House of Lords Journal Volume 14: 7 November 1691

DIE Sabbati, 7 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir M. Beckman & al. Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Sir Martin Beckman Knight and others."

Mathews's Bill.

Hodie 2^a vice lecta est Billa, "An Act for settling a Jointure on Jane the Wife of Colonel Edward Mathews, Daughter of Sir Thomas Armstrong deceased."

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

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

Punishment of Offenders, Bill.

Hodie 1^a vice lecta est Billa, "An Act to take away Clergy from some Offenders, and to bring others to Punishment."

Whiteing & al. versus Webb.

Upon reading the Petition and Appeal of John Whiteing and Michael Pope, Sugar-bakers, from a Decree made in the High Court of Chancery, in a Cause there formerly depending, between Joanna Webb, Widow and Executrix of Nehemiah Webb deceased, Plaintiff, and the Petitioners the Appellants, Defendants; and now there still depending, between Nathaniell Webb, the Administrator of the said Joanna Webb, and also of the Goods of the said Nehemiah unadministered by the said Joanna, by Bill of Revivor, Plaintiff, and the Petitioners the Appellants Defendants; and praying the Hearing of the said Cause; and that the said Nathaniell Webb put in his Answer thereunto, and all Proceedings stayed upon the Decree, and the Decree reversed:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Nathaniell Webb may have a Copy of the said Petition; and be, and is hereby, required to put in his Answer thereunto, in Writing, on Tuesday the Seventeenth Day of this Instant November, at Ten of the Clock in the Forenoon; and that, in the mean Time, all Proceedings in the Courts below be stayed; whereof the Petitioner is to cause Notice to be given to the Defendant, to the End he answer accordingly.

Swayne versus Jones.

Upon reading the Petition and Appeal of Will'm Swayne Esquire, from a Decree of the Court of Chancery in Two Causes, the one wherein Richard Jones is Plaintiff, and the Petitioner Defendant; the other, wherein the Petitioner is Plaintiff, and the said Richard Jones and William Bray are Defendants; and praying, That Richard Jones and William Bray may answer thereunto; and that the Service of the Order of Summons to answer, and such other Orders as shall be made therein, upon their Clerk in Chancery, may be a sufficient Service, in regard the Petitioner cannot serve them personally, as by Affidavit annexed appears:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Jones and William Bray may have a Copy of the said Appeal; and be, and they are hereby, required to put in their Answer or respective Answers thereunto, in Writing, on Friday the Thirteenth Day of this Instant November, at Ten of the Clock in the Forenoon; and that the Service of this Order upon their Clerk in Chancery shall be a good Service, for their answering at the Time aforesaid.

Coney versus Tirrell,

Upon reading the Petition of Appeal of Mary Cony Widow, Executrix of George Cony of London, Merchant, from an Order made in the High Court of Chancery the Second Day of May, in the Second Year of Their now Majesties Reign, whereby the Court over-ruled the Petitioner's Exceptions to the Master's Report of Accompts, and ordered Four Hundred Pounds on Four Bills of Exchange to be allowed to the Plaintiff Samuell Tirrell, as well as Three Bills of Exchange for Three Hundred and Sixty Pounds; and that the said Sums be applied towards the Satisfaction of one Calf's Mortgagemoney, and the rest to go in the general Accompt, as in the Petition amongst other Things is suggested; and praying, "That the said Samuell Tirrell may shew Cause why the said Decree should not be reversed, and the Petitioner awarded the Four Hundred Twenty-five Pounds in Arrear of Calf's Mortgage-money, and the Three Thousand Pounds due upon the said Judgement, with Interest:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Samuell Tirrell may have a Copy of the said Petition; and be, and is hereby, required to put in his Answer thereunto, in Writing, on Tuesday the Seventeenth Day of this Instant November, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause Notice to be given to the Defendant, to the End he answer accordingly.

Joyce versus Fowkes & al.

Upon reading the Petition and Appeal of Thomas Joyce, being an Appeal from a Decree made before the late Lords Commissioners of the Great Seal, on the Tenth Day of February, 1689, on the Behalf of Richard Fowkes, Thomas Fowler, and Bryan Satterwaight; and praying, "That they may answer to the said Petition, either by themselves, or their Clerk or Solicitor in Chancery; and that, in the mean Time, all Proceedings in the Court below be stayed:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Fowkes, Thomas Fowler, and Bryan Satterwaight, may have a Copy of the said Petition; and be, and they are hereby, required to put in their Answer or respective Answers thereunto, in Writing, on Friday the Thirteenth Day of this Instant November, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause Notice to be given to the Defendants, or their Clerk in Chancery, to the End they answer accordingly.

Howard versus Beaghan.

Upon reading the Petition and Appeal of Dame Elizabeth Howard Widow, Appellant from a Decree made in the Court of Chancery, wherein Edmund Beaghan Esquire and Anne Beaghan his Daughter, an Infant, are Plaintiffs, against the said Dame Eliz. Howard and others Defendants; and praying the Reversal of the said Decree, and all Proceedings stopped, and she protected from the Proceedings of the Courts below:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edmond Beaghan and Anne Beaghan his Daughter may have a Copy of the said Petition; and be, and they are hereby, required to put in their Answer thereunto, in Writing, on Tuesday the Seventeenth Day of this Instant November, at Ten of the Clock in the Forenoon; and that, in the mean Time, all Proceedings in the Court below shall be stayed, and the said Elizabeth Howard protected from any Proceedings on the said Decree; whereof the Petitioner is to cause Notice to be given to the Defendants, to the End they answer accordingly.

Halton versus Williams.

Upon reading the Petition of Timothy Halton Doctor in Divinity, Archdeacon of Brecknock, in the County of Brecknock, and of John Halton Batchelor of Divinity, his Lessee in Trust; shewing, "That the Petitioner did, by Lease, demise to William Williams, of Brecknock, Gentleman, an Attorney at Law, all that the Prebend, Parsonage, Rectory, and Tithes, of St. David's in Llanvais, in the County of Brecknock, for Six Years, at Seventy Pounds a Year, by which he hath enjoyed the Premises; and there is Two Hundred and Forty-five Pounds due to the Petitioner John Halton, in Trust as aforesaid; and that the said William Williams pretends to be a Servant to the Reverend Father in God Thomas Lord Bishop of St. David's, and refuses to pay the said Rent, and insists upon the Privilege of this House, as being protected from all Arrests by his Lordships; and praying, that he may have the Leave of this Honourable House to sue the said William Williams at Law:" Upon Oath made at the Bar that the said William Williams is a common Attorney and Solicitor;

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Timothy Halton and John Halton have hereby Leave given them to sue the said William Williams, Attorney at Law, for the said Debt.

Attornies and Solicitors to Peers, no Privilege.

Complaint having been this Day made, "That Attornies at Law and Common Solicitors have been protected by some Peers, or Members of this House; which upon Consideration had thereof, and that they act in and do Business for divers other Persons besides those who protect them:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That no Attorney at Law, or Common Solicitor, shall be allowed any Protection from any Peer or Member of this House, nor enjoy any Privilege by reason thereof, for the future, upon Oath being made that they are such.

Peers Agents and Servants Privilege, to be considered.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Privileges, to consider of, and ascertain, the Privilege of the Servants and Agents of the Peers of this Realm and Members of this House.

Myres & al. Tenants of Millom, &c. versus Huddlestone.

Upon hearing Counsel this Day at the Bar, upon the Petition and Appeal of Edmund Myers, William Brockbanck, William Muniaster, Ferdinando Crowdson, John Fox, Ralph Elletson, John Smith, Edward Jackson, Thomas Waters, John Lewthwaite, Hugh Atkinson, George Nicholson, Thomas Cragg, Elizabeth Hunter Widow, and divers other Customary Tenants within the several Manors or Lordships of Millom, Kirke Stanton, (fn. 1) Satterton, Bootle, Corney, Witcham, Whitbeck, and Ulpha, in the County of Cumberland, as well on their own Behalfs as on the Behalf of the rest of the Tenants of the said several Manors or Lordships; complaining of a Dismission of their Bill in the Court of Chancery, the Seven and Twentieth Day of November, 1690, made ex Parte, on the Hearing of the said Cause, on the Equity reserved, was dismissed with Costs, as in the Petition is set forth; as also upon hearing Counsel upon the Answer of Joseph Huddleston Esquire, Lord of the Manor of Millom, in the County of Cumberland, One of the Respondents to the said Petition, and the Answers of Richard Huddleston and Thomas Benson put in thereunto:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Edmund Myers, William Brockbancke, William Muniaster, Ferdinando Crowdson, John Fox, Ralph Elletson, John Smith, Edmond Jackson, Thomas Waters, John Lewthwaite, Hugh Atkinson, George Nicholson, Thomas Cragg, Elizabeth Hunter, and divers other Customary Tenants within the several Manors or Lordships of Millom, Kirke Stanton, (fn. 1) Sallerton, Botle, Corney, Witham, Whitbeck, and Ulpha, in the County of Cumberland, shall be, and is hereby, dismissed this House; and that the Dismission complained of in the said Petition be, and is hereby, confirmed: And it is further ORDERED, That the said Edmund Myers and the others, Appellants abovesaid, shall pay, or cause to be paid, unto the said Joseph Huddleston, Richard Huddleston, and Thomas Benson, the Sum of Twenty Pounds, of good and lawful Money of Engl'd, for their Costs and Charges sustained in defending the said Appeal in this House; and this shall be a sufficient Warrant.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 9^um Novembris instantis, hora decima Aurora, Dominis sic decernentibus.