out of his Custody."

And upon promising, "that, so soon as he could catch him, he would deliver him into the Custody of the Serjeant at Arms attending this House;" it is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Minors, Deputy Marshal of The King's Bench, be, and is hereby, discharged, without Fees; and this shall be a sufficient Warrant on that Behalf.

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

E. of Huntingdon & al. to give an Account of Persons they have protected.

Upon reading over this Day the Protections entered in this House:

It is ORDERED, That the Earl of Huntingdon, the Earl of Aylesbury, and the Lord Byron, do give this House an Account, whether the Persons they have protected are Servants within the Rules and Orders of this House.

E. of Shaftesbury's Bill.

Hodie 2^a vice lecta est Billa, "An Act for the making some Provision for the Daughters and Younger Sons of Anthony Earl of Shaftesbury."

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

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

Adjourn.

Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 14^um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.