Journal of the House of Lords: Volume 14, 1685-1691. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, 12 die Aprilis.
Lords take the Oaths.
Messages from H. C. with Bills.
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.
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."
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.
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.
E. of Huntingdon & al. to give an Account of Persons they have protected.
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.
Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 14um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.