House of Lords Journal Volume 14: 20 November 1691

DIE Veneris, 20 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bennet versus E. Sarum.

Upon hearing Counsel this Day at the Bar, upon the Petition and Appeal of John Bennet Esquire and Grace his Wife, from a Decree made in the Court of Chancery, the First Day of May, 1691, in a Cause there depending, between James Earl of Salisbury and Frances Countess of Salisbury his Wife Complainants, against the Petitioners and others Defendants; as also upon the Answers of the Right Honourable James Earl of Salisbury and Frances his Wife, put in to the said Petition:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition and Appeal of the said John Bennet and Grace his Wife be, and is hereby, dismissed this House; and that the Decree, from which they appealed, be, and is hereby, affirmed.

Godsalve versus George.

Upon reading the Petition of John Godsalve, Thomas, Anne, and Elizabeth Godsalve, Infants, by their Guardian, Respondents, to the Petition and Appeal of Rebecca George; praying a short Day may be appointed for hearing of their Cause depending in this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, that this House will hear the said Cause, by Counsel, at the Bar, on Saturday the Fifth Day of December next, at Ten of the Clock in the Forenoon.

Legh versus Aspinall.

This Day Thomas Cooke, upon Oath, delivered at the Bar, the Rent Rolls and Books of Accompt, pursuant to the Order of this House, in the Case of Edmond Legh and others, versus John Aspinall and others.

Dutch of Beaufort against E. of Aylesbury's Bill.

After hearing Counsel this Day, at the Bar, for her Grace the Dutchess of Beaufort, against the Earl of Ailesburye's Bill; as also Counsel for his Lordship, and Consideration had thereof:

E. of Aylesbury's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the making a Twelve Years Lease, made by the Earl and Countess of Ailesbury, for Payment of Debts (which was determinable on their Deaths), to have Continuance absolutely for those Twelve Years."

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

Their Lordships, or any Five of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Chancery, &c. Bills of Review, Bill.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the House shall be put into a Committee, to proceed on the Bill, intituled, "An Act for the better determining of Causes on Bills of Review in Chancery and other Courts of Equity," To-morrow, at Eleven of the Clock in the Forenoon.

Tuder versus Reg. et Regin. in Error.

After hearing Counsel Yesterday, at the Bar, to argue the Errors assigned by John Tuder Scriviner, Plaintiff upon a Writ of Error brought into this House from the Court of King's Bench, the Seven and Twentieth Day of October, 1691, to which Their Majesties King William and Queen Mary are Defendants; Counsel appearing for the said John Tuder, but no Counsel for Their Majesties:

After hearing the Judges upon the said Case, and 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 against the said John Tuder Scrivener, shall be, and is hereby, reversed.

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

"Et postea, scilicet, 17° Die Octobris, Anno Regni Domini Gulielm. et Dominæ Mariæ Regis et Reginæ Angl. &c. nunc Tertio, Transcript. Record. et Process. inter Partes prædict. cum omnibus ea tangen. Prætextu cujusdam Brevis Domini Regis et Dominæ Reginæ de Errore corrigend. per præfat. Joh'em Tuder Scribam in Præmissis prosecut. dict. Domino (fn. 1) Regi et Dominæ Reginæ in præsenti Parliamento apud Westmonaster. præd. a præd. Cur. dict. Domini Regis et Dominæ Reginæ nunc hic transmissum suit; idemque Johannes Tuder, propria Persona sua in eadem Cur. Parliament. comparens, diversas Materias pro Errore et Revocatione et Adnullatione Judicii præd. assignavit; ad quas Georgius Treby Mil. Attornat. Domin. Regis et Reginæ nunc General. in eadem Cur. ParDomina Regina nunc General. in eadem Cur. Parliament. præd. comparens pro dicto Domino Rege et Domina Regina placitavit, quod nec in Recordo et Process. præd. nec in Redditione Judicii præd. in ullo suit Errat. Postmodumque, scilicet, Vicesimo Die Novembris, Anno Regni dict. Domini Regis et Dominæ Reginæ Tertio supradict. in prædict. Cur. Parliament. visis et per Curiam ibidem diligenter examinat. et plenius intellectis tam Record. et Process. præd. ac Judic. super. iisdem reddit. quam præd. Caus. et Mater. superius pro Erroribus assignatis et allegatis, videtur Cur. Parliament. præd. quod in Record. et Process. prædict. ac etiam in Redditione Judicii prædict. manifest. est Errat. Ideo consideratum est per Cur. Parliament. præd. quod Judicium prædict. revocetur, adnulletur, et penitus pro nullo habeatur; et quod prædict. Joh'es Tuder Scriba ad omnia quæ ipse Occasione Judicii præd. amisit, restituatur, &c."

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, (videlicet,) 21^um diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.