House of Lords Journal Volume 14: 12 December 1691

DIE Sabbati, 12 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Writs of Error brought in.

The Lord Chief Justice Holt, in the usual Manner, brought in Two Writs of Error:

One, wherein Mary Clerke is Plaintiff, versus William Briggs Defendant.

The other, wherein William Eyres is Plaintiff, versus Tho. Hall Defendant.

E. Thanet, concerning the Barony of Clifford.

The Lord Bishop of Salisbury reported from the Lords Committees for Privileges, "That their Lordships have considered the Pedigree of Thomas Earl of Thannet to the Barony of Lord Clifford, which was brought to their Lordships by Mr. Gregory King an Herald (sworn at the Bar of the House), and attested by Sir Thomas St. George and the other Heralds; and their Lordships are of Opinion, That Thomas now Earl of Thannet is the sole, lineal and right Heir to Robert de Clifford, first summoned to Parliament as Lord de Clifford by Writ dated 29° Decembris, 28° Edw. 1^mi; and that the said Title and Barony of Lord Clifford doth of Right belong to the said Earl of Thannet and his Heirs."

To which the House agreed.

Fleetwood versus Fleetwood.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Richard Fleetwood, of Rossall, in the County of Lancaster, Esquire, and Anne his Wife, from a Decree in the High Court of Chancery made the Four and Twentieth Day of November, One Thousand Six Hundred and Ninety, wherein the Petitioners were Plaintiffs, and Richard Fletewood Gentleman, Nephew to the Petitioner, and Christopher Greenfeild Esquire, Counsellor at Law, were Defendants; as also upon the Answer of Richard Fletewood Gentleman, Respondent, put in thereunto:

After due Consideration of what was offered by Counsel on either Side upon the said Petition and Answer, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Richard Fletewood, of Rossall, and Anne his Wife, shall be, and is hereby, dismissed this House; and that the Decree from which they appealed to this House shall be, and is hereby, affirmed: And it is further ORDERED, That the said Richard Fletewood and Anne his Wife shall pay, or cause to be paid, unto the Respondent Richard Fletewood, the Sum of Forty Pounds, for his Costs in defending the said Appeal in this House.

E. of Stamford versus E. of Suffolk.

The Lord Bishop of Salisbury reported from the Lords Committees for Privileges, "That their Lordships have considered the Petition of Thomas Earl of Stamford (referred to their Lordships), and have heard his Lordship's and the Earl of Suffolke's Counsel upon the same; and the Committee are of Opinion, that the Countess of Suffolke is only a Trustee as to the Personal Estate, and consequently in that hath no Privilege."

To which the House agreed.

D. of Norfolk's Petition.

The Lord Bishop of Salisbury reported from the Lords Committees for Privileges, "That their Lordships have heard Counsel for his Grace the Duke of Norfolke, and afterwards heard the Barons of Their Majesties Court of Exchequer; and finding some Doubts concerning the Way of bringing that Matter before the House, have ordered him to acquaint the House therewith."

The Duke of Norfolke, being present, desired he might have Leave to produce some Precedents before the Committee for Privileges, at their next Sitting.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That his Grace the Duke of Norfolke hath hereby Leave given him to produce to the Lords Committees for Privileges what Precedents he shall think fit, in this Case, on Monday next, at Four of the Clock in the Afternoon, in the House of Peers.

L. Delawar, concerning Leave to apply to the H. C.

The Lord Bishop of Salisbury reported from the Lords Committees for Privileges, " (fn. 1) [That their Lordships] (to whom it was referred to consider whether the Lord De la Ware shall have Leave to make his Application to the House of Commons) are of Opinion, that his Lordship shall have Liberty to make his Application to the House of Commons in his own Concerns."

The Order made the Thirteenth Day of August, One Thousand Six Hundred Eighty-nine, was read.

And, after Debate, this Question was proposed, "Whether this present Debate shall be adjourned?"

Then the Question was put, "Whether this Question shall be now put?"

It was Resolved in the Negative.

Prize Bay Salt for the Navy, Bill.

Whereas this Day was appointed to hear the Commissioners of Their Majesties Customs and the Commissioners of the Victualling Office (and the Portugall or East India Merchants if they please) to the Bill, intituled, "An Act for preserving Two Ships Lading of Bay Salt, for the Benefit of Their Majesties Navy:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That they shall be heard on Monday next, at Eleven of the Clock in the Forenoon.

Commissioners Accompts, Observations delivered.

The House being informed, "That the Clerk of the Commissioners for Public Accompts was at the Door with the Observations of the Commissioners of Accompts;" he was called in, and delivered the said Observations.

Chancery, &c. Bills of Review, Bill.

The Lord Cornwallis reported the Amendments made to the Bill, intituled, "An Act for the better determining of Causes upon Bills of Review in Chancery, and other Courts of Equity."

The Amendments were read Twice, and agreed to; and the Bill ordered to be engrossed, with the Amendments.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 14^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.