House of Lords Journal Volume 14: 6 November 1691

DIE Veneris, 6 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Fitzwalter takes his Seat, and the Oaths.

This Day Charles Lord Fitz-Walter sat first in Parliament, upon the Death of Benjamine Lord Fitz-Walter his Father; and took the Oaths, and made and subscribed the Declaration, pursuant to the Statute.

Bp. of Hereford takes the Oaths.

Then Gilbert Lord Bishop of Hereford took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes.

Thanks to Arch. of York.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House shall be, and is hereby, given to his Grace the Lord Archbishop of Yorke, for his Sermon preached Yesterday before this House in the Abbey Church at Westm; and he is hereby desired to print and publish the same.

Bp. of Ely to preach on Thanksgiving Day.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Bishop of Ely is hereby desired to preach before this House, in the Abbey Church at Westminster, on Thursday the Six and Twentieth Day of this Instant November, being the Day of Thanksgiving to Almighty God, for the Preservation of Their Majesties, the Success of Their Forces in the reducing of Ireland, and for His Majesty's safe Return.

Trials for regulating, Bill.

Hodie 1^a vice lecta est Billa, "An Act for regulating the Trial of all the Peers and Peeresses and Commoners of this Realm."

Clandestine Marriages Bill.

The House was adjourned during Pleasure, and put into a Committee, upon the Bill, intituled, "An Act disabling Minors to marry without the Consent of their Fathers or Guardians, and against their untimely marrying after the Decease of their Fathers, and for preventing all clandestine Marriages for the future."

The House was resumed.

And the Lord Bishop of Sarum reported, "That the Committee had made some Progress in the Bill, and desire another Day may be appointed to proceed thereon; and that some of the Judges do attend."

It is ORDERED, That this House shall be put into a Committee again, to proceed thereon, on Monday next, at Ten of the Clock in the Forenoon.

Judges to attend.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That some of the Judges do attend this House on Monday next, at Ten of the Clock in the Forenoon.

Ewelme Hospital versus Borough of Andover.

Upon reading the Petition and Appeal of the Schoolmaster and Thirteen Poor Men of Ewelme Hospitall, in Comitat. Oxon. William Drake Esquire and Constance his Wife, and William Goddard, of Woodhay, in the County of South'ton, from an Order or Decree made the Two and Twentieth Day of September last, on the Behalf of the Bailiff of the Town and Borough of Andov', the approved or honest Men and Burgesses of the said Town, James Grove, William Gammon, William Barwick, William Cooper, Thomas Westcombe, William Dowling, Edward Noyes, and Robert Noyes, Members of the Corporation of Andover; and praying, "That the said Order may be set aside, and the Decree so expounded and enforced, that the Petitioners may have the Benefit of Piccage and Stallage, and of their Pens and Hurdles to be placed on their Lands, as formerly, and the Defendants to be enjoined from removing or appointing the Fair to be set from off the ancient Places as it was before their new Charter:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Defendants, the Bailiff of the Town and Borough of Andover, and Burgesses of the said Town abovementioned, may have a Copy of the said Petition and Appeal; and be, and they are hereby, required to put in their Answer or respective Answers thereunto, in Writing, on Monday the Sixteenth Day of this Instant November, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause Notice to be given to the Defendants, to the End they answer accordingly.

Champante versus Dashwood.

Upon reading the Petition of Sir John Champante; praying a Day may be appointed for hearing the Cause depending in this House, wherein Sir Robert Dashwood and others are Plaintiffs, and he Defendant; as also the Petition of the said Sir Robert Dashwood and others, also praying a Day of Hearing:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Friday the Fifteenth Day of this Instant November, at Ten of the Clock in the Forenoon.

Stephens versus Woollafton.

Upon reading the Petition and Appeal of Richard Stephens Knight, One of the Justices of Their Majesties Court of King's Bench in Ireland, from a Decree lately made by the Lords Commissioners of the Great Seal of England, in Trinity Terme 1690, on the Behalf of Richard Wollaston Complainant, and the Petitioner Appellant Defendant, et è contra; and praying the Reversal of the said Decree; and that John Woolaston, Son and Executor of the said Richard Woolaston deceased, may answer to the Petition, and the Petitioner relieved:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Woollaston may have a Copy of the said Appeal; and be, and is hereby, required to put in his Answer thereunto, in Writing, on Monday the Sixteenth 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.

Griffin versus Lyngard.

Upon reading the Petition and Appeal of Edmund Griffin Esquire, Appellant, against John Lyngard, of London, Vintner, Respondent, from a Decree and Order made in the Court of Chancery, the Fourteenth Day of November 1690, and the Fifteenth Day of December following; and praying the said Decree and Order may be considered, and the Petitioner relieved:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Lyngard may have a Copy of the said Petition and Appeal; and be, and is hereby, required to put in his Answer 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 Defendant, to the End he answer accordingly.

Whitaker versus Pawlin & al.

Upon reading the Petition of Edward Whitaker Gentleman; praying, "That a Day may be appointed for hearing his Cause, to which William Pawlin and others are Defendants; and that Mr. Carter, the Defendant Pawlin's Clerk in the Court of Chancery, may attend at the Hearing, with the Docket for the enrolling the Decree between the said Mr. Pawlin and John Loggin, in the Year One Thousand Six Hundred Eighty-five:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Wednesday the Eleventh Day of this Instant November, at Ten of the Clock in the Forenoon; and that the said Mr. Carter the Clerk in Chancery do then attend, with the Docket for the enrolling the Decree between the said Pawlin and Loggin, in the Year 1685, as is desired; whereof the Petitioner is to cause Notice to be given to the Defendants, to the End they may attend with their Counsel accordingly.

Parker versus Thornbill & al.

Upon reading the Petition and Appeal of Philadelphia, George, Robert, Thomas, and William Parker, Children of Dame Sarah Parker, Daughter of George Chute the Elder Esquire, deceased, being Infants, by the said Dame Sarah Parker their Guardian, from a Decree made in the Court of Chancery, the Third Day of February last, on the Behalf of Jeremiah Thornhill, Edward Barradall, John Tilt, William Lambert, John Theobalts, Edmund Clarke, Richard Birth, Charles Watts, John Otway, Richard Gunton, John Handson, Thomas Vincent, Thomas Mathews, Charles Guilford, Lewis Buckley, Charles Thory, Timothy Hills, David Stell, Theophilus Deacon, Richard Browne, Thomas Feilder, Daniell Child, George Perkins the Elder, Joseph Moore, Jervase Horton, Tichcombe Widow, William Jeanes, Nicholas Tegg, Benjamine Steele, Alice Cooper, John Elliot, George Turner, Constable Widow, Lawrence Peacock, Mannell of Exchange Alley London, David Lewis, Bartholomew Wood, Edward Thurston, John Farman, Richard Shallcrosse, Glover Wallington, John Glassington, William Paicte, John Mugridge, William Bush, John Deighton, Nathaniell Moore, John Pelling, John Cooke, Jeremias Johnson, Edward Waters, Martyn Widow, John Whicking, and William Smallwood, Nicholas Hookes and Elizabeth his Wife, Gartrude Hookes, Jane Hookes, and Carolina Hookes, Daughters of the said Nicholas Hookes and Elizabeth his Wife, and Thomas Wymondsold, Complainants in the said Suit in Chancery, now Defendants; and praying, "That the Defendants abovesaid may answer thereunto; and that, in the mean Time, all Proceedings be stayed upon the said Decree:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Jeremiah Thornhill, and the other above named Defendants, may have a Copy of the said Petition and 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 Novemb. at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause Notice to be given to the Defendants, to the End they answer accordingly.

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, (videlicet,) septimum instantis Novembris, hora decima Aurora, Dominis sic decernentibus.