House of Lords Journal Volume 14: 30 October 1691

DIE Veneris, 30 Octobris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Strafford takes the Oaths.

This Day William Earl of Strafford took the Oaths, and made and subscribed the Declaration, pursuant to the Statute.

Queen's Answer.

The Lord Chief Baron reported, "That the House waited on Her Majesty with the Address, and She was pleased to receive it graciously."

Clandestine Marriages Bill.

The House was put into a Committee, to consider of the Bill, intituled, "An Act disabling Minors to marry without the Consent of their Fathers or Guardians, and against their untimely marrying after the Decease of their Fathers, and for preventing all clandestine Marriages for the future."

The House was resumed.

And the Lord Bishop of Sarum reported, "That the Committee had made some Progress in the Bill, and came to the Point of the Nullity of the Marriage; and that the Committee desire another Day may be appointed, to proceed further on the said Bill."

It is ORDERED, That the House shall be put into a Committee again, to proceed on the Point of Nullity and the Bill, on Monday next, at Ten of the Clock in the Forenoon.

Redish, Groom of the Ewiy, versus Thayre for arresting him.

Upon reading the Petition of Edward Redish; shewing, "That he, being sworn Groom of Their Majesty's Ewry in Ordinary, and actually in Waiting, was, in September 1690, arrested and imprisoned at the Suit of Thomas Ewre Esquire, and afterwards charged in Execution at the Suit of Samuel Thayre, and, by Order of this House, discharged from his Imprisonment; and that, notwithstanding, in Contempt of the said Order, the Petitioner, on the Eighth of June 1691, within the Time of Privilege, was re-taken, by Daniell Richards a Scrivener, with a Constable, by virtue of the said Execution of the said Samuell Thayre, and is now, and hath been ever since, detained in The King's Bench Prison; and praying that he be set at Liberty, pursuant to the former Order:"

Thayre and Richards to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Samuell Thayre and Daniell Richards do, and they are hereby, required to attend this House To-morrow, at Ten of the Clock in the Forenoon.

Legh & al. versus Aspinall.

Upon reading the Petition and Appeal of Richard Legh Esquire, John Case, Thomas Cooke, and others, Defendants, in a Cause lately depending in the High Court of Chancery, wherein Gilbert Aspinall Esquire was Plaintiff against them, both from a Decree made the 27th Day of May 1691, by the Lords Commissioners of the Great Seal of England, whereby they reversed a former Dismission and Decree obtained by the Petitioners in Michaelmas Terme, 3° Jacobi II^di, and also from a subsequent Order, whereby the Petitioners and the Tenants of the Estate in Question were ordered to bring in their Rents into the Court of Chancery; and praying the hearing and determining the Premises, and that all Proceedings in the Court of Chancery may be stayed:

It is thereupon ORDERED, by the Lords Spiritual and Temporal assembled, That the said Gilbert Aspinall may have a Copy of the said Appeal; and be, and he is hereby, required to put in his Answer thereunto, in Writing, on Monday the 9th Day of November next, at Ten of the Clock in the Forenoon; and that, in the mean Time, all Proceedings in the Court of Chancery shall be, and are hereby, stayed; whereof the Petitioners are to cause Notice to be given to the Defendant, to the End he answer accordingly.

Hetley & al. versus Hervey & Ux.

Upon reading the Petition and Appeal of Carina Hetley, Elizabeth English, and others, Executors and Administrators of Henry Cromwell, alias Williams, deceased, and Richard Draper deceased, being an Appeal from a Decree made in the Court of Chancery, the Ninth Day of March 1676, by the Lord Chancellor Finch, for reversing a Decree made the 22th Day of November 1656, before Fynes and Lysle the Commissioners of the Great Seal; and praying the Decree of Reversal, pronounced in 1676, be reversed; and that Isabella Carr, Daughter and Heiress of Sir Robert Carr, and the now Wife of John Hervey Esquire, and the said John Hervey Esquire, Defendants, may answer the Premises:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Isabella Carr, now the Wife of the said John Hervey, and the said John Hervey, may have a Copy of the said Petition and Appeal; and they be, and are hereby, required to put in their Answer or respective Answers thereunto, in Writing, on Monday the 9th Day of November next, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause timely Notice to be given to the Defendants, to the End they answer accordingly.

Zouch versus Wild & al.

Upon reading the Petition and Appeal of James Zouch Esquire, from a Decree made in the High Court of Chancery, by the now Lords Commissioners of the Great Seal, in Two Causes, in one of which Dame Frances Wild, on the Behalf of Anne Zouch the Petitioner's Wife, and she the said Anne, were Plaintiffs, against Daniell Collwall, Sir Thomas Pilkington Knight, and others, Defendants; and in the other Cause Daniel Colwall, Thomas and Elizabeth Collwall, all Infants, by their next Friend, were Plaintiffs, against the Petitioner and the said Anne his Wife Defendants, which Causes were heard and decreed the 10th Day of February last; and praying, "That the said Decree may be reviewed and reversed, and the Petitioner and his Tenants discharged and acquitted from the Prosecutions and Proceedings thereof; and that the said Lady Wild the Petitioner's Wife, and all other the Parties to the Decree, may appear, and answer this Petition:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lady Wild the Petitioner's Wife, and all other the Parties to the Decree, may have a Copy of the said Petition and Appeal; and they be, and are hereby, required to put in their Answer or respective Answers thereunto, in Writing, on Saturday the 14th Day of November next, at Ten of the Clock in the Forenoon; and that all Proceedings, in the mean Time, be stayed; whereof the Petitioner is to cause timely Notice to be given to the Defendants, to the End they answer accordingly.

Hibbert versus Leech.

Upon reading the Petition of Mary Hibbert, Widow and Relict of Henry Hibbert, Doctor in Divinity, deceased, and her Four Daughters his Executrixes of his last Will and Testament, being an Appeal from a Decree made in the Court of Exchequer, the Fifth Day of February 1690, when it was decreed, "That the Plaintiff Leech ought to be let in, to redeem the First Mortgage, without Payment of Dr. Hibbert's Second Mortgage Monies, and decreed Hibbert to come to account for the Rents received, and to have a Conveyance of the Premises from the Defendant as in the Petition amongst other Things is set forth; and praying, that the said Nathaniel Leech may put in his Answer to the Premises in Writing, and the Decree may be reversed; and that, in the mean Time, all Proceedings in the Exchequer may be stayed:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Nathaniell Leech may have a Copy of the said Petition and Appeal; and be, and is hereby, required to put in his Answer thereunto, in Writing, on Saturday the Fourteenth Day of November next, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause Notice to be given to the said Nathaniell Leech, to the End he answer accordingly.

Smith versus Kellway, in Error.

Whereas, by virtue of Their Majesties Writ of Error, returnable in the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this Court, on the 26th Day of May last, with the Transcript thereof, wherein Judgement is entered for Christopher Kellway, against Richard Smith Clerk; upon hearing Counsel this Day to argue the Errors upon the said Writ of Error by the said Richard Smith:

After due Consideration had thereof, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench for the said Christopher Kellway be, and is hereby, affirmed; and that the said Transcript of the said Record, wherein the said Judgement of the Court of King's Bench is entered as aforesaid, be remitted, to the End the said Richard Kellway may have Execution of the said Judgement, as if no such Writ of Error had been brought into this Court.

The Tenor of which Judgement, to be affixed to the Transcript to be remitted:

"Et postea, scilicet, Vicesimo Sexto Die Maii, Anno Regni Domini Guliel. & Dominæ Mariæ nunc Regis & Reginæ Angl. &c. Tertio, Transcript. Record. & Process. præd. cum omnibus ea tangen. Prætextu cujusdam Brevis de Errore corrigend. per præsat. Ricardum Smith Cler. in Præmissis prosecut. dictis Domino Regi & Dominæ Reginæ hic transmiss. fuit; & præd. Ricard. Smith, in eadem Curia Parliament. comparens, diversas Causas & Materias pro Erroribus in Record. & Process. præd. pro Revocatione & Adnullatione Judicii præd. assignavit; & postea, scilicet, Tricesimo Die Octobris, Anno dictorum Domini Regis & Dominæ Reginæ supradict. in prædict. Cur. Parliament. præd. visis & per Cur. ibidem diligenter examinatis, & plenius intellectis, tam Record. & Process. præd. ac Judic. super iisdem reddit. quam præd. Erroribus superius assignat. pro eo quod videtur Cur. Parliament. præd. quod Record. ill. in nullo vitiosum aut defectivum existit; & quod in Recordo illo in nullo suit Errat. ideo ad tunc & ibidem consideratum est per eandem Cur. Parliament. præd. quod Judicium præd. in omnibus affirmetur, & in omni suo Robore stet & Effectu."

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, (videlicet,) 31^um instantis Octobris, hora decima Aurora, Dominis sic decernentibus.