House of Lords Journal Volume 14: 30 November 1691

DIE Lunæ, 30 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Pote versus Raw.

Upon reading the Petition and Appeal of Thomas Pote Gentleman, from a Decree made by the Lords Commissioners of the Great Seal of England, the Four and Twentieth Day of November, One Thousand Six Hundred Ninety-one, on the Behalf of Elizabeth Pote and John Raw; and praying the Reversal of the said Decree, and the Petitioner admitted to take out Execution at Law upon his Verdict:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Elizabeth Pote and John Raw may have a Copy of the said Petition and Appeal; and be, and are hereby, required to put in their Answer or respective Answers thereunto, on Monday the Fourteenth Day of December next, at Ten of the Clock in the Forenoon; whereof the Petitioner is to cause Notice to be given to the Defendants, to the End they answer accordingly.

Shephard versus Wilkins.

Upon reading the Petition and Appeal of Samuell Shepheard, complaining of a Decretal Order made in the Court of Chancery, on the Behalf of Michael Wilkins and others, whereby a new Trial should be had at the King's Bench Bar, next Term, in Midd'x, and a new Action to be brought in the Name of Wilkins on that single Point, "Whether the Freight was to be Three Pounds or Ten Pounds per Ton, and how much;" and praying the Reversal of the said Decretal Order:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Michael Wilkins and others may have a Copy of the said Petition; and be, and are hereby, required to put in their Answer or respective Answers thereunto, in Writing, on Monday the Fourteenth Day of December, 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.

Parker versus Thornhill.

After hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Dame Sarah Parker, and the Answer of Jeremiah Thornhill put in thereunto:

It is ORDERED, That the Judges shall be heard, to give their Opinions upon this Question, "Whether the Words of the Will make an Estate Tail?" on Wednesday next, at Ten of the Clock in the Forenoon.

Regulating Trials for Treason, Bill.

Whereas To-morrow was appointed for the House to be put into a Committee, to proceed on the Bill, intituled, "An Act for regulating of Trials in Cases of Treason," and all the Judges then to attend:

It is this Day ORDERED, That the House shall be put into a Committee, to proceed on the said Bill, and the Judges to attend, on Wednesday next, at Twelve of the Clock.

Dod versus Burrowes.

Whereas this Day was appointed for Anne Dod and others to answer to the Petition of Thomas Burrowes; the House being this Day moved, "That some Time longer may be allowed for answering thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Anne Dod and others have hereby Time given them for answering thereunto, until Saturday the Fifth Day of December next, at Ten of the Clock in the Forenoon.

Albyn versus Moyer.

The House being moved, "That a Day certain may be appointed for hearing the Cause, wherein Benjamine Albin is Plaintiff, and Sam'll Moyer Defendant:"

It is ORDERED, That the House will hear the said Cause, by Counsel on both Sides, at the Bar, on Monday the Fourteenth Day of December next, at Ten of the Clock in the Forenoon.

Browne versus Wayte.

Whereas, by virtue of Their Majesties Writ of Error returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this House on the Two and Twentieth Day of October last, with the Transcript thereof, wherein Judgement is entered for Edmond Wayte Defendant in that Suit, against Richard Browne the Plaintiff in that Suit; and the same Judgement is also therein mentioned to have been also affirmed in the Court of Exchequer, before the Justices of the Court of Common Pleas and the Barons of the Exchequer, upon a Writ of Error brought by the said Richard Browne, whereunto Ayliffe Wayte, Executor of the last Will and Testament of the said Edmond Wayte, had appeared, and pleaded in nullo est Errat.; upon both which, Errors were assigned by the said Richard Browne, and Issue joined thereupon by the said Ayliffe Wayte before the House of Peers in Parliament assembled, and Counsel heard on the Five and Twentieth Day of this Instant November, to argue the Errors assigned:

After due Consideration had of what was offered by the Counsel on either Side thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given for the said Edmond Wayte, against the said Richard Browne, in the said Court of King's Bench, and also the said Judgement and Affirmation in the Exchequer Chamber, shall be, and are hereby, affirmed; and that the Transcript of the said Record, wherein Judgement is entered as aforesaid, be remitted.

The Tenor of which Judgement, to be affixed to the Transcript of the said Judgement followeth:

"Et postea, scilicet, 22° Die Octobris, Anno Regni Domini Guliel. & Dominæ Mar. nunc Regis & Reginæ Angl. &c. Tertio, Transcript. Record. & Process. prædict. inter Partes præd. cum omnibus ea tangentibus, Prætextu cujusdam Brevis de Errore corrigend. per præfat. Ric'um Browne in Præmiss. prosecut. dict. Domino Regiæ & Dominæ Reginæ, in præsent. Parliamento a prædict. Curia dicti Domini Regis & Dominæ Reginæ, coram ipsis Rege & Regina, hic transmiss. suit; et prædict. Ric'us Browne, in eadem Cur. Parliament. comparens, diversas Caus. & Mater. pro Erroribus in Recordo et Process. prædict. pro Revocatione & Adnullatione Judicii prædict. nec non Affirmatione ejusdem Judicii in prædict. Cur. Camer. Scaccarii præd. assignat.; et postea, scilicet, Tricesimo Die Novembris, Anno Regni dict. Domini Regis & Dominæ Reginæ supradict. in prædict. Cur. Parliament. prædict. visis & per Cur. ibidem diligenter examinat. & plenius intellect. tam Record. & Process. prædict. ac Judic. super eisdem reddit. et Affirmatione ejusdem Judicii in prædict. Cur. Camer. Scaccarii prædict. quam prædict. Error. superius assignat. pro eo quod videtur Cur. Parliament. prædict. quod Record. ill. in nullo vitiosum aut defectivum existit, & quod in Record. ill. in nullo fuit Errat. ideo ad tunc & ibidem considerat. est per eandem Cur. Parliament. prædict. quod Judic. prædict. nec non Affirmatio ejusdem Judicii prædict. in prædict. Camer. Scaccarii in omnibus affirmentur, & in omni su. Robore stent et Effectu, dict. Caus. pro Error. assign. in aliquo non obstante."

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, (videlicet,) 1^um diem Decembris, hora decima Aurora, Dominis sic decernentibus.