DIE Sabbati, 7 Novembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Sarum.
Epus. Worcester.
Epus. Oxon.
Epus. Ely.
Epus. Hereford.
Epus. Norwich.
Epus. Peterborow.
Epus. Bath & Wells. |
Dux Cumberland.
Dux Norfolke.
Dux Bolton.
March. Hallifax.
Comes Oxford.
Comes Shrewsbury.
Comes Derby.
Comes Bridgewater.
Comes Westmerland.
Comes Manchester.
Comes Mulgrave.
Comes Rivers.
Comes Stamford.
Comes Carnarvon.
Comes Thannet.
Comes Craven.
Comes Aylisbury.
Comes Sussex.
Comes Feversham.
Comes Radnor.
Comes Rochester.
Comes Fauconberge.
Comes Marlborough.
Comes Scarborough. |
Ds. Willoughby Er.
Ds. Fitzwalter.
Ds. Eure.
Ds. Chandos.
Ds. Sidney.
Ds. Brooke.
Ds. Vaughan.
Ds. Colepeper.
Ds. Cornwallis.
Ds. Carteret.
Ds. Cholmondley. |
PRAYERS.
Sir M. Beckman & al. Nat. Bill.
Hodie 1a
vice lecta est Billa, intituled, "An Act for naturalizing Sir Martin Beckman Knight and others."
Mathews's Bill.
Hodie 2a
vice lecta est Billa, "An Act for settling a
Jointure on Jane the Wife of Colonel Edward Mathews, Daughter of Sir Thomas Armstrong deceased."
ORDERED, That the Consideration of this Bill is
committed to the Lords following:
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Dux Bolton.
March. Hallifax.
Comes Bridgewater.
Comes Clare.
Comes Westmerland.
Comes Manchester.
Comes Mulgrave.
Comes Rivers.
Comes Stamford.
Comes Carnarvon.
Comes Craven.
Comes Sussex.
Comes Rochester.
Vicecomes Weymouth. |
Epus. London.
Epus. Durham.
Epus. Worcester.
Epus. Oxon.
Epus. Ely.
Epus. Hereford. |
Ds. Eure.
Ds. Chandos.
Ds. Vaughan.
Ds. Colepeper.
Ds. Cornwallis.
Ds. Cholmondley. |
Their Lordships, or any Five of them; to meet
on Monday next, at Nine of the Clock in the
Forenoon, in the Prince's Lodgings near the
House of Peers; and to adjourn as they please.
Punishment of Offenders, Bill.
Hodie 1a
vice lecta est Billa, "An Act to take away
Clergy from some Offenders, and to bring others to
Punishment."
Whiteing & al. versus Webb.
Upon reading the Petition and Appeal of John
Whiteing and Michael Pope, Sugar-bakers, from a Decree made in the High Court of Chancery, in a Cause
there formerly depending, between Joanna Webb, Widow
and Executrix of Nehemiah Webb deceased, Plaintiff,
and the Petitioners the Appellants, Defendants; and
now there still depending, between Nathaniell Webb, the
Administrator of the said Joanna Webb, and also of the
Goods of the said Nehemiah unadministered by the said
Joanna, by Bill of Revivor, Plaintiff, and the Petitioners
the Appellants Defendants; and praying the Hearing
of the said Cause; and that the said Nathaniell Webb
put in his Answer thereunto, and all Proceedings stayed
upon the Decree, and the Decree reversed:
It is thereupon ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Nathaniell Webb may have a Copy of the said Petition;
and be, and is hereby, required to put in his Answer
thereunto, in Writing, on Tuesday the Seventeenth Day
of this Instant November, at Ten of the Clock in the
Forenoon; and that, in the mean Time, all Proceedings
in the Courts below be stayed; whereof the Petitioner
is to cause Notice to be given to the Defendant, to the
End he answer accordingly.
Swayne versus Jones.
Upon reading the Petition and Appeal of Will'm
Swayne Esquire, from a Decree of the Court of Chancery in Two Causes, the one wherein Richard Jones is
Plaintiff, and the Petitioner Defendant; the other,
wherein the Petitioner is Plaintiff, and the said Richard
Jones and William Bray are Defendants; and praying,
That Richard Jones and William Bray may answer
thereunto; and that the Service of the Order of
Summons to answer, and such other Orders as shall
be made therein, upon their Clerk in Chancery, may
be a sufficient Service, in regard the Petitioner cannot serve them personally, as by Affidavit annexed
appears:"
It is thereupon ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That the said Richard
Jones and William Bray may have a Copy of the said
Appeal; and be, and they are hereby, required to put
in their Answer or respective Answers thereunto, in
Writing, on Friday the Thirteenth Day of this Instant
November, at Ten of the Clock in the Forenoon; and
that the Service of this Order upon their Clerk in Chancery shall be a good Service, for their answering at the
Time aforesaid.
Coney versus Tirrell,
Upon reading the Petition of Appeal of Mary Cony
Widow, Executrix of George Cony of London, Merchant,
from an Order made in the High Court of Chancery the
Second Day of May, in the Second Year of Their now
Majesties Reign, whereby the Court over-ruled the Petitioner's Exceptions to the Master's Report of Accompts, and ordered Four Hundred Pounds on Four Bills
of Exchange to be allowed to the Plaintiff Samuell Tirrell, as well as Three Bills of Exchange for Three Hundred and Sixty Pounds; and that the said Sums be applied towards the Satisfaction of one Calf's Mortgagemoney, and the rest to go in the general Accompt, as
in the Petition amongst other Things is suggested; and
praying, "That the said Samuell Tirrell may shew
Cause why the said Decree should not be reversed,
and the Petitioner awarded the Four Hundred Twenty-five Pounds in Arrear of Calf's Mortgage-money,
and the Three Thousand Pounds due upon the said
Judgement, with Interest:"
It is thereupon ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Samuell Tirrell may have a Copy of the said Petition;
and be, and is hereby, required to put in his Answer
thereunto, in Writing, on Tuesday the Seventeenth Day
of this Instant November, at Ten of the Clock in the
Forenoon; whereof the Petitioner is to cause Notice
to be given to the Defendant, to the End he answer
accordingly.
Joyce versus Fowkes & al.
Upon reading the Petition and Appeal of Thomas
Joyce, being an Appeal from a Decree made before the
late Lords Commissioners of the Great Seal, on the Tenth
Day of February, 1689, on the Behalf of Richard
Fowkes, Thomas Fowler, and Bryan Satterwaight; and
praying, "That they may answer to the said Petition,
either by themselves, or their Clerk or Solicitor in
Chancery; and that, in the mean Time, all Proceedings
in the Court below be stayed:"
It is thereupon ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Richard Fowkes, Thomas Fowler, and Bryan Satterwaight,
may have a Copy of the said Petition; and be, and
they are hereby, required to put in their Answer or
respective Answers thereunto, in Writing, on Friday the
Thirteenth Day of this Instant November, at Ten of the
Clock in the Forenoon; whereof the Petitioner is to
cause Notice to be given to the Defendants, or their
Clerk in Chancery, to the End they answer accordingly.
Howard versus Beaghan.
Upon reading the Petition and Appeal of Dame Elizabeth Howard Widow, Appellant from a Decree made
in the Court of Chancery, wherein Edmund Beaghan
Esquire and Anne Beaghan his Daughter, an Infant, are
Plaintiffs, against the said Dame Eliz. Howard and
others Defendants; and praying the Reversal of the said
Decree, and all Proceedings stopped, and she protected
from the Proceedings of the Courts below:
It is thereupon ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Edmond Beaghan and Anne Beaghan his Daughter may
have a Copy of the said Petition; and be, and they are
hereby, required to put in their Answer thereunto, in
Writing, on Tuesday the Seventeenth Day of this Instant
November, at Ten of the Clock in the Forenoon; and
that, in the mean Time, all Proceedings in the Court below shall be stayed, and the said Elizabeth Howard protected from any Proceedings on the said Decree; whereof the Petitioner is to cause Notice to be given to the
Defendants, to the End they answer accordingly.
Halton versus Williams.
Upon reading the Petition of Timothy Halton Doctor in Divinity, Archdeacon of Brecknock, in the County
of Brecknock, and of John Halton Batchelor of Divinity,
his Lessee in Trust; shewing, "That the Petitioner did,
by Lease, demise to William Williams, of Brecknock,
Gentleman, an Attorney at Law, all that the Prebend, Parsonage, Rectory, and Tithes, of St. David's
in Llanvais, in the County of Brecknock, for Six
Years, at Seventy Pounds a Year, by which he hath
enjoyed the Premises; and there is Two Hundred
and Forty-five Pounds due to the Petitioner John
Halton, in Trust as aforesaid; and that the said William Williams pretends to be a Servant to the Reverend Father in God Thomas Lord Bishop of St. David's, and refuses to pay the said Rent, and insists
upon the Privilege of this House, as being protected
from all Arrests by his Lordships; and praying, that
he may have the Leave of this Honourable House to
sue the said William Williams at Law:" Upon Oath
made at the Bar that the said William Williams is a common Attorney and Solicitor;
It is thereupon ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Timothy Halton and John Halton have hereby Leave
given them to sue the said William Williams, Attorney
at Law, for the said Debt.
Attornies and Solicitors to Peers, no Privilege.
Complaint having been this Day made, "That Attornies at Law and Common Solicitors have been protected by some Peers, or Members of this House;
which upon Consideration had thereof, and that they
act in and do Business for divers other Persons besides those who protect them:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That no Attorney at Law,
or Common Solicitor, shall be allowed any Protection
from any Peer or Member of this House, nor enjoy any
Privilege by reason thereof, for the future, upon Oath
being made that they are such.
Peers Agents and Servants Privilege, to be considered.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby,
referred to the Lords Committees for Privileges, to consider of, and ascertain, the Privilege of the Servants and
Agents of the Peers of this Realm and Members of this
House.
Myres & al. Tenants of Millom, &c. versus Huddlestone.
Upon hearing Counsel this Day at the Bar, upon
the Petition and Appeal of Edmund Myers, William
Brockbanck, William Muniaster, Ferdinando Crowdson,
John Fox, Ralph Elletson, John Smith, Edward Jackson,
Thomas Waters, John Lewthwaite, Hugh Atkinson, George
Nicholson, Thomas Cragg, Elizabeth Hunter Widow, and
divers other Customary Tenants within the several Manors or Lordships of Millom, Kirke Stanton, (fn. *)
Satterton,
Bootle, Corney, Witcham, Whitbeck, and Ulpha, in the
County of Cumberland, as well on their own Behalfs as
on the Behalf of the rest of the Tenants of the said
several Manors or Lordships; complaining of a Dismission of their Bill in the Court of Chancery, the Seven
and Twentieth Day of November, 1690, made ex Parte,
on the Hearing of the said Cause, on the Equity reserved, was dismissed with Costs, as in the Petition is set
forth; as also upon hearing Counsel upon the Answer
of Joseph Huddleston Esquire, Lord of the Manor of
Millom, in the County of Cumberland, One of the Respondents to the said Petition, and the Answers of Richard Huddleston and Thomas Benson 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 and Appeal of
Edmund Myers, William Brockbancke, William Muniaster,
Ferdinando Crowdson, John Fox, Ralph Elletson, John
Smith, Edmond Jackson, Thomas Waters, John Lewthwaite, Hugh Atkinson, George Nicholson, Thomas Cragg,
Elizabeth Hunter, and divers other Customary Tenants
within the several Manors or Lordships of Millom, Kirke
Stanton,
(fn. *)
Sallerton, Botle, Corney, Witham, Whitbeck, and
Ulpha, in the County of Cumberland, shall be, and is
hereby, dismissed this House; and that the Dismission
complained of in the said Petition be, and is hereby,
confirmed: And it is further ORDERED, That the said
Edmund Myers and the others, Appellants abovesaid,
shall pay, or cause to be paid, unto the said Joseph
Huddleston, Richard Huddleston, and Thomas Benson, the
Sum of Twenty Pounds, of good and lawful Money of
Engl'd, for their Costs and Charges sustained in defending the said Appeal in this House; and this shall be
a sufficient Warrant.
Adjourn.
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de
Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 9um Novembris instantis, hora decima Aurora,
Dominis sic decernentibus.