House of Lords Journal Volume 14: 10 January 1690

DIE Veneris, 10 die Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Coke versus Fountain.

Upon reading the Judgement of this House, in the Cause of Andrew Fountaine and Edward Coke Esquire, made Yesterday:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That One Counsel on each Side shall be heard To-morrow, at Ten of the Clock in the Forenoon, only as to the Residue of those Sums which make up the said £. 13230 over and above the Five Thousand Pounds on Sir Robert Holt's Mortgage.

Wallis, a Witness, to attend.

Upon reading the Petition of Andrew Fountaine Esquire; praying, "That Mr. Wallis, who is his Witness, and near One Hundred Miles distant, may be ordered to attend at the Hearing of the Appeal of Edward Coke Esquire, to which he is Defendant:"

It is ORDERED, That the said Wallis do attend this House the 20th Instant, at Ten of the Clock in the Forenoon; at which Time the said Cause is to be heard.

Sir J. Gore versus Sir T. Rolt.

Upon the Petition of Sir Thomas Rolt; shewing, "That he is Defendant, to the Appeal of Sir John Gore depending in this House; and praying a Day may be appointed for hearing the said Cause:"

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 Thursday next, being the 16th Instant, at Ten of the Clock in the Forenoon.

Harris versus Osbalston.

Upon Report from the Committee for Petitions, the Petition and Appeal of John Harris and Elizabeth Harris, from a Dismission in the High Court of Chancery, the Seventh Day of May, 1688, in a Cause there then depending, between these Appellants, Plaintiffs, and Robert Osbalston and others, Defendants; and do find that the Appellant never had a Bill of Review, and therefore leaves it to the House to judge whether it shall be received:

After Consideration of the Nature of the Case, it is ORDERED, That the said Robert Osbaldston and other Defendants may have a Copy of the said Petition; and be, and are hereby, required to put in their Answers unto them in Writing, on Wednesday, the 20th Instant, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause timely Notice to be given to the Defendants, to the End they answer accordingly.

Lady Smith versus Blight.

Upon a Report from the Lords Committees for Petitions, of the Petition of Dame Anne Smith, Widow and Executrix of Sir James Smith Knight, deceased, complaining of a Decree made in the Court of Chancery, on the 8th Day of July last past, on the Behalf of Elizabeth and Francis Blight, "That their Lordships find that there hath been no Bill of Review; but, the Decree being to pay a Sum of Money, they conceive no Bill of Review will lie, unless the Money decreed be paid to the adverse Party; and then it will be too late to appeal:"

Upon Consideration had thereof, it is ORDERED, That the said Elizabeth and Francis Blight, may have a Copy of the said Appeal; and be, and are hereby, required to put in their Answer or respective Answers thereunto, in Writing, on Monday the 20th Instant, at Ten of the Clock in the Forenoon; whereof the said Dame Anne Smith is to cause timely Notice to be given to the said Elizabeth and Francis Blight, to the End they answer accordingly.

Ly. Elizabeth Hamilton's Petition rejected.

Upon Report from the Committee for Petitions, the Petition of the Lady Elizabeth Hamilton, "That they do conceive it unfit to be received by the House:"

To which the House Agreed; and ORDERED, That the said Petition be, and is hereby, rejected.

Marshal et al. versus Sir R. Brook.

Upon reading the Petition of Mary Marshall, Anne Boreman, and Edward Crispe; shewing, "That Sir Robert Brooke hath brought an Appeal into this House, to which they have answered; and also shewing, that the said Sir Rob't Brooke, nor any one for him, hath entered into a Recognizance, to pay such Costs as this House shall give, in case they shall dismiss the Appeal; and praying a Day for Hearing:"

It is ORDERED thereupon, That if the said Sir Rob't Brooke, or some Person for him, do not enter into a Recognizance by Monday next, at Ten of the Clock in the Forenoon, as they ought to do by the Rules of this House, that then the Petition and Appeal of Sir Rob't Brooke and his Lady shall be, and is hereby, dismissed this House: And it is further ORDERED, That if they do enter into a Recognizance as aforesaid, that then this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Saturday the 18th Instant, at Ten of the Clock in the Forenoon.

Bill to revive the Act for Triennial Parliaments.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act for preventing Inconveniencies by the long Intermission of Parliaments," shall be read the Second Time on Friday next, at Ten of the Clock in the Forenoon.

Richardson discharged.

After having heard Captain William Richardson this Day, at the Bar, to answer such Things as should be objected against him, pursuant to an Order of this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That he be, and is hereby, discharged from any further Attendance on this House in these Matters.

Reading versus Simpson.

Upon the Report from the Lords Committees for Privileges, to whom was referred the Petition of Natbaniell Reading Esquire; wherein, amongst other Things, he complains of Mr. William Simpson and Mr. Henry Wood's Disobedience, to an Order of this House, of the 20th of December, 1680, "That their Lordships do not find that there hath been a Contempt of the said Order, or of any other Order of the House of Peers; because they were made conditionally, and to be obeyed within certain Times given, which could not be done, by reason of Prorogations or Dissolutions: Their Lordships further find, that, since the making the said Order the said Mr. Reading hath agreed with the Commissioners; and, in Pursuance of that Agreement, hath received £. 500 and is to receive One Thousand Pounds more; and hath given them Releases."

Upon Consideration had of the said Report, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Nath. Reading Esquire, be, and is hereby, rejected this House, without Prejudice to any Remedy he may have in Westm. Hall.

Report concerning the Trial of Peers.

The Earl of Bridgewater reported from the Lords Committees for Privileges, "That it is their Lordships Opinion, That no Peer ought to be tried, in Time of Parliament, but by the House of Peers; and that, at the Trial of any Peer out of Parliament, it shall be lawful for all the Peers of England to be at the Trial of such Peer; and that if any Peer, not appearing at such Trial, shall not in the next Session of Parliament shew good Reason why he was not present thereat, he shall be finable at the Pleasure of the House of Peers."

Lords to be summoned, and Judges to attend about it.

ORDERED, That this Report shall be considered on Tuesday next, at Ten of the Clock in the Forenoon; and that all the Lords be then summoned to attend, and the Judges also.

Adjourn.

Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 11^um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.