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 Veneris, 11, Decembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Epus. St. David's.
Comes (fn. 1) Craven.
Ds. Willoughby Er.
Ds. De la Ware.
Ds. Berkeley Ber.
Ds. Fitz Walter.
Ds. Howard Eff.
Ds. Grey W.
Hungerford versus Pollard.
Upon reading the Petition and Appeal of Jane Hungerford, Anthony Withers, Mathew Boucherell and Sarah his Wife, Executors of Sarah Pollard deceased, Nicholas Hughes Son and Heir of Nicholas Hughes deceased, William Downe, John White, John Bidder, and Joane Withers, from a Decretal Order made in the Court of Chancery, the Seventeenth Day of November One Thousand Six Hundred Ninety-one, in a Cause wherein Thomas Pollard an Infant, by his Guardian, is Plaintiff, against the said Jane Hungerford and others, Defendants:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Pollard, an Infant, by his Guardian, 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 Monday the Eight and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon.
Upon reading the Petition of John Wilkins, now in the Custody of the Gentleman Usher of the Black Rod attending this House, for arresting Charles Cruse, Bailiff to the Earl of Rochester; and humbly acknowledging his Sorrow for the Offence done to this House and the said Earl; and praying, "That he may be discharged from the said Contempt and Order of this House of the First of December Instant:"
The Earl of Rochester, being present, declared, "He was fully satisfied with his Submission."
He being called in, and reprimanded for the same Offence; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Wilkins shall be, and is hereby, discharged from the Restraint he now lies under (paying his Fees), and from the Order of the First Instant; and this shall be a sufficient Warrant on that Behalf.
To Sir Thomas Duppa, Gentleman Usher of the Black Rod, his Deputy and Deputies, and every of them.
Whiteing versus Webb.
Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of John Whiteing and Michaell 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 Appellants Defendants; as also upon the Answer of the said Nathaniell Webb, Administrator of the Goods of Nethemiah Webb deceased, not administered by Joanna Webb deceased, and also of the Goods of Joanna Webb, 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 John Whiteing and Michael Pope be, and is hereby, dismissed this House; and that the Decree from which they appealed to this House shall be, and is hereby, affirmed.
Maynard versus E. of Suffolk.
Upon reading the Petition of Elizabeth Maynard, Widow and Administratrix of Joseph Maynard Esquire, late deceased, who was the Son and Heir of Sir John Maynard Knight, late deceased; praying, "That she may have Leave to proceed in Chancery, against the Earl of Suffolke and his Countess:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Elizabeth Maynard shall be, and is hereby, referred to the Lords Committees for Privileges; who are to report their Opinion thereupon to the House.
L. Delawar desires Leave to apply to H. C.
The House being moved, "That the Lord De la Ware may have Leave of this House to make his Application to the House of Commons:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration thereof shall be referred to the Lords Committees for Privileges; who are to report their Opinion herein to the House.
Mordaunt versus Keck.
Upon reading the Petition and Appeal of Sir John Mordaunt Baronet, for the Reversal of a Decree of the Court of Chancery, made against him, on the Second Day of May last, at the Suit of Samuell Keck, Complainant:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Samuell Keck 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 Monday the One and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon.
Entry concerning Informations about intercepted Persons.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Committee appointed to draw what shall be entered in the Journal, upon hearing the Lord Keveton, Sir Ralph Delavall, and others, shall be revived, to meet To-morrow, at Nine of the Clock in the Forenoon; and to report what they shall then draw on Monday next.
Hemp and Flax Bill:
The Earl of Bridgwater reported from the Committee, the Bill, intituled, "An Act for the better ascertaining the Tithes of Hemp and Flax," with One Amendment.
Which was Twice read, and agreed to.
Then the Bill was read the Third Time.
The Question was put, "Whether this Bill shall pass, as amended?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Sir Miles Cooke and Dr. Edisbury:
To carry down the said Bill, and desire their Concurrence to the said Amendment.
E. of Salisbury's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the better securing the Portions, Debts, and Legacies, given and owing by James late Earl of Salisbury."
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.
Chancery, &c. Bills of Review, Bill.
The Lord Cornwallis reported from the Committee, the Bill, intituled, "An Act for the better determining of Causes upon Bills of Review in Chancery, and other Courts of Equity," with several Amendments; and reported what was said at the Committee by Sir William Rawlinson, One of the Commissioners of the Great Seal; and the Judges heard to reply to what Sir William Rawlinson said.
The Amendments were read Twice, and agreed to.
ORDERED, That the Bill be re-committed, upon the Debate, To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings; and that the Lord Chief Justice Holt and Mr. Justice Eyre do attend.
ORDERED, That the Committee of Privileges do not meet until Five of the Clock this Afternoon.
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, (videlicet,) 12um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.