House of Lords Journal Volume 13: 8 December 1680

DIE Mercurii, 8 die Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. President, Speaker.

Lord President supplied the Place of the Lord Chancellor.

Wycherley versus Tyler & al.

Upon reading the Petition of Daniell Wicherley Esquire; shewing, "That he had Notice from George Tyler and others but last Night, that this Day was appointed to hear Counsel, upon his Appeal, and their Answer thereunto; which being long, and put in but on Monday last, he hath not had Time to instruct Counsel, and therefore prayeth a longer Day:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Hearing of Counsel upon the said Appeal and Answer be, and is hereby, appointed to be on Monday the Thirteenth Day of this Instant December, at Ten of the Clock in the Forenoon; whereof the said Daniell Wicherley is to cause timely Notice to be given to the said George Tyler and other Respondents for that Purpose.

King versus Fletcher, in Error: Diminution alledged;

Upon reading the Petition of John King Doctor in Physic; shewing, "That Christopher Fletcher hath by Writ of Error brought into this Court a Judgement given in the Court of Common Pleas, and affirmed in the Court of King's Bench on the Behalf of the Petitioner, and hath thereupon alledged Diminution in the Records, and prayed Two Certioraris for rectifying thereof, only for Delay, as in the said Petition is suggested:"

Certioraris thereupon to be speeded, else the Writ to be void.

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Christopher Fletcher do procure His Majesty's Writs of Certiorari to be directed, One to the Custos Brevium of the Court of Common Pleas, and the other to the proper Officer of the Court of King's Bench, and do cause the same to be returned into this Court, on Thursday the Sixteenth Day of this Instant, December, or else the said Writ of Error to be void; whereof the said John King is to cause timely Notice to be given to the said Christopher Fletcher for that Purpose.

Sir J. Edwards versus Howard.

Upon reading the Petition of Sir John Edwards Knight, shewing, "That Mary Howard hath put in her Answer to his Appeal depending in this House; and praying, that a Day for hearing Counsel thereupon may be appointed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel at the Bar upon the said Appeal and Answer on Wednesday the 15th Day of this Instant December, at Ten of the Clock in the Forenoon; whereof the said Sir John Edwards is to cause timely Notice to be given to the said Mary Howard for that Purpose.

Noy versus Sir P. Fortescue.

Upon reading the Petition of Sir Peter Fortescue Baronet, and Dame Amy his Wife; shewing, "That they have long since put in their Answer to the Appeal of William Noye Esquire, depending against them in this House, who hath not given Security for Performance of the Decree appealed from, or paying Costs if it be not reversed, as in the said Petition is suggested; and praying, that a Day may be appointed to hear Counsel thereupon:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel at the Bar, upon the said Appeal and Answer, on Thursday the Sixteenth Day of this Instant, December, at Ten of the Clock in the Forenoon; at which Time the Lords will consider of the Ten Pounds Costs formerly taxed in this Case; before which Time, the said William Noye is to enter into Recognizance of One Hundred Pounds to the King's Majesty, for Payment of Costs, as by the Order of this House of the 20th of November last is directed; and hereof the Petitioners are to cause timely Notice to be given to the said William Noy, for the said Purposes respectively.

Dowager Lady Abergavenny.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Matter reported this Day by His Majesty's Attorney General, concerning the Lady Dowager Abergaveney, of Sherborne, in Oxfordshire, be, and is hereby, referred to the Consideration of the Lords Committees for examining Matters relating to the late horrid Plot and Conspiracy.

Her Papers delivered to Thursby.

Upon Report made by the Earl of Shaftesbury, from the Lords Committees for examining Matters relating to the late horrid Plot and Conspiracy, "That the Trunk of Writings belonging to the Lady Dowager Abergaveney, which were seized and brought up from Sherborne, in Oxfordshire, may be delivered to Mr. William Thursby, Counsellor at Law"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Clerk of the Parliaments (in whose Custody the said Trunk now is) be, and is hereby, authorized to deliver the said Trunk of Writings to the said Mr. Thursby, he giving to the Clerk of the Parliaments an Acquittance for the same upon his Receipt thereof.

ORDERED, That the Committee concerning Dissenters, and the Committee for inspecting Commissions for the Peace, do meet at the Rising of the House.

Penny, pro Strickland & al. to enter into Recognizance.

Whereas there is an Appeal of John Strickland and Thomas Greene, and Mary his Wife, brought into this House, which said Appellants, being not in Town, have deputed Edward Penny, of West Coker, in the County of Somersett, Gentleman, to attend the Prosecution of their said Appeal; it being moved, "That the said Edward Penny may be Security for the said Appellants:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edward Penny be, and is hereby, admitted to enter into Recognizance of One Hundred Pounds to the King's Majesty; that the Appellants shall pay such Costs to the Defendant in the said Appeal as this Court shall appoint, in case the Decree appealed from shall be affirmed by this Court.

Collop versus Jefferyes & al.

Upon reading the Petition of William Collop, Prisoner in The Fleete, being an Appeal from an Order and Decree made in the Court of Chancery, on the Behalf of John Jefferyes, John Stevenson, James Metham, and Thomas Goston, concerning certain Lands, called, The North and South Gosfords, in Northumberland, and other Matters in the said Petition suggested:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Jefferyes, John Stevenson, James Metham, and Thomas Goston, be, and are hereby, required to put in their Answer, or several Answers, to the said Appeal in Writing, within One Week next after Notice to them respectively given by the said William Collop, or such Person or Persons as he shall employ for that Purpose.

Rogers versus Sir Denny Gawden & al.

Upon reading the Petition of Thomas Rogers; shewing, "That having obtained a Judgement against Sir Dennis Gawden, Sir Denny Ashburnham, Abraham Jaggard Esquire, Benjamin and Jonathan Gawden Esquires, in the Court of Common Pleas, which Judgement is since affirmed in the Court of King's Bench, the said Parties have taken out a Writ of Error thereupon, returnable into this Court, but delay to bring in the same; and therefore prayeth, that he may be at Liberty to take out Execution upon the said Judgement:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Dennis Gawden, Sir Denny Ashburnham, Abraham Jaggard, Benjamin and Jonathan Gawden, be, and they are hereby, required to cause the said Writ of Error, together with the Transcript of the said Judgement, to be brought into this Court within Seven Days next after the Date of this Order, or else the said Writ of Error to be void; whereof the said Thomas Rogers is to cause timely Notice to be given to the said Sir Dennis Gawden, and the other Persons concerned therein.

Adjourn.

Dominus Præses Concilii declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 9^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.