House of Lords Journal Volume 14: 13 December 1690

DIE Sabbati, 13 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

ORDERED, That the Lord Bishop of Salisbury, the Lord Maynard, and Lord Cholmondley, be added to the Committee concerning the Orphans Bill.

Chancery, c. for regulating.

ORDERED, That the Committee shall be revived, for drawing a Bill for regulating the Chancery.

Messages from H. C. with Bills; an to return Cok's and Hildeyard's.

A Message was brought from the House of Commons, by Sir Robert Davers and others:

To return a Bill, intituled, "An Act for the enabling Trustees to sell certain Lands of Richard Cooke, deceased, to pay Debts, and to raise a Portion for his Daughter," with One Amendment; to which they desire their Lordships Concurrence.

The Amendment was read, and agreed to.

A Message was brought from the House of Commons, by Sir Robert Cotton and others:

Who brought up a Bill, intituled, "An Act to bar a Remainder limited to Dudley Bagnall Esquire, in the Estate of Nicholas Bagnell Esquire, in Ireland;" to which they desire their Lordships Concurrence.

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

To return a Bill, intituled, "An Act for the Naturalization of Francis De la Chambre and others," with Amendments; to which they desire their Lordships Concurrence.

A Message was brought from the House of Commons, by Sir Francis Vincent and others:

To return a Bill, intituled, "An Act to enable Phillip Hildeyard Esquire to sell Lands in Surrey, and to settle Lands in Lincolnesheire in Lieu thereof;" to which they have agreed, without any Amendment.

Aske's chritable Uses Bill.

Hodie 1^a vice lecta est Billa, "An Act for settling a Charity given by Robert Aske Esquire to the Company of Haberdashers of London."

Mutiny Bill.

The House was adjourned during Pleasure, and put into a Committee, upon the Bill, intituled, "An Act for punishing Officers and Soldiers that shall mutiny, or desert Their Majesties Service; and for punishing false Musters;" and went through the Bill.

The House was resumed.

It is ORDERED, That the Report shall be made on Monday next, at Ten of the Clock in the Forenoon.

Allen et Ux. versus Clarke et al.

Upon reading the Petition of John Allen and his Wife; shewing, "That the Respondents Jonas Clarke and his Wife, Thomas and Stephen Fox, by Hester Fox their Mother and Guardian, were ordered to answer to the said Allen's Petition of Appeal; and that the said Hester Foxe hath not yet answered, by reason whereof they cannot with Safety proceed to the Hearing on Tuesday next; and praying some short Day for that Purpose:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hester Fox do peremptorily put in her Answer thereunto on Tuesday next, at Ten of the Clock in the Forenoon; and that this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Thursday the Eighteenth Day of this Instant December, at Ten of the Clock in the Forenoon.

Rowe, King's Avener, Houses seized, at tharcourt's Suit, at Cockeyn's in Glouc.

Upon reading the Petition of Anthony Rowe Esquire; shewing, "That whereas the Petitioner (being Their Majesties Avener) and having several Horses, and other Goods and Chattels, at Henchwicke in Gloucestersh. at the House of James Cockeyn Esquire, (One of Their Majesties' Querries) the late Under Sheriff of the said County, or his Bailiffs, by Virtue of a pretended Writ or Process against the said James Cockeyn, have seized and possessed themselves of the Petitioner's Goods and Chattels, about Ten Days since, in Time of Privilege of Parliament;" and upon Oath made at the Bar, "That a Chesnut, and a Bay Stonehorse, and a Horse called Golden Lockes, and Nine Colts, are the said Anthony Rowe's, and were seized in Time of Privilege of Parliament:"

Sheriff of Glouc. to restore them.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sheriff, or his Bailiff. or Deputies, in whose Custody the said Three Horses and Nine Colts are, do, upon Sight hereof, deliver the said Horses and Colts to the said Anthony Rowe, or his Servants; and hereof he or they may not fail, as the contrary will be answered to this House.

To the Sheriff of the County of Gloucester, the late Under Sheriff, his Bailiffs, or other Officers whom it may concern.

Harris versus Osbolston.

Upon hearing Counsel this Day at the Bar, in the Case of Robert Osbolston, against John Harris and Elizabeth Harris, by Order of the 14th Day of November last, upon this Point only, "How the Master in Chancery shall proceed in the Accompt; and whether he shall compute Interest for the Eighty Pounds per Annum, ever since 1658:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Master in Chancery do proceed to the said Report for the Eighty Pounds per Annum, according to the Order of the Three and Twentieth of April last, with Interest for the same.

Cudmore versus Lacy, in Error.

Whereas this Day was appointed for hearing Counsel to argue Errors assigned upon the Writ of Error, brought into this House the Fourteenth Day of November, 1690, wherein Thomas Cudmore and others are Plaintiffs, and Thomas Lacy is Defendant; Counsel appearing for the said Thomas Lacy Defendant, but no Counsel for Thomas Cudmore, Plaintiff in the said Writ; which appears that it was brought only for Delay:

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Transcript of the said Writ of Error, brought into this House as aforesaid, shall be, and is hereby, remitted; and that the Judgement given in the said Writ of Error, for the said Thomas Lacy, against the said Thomas Cudmore and others, shall be, and is hereby, affirmed: And it is further ORDERED, That the said Thomas Cudmore and others, Plaintiffs, shall pay, or cause to be paid, unto the said Thomas Lacy, the Sum of Ten Pounds, for his Costs and Charges in defending the said Writ of Error in this House.

The Tenor of which Judgement, to be affixed to the Record, followeth:

"Postea, scilicet, Decimo Quarto Die Novembris, Anno Regni Domini Will'i et. Dominæ Mariæ nunc Regis et Reginæ Angl. &c. Secundo, Transcript. Record. et Process. præd. cum omnibus ea tangen. Prætextu cujusdam Brevis dictor. Domini Regis et Dominæ Reginæ de Errore corrigend. per præfat. Thomam Cudmore, Thom. Wi'sheire, Ric'm Argent, et Will'm Adock, in Præmiss. prosecut. dictis Domino Regi et Dominæ Reginæ in præsenti Parliamento, apud Westm. a præd. Curia dictor. Domini Regis et Dominæ Reginæ hic transmiss. suit; prædictique Thomas Cudmore, Thom. Wilshire, Ric'us Argent, et Will'us Adock, in eadem Cur. Parliamenti comparen. placitaver. quod per Record. præd. apparet, quod Judicium præd. in Placito præd. reddit. suit pro præd. Thom. Lacey, versus ipsos Thom. Cudmore, Thom. Wilshire, Ric'm Argent, et Will'm Adock, ubi per Legem Terræ hujus Regni Angliæ Judicium illud reddi debuisset pro præd. Thom. Cudmore, Thom. Wilshire, Ric'o Argent, et Will'o Adock; ideoque manifest. est Errat: Ad quod præd. Thom. Lacey in eadem Cur. Parliament. præd. comparen. placitavit, quod nec in Recordo et Processu præd. nec in Redditione Judicii præd. in ullo est Errat. Super quo, Dies dat. suit per Curiam Parliamenti præd. prefat. Thomæ Cudmore, Thom. Wilshire, Ric'o Argent, et Will'o Adock, ad audiend. Error. in Recordo et Processu præd. assignat. usque 13^um Diem Decembris, Anno Secundo supradict. Idem Dies dat. suit præfat. Thom. Lacey ibidem, &c. Ad quem Diem in eadem Cur. Parliament. apud Westm. præd. ven. præd. Thom. Lacey, et præd. Thom. Cudmore, Thom. Wilshire, Ric'us Argent, et Will'us Adock, licet solemnit. exact. non ven. nec sunt Breve suum de Errore ulterius prosecut.; propter quod consideratum est per Curiam Parliament. præd. quod Record. præd. nec non Process. præd. a Curia Parliament. præd. præd. 13° Die Decembris remittentur, et quod præd. Thom. Lacey in Cur. dictor. Domini Regis et Dominæ Reginæ coram ipsis Rege et Regina, haberet inde Executionem, versus Thom. Cudmore, Thom. Wilshire, Ric'um Argent, et Will'm Adock, juxta Formam et Effectum Judicii præd. dicto Breve de Errore ac Processu super inde habit. in aliquo non obstante; et ulterius per eandem Cur. Parliament. præd. considerat. est, quod præd. Thom. Lacey recuperet, versus præsat. Thom. Cudmore, Thom. Wilshire, Ric'm Argent, et Will'm Adock, Decem Libr. eidem Thom. Lacey pro Misis et Custag. suis, quæ sustinuit Occasione Dilationis Executionis Judicii præd. Prætextu Prosecutionis præd. Brevis de Error. ac superinde Record. et Process. præd. Cur. dictor. Domini Regis et Dominæ Reginæ, per Cur. Parliament. præd. coram ipsis Rege et Regina ubicunque, &c. remittunt. et in eadem Cur. dictor. Domini Regis et Dominæ Reginæ coram ipsis Rege et Regina jam resident. &c."

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro, de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 15^um diem instantis Decembris, hora nona Aurora, Dominis sic decernentibus.