Journal of the House of Lords: Volume 15, 1691-1696. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 3 Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Sir J. Williams' Bill.
The Amendments made by the Commons to the Bill, (intituled, "An Act to enable Sir John Williams, of Langibby Castle, in the County of Monmouth, Baronet, to sell the Manors of Ewyas Lacy, Waterston, and Trescaillan, and other Lands, in the County of Hereford, and the Manor of Carwent and other Lands in the County of Monmouth, for Payment of Debts,") were read Twice, and agreed to; and ORDERED, That the Commons have Notice thereof.
Reviving, continuing, &c. Laws. Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for reviving, continuing, and explaining, several Laws therein mentioned, which are expired, and near expiring."
Sir Edw. Smith & al. versus Welch.
After hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Sir Edward Smith Baronet, Edward Smith Esquire, and others, from an Order made in the Court of Exchequer the Thirtieth Day of May last, and a Decree of the said Court the Six and Twentieth of January last, in a Cause wherein Jonathan Welch and Joseph Welch were Plaintiffs, and the Petitioners and others Defendants; as also upon the Answer of the said Jonathan Welch and Joseph Welch put in thereunto:
After due Consideration had of what was offered by Counsel thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Sir Edward Smith Baronet, Edward Smith Esquire, and others, shall be, and is hereby, dismissed this House; and that the Order and Decree therein complained of shall be, and they are hereby, affirmed.
Fitch versus Fitch & al.
Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Dame Anne Fitch, Widow and Administratrix of Sir Thomas Fitch Knight and Baronet, deceased, from several Orders of the Court of Chancery, made in a Cause wherein the said Dame Anne Fitch was Plaintiff, against John Fitch Esquire, Alice Fitch, John Saunders, Sir Comport Fitch Baronet, Thomas, Anne, Melior, and Christian Fitch, were Defendants; and another Cause, wherein the said John Fitch was Plaintiff, and the Petitioner and Sir Comport Fitch, Thomas, Anne, Melior, and Christian Fitch, were Defendants; praying, "That Part of an Order and Decree made in the said Court, whereby the First and Second Exceptions of the Lady Fitch to the Master's Report are over-ruled, may be reversed;" as also upon the Answers of Sir Comport Fitch Baronet, Thomas Fitch Gentleman, Anne, Melior, and Christian Fitch, Infants, by Lancelott Johnson Esquire, their Guardian, Respondents; and the Answer of John Fitch, John Saunders, and Alice Fitch, put in thereunto:
After due Consideration had of what was offered by Counsel thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Dame Anne Fitch, Widow and Administratrix of Sir Thomas Fitch deceased, shall be, and is hereby, dismissed this House; and that that Part of the Order and Decree therein complained of shall be, and is hereby, affirmed.
Message from H. C. to return the Mutiny and Game Bills, and that they agree to Amendments in them.
A Message was brought from the House of Commons, by the Lord Cornbury and others:
Who returned the Bill, intituled, "An Act for punishing Officers and Soldiers who shall mutiny, or desert Their Majesties Service, and for punishing false Musters, and for Payment of Quarters;" that they have agreed to the Lords Amendments made therein.
And also, "An Act for the more easy Discovery and Conviction of such as shall destroy the Game of this Kingdom;" that they have agreed to the Lords Amendments made therein.
Message from thence, for a Conference,
A Message was brought from the House of Commons, by Mr. Waller and others:
on the Bill to prevent malicious Informations, &c.; and to remind the Lords of the following Bills:
To desire a Conference with this House, upon the Subject-matter of the Amendment made by their Lordships to the 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."
And to put this House in Mind of" (fn. 1) " the engrossed Bill, intituled, "An Act for preventing Frauds by clandestine Mortgages."
Discovery of Judgements.
And also of the engrossed Bill, intituled, "An Act for the better Discovery of Judgements in the Courts of King's Bench, Common Pleas, and Exchequer."
The House agreed to a Conference.
Answer to H. C.
And the Commons, being called in again, were told, "That the Lords agree to a Conference, as desired; and appoint it to be at One of the Clock this Day, in the Painted Chamber."
Skipwith versus Wade.
The Lord Chief Justice Holt, in the usual Manner, brought in a Writ of Error, wherein
Thomas Shipwith is Plaintiff,
Charles Wade Defendant.
The Commons being come to the Conference, the last Managers Names were read; and the House was adjourned during Pleasure, and the Lords went to the Conference.
Which being ended, the House was resumed.
Report of the Conference, on the Bill to prevent malicious Informations in the King's Bench, and for more easy Reversal of Outlawries.
And the Lord Marquis of Halifax reported, "That they have received the Bill from the Commons; who agree with their Lordships in all the Bill, except the Clause added about the Quo minus; because, they say, the Matter of it is wholly foreign to the Bill, and may be more effectually provided for in a distinct Bill. And this Clause doth not sufficiently remedy the present Inconvenience, for, by inserting the Cause of Action in the Quo minus, the Defendant will be held to Special Bail, notwithstanding the real Debt or Damages do not amount to Twenty Pounds; which will be very grievous to the Subject living remote from London. And the Amendment to the Title hath only Relation to the Clause disagreed to by the Commons."
Agree with the Commons.
Then the House agreed to leave out the Clause, and agreed with the Commons therein; and ORDERED, That the Commons have Notice thereof.
L. Mohun's Trial in Print, to be expedited:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Edward Jones, the Printer who is to print the Trial of the Lord Mohun, do take Care to expedite the Printing thereof.
His Pet. concerning Percival's Appeal against him, for Murder of Mountford.
Upon Consideration of the Petition of Charles Lord Mohun this Day, and Debate thereupon;
The House came to the following Resolution:
"Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Mohun hath done respectfully to this House, in presenting his Petition relating to an Appeal brought against him by Susanna Percivall, concerning the Death of William Mountford, since his Acquittal by this House:
"But that, forasmuch as no Appeal is yet actually brought; for that Reason only, the Petition is ordered to be dismissed."
Upon reading the humble Petition of Henry Lord; shewing, "his Sorrow for his Offence committed against this House and Colonel Fitzgerald Yesterday; and praying to be discharged:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Lord shall be, and he is hereby, discharged from the Imprisonment he lies under in The Gatehouse at Westm'r; and this shall be a sufficient Warrant on that Behalf.
To the Keeper of the Prison of The Gatehouse in Westm'r, his Deputy and Deputies, and every of them.
Berry versus Yate.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein William Berry and others are Appellants, and Samuel Yate and others Respondents, Tomorrow, at Nine of the Clock in the Forenoon.
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, (videlicet,) quartum diem instantis Martii, hora nona Aurora, Dominis sic decernentibus.