Journal of the House of Lords: Volume 16, 1696-1701. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 3 Martii.
Davies versus Speed.
Upon reading the Petition of Robert Davies, Plaintiff in a Writ of Error depending in this House; shewing, "That he hath assigned Errors thereupon; and praying that the Defendant, John Speed Doctor in Physic, may be ordered to join Issue; and the serving of Mr. Robert Callow may be good Service, in order thereunto:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Speed shall and he is hereby required to join Issue in this Case, on or before Monday next, at Ten of the Clock; and that the Service of this Order upon Mr. Robert Callow shall be sufficient Notice in that Behalf.
Philpot versus Hopkins.
Upon reading the Petition of Edward Philpot and James Harry; shewing, "That Philip Hopkins brought an Appeal into this House on the Three and Twentieth Day of December last, and the Petitioners have answered thereunto; and that the Appellant hath not prosecuted the said Appeal:"
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 Thursday the Four and Twentieth Day of March Instant, at Ten of the Clock in the Forenoon.
Message to H. C. with it.
E. of Macclesfield's Divorce Bill:
Protest against it:
"Because we conceive this is the First Bill of this Nature that hath passed, where there was not a Divorce first obtained in the Spiritual Court; which we look upon as an ill Precedent, and may be of dangerous Consequence in the future.
Message to H. C. with the Bill.
Sir Benj. Godwin versus Berry and Bowen:
After hearing Counsel this Day, upon the Petition and Appeal of Sir Benjamine Godwin Baronet, complaining of a Decree made by the Master of the Rolls, the Fourth Day of August One Thousand Six Hundred Ninety-six; and also a Decree pronounced by the Lord Chancellor the Twelfth Day of November last, on the Behalf of John Berry and Rice Bowen; as also upon the Answer of the said John Berry and Rice Bowen put in thereunto:
Judgment affirmed, with Costs.
After due Consideration of what was offered thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Sir Benjamine Godwin shall be, and is hereby, dismissed this House; and that the Decrees therein complained of shall be, and they are hereby, affirmed: And it is further ORDERED, That the Appellant Sir Benjamin Godwin shall pay, or cause to be paid, unto the said Respondents, the Sum of Twenty Pounds for their Costs.
Writs of Error brought in.
Bernard versus Leaves.
Leach versus Thompson.
Appeals to be signed by Counsel in the Cause.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That no Person whatsoever do presume, as Counsel, to sign any Appeal to be brought into this House for the future, unless such Person hath been of Counsel in the same Cause in the Courts below, or shall attend as Counsel at the Bar of this House when the said Appeal shall come on to be heard: And it is further ORDERED, That this Order shall be added to the Roll of Standing Orders, and affixed on the Doors of this House and the Courts in Westm'r Hall.