House of Lords Journal Volume 15: 17 February 1694

DIE Sabbati, 17 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Brent's Bill.

The Earl of Bridgewater reported from the Committee, the Bill, intituled, "An Act to enable Trustees to sell Part of the Estate of Nathaniel Brent Gentleman, deceased, to raise Money, for Payment of his Debts, and Maintenance for his Children who are Infants," as sit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Turner's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Trustees of Alice Turner and her Children to make Sale of certain Houses and Grounds, in or near Lincolne's Inne Feilds, in the County of Middl'x, during the Minority of the Younger Children."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Mr. Halford:

To carry down the said Bill, and desire their Concurrence thereunto.

Message from thence, with a Bill.

A Message was brought from the House of Commons, by Sir Eliab Hervey and others:

Who brought up a Bill, intituled, "An Act to vest the Estate of Mary, Elizabeth, Jane, Arabella, Lucy, and Anne Mildmay, in Trustees, to be sold, for Satisfaction of Mortgages and Debts thereupon, and preserving the Overplus for their Benefit;" to which they desire the Concurrence of this House.

Chaplin's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Sale of the Estate of Susan Chaplin, and Dorothy Chaplin her Daughter, for Payment of Debts, and making a Provision for the said Susan and Dorothy."

ORDERED, That the Consideration of the said Bill shall be committed to the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Tuesday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Mascall versus Boswell:

Recognizance to be estreated, if Costs are not paid.

Upon reading the Petition of John Mascall, Respondent to the Appeal lately depending in this House, in which John Baswell was Appellant; shewing, "That, upon hearing the Appeal the Twelfth of January last, he was awarded Forty Pounds Costs in defending the said Appeal in this House; and that the Petitioner hath several Times demanded the said Costs, and yet he refuses to pay the same:"

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Boswell shall pay, or cause to be paid, and he is hereby appointed to pay, unto the said John Mascall, the said Forty Pounds Costs, within Ten Days after the Date hereof; and if he shall fail therein, that then the Recognizance entered into the Seventh Day of December last, by the said John Boswell, to Their Majesties, in One Hundred Pounds, for Payment of such Costs as this House should appoint in case the Decree from which he appealed should be affirmed, shall be estreated into Their Majesties Court of Exchequer, in order to have the same speedily put in Process there.

Bridgeman versus Holt, and Dunkin versus Upton:

Whereas, by an Order of the Thirteenth of December One Thousand Six Hundred Sixty-one, entered on the Roll of Standing Orders of this House, by virtue of Their Majesties Writ of Error, a Record of the Court of King's Bench shall be brought into this House, and Errors not assigned thereupon within Eight Days after the bringing in thereof; that then the Clerk of the Parliaments shall record, that the Plaintiff shall lose his Writ, and the Defendant go without Day, and the Record be remitted:

Records remitted.

And whereas there are Two Writs of Error now in this House; one, wherein William Bridgeman is Plaintiff, and Rowland Holt and others are Defendants, which was brought in the Twenty-Fourth of November last; the other, wherein George Dunkin is Plaintiff, and George Upton Defendant, brought in the Second Day of January last, upon which several Writs no Proceedings have been had:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Writs of Error shall be remitted, pursuant to the abovesaid Order.

Trials for Treason for regulating Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act for regulating Trials, in Cases of Treason and Misprision of Treason," shall be read the First Time on Thursday the Two and Twentieth Day of this Instant February, at Eleven of the Clock; and that all the Lords be summoned then to attend.

Skinner versus Gwillim.

Upon reading the Petition and Appeal of John Skinner and Thomas White, from a Decree made in the Court of Chancery, the Nineteenth Day of May last, on the Behalf of Thomas Gwyllim Senior and Thomas Gwyillim Junior; and praying the Reversal of the said Decree:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Gwyllim Senior and Thomas Gwyllim Junior may have a Copy of the said Petition and Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing, on Tuesday the Seven and Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon.

Voting by Balloting.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Matter of the Motion (adjourned to this Day) concerning Voting by Balloting shall be adjourned to Monday the Six and Twentieth Day of this Instant February, at Eleven of the Clock in the Forenoon.

E. of Montagu & al. versus E. of Bath & al.:

After hearing Counsel several Days, at the Bar, upon the Petition and Appeal of Ralph Earl of Montagu, Elizabeth Dutchess of Albemarle his Wife, Christopher Monke and Henry Monke Esquires, by Mary Monk their Mother, next Friend, and Guardian, from a Decree of Dismission made and pronounced in the Court of Chancery, the Two and Twentieth Day of December last, in several Causes there depending, wherein the Petitioners were Plaintiffs, and John Earl of Bathe, Sir Bevill Granville Knight, Bernard Granville Esquire, Sir Thomas Clarges Knight, Sir Walter Clarges Baronet, Thomas Clarges his Son an Infant, Arthur Farewell, Monk Rawlinson, Esquires, Thomas Pride Esquire, and others, Defendants; as also upon the several Answers of John Earl of Bathe, Bernard Granville Esquire, Sir Bevill Granville, Sir Thomas Clarges, Knights, and Sir Walter Clarges Baronet, and Thomas Clarges his Son, Arthur Farewell Esquire, Monk Rawlinson Esquire, by Roger Moore Esquire, Serjeant at Law, his Guardian, put in thereunto; and upon full and due Consideration of what was offered by Counsel on either Side, and long Debate thereupon:

Judgement affirmed:

It is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Ralph Earl of Montagu, Elizabeth Dutchess of Albemarle his Wife, Christopher Monk, Henry Monk, and Mary Monk their Mother and next Friend, shall be, and is hereby, dismissed this House; and that the Decree of Dismission complained of in the said Petition and Appeal shall be, and it is hereby, affirmed: And it is further ORDERED, "That nothing in this Order and Judgement contained shall be anywife prejudicial to any Claim or Interest in Law or Equity which Thomas Pride Esquire hath, or pretendeth to have, of, in, or to, all or any Part of the Estate of the late Duke of Albemarle.

Protest against it.

"Dissentientibus,
Manchester.
Essex.
Thanet.
Hunsdon.
Oxford.
Nottingham.
Monmouth.
De Longueville.
Scarborough.
Maynard.
Godolphin."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, (videlicet,) 19^um diem instantis Februarii, hora undecima Aurora, Dominis sic decernentibus.