House of Lords Journal Volume 12: 27 October 1670

DIE Jovis, 27 die Octobris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

PRAYERS.

Fry versus Porter.

Upon reading the humble Petition of Anne Fry Widow, and Mountjoy Fry her Son, complaining of a Dismission of their Bill in Chancery, upon a Re-hearing of a Cause in that Court between them and George Porter an Insant, by his Guardian, and George Porter Esquire and Francis Lund, concerning a Messuage called Newport House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said George Porter Esquire and Francis Lund shall put in their Answer in Writing to the Complaint in the said Petition, on Monday the 31th Day of October Instant, at Ten of the Clock in the Forenoon.

Ld. Fitzwalter's Claim of Precedency.

ORDERED, That the Cause of the Lord Fitzwalter, upon the Claim of his Precedency to all Barons now sitting as Barons, shall be heard, by Counsel, at the Bar of this House, on Friday the 4th Day of November next, at Ten of the Clock in the Forenoon; at which Time all such Lords as shall oppose his said Claim may be heard also.

D. of Richmond, Privilege versus E. of Newburgh, for disturbing his Possession of Sutton Marsh.

Upon reading the humble Petition of Charles Duke of Richmond and Lenos, a Peer of this Realm; shewing, That he was late in the Possession of certain Derelict Lands, called Sutton Marsh, in the County of Lyncolne, by Robert Reekes, late deceased, and Rosamond Reekes his Widow, John Reekes his Son, Peter Peters, Joseph Peters the Younger, Thomas Hasle, Erasmus Peters, Peter Peters of Stamford, Nathaniell Gregg, Thomas Barrow, John Smith, James Harryman, Lodowick Bartindale, and Thomas Cressy, his Tenants, who, during this Session of Parliament, by Combination with James Earl of Newburgh in Scotland, have outed the said Duke of Richmond from the Possession of the Premises, and attourned Tenants to the said Earl of Newburgh, to the great Damage of the said Duke of Richmond, and Violation of the Privilege of Parliament;" and upon Oath made at the Bar of this House, by Martin Foster Esquire, Nathan Tilson Gentleman, and John Winter, for making out the Matters complained of in the said Petition, against William Delamore, John Reekes, and Lodovick Bartindale:

Delamore, Reekes, & al. sent for.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Delamore, John Reekes, and Lodowick Bartindale, be, and they and every of them are hereby, required personally to appear at the Bar of this House, on Thursday the Tenth Day of November next, at Ten of the Clock in the Forenoon, to answer to the Complaint of the said Petition: And it is further ORDERED, That in case of the Absence of any of the Persons last abovenamed from their usual Place of Abode at the Time of the serving of this Order, the leaving a Copy thereof at the said Dwelling of any of the Persons then absent shall be a sufficient Notice for their Appearance to be made at the Time aforesaid, as they and every of them will answer the contrary to this House at their Perils.

E. of Dorset's Privilege, Check and Wallis sent for.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Thomas Cheeke Esquire, and Richard Wallis, a Hackney Coachman, complained of in April last, for breaking the Earl of Dorsett's Coach-wheel, in his Lordship's coming to Parliament, and beating the Knight Marshal's Men in the Execution of their Office, be, and are hereby, required to appear at the Bar of this House, on Monday the 31th Day of October Instant, at Ten of the Clock in the Forenoon, in Pursuance of a former Order of this House.

ORDERED, That the Lord Awdley and the Lord Widdrington be added to the Committee concerning Bills of Midd. Latitats, and Ac etiams.

Barker & al. versus Gerrard.

Upon hearing the Cause this Day at the Bar of this House, upon the Petition and Appeal of William Barker Esquire and Thomas Pearle, from a Decree made in the Court of Chancery, to which Sir Francis Gerrard (Executor to Sir Gilbert Gerrard (lately deceased), who was Executor to the Lady Moulson deceased) is in this House made Defendant; and also upon the Answer of the said Sir Francis Gerrard, and the Depositions on both Parts taken in the Court of Chancery, upon which the Decree complained of was grounded:

After due Consideration had of what was offered by the Counsel on either Part, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of William Barker and Thomas Pearle aforesaid be, and is hereby, dismissed this House.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 31^um diem instantis Octobris, hora decima Aurora, Dominis sic decernentibus.