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 Martis, 15 die Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
E of Mountagu takes the Oaths.
This Day Ralph Earl of Mountagu took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes.
Lewkner's Children, Bill to illegitimate.
The Lord Bishop of Winton reported, "That the Opinion of the Committee is, That the Bill to illegitimate any Child, or Children, which Jane the Wife of John Lewkner hath had, or shall have, during her Elopement from him, do pass as it is, without any Amendment."
The House agreed with the Committee herein.
Hodie 3a vice lecta est Billa, "An Act to illegitimate any Child, or Children, which Jane the Wife of John Lewkner hath had, or shall have, during her Elopement from him."
The Question being put, "Whether this Bill shall pass into a Law?"
It was Resolved in the Affirmative.
Bill to amend the Act for Sale of Coventry's House.
Hodie 2a vice lecta est Billa, "An Act to supply a Defect in a former Act of the last Parliament, for the Sale or Leasing of a House, late Henry Coventrye's Esquire, in Piccadilly."
ORDERED, That this Bill is committed to these Lords following:
Their Lordships, or any Three of them; to meet at Four of the Clock this Afternoon, in the Prince's Lodgings.
Harlyford, &c. for Sale of, Bill.
Hodie 3a vice lecta est Billa, "An Act for the Sale of the Capital Message or Mansion House of Harlyford, and Manor of Great Marlow, and other Lands, in the County of Bucks."
The Question was put, "Whether this Bill shall pass into a Law?"
It is Resolved in the Affirmative.
Message to H. C. with it; and that the Lords have passed the Bill to illegitimate Lewkner's Children.
A Message was sent to the House of Commons, by Sir Miles Coke and Mr. Merideth:
1. To deliver the Bill concerning the Sale of Harlyford House and Land, &c. and desire the Concurrence of the Commons.
2. To let the Commons know, that this House hath passed the Bill to illegitimate any Child, or Children, which Jane the Wife of John Lewkner hath had, or shall have, during her Elopement from him.
Hodie 2a vice lecta est Billa, "An Act to enable John Worstenholme to sell Lands, for Payment of his Debts."
ORDERED, That the Consideration of this Bill is committed to the same Committee as the Bill for Piccadilly House is.
Hodie 2a vice lecta est Billa, "An Act for raising Money, by a Poll and otherwise, towards the reducing of Ireland, and prosecuting the War against France."
ORDERED, That the Consideration of this Bill is committed to a Committee of the whole House, on Thursday Morning next, at Ten of the Clock.
Harris versus Osbaston.
Upon reading the Petition of John Harris and Elizabeth Harris; shewing, "That they have a Petition depending in this House, to which Robert Osbaston hath put in his Answer; and also that they have already feed their Counsel for the Hearing, which was appointed the 15th Instant, which is since altered to the 30th; and praying a speedier Day, the Cause being upon a short Issue; and that the Deeds confessed and proved to be in Mr. Osbalston's Custody, relating to the Title in Question, particularly a Deed Tripartite, dated the 30th of September, 1650, and a Lease of The North Forlands, may be produced at the Hearing:"
It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Wednesday the 23th Day of this Instant April, at Ten of the Clock in the Forenoon, at which Time Mr. Osbbalston is to produce the said Deeds; whereof the Petitioners are to cause Notice to be given to the Defendant, to the End he attend with his Counsel accordingly.
Huddlestone versus Munsey & al.
The House being this Day moved, "That William Munsey and the Inhabitants of Materdale in Cumberland may have a longer Time to answer to the Petition and Appeal of Andrew Hudleston, they being at a great Distance from London:"
It is thereupon ORDERED, That the said William Munsey and others the Inhabitants aforesaid have hereby Time given them for answering thereunto, until Thursday the First Day of May next, at Ten of the Clock in the Forenoon.
E. Macclesfield versus Starkey in Error.
After having heard Counsel this Day at the Bar, to argue the Errors upon the Writ of Error returned into this House from Their Majesties Court of Exchequer, wherein the Right Honourable Charles Earl of Maccle'feld is Plaintiff, and John Starkey Esquire is Defendant; a Debate arose, "Whether this Writ of Error came regularly before this House, not having been before the Lord Chancellor in the Exchequer Chamber, &c. pursuant to the Stat. 31 E. III. Cap. 12°?"
It was proposed, "That Counsel should be called in, to be heard to that Point."
The Question was put, "Whether Counsel on both Sides shall be heard at the Bar presently?"
It was Resolved in the Affirmative.
Counsel were called in; and asked, "Whether this Cause had gone through all the regular Steps in the Courts below, as it ought?"
The Counsel said, "They were not prepared to speak to that Point, and desired Time for it."
Committee to search Precedents, concerning Writs of Error returned here without having been argued in the Exchequer Chamber.
Then the House appointed these Lords to be a Committee to examine what Precedents they can find of Writs of Error returned into the House of Peers, upon Judgements in the Exchequer, before any Writ of Error sued out before the Chancellor, pursuant to the Statute of 31 Ed. III. Cap. 12°; whose Lordships, having considered thereof, are afterwards to report to the House:
The Two Lord Chief Justices to assist their Lordships; and Lord Chief Baron, and the other Judges.
Their Lordships, or any Five of them; to meet on Thursday next, at Five of the Clock in the Afternoon, in the Prince's Lodgings, and to adjourn as they please.
Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 17um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.
Hitherto examined by us, this 22th Day of April, 1690,
North & Grey.