House of Lords Journal Volume 14: 19 April 1689

DIE Veneris, 19 die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Marq. de Halyfax Speaker pro Tempore.

Simoniacal Promotions, Bill.

Hodie 2^a vice lecta est Billa, "An Act, that Simoniacal Promotion of one Person may not prejudice another."

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

Their Lordships, or any Three of them; to meet Monday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings; and to consider whether a Clause against Non-residency is proper to be added to this Bill, or a Bill against Non-residency by itself; and to draw the said Clause or Bill, and report it to the House.

Forster versus Forster.

Upon hearing Counsel this Day at the Bar, upon the Petition of Henry Forster Gentleman; shewing, That, on the 25th of Novemb. 26° Caroli 2^di Regis, he had a Decree made, by the late Lord Chancellor Nottingham, then Lord Keeper, for the Performance of a Marriage Settlement, which Decree was signed and enrolled; and that John Forster, without performing the said Decree, obtained an Order from the late Lord Chancellor Jeffryes for re-hearing the said Cause; upon which Hearing, the last Day of May, 1688, his Lordship ordered the Petitioner's Bill to stand dismissed, with Costs; and praying the said Dismission may be reversed, and that the aforesaid Decree made by the Lord Chancellor Nottingham may be affirmed;" as also hearing Counsel upon the Answer of John Forster 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 of Henry Forster be, and is hereby, dismissed this House; and that the Decree of Dismission made by the Lord Jefferyes in the Court of Chancery, from which he appealed to this House, be, and is hereby, affirmed.

Serle versus Clarke.

After hearing Counsel, the 6th of April Instant, at the Bar, upon the Petition of Henry Serle Esquire; complaining of several Proceedings in the Court of Chancery, after Judgement given in this House, by the late Lord Chancellor Jeffryes, for and on the Behalf of Sir Robert Clerke, Nicholas Barebone, and others, who did, by colour of the Order of Reference, not only take Cognizance of the said Matter referred, but also of those Matters which this House had adjudged and determined; and also did order the Petitioner to be committed and kept close Prisoner in The Fleete, and granted an Injunction to stay his building on the said Fields; and that the said Lord Chancellor, on the 8th Day of June, 1686, did, without any Evidence or Proof, set up a Title to the said Clerke, by colour of the Declaration of Trust, and decreed the Six Clerks (to whom the Petitioner was compelled to convey) to convey over to the said Clerke, or whom he should appoint, a Moiety of the said Leasehold Premises; and afterwards the said Doctor Barbone and the others, Defendants, did exhibit a new Bill against the said Serle, to reverse the Judgement given by this House touching the Fee Simple Parts of the said Premises, and other Things in the said Petition set forth; as also upon hearing Counsel, the said Day, upon the Answers of James Mathews, Nicholas Barebone Doctor in Physic, Michaell Schrimpshire Goldsmith, Jonathan Barthropp Esquire, Thomas Powell Esquire, Thomas Alston Esquire, and James Doardman Gentleman, put in thereunto:

After due Consideration had of what was offered by Counsel on either Part upon the said Petition and Answer put in thereunto, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree and Orders made by the late Lord Chancellor Jeffryes, on the Behalf of the said Sir Robert Clerke and Nicholas Barebone, and the other Defendants, from which the said Henry Serle appealed to this House, be, and are hereby, reversed; and that the said Mr. Serle's Title to the Fields in Question be, and is hereby, affirmed; and that the Six Clerks in Chancery, and all other Persons claiming by or under them, do and shall re-convey and re-assign unto Mr. Serle, or as he shall appoint, the Leasehold Sixth Part of the said Fields, called Lincolne's Inne Litle Fields, the Whole in Six Parts to be divided, freed from all Incumbrances made or done by them, or any of them, together with the Lease and Assignment thereof to them made by Orders of the Court of Chancery; and that all Writings concerning the same, that were by any Orders of that Court brought into it, shall be delivered by the Masters of the said Court unto the said Mr. Serle; and that the said new Bill, exhibited by the said Doctor Barebone and others against the said Serle, be dismissed the said Court of Chancery.

Bill for Exportation of Corn.

ORDERED, That the Committee to encourage the Transportation of Corn do meet this Afternoon, at Four of the Clock.

Lords Leave to be absent.

ORDERED, That the Duke of Somerset hath Leave to go into the Country, for his Health.

ORDERED, That the Lord Ferrers hath Leave to go into the Country; and will leave his Proxy.

Adjourn.

Marquis de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 20^um diem instantis Aprilis, hora nona Aurora, Dominis sic decernentibus.

Hitherto examined by us, this 10th June, 1689.

J. Bridgewater.
North & Grey.
Herbert.