DIE Jovis, 9 die Januarii.
Domini tam Spirituales quam Temporales præsentes
Epus. St. David's.
L. Privy Seal.
Dux Norfolke, et Comes Mar.
L. Great Chamberlain.
Ds. Grey de R.
D. of Norfolk et al. and Ly. Elizabeth Russel's Bill.
vice lecta est Billa, "An Act to discharge
the Duke of Norfolk, and the Trustees of Henry late
Duke of Norfolk, upon Payment of certain Sums of
Money to the Lady Elizabeth Teresa Russell, Wife of
Bartholmew Russell Esquire."
The Question being put, "Whether this Bill shall
pass for a Law?"
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 Sir John Francklyn:
To deliver to them the Bill for discharging the Duke
of Norfolke, &c.; and to desire their Concurrence thereunto.
Fountain versus Coke.
After having heard Counsel Two several Days at
the Bar, upon the Petition and Appeal of Andrewe
Fountaine Esquire, from a Decree made in the Court of
Exchequer, the Tenth Day of June, 1678, in a Cause
there depending, between Robert Coke Esquire and others
Plaintiffs, and the Petitioner Defendant; as also upon
the several Answers of Edward Coke Esquire, an Infant
under the Age of One and Twenty Years, by the Right
Honourable the Lady Anne Coke Widow, his Mother
and Guardian, and the Answer of Wm. Guavas Esquire
put in thereunto:
(fn. *) Interlined, per Ordinem 24 Aprilis, 1690.
After due Consideration had of what was offered by
Counsel on either Side thereupon, the Lords Spiritual
and Temporal in Parliament assembled do order, adjudge, and direct, That the said Edward Coke, by his
Guardian, and the said Andrew Fountaine, do, in or before Easter Terme next, proceed to a Trial at Law, at
the Bar of Their Majesties Court of Exchequer, by a
Jury of the County of Essex, upon these Two Issues;
to wit, First, Whether the Sum of Five Thousand Pounds,
lent to Sir Robert Holt, or any Part thereof, and what
Part, was the Money of John Coke the Testator of the
Defendant Guavas, at the Time of the Loan thereof, to
the said Sir Robert Holt; and, Secondly, Whether the
said John Coke did at any Time, after the said Loan
thereof, give the said Sum so lent, or any or what
Part thereof, unto the said Appellant Andrew Fountaine [by any other Deed or Writing than by the Releases], in which Issues the said Andrew Fountaine is to be
Defendant; and the said Fountaine is forthwith to name
an Attorney of that Court, and accept a Declaration, so
as the Trial may be had in Easter Terme next as aforesaid. And, to the End that a substantial Jury may be
returned, it is further ORDERED and Directed, That
the Sheriff of the said County do attend the Master of
the Office of Pleas of that Court, with his Freeholders
Book; and therein the Master of the said Office of Pleas
is to name Forty-eight Persons, whereof each Part is to
strike out Twelve, and the remaining Four and Twenty
are to be returned of the Jury, for Trial of the Issue
before directed: And forasmuch as it hath fully appeared to this House, that the said William Guavas
Esquire was, in the Year 1662, retained and employed
by the said John Coke, for and as his Receiver of his
Rents, Fines, and other Money, and did exercise and
continue in that Employment for and during the said
Year 1662, and always afterwards during the Life of
the said John Coke; and that it will be necessary, in
order to the Trial of the Issue aforesaid directed, to make
Proof of the same Matter at the said Trial at Law, this
House being satisfied with the Proofs already made in the
said Cause in the said Particular; it is therefore further
ORDERED, That, upon the Trial of the Issues, it shall
be admitted that the said William Guavas was, in the
Year 1662, retained and employed by the said John
Coke, for and as his Receiver of his Rents, Fines, and
other Monies, and did exercise and continue in that
Employment during the said Year 1662, and always afterwards to the Time of the Death of the said John
Coke; and, at the said Trial, the Depositions of such
Witnesses taken in this Cause, as are either dead, or
not able to travel to the said Court of Exchequer to attend the said Trial, are to be made Use of by either
Party: And it is further ORDERED and Adjudged,
That if the said Issues directed shall not be tried by the
End of Easter Terme next as aforesaid, through the
Default of the said Andrew Fountain; or if, upon Trial,
it shall be found that the said Money was Mr. Coke's;
that then the said Andrew Fountaine's Appeal shall be,
and is hereby, dismissed this House; but if it shall be
found that the said Money was the said Andrew Fountain's and not Mr. Coke's, that thereupon both Parties
shall be at Liberty to resort back to this House, in order to have a final Judgement therein upon the whole
Matter: And it is further ORDERED, That the Vellum
Book and stitched Papers, produced at the Hearing in
the Exchequer, shall be produced at the Trial now ordered.
Coke versus Fountain.
The House being moved, "That a Day may be appointed for hearing the Cause, wherein Edward Coke
Esquire is Plaintiff, and Andrewe Fountaine Defendant:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will
hear the said Cause, by Counsel on both Sides, at the
Bar, on Monday the 20th of this present January, at
Ten of the Clock in the Forenoon: And it is further
ORDERED, That the said Andrew Fountaine do produce, at the said Hearing, the Vellum Book and stitched
Papers, which were produced at the Hearing in this
House on Tuesday and Wednesday last past.
Report about the Trial of Peers.
ORDERED, That the Report from the Committee for
Privileges shall be made To-morrow, at Ten of the
Clock in the Forenoon.
Robertus Atkins, Miles de Balneo, Capitalis Baro de
Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, (videlicet), 10um diem instantis Januarii, hora decima Aurora,
Dominis sic decernentibus.
Hitherto examined by us,
this 11th April, 1690,
North & Grey.