House of Lords Journal Volume 14: 3 December 1690

DIE Mercurii, 3 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Aylesbury takes the Oaths.

This Day Thomas Earl of Aylesbury took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes.

ORDERED, That the Duke of Somersett be added to Two Committees; the one concerning the Chancery Bill, and the other concerning the Orphans Bill.

Daniel versus Leigh.

ORDERED, That the Cause of Daniell against Leigh be heard To-morrow.

Merchants to be heard against the Bill to prevent the Exportation of Bullion.

Upon reading the Petition of several Citizens of London; praying, "That they may be heard, before the passing of the Bill, intituled, An Act against the Exportation of Gold and Silver, and melting down the Coin of this Kingdom:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Merchants shall be heard, by themselves or their Counsel (or any other Persons that shall think themselves concerned therein), for or against the said Bill, on Saturday next, at Ten of the Clock in the Forenoon.

Hewley versus Wyvell.

Whereas the Cause wherein Dorothy Hewley Spinster is Plaintiff, and Francis Wyvell and Anne his Wife are Defendants, was appointed to be heard on Saturday next, at Ten of the Clock in the Forenoon:

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 next, at Ten of the Clock in the Forenoon, the First Business.

Capt. Moll and his Bail. discharged.

Upon reading the Petition of Captain Frederick Moll; shewing, "That he was admitted to Bail in April last; and that he is destitute of all Manner of Subsistence in this Country, he being a Stranger, born at Anlwerpe, and praying to be discharged and his Bail;" and whereas the said Frederick Moll, Thomas Webster, and Andrew Harriott, entered into a Recognizance, the 9th Day of April, 1690, to our Sovereign Lord and Lady King William and Queen Mary, Frederick Moll in Five Thousand Pounds, and the said Thomas Webster and Andrew Harriott in Two Thousand Five Hundred Pounds each, "That if the said Frederick Moll shall appear before this House at all Times when he shall be so ordered, by leaving an Order of this House at Mr. Webster's, in Parke Place, in St. Jameses, then the Recognizance to be void:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Frederick Moll, Tho. Webster, and Andrew Harriott, be, and they are hereby, discharged from their said Recognizance and Bail; and this shall be a sufficient Warrant on that Behalf.

Judges to attend the Committee for the Orphans Bill.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Justice Ventrice and Mr. Baron Nevill do attend the Lords Committees appointed to consider of the Bill, intituled, "An Act for erecting a Judicature for Relief of the distressed Orphans of the City of London," To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers.

Vacating Protections, Written or Printed.

A Debate concerning the vacating and adnulling all Written Protections for the future:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Debate shall be adjourned to To-morrow, at Ten of the Clock in the Forenoon.

Middleton, about conveying his Daughter away, discharged.

Whereas this Day was appointed for Mrs. Winefred Midleton, and Mrs. Margaret Clarke, to attend this House upon Mr. Coxe's Petition: Upon hearing this Day Mr. Midleton, Father of the said Winefred, and also Mr. Cox, and his Witness, at the Bar;

It is ORDERED, That Mr. Midleton and his Daughter, and Mrs. Margaret Clarke, be, and are hereby, discharged from any further Attendance in this Matter.

Huddleston versus Mounsey: Custos Brevium to attend.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Custos Brevium of the Court of Common Pleas do attend at the Bar of this House To-morrow, at Ten of the Clock in the Forenoon, with the Record of the Postea and Verdict in the Cause tried at the Assizes at Carlisle, between Andrew Hudleston Esquire and Mr. William Mounsey; and hereof he may not fail.

Hartstongue versus Lloyd.

Upon hearing Counsel this Day at the Bar, upon the Petition of Sir Standish Hartstongue Baronet, being an Appeal from a Decree made the last Day of Hearing after last Trinity Terme, in the Exchequer Chamber, in a Cause wherein Lewis Lloyd was Plaintiff, and the Petitioner Defendant; as also upon the Answer of Lewis Lloyd Gentleman put in thereunto:

After due Consideration had of what was offered by Counsel on both Sides thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Sir Standish Hartstongue Baronet be, and is hereby, dismissed this House; and that the Decree made in the Court of Exchequer, from which he appealed to this House, be, and is hereby, affirmed: And it is further ORDERED, That the said Sir Standish Hartstongue do pay, or cause to be paid, unto the said Lewis Lloyd, the Sum of Thirty Pounds of good and lawful Money of England, for his Costs and Charges in defending the said Appeal in this House.

Bp. St. Asaph versus Price & al. Privilege, concerning the Living of Llanguillyn.

This Day Thomas Price was told at the Bar, by the Speaker, "That he had broken the Privilege of the Lord Bishop of St. Asaph and this House, and that he was in Contempt of the House for so doing; and that the House expected, that the Lord Bishop of St. Asaph's Clerk, the late Incumbent, should be restored to the Living of Langwillyn, as he was before the last Verdict, in Time of Privilege of Parliament; and ordered as follows:

(fn. 1) Amended per Ordin. 3 Januarii, 1690.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Bishop of St. Asaph's Clerk, Robert Wynne, the Incumbent of Langwillyn (who was in Possession of the said Living before the last Verdict obtained at the Great Sessions in Merionethsh.), shall be restored to the Possession of the said Living as he was before the said Verdict, the said Verdict having passed in Time of Privilege; and that the said Thomas Price and others therein concerned do cause the same to be done, as they will answer the contrary to this House: (fn. 2) [And that the Sheriff of the said County of Merioneth do take Care that this Order be accordingly put in Execution]."

Salmon versus Hampton, in Error.

Upon hearing Counsel this Day at the Bar, to argue the Errors assigned, upon the Writ of Error brought into this House the Second of October, 1690, wherein John Salmond is Plaintiff, and Anne Hampton, alias Lewis, and others, Defendants:

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 Judgement given (in the Transcript of the said Record brought into this House), in the Exchequer Chamber, for the reversing of the Judgement given in the Court of Exchequer, be, and is hereby, affirmed.

The Tenor of which Judgement, to be affixed to the Record, followeth:

"Postea, scilicet, Secundo Die Octobris, Anno Regni Regis & Reginæ Gulielm. & Marie nunc Angl. &c. Secundo, Transcript. Record. & Process. inter Partes præd. cum omnibus ea tangen. Prætextu cujusdam Brevis de Errore corrigend. per prædict. Joh'em Salmon in Præmiss. prosecut. dictis Domino Regi & Dominæ Reginæ, in præsenti Parliamento, a præd. Cur. Scaccarii dictor. Domini Regis & Dominæ Reginæ transmiss. fuit; prædictusque Joh'es Salmon in eadem Curia Parliament. diversas Causas & Materias pro Error. in Record. & Process. præd. ac in Redditione (fn. 2) Reversatione Judicii præd. necnon in Reversatione Judic. præd. pro Reversatione & Annullatione (fn. 2) Reversatione Judic. præd. & in Affirmatione Judicii præd. in præd. (fn. 2) Scaccarii præd. reddit. assignavit; ad quas præd. Anna Hampton alias Lewis, Joh'es Williams, Ric'us Owen, Owen Edward, Jenkin Owen, Jana Virth, & Hugh Prees, in ead m Curia Parliamenti præd. comparen. placitaver. quod nec in Record. & Processu præd. nec in Redditione Reversation. Judicii præd. in (fn. 2) nullo fuit Errat.; & postea, scilicet, Tertio Die Decembris, Anno Regni dictorum Domini Regis & Dominæ Reginæ Secundo supradict. in præd. Cur. Parliamenti visis & per Cur. ibidem diligenter examinatis, & plenius intellectis, tam Recordo & Process. præd. ac Reversatione Judic. super eisdem in Forma præd. quam præd. Causis & Materiis per Joh'em Salmon pro Erroribus superius assignat. & allegat. pro eo quod videtur Cur. Parliamenti præd. quod in Record. illo & Processu præd. ac in Redditione (fn. 2) Reversatione Judicii præd. in nullo fuit Errat. ideo ad tunc & ibidem considerat. fuit per eandem Cur. Parliamenti præd. quod (fn. 2) Reversatione Judicii præd. in omnibus affirmetur, & in omnibus stet in Effectu; dictis Causis & Materiis superius pro Errore assignat. in aliquo non obstantibus; & quod præd. (fn. 2) Annam Hampton alias Lewis, (fn. 2) Joh'em Williams, Ric'us Owen, Owen Edward, Jekin Owin, & Jana Virth, & Hugh Prees, in Cur. dictor. Domini Regis & Dominæ Reginæ coram Baron. de Scaccario suo apud Westm. præd. habeant inde Execution. juxta Formam & Effect. (fn. 2) Reversatione Judic. præd. necnon Affirmatione (fn. 2) Reversatione Judicii præd. ac superinde Record. & Process. præd. cum omnibus ea tangent. præd. Cur. dictorum Domini Regis & Dominæ Reginæ de Scaccario præd. per Cur. Parliament. præd. remittant. & in eadem Cur. dictor. Domini Regis & Dominæ Reginæ de Scaccario præd. coram Baronibus præd. jam resident. ad Executionem superinde saciend. in Forma præd."

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, (videlicet,) 4^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.