Journal of the House of Lords: Volume 15, 1691-1696. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Jovis, 5 Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Davy & al. versus Courtney.
Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Dorothy Davy Widow, and John Nicholls the Elder, and John Nicholls 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 Esquire; as also upon the several Answers of Sir William Courtney, Richard Osborne, and Dame Anne Smyth Widow, put in thereunto:
After due Consideration had of what was offered by Counsel thereupon, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Appellants shall be at Liberty to try the Will of Sir James Smyth upon a feigned Issue; and the Issue to be, Devisavit, vel non devisavit; and that the Mortgages shall not hinder that Trial, nor be given in Evidence against the Heirs at Law; and the Heirs at Law to try it in what Court they please before the End of the next Easter Terme; and, after Trial, both Parties may resort back again to the Court of Chancery.
Messages from H. C. with Bills.
A Message from the House of Commons, by Mr. Waller and others:
Who brought up a Bill, intituled, "An Act to prevent malicious Informations in the Court of King's Bench, and for the more easy Reversal of Outlawries in the same Court."
A Message was sent from the House of Commons, by Mr. Neale and others:
Who brought up a Bill, intituled, "An Act for the more speedy and effectual Execution of the Trust created by the Will of Sir Anthony Browne Baronet, deceased, and of a Decree in Chancery thereupon;" to which the Concurrence of this House is desired.
Hodie 1a vice lecta est Billa, intituled, "An Act for the more speedy and effectual Execution of the Trust created by the Will of Sir " (fn. 1) " Anthony Browne Baronet, deceased, and of a Decree in Chancery thereupon."
Sir R. Smith's Bill.
The Earl of Manchester reported the Bill, intituled, "An Act for the Sale of Lands by Sir Robert Symth; and settling other Lands, of a greater Value, to the same Uses in Lieu thereof;" as fit to pass, without any Amendment.
It is ORDERED, That the said Bill shall be engrossed.
Indemnity Bill, for those who acted in Their Majesties Service.
The House was adjourned during Pleasure, and put into a Committee, upon the Bill, intituled, "An Act for preventing Suits against such as acted for Their Majesties Service, in Defence of the Kingdom."
The House was resumed.
And the Lord Cornwallis reported the Bill, with the Amendments and Provisos agreed to by the Committee.
Then the Clauses agreed to by the Committee were read; and the Bill ordered to be engrossed, with the said Clauses.
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, (videlicet,) septimum diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.