House of Lords Journal Volume 13: 22 November 1680

DIE Lunæ, 22 Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. President, Speaker.

This Day the Lord President supplied the Place of the Lord Chancellor.

Lords take the Oaths.

This Day George Duke of Bucks took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, in Pursuance of the Act for the more effectual preserving of the King's Person and Government, by disabling Papists from sitting in either House of Parliament.

This Day John Earl of Radnor Lord President of the Council took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration against Transubstantiation, in Pursuance of the Act in the 25th Year of His now Majesty's Reign, for the preventing the Dangers which may happen from Popish Recusants; his Witnesses being first sworn at the Bar, to prove the Truth of his Lordship's Certificate concerning his receiving the Sacrament of the LORD'S Supper.

Noy & al. versus Sir P. Fortescue & al.

Whereas there is a Petition and Appeal of Wm. Noy and others depending in this House, to which Sir Peter Fortescue and Dame Anne his Wife have put in their Answer; and whereas this House had appointed to hear Counsel at the Bar, on both Parts, upon the said Appeal and Answer, on Wednesday the 24th of this Instant November:

It being prayed this Day, by the Petition of the said Sir Peter Fortescue, "That in regard he hath not had timely Notice of the said Hearing, he being now in Cornwall, where all the Papers are which he should use at the said Hearing, as is suggested in the said Petition, he may have a further Day appointed for the Hearing thereof;" it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That if the said Sir Peter Fortescue doth forthwith pay Ten Pounds Costs to the Appellants, that then this House will hear Counsel at the Bar, on both Parts, upon the said Appeal and Answer, on Wednesday the 1st Day of December next; but if the said Sir Peter fail in the paying the said Costs, that then the said Cause shall stand to be heard on the said 24th Instant.

E. of Sussex takes the Oaths.

This Day Thomas Earl of Sussex took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration against Transubstantiation, in Pursuance of the Act in the 25th Year of His now Majesty's Reign, for the preventing the Dangers which may happen from Popish Recusants; his Witnesses being first sworn at the Bar, to prove the Truth of his Lordship's Certificate concerning his receiving the Sacrament of the LORD'S Supper.

L. Campden excused.

John Cale and Daniell Richardson testified upon their Oaths, at the Bar, "That the Lord Viscount Campden is so sick, that he is not able to travel to attend this House without Danger of his Life."

Whereupon his Absence is excused.

Receiving Appeals, Time limited.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all Persons who shall have any Petitions of Appeal from any Court of Equity to be exhibited to this House, do present the same before the Thirtieth Day of this Instant November; after which Time, their Lordships do declare, they will receive no such Petition of Appeal, unless upon a Decree had in any of the Courts of Equity during this Session; in which Case, the Party who shall find himself aggrieved, may bring his Petition of Appeal within Fourteen Days after such Decree is made: It is further ORDERED, That this Order be published in Print, and affixed to the Doors of this House, to the End all Persons concerned may take Notice thereof, and observe it accordingly.

Jenkins, Dep. Sheriff of Monmouth, released.

Upon reading the Petition of Francis Jenkins, Deputy Sheriff of the County of Monmouth, now Prisoner, as a Delinquent, in the Custody of the Gentleman Usher of the Black Rod, for not doing his Duty in securing some Papists at Monmouth Sessions; who humbly begged Pardon of this House for his said Offence, and received the Reprehension of the House upon his Knees:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Jenkins be, and is hereby, discharged from his present Restraint, paying his Fees; and this shall be a sufficient Warrant on that Behalf.

To Sir Edw. Carteret, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.

Sir E. Turner versus Ly. Turner.

Upon hearing Counsel at the Bar, upon the Petition and Appeal of Sir Edward Turner Knight, and Anne Gardner Widow, formerly the Wife of Wm. Mole Esquire, from a Decree made in the Court of Chancery, on the Behalf of Dame Mary Turner Widow, against the Petitioners, concerning the Delivery of Deeds of a certain Annuity or Rent Charge of £.300 per Annum to the said Dame Mary Turner, as in the said Petition is set forth; as also upon the Answer of the said Dame Mary Turner put in thereunto:

After due Consideration had of what was offered by the Counsel on either Part thereupon, and hearing the Opinion of most of the Judges, "That inasmuch as the Estate in Question was an Interest for Years; and if the said Dame Mary Turner had had the Estate in Law in the said £.300 per Annum, her Husband might have assigned the same; and there being no Agreement that he should not have a Power to dispose of the Trust thereof, the said Trust devolved upon him, and he had Power in Equity to assign the said Trust, and a Court of Equity ought to make it good, and the Deeds ought not to be taken away from the Assignee who is entitled to the Estate, by which he might defend his Right:"

It is thereupon ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree, from which the Petitioners Sir Edward Turner and Anne Gardner aforesaid have appealed, be, and is hereby, reversed.

Appeals to be heard in the Afternoons.

It being moved, "That the House sit in the Afternoons, to hear Private Causes:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all Persons who are concerned upon any Petitions of Appeal depending before their Lordships, wherein Counsel have been appointed to be heard, be, and are hereby, required to attend, with their Counsel, at Three of the Clock in the Afternoons on the same Days whereon they have been so appointed to be heard; and hereof all Parties concerned are to take Notice, and attend accordingly.

Sir J. Edwards versus Howard.

Upon reading the Petition of Sir John Edwards Knight, being an Appeal from a Decree made in the Court of Chancery, the Seventh of July 1679, in a Cause there depending between Mary Howard Widow, the Relict of Henry Howard late of Clun, in the County of Salop, Esquire, deceased, and shewing he hath no other Relief but before this House, and humbly praying, That the said Mary Howard may put in her Answer thereunto:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mary Howard be, and is hereby, required to put in her Answer to the said Appeal in Writing, on or before Monday next, being the 29th Day of this Instant November, at Ten of the Clock in the Forenoon; whereof the said Sir John Edwards is to cause timely Notice to be given to the said Mary Howard for that Purpose.

Ducket versus Mildmay.

Whereas there is a Petition and Appeal of Thomas Ducket depending in this House, to which William Mildmay, Mary Mildmay, Benjamin Whitlock, Thomas Kifford, John Fisher, and Samuell Brewster, have put in their Answer; and whereas this House had appointed to hear Counsel at the Bar, on both Parts, upon the said Appeal and Answer, To-morrow at Nine in the Morning:

It being prayed this Day, by the Petition of the said Thomas Ducket, "That he may have an Order to summon such Witnesses, to give in their Evidence in this Matter, as have been already examined in this Cause in Chancery; and that the several Letters writ by the Petitioner to the Lady Hungerford, and read in Chancery in this Cause by the said William Mildmay, and the other Respondents, may be produced;" it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all such Witnesses as have been examined viva Voce in this Cause in Chancery be, and are hereby, required to appear at the Bar of this House To-morrow at Three of the Clock in the Afternoon, to be examined to the same Points they were then examined, and to no other: And it is further ORDERED, That the said William Mildmay, and the abovenamed Respondents, do at the same Time produce all such Letters as have been writ by the said Thomas Ducket to the Lady Hungerford, which were read at the said Hearing in Chancery.

Protestant Dissenters.

ORDERED, That the Committee about Protestant Dissenters do meet To-morrow Morning, at Eight of the Clock.

ORDERED, That the Committee for inspecting the Statutes of Recusancy do meet To-morrow Morning, at Eight of the Clock.

Adjourn.

Dominus Præses Concilii declaravit præsens Parliamentum continuandum esse usque in diem Martis, 23^um diem instantis Novembris, hora nona Aurora, Dominis sic decernentibus.

Hitherto examined, this 29th of November, 1680, by us,

J. Bridgewater.
Clarendon.
P. Bath & Wells.
Wm. Peterborough.
Tho. Exon.