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 Mercurii, 24 Februarii.
Message from H. C. to return the Judges Commissions and Salaries Bill.
Ly. Gerard versus L. Gerard.
Upon reading the Petition of Elizabeth Gerard, Baroness Dowager of Gerards Bromley; shewing, "That, Charles Lord Gerard of Gerards Bromley being seised of the Estate of Digby Lord Gerard, her late Husband, deceased, the hath brought an Action at Law for Recovery of Part of her Dower of the said Estate; but the said Lord Gerard, not having taken the Oaths prescribed, insists upon his Privilege as a Peer or Member of the House of Peers; and praying the Judgement of the House, whether he ought to have his Privilege allowed:"
Upon Consideration had thereof, and upon reading and considering the Answer of the said Lord Gerard put in to the said Petition; it is ORDERED and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That Privilege of Parliament shall not extend to Lords that have not first qualified themselves to sit in Parliament, by taking the Oaths and Test, pursuant to the Statutes.
Roffey versus Hunt, in Error.
Whereas, by virtue of Their Majesties Writ of Error returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this House on the Fifth Day of February, last past, with the Transcript thereof, wherein Judgement is entered for Elizabeth Hunt, against John Roffey and John Hodge; upon which Errors were assigned and Issue joined, and this Day Counsel heard at the Bar, to argue the Errors thereupon:
It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given for the said Elizabeth Hunt, against the said John Roffey and John Hodge, shall be, and is hereby, affirmed: And it is further ORDERED, That the said John Roffey and John Hodge shall pay, or cause to be paid, unto the said Elizabeth Hunt, the Sum of Ten Pounds, for her Costs sustained in defending the said Writ of Error in this House; and that the Transcript of the said Record, wherein Judgement is entered as aforesaid, be remitted.
"Postea, scilicet, Quinto Die Februarii, Anno Regni Regis et Reginæ Gul. et Mar. nunc Angl. &c. Tertio, Transcript. Record. et Process. prædict. cum omnibus ea tangen. Prætextu cujusdam Brevis Domini Regis et Dominæ Reginæ de Errore corrigend. per præfat. Joh'em Roffey et Joh'em Hodge in Præmiss. prosecut. dict. Domino Regi et Reginæ in præsenti Parliamento apud Westm. a prædicta Curia dictor. Domini Regis et Dominæ Reginæ hic transmissum suit; prædictique Joh'es Roffey et Joh'es Hodge, in eadem Curia Parliamenti comparentes, diversas Materias pro Error. in Record. et Process. prædict. pro Revocatione et Adnullatione Judicii præd. habend. assing.; ad qu. præd. Elizabeth Hunt, in eadem Curia Parliamenti comparens, placitavit, quod nec in Record. et Process. prædict. nec in Redditione Judicii prædict. nec in prædict. Affirmatione Judicii prædict. in ullo est Errat. Et postea, scilicet, Vicesimo Quarto Die Januarii, Anno Tertio supradict. visis et per Curiam Parliamenti prædict. diligenter examinat. et plenius intellect. tam Record. et Process. præd. quam Judic. superinde reddit. ac præd. Caus. et Mater. per prædict. Joh'em Roffey et Joh'em Hodge superius pro Errore assign. considerat. est per Curiam Parliamenti præd. quod Judic. prædict. in omnibus affirmetur, et in omni suo Robore stet et Effectu; dictis Causis et Mater. superius pro Errore assign. in aliquo non obstan. Et ulterius per eandem Cur. Parliamenti præd. considerat. est, quod præd. Elizabeth Hunt recuperet versus præsat. Joh'em Roffey et Joh'em Hodge Decem Libr. eidem Elizabeth Hunt ad Requisitionem suam pro Misis et Custag. su. quæ sustinuit occasione Dilationis Judicii præd. Prætextu (fn. 1) Prosecutionis prædict. Brevis de Errore secundum Form. Statut. adjudicat. Ac superinde Record. et Process. prædict. Cur. dictor. Domini Regis et Dominæ Reginæ per Cur. Parliamenti prædict. coram ipsis Rege et Regina ubicunque, &c. remitt. et in eadem Cur. dictor. Domini Regis et Dominæ Reginæ coram ipsis Rege et Regina jam residen. &c."
Marq. Halifax Speaker pro Tempore.
Tooke versus L. Chief Baron Atkins.
"After hearing Counsel upon the Petition and Appeal of Thomas Tooke Esquire, against Sir Robert Atkins Knight of the Bath, and Lord Chief Baron of Their Majesties Court of Exchequer, against a Decree made in the said Court the Second Day of July last, as also upon the Answer of the said Lord Chief Baron put in thereunto: After due Consideration had of what was offered by Counsel upon the said Petition and Answer, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That this Cause shall be, and is hereby, referred to Their Majesties Court of Exchequer, to be re-heard, upon all the Proofs and Proceedings therein had, as well in the Court of Chancery as in the Court of Exchequer."
His Majesty, being arrayed in His Royal Robes and Regal Crown, ascended His Throne, all the Peers being in their Robes: The Usher of the Black Rod was commanded to signify His Majesty's Pleasure to the Commons, "That they presently attend His Majesty."
"Le Roy et (fn. 2)la Reyne, remerciant les bon Subjects, acceptant leur Benevolence, et ainsile veulent."
"Le Roy et (fn. 3)la Reyne le veulent."
Judges Bill rejected.
"Le Roy et (fn. 3)la Reyne se aviseront."
"14. An Act to enable the Trustees of James late Earl of Suffolke to sell the Manor of Hadstock in Essex, for discharging several other Manors and Lands of the said late Earl from Five Thousand Pounds, Remainder of Ten Thousand Pounds by him formerly charged thereon."
"15. An Act for the enabling Phillip Lord Stanhope, Son and Heir Apparent of the Right Honourable Phillip Earl of Chesterfeild, together with the said Earl, to make a Jointure and Settlement, upon the Marriage of the said Phillip Lord Stanhope."
"17. An Act for the vesting several Manors, Lands, and Rents, in the Counties of Lincolne, Berks, and Devon, in Trustees, to be sold, for the buying other Manors and Lands, to be settled for the same or the like Uses as those to be sold are now settled."
"19. An Act to enable Trustees of the Right Honourable James Lord Waldegrave to make Leases, and grant Copyhold Estates, for the Payment of the Arrears of Annuities of Henry Lord Waldegrave his Father, deceased."
"22. An Act to enable the Bishop of London, and Trustees, to sell the Manor of Bushley, in the County of Worcester, Part of the Bishopric of London; and to purchase other Lands, to be annexed to the said Bishopric, for the Improvement thereof."
"26. An Act to vest divers Manors, Lands, and Tenements, in the County of Leicester, in Trustees, to be sold, for the Payment of the Debts and Legacies of Sir William Halford Knight deceased, and for Payment of the other Debts of Sir William Halford now living, prior to his Marriage Settlement with the Lady Frances his now Wife."
"27. An Act to vest certain Lands of William Molyneaux Gentleman in Trustees, for raising the Sum of Two Thousand Pounds, for paying the Portions to his Younger Brother and Sisters, pursuant to a Decree in the Court of Chancery."
"28. An Act for Sale of the Manor of Manworthy, with its Appurtenances, in the County of Devon, being the Lands and Estate of Nicholas Martyn Esquire, by Trustees herein after named, for the Payment of the Debts of the said Nicholas Martyn."
"29. An Act for the settling of certain Messuages, Mills, Lands, and Tenements, in the County of Merioneth, upon certain Trustees, to be sold or mortgaged, towards the Payment of the Debts of William Vaughan and Jenkin Vaughan Esquires, deceased."
"31. An Act for the more speedy Payment of the Debts of Elizabeth Curtis Widow, late deceased, and Performance of an Agreement touching the same, made between Charles Curtis in his Life-time, and Edward Earle, according to a Decree in the High Court of Chancery."
"39. An Act for securing, out of some of the Manors, Lands, Tenements, and Hereditaments, of Charles Pelham, of Brockelsby, in the County of Lincolne, Esquire, the Sum of Five Thousand Pounds, with Interest, unto Anne Pelham, Eldest Daughter of the said Charles."
"43. An Act for settling the Manor and Lordship of King's Bromley, and other the Messuages, Lands, Tenements, and Hereditaments, of Barbary Newton Widow, Relict of Samuel Newton, late of the Island of Barbadoes, in America, Esquire, deceased, and John Newton Esquire, Son and Heir of the said Samuel by the said Barbary."
"44. An Act to vest the Estate late of Henry Drax Esquire, deceased, in Thomas Shatterden Gentleman; and to enable the said Thomas Shatterden and others, to whom the said Estate is devised, to make a Jointure."
"45. An Act for incorporating the Proprietors of the Water-works in the Parish of St. Paul's Shadwell, in the County of Middl'x; and for the encouraging, carrying on, and settling, the said Water-works."
His Majesty's Speech.
"I return My hearty Thanks to you all, for the great Demonstrations you have given Me of your Affections in this Sessions, and of your Zeal for the Support of the Government. And I must thank you, Gentlemen of the House of Commons, in particular, for the great Supplies you have granted for the Prosecution of the War. I assure you, I shall take Care so to dispose of the Money you have given Me for the Public Occasions, as that the whole Nation may be entirely satisfied with the Application of it.
"I think it proper to acquaint you with My Intentions of going beyond Sea very speedily, which I am afraid have been already retarded more than is convenient for the present Posture of Affairs; and upon that account, I think it necessary to put an End to this present Meeting, the Season of the Year being now so very far advanced, that it may prove of the last ill Consequence to continue it any longer."
Adjourn'd to April.
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum adjournandum esse usque in diem Martis, (videlicet,) 12um diem Aprilis prox. sequentis, hora decima Aurora, Dominis sic decernentibus.