House of Lords Journal Volume 15: 20 February 1695

DIE Mercurii, 20 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Howland's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Elizabeth Howland, the Widow of John Howland Esquire deceased, to settle Lands upon the Marriage of his sole Daughter and Heir; and for settling Lands upon the Widow Howland for her Life, in Lieu of Dower; and for indemnifying Sir Josias Child, and the said Widow Howland, Grandfather and Mother of the said Heir, in disposing of the Personal Estate belonging to her, upon her Preferment in Marriage, she being under the Age of One and Twenty Years."

Cosserat & al. Nat. Bill:

The House took into Consideration the Amendments made by the House of Commons to the Bill, intituled, "An Act for naturalizing of Bernard Cosserat, alias Ringli, and others."

Which being read Thrice, were agreed to.

Message to H. C. that the Lords agree to it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir Lacon William Child:

To let them know, the Lords have agreed to the Amendments made to the said Bill.

Earl of Salisbury's Bill.

The Earl of Rochester reported from the Committee, the Bill, intituled, "An Act to enable the Guardians of James Earl of Salisbury to make Leases of Salisbury House, and some other Hereditaments, in The Strand, in the County of Midd'x, for Improvement thereof, by Building," as fit to pass, without any Amendment.

ORDERED, That the said Bill be engrossed.

Brooke's Bill.

The Earl of Rochester reported from the Committee, the Bill, intituled, "An Act for vesting the Manor of Madeley, and other Lands, Tenements, and Hereditaments, in the County of Salop, the Estate of Bazill Brooke Esquire, in Trustees, for raising Monies for the Payment of Debts, and for securing his Wife's Jointure," as fit to pass, with some Amendments.

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

Earl of Rochester's Estate, Bill for dividing.

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and settling the Estate of the Coheirs of John late Earl of Rochester deceased, and for discharging the Trusts thereupon.

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 Sir Lacon Wm. Child:

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

Sir P. Whitchcot's Bill.

The Earl of Marleborough reported from the Committee, the Bill, intituled, "An Act for enabling Sir Paul Whichcot Knight and Baronet, and Dame Jane his Wife, to make Leases for Ninety-nine Years, of the Manor of Tooting Graveney, and any of their Messuages, Lands, and Hereditaments, in Tooting Graveney, Tooting Beake, and Stretham, in the County of Surrey, for the better Improvement thereof," as fit to pass, with some Amendments:

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

Sir R. Verney's Claim to the Title of L. Broke.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Committee appointed to sit To-morrow, to consider of what shall be reported to His Majesty, in relation to the Petition of Sir Richard Verney, who claimed the Title of Lord Broke, shall be put off; and meet on Wednesday the Seven and Twentieth Day of this Instant February, at Nine of the Clock in the Forenoon.

Baronies by Writ, Descents of.

The House being moved, "That a Day may be appointed to consider what hath been mentioned by some Lords this Day, in respect to Descents of Baronies by Writ:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Tuesday the Six and Twentieth Day of this Instant February shall be, and is hereby, appointed for that Purpose.

Trials for Treason, Bill.

The House took into Consideration the Reasons delivered by the House of Commons, at the Conference the Sixteenth Instant, for their Disagreement to some of the Lords Amendments to the Bill, intituled, "An Act for regulating of Trials, in Cases of High Treason and Misprision of Treason."

The First Amendment disagreed to by the Commons, Skin 1, 16 Line, for ["Five"] read ["Eight"], was read.

And, after Debate, the House agreed to postpone it.

The Second Amendment disagreed to by the Commons was read, and postponed.

The Third Amendment disagreed to by the Commons, for adding the Clause concerning the Trials of Peers, was read, and also the Commons Reason for disagreeing to it.

And it was unanimously agreed, to insist upon this Clause.

Then the First postponed Amendment, for ["Five"], read ["Eight"], was read.

And, after Debate, this Question was put,

"Whether this House shall insist upon this Amendment?"

It was Resolved in the Negative.

Then the Second postponed Amendment made by the Lords, 2d Skin, Line 22, was read, and also the Commons Reason against it.

And, after Debate,

This Question was put, "Whether this House shall insist upon this Amendment?"

It was Resolved in the Affirmative.

Committee to prepare Reasons for insisting on some of the Amendments to it.

Lords Committees appointed to draw Reasons, to be offered at a Conference with the House of Commons, for the Lords insisting on some of their Amendments to the Bill, intituled, "An Act for regulating of Trials, in Cases of High Treason and Misprision of Treason:"

Their Lordships, or any Five of them; to meet on Friday 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.

Baden versus Regem, in Error:

After hearing Counsel, to argue the Errors upon a Writ of Error, brought into this House the Four and Twentieth Day of January One Thousand Six Hundred Ninety-four, from the Court of Exchequer, wherein Judgement is entered for Their Majesties, on the Behalf of David Allen, against Robert Baden:

Judgement affirmed.

Upon due Consideration of what was offered thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement, and the Affirmation thereof in the Exchequer Chamber, shall be, and they are hereby, affirmed; and that the Record be remitted: And it is further ORDERED, That the said Robert Baden shall pay, or cause to be paid, unto the said David Allen, the Sum of Twenty Pounds, for his Costs.

The Tenor of which Judgement, to be affixed to the Record, to be remitted, followeth; (videlicet,)

"Et quia Cur. dicti Domini Regis coram ipso Rege in præsenti Parliamento præd. apud. Westm. deliberare vult in Præmissis, antequam ulterius &c. dat. est Dies tam præsat. Rob'to Baden, quam præd. Attorn. dicti Domini Regis nunc, usque Diem Mercurii, Vicesimum Diem Februarii, eodem Statu qno nunc, in Parliament. præd.; ad quem Diem in præd. Cur. dicti Domini Regis coram ipso Rege in Parliament. præd. ven. præd. Ed'r'us Ward & Rob'tus Baden in propr. Person. suis; super quo, vis. et per Cur. ibidem diligenter examinatis et plenius intellectis tam Record. & Process. præd. et Judic. superinde reddit. quam præd. Caus. pro Error. superius assign. et allegat. pro eo quod videtur Cur. dicti Domini Regis, coram ipso Rege in Parliament. suo præd. quod in Record. et Process. præd. vel in Redditione Judicii præd. in nullo est Erratum; ideo cons. est, quod Judicium præd. et Affirmatio ejusdem in omnibus affirmentur, et in omni suo Robore stent et Effectu; dict. Caus. et Mater. perius pro Error. assign. in aliquo non obstant. Et ulterius considerat. est, quod Record. et Process. præd. dict. Cur. dicti Domini Regis de Scaccario coram Baron. ejusdem Scaccarii apud Westm. præd. remittantur."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, (videlicet,) vicesimum primum diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.