House of Lords Journal Volume 15: 19 November 1692

DIE Sabbati, 19 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Davye & al. versus Courtney & al.

Upon reading the Petition and Appeal of Dorothy Davy Widow, and John Nichols the Elder, and John Nichols the Younger, Esquires, against a Decree and Orders obtained in Chancery, the Seventeenth Day of June in the Six and Thirtieth Year of King Charles the Second, and the Eight and Twentieth Day of November in the First Year of the Reign of King William and Queen Mary, on the Behalf of Sir William Courtney Baronet, James Lacy and Richard Osborne Esquires; and praying "that the said Decree and subsequent Orders may be discharged, or that they may be at Liberty to try the Validity of the said Will:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir William Courtney, James Lacy, and Richard Osborne, may have a Copy of the said Petition; and be, and they are hereby, required to put in their Answer or respective Answers thereunto, in Writing, on Saturday the Third Day of December next, at Ten of the Clock in the Forenoon.

Beaw versus Jones.

Upon reading the Petition of William Beaw, praying Abatement of Costs given against him in this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, rejected.

Sedgwick versus Hitchcock.

The House being this Day moved, on the Behalf of Obadiah Sedgwick, "That Joseph Sedgwick, a material Witness for him, being now on Ship-board at the Isle of Wight, intending for Jamaica, may be examined upon Interrogatories, that his Depositions may be made Use of at the Trial of his Cause upon the Issues appointed by this House, in the King's Bench, between him and George Hitchcock and others; and that the Respondents have Notice of the Time of his Examination, in order to cross-examine him if they think fit:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Commissioners of the Great Seal of England do forthwith issue out a Commission for the examining the said Joseph S edgwick, as desired, in order to have his Testimony made Use of at the Trial appointed in the King's Bench.

Hungerford versus Pollard.

The Lord Bishop of Salisbury reported from the Lords Committees for Petitions, "That their Lordships have read and considered the Petitions of Jane Hungerford and Thomas Pollard, and heard Counsel on both Sides thereupon; and are of Opinion, that a new Trial should be had in this Case."

To which the House agreed.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That a new Trial shall be had between the said Parties accordingly at the King's Bench, by a Midd'x Jury, by Nisi prius.

Dussield versus Smith.

Upon reading the Petition of Francis Duffeild Esquire, praying longer Time for answering to the Petition of Robert Smith and Mary his Wife, and Sarah Duffeild:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Francis Duffeild hath hereby Time given him for answering to the said Petition, until Saturday the Six and Twentieth Day of this Instant November, at Ten of the Clock in the Forenoon.

Gay versus Beaple.

Upon hearing Counsel this Day, at the Bar, upon the Petition of Martha Gay; praying, amongst other Things, "That she may have the Benefit of her Verdicts and Judgements at Law;" as also Counsel for Thomas Beaple:

After due Consideration had of what was offered by Counsel on either Side, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner Martha Gay shall have the Benefit of her Verdicts and Judgements at Law, as desired in her Petition.

Complaint against Commissioners of the Great Seal, for attaching Gay's Solicitor, who presented her Petition to this House.

Upon hearing Counsel this Day, at the Bar, upon the Petition of Martha Gay; complaining (amongst other Things), "That Edward Ford, her Solicitor in Chancery, was in April last sent to The Fleete, by the Lords Commissioners of the Great Seal of England, and suspended his Practice, by reason of her Petition by him presented to this House:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Complaints shall be, and are hereby, referred to the Lords Committees for Privileges; who have Power to send for the Lord Commissioner Rawlinson to attend them in this Matter, and report to the House.

Better reviewing Causes in Chancery, &c. Bill for.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better reviewing of Causes in Chancery and other Courts of Equity."

ORDERED, by the Lords Spiritual and Temporal in Parliant assembled, That this Bill shall be read the Second Time on Wednesday next, in a full House, after Twelve of the Clock; and all the Lords to be summoned then to attend.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 21^um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.