House of Lords Journal Volume 14: 19 June 1685

DIE Veneris, 19 die Junii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Powis's Bill.

The Earl of Alesbury reported, "That the Committee have considered the Bill for rebuilding the House of the Earl of Powis; and doth think it fit to pass, with a few Amendments."

Which Amendments, being read Twice, were Agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Post-office and Excise Bill.

Hodie 3^a vice lecta est Billa, "An Act for consolidating the Estates Taille, and Reversion in Fee, which His Majesty hath in the Post-office, and Twenty Four Thousand Pounds per Annum of the Hereditary Excise."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir John Francklyn:

To deliver them the Bill for consolidating the Estates Taille, and Reversion in Fee, which His Majesty hath in the Post-office, and Twenty Four Thousand Pounds per Annum of the Hereditary Excise.

Writs of Error brought in.

This Day the Lord Chief Justice brought in Two Writs of Error, to reverse Judgements given in the King's Bench; videlicet,

1. George Caton and others Plaintiffs, and John Lane Defendant.

2. Buckeridge Plaintiff, and Dominus Rex Defendant.

E. of Anglesey versus Philpot, for Scandal.

Upon reading the Petition of the Right Honourable Arthur Earl of Anglesey; complaining of a Breach of his Privilege, and of the Privilege of this House, by Anthony Phillpot, who hath vilified him in a scandalous Manner:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Anthony Philpot be, and is hereby, required to appear at the Bar of this House, to answer for his said Offence, To-morrow, at Ten of the Clock in the Forenoon; and hereof he may not fail, as the contrary will be answered at his Peril.

E. of Powis' Bill.

Hodie 3^a vice lecta est Billa, "An Act for rebuilding the House of the Earl of Powis, in Lyncoln's Inne Feilds, lately demolished by Fire."

The Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir John Franklyn and Sir Adam Oateley:

To deliver the Bill for rebuilding the House of the Earl of Powis, in Lyncoln's Inn Feilds, lately demolished by Fire; and to desire their Concurrence thereunto.

Howard versus D. of Norfolk & al.

Upon hearing Counsel Two several Days upon the Petition of Appeal of Charles Howard Esquire; shewing, "That his Father intended a Provision for his Younger Children, by Deed made by Advice of eminent Counsel, and did settle the Barony of Graystock and other Lands of the Value of Five Hundred Pounds per Annum in Trustees, in order thereunto; and that, after a long Suit in Chancery, wherein the Petitioner was Plaintiff, against his Grace the late Duke of Norff. the Marquis of Dorchester, Henry Lord Mowbray, and Richard Mariott Esquire, Defendants; the Cause coming to be heard before the Lord Chancellor Nottingham, on the 17th of June, in the 34 Year of His late Majesty's Reign of Glorious Memory; who, after several Days Hearing, did declare his Opinion to be, That the Petitioner had a good Title to the Barony of Graystock and other the Lands in Question; and decreed the Defendants to account to him for the Profits thereof by them received after the Death of Thomas late Duke of Nor- folk; which Decree was signed and enrolled, and the Petitioner actually vested in the Possession of the said Manor and Premises: And further sheweth, That the Defendants the late Duke of Norff. the Lord Mowbray now Duke of Norff. and Richard Marriott, exhibited a Bill of Review into the High Court of Chancery, for reversing the said Decree; to which the Petitioner put in a Plea and Demurrer; which being argued, on the 15th of May in the 35th Year of the Reign of our late King Charles the Second, before the Right Honourable the Lord Keeper of the Great Seal of England, who, after hearing Counsel on both Sides, over-ruled the said Plea and Demurrer, and reversed the Decree aforesaid; and ordered a Writ or Writs of Restitution to be directed to the Sheriffs of Cumberland and Westm'land, to put the Plaintiffs in the Bill of Review in Possession; which accordingly was done, as in the Petition is (amongst other Things) suggested; and praying a Reversal of the last Decree;" as also upon the Answer of the Right Noble Henry Duke of Norff. Earl Marshal of England, and Richard Marriott Esquire, put in thereunto; and after due Consideration had of what was offered at the Bar, by Counsel on either Part thereupon:

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree, made in the High Court of Chancery on the 15th of May in the 35 Year of the Reign of the late King Charles the Second of Glorious Memory, in Behalf of the late Duke of Norff. and the now Duke of Norff. and Richard Marriott Esquire, be, and is hereby, reversed; and that the Decree made in the said Court of Chancery on the 17th of June, in the 34 Year of His late Majesty's Reign, in Behalf of Charles Howard Esquire, the now Petitioner, be, and is hereby, affirmed.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 20^um diem instantis Junii, hora nona Aurora, Dominis sic decernentibus.

Hitherto examined, this 26th of June, 1685, by us,

J. Bridgewater.
Craven.
N. Dunelm.
Tho. Lincolne.
Tho. Exon.