Journal of the House of Lords: Volume 16, 1696-1701. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 21 Martii.
Epus. St. Asaph.
Dux Leeds, Ds. Præses.
Comes Pembroke, Ds. Privati Sigilli.
Comes Lindsey, Ds. Magnus Camerarius.
Ds. Willughby Er.
Ds. Berkeley Ber.
Ds. Howard Esc.
Ds. (fn. 1) Culpeper.
Ds. Arundell Tr.
Answer to Message concerning Mr. Bertie.
Taunton, for Woollen Bill.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by themselves or Counsel, if they think fit, on Friday the Five and Twentieth Day of this Instant March, at Eleven of the Clock in the Forenoon.
Davis versus Speed, in Error.
Upon reading the Petition of Robert Davis; praying, That a Day may be appointed, for hearing of the Errors argued upon the Writ of Error, wherein the Petitioner is Plaintiff, and John Speed Defendant:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued thereupon, on Wednesday the Thirtieth Day of this Instant March, at Eleven of the Clock in the Forenoon.
Twyford versus Hilliard.
Upon reading the Petition of William Hilliard; alledging, "That the Appellant James Twyford and others have brought their Appeal for Delay and Vexation, and not entered into Recognizances as by the Orders of this House they ought;" and praying, "That the Appellant may enter into Recognizance with Sureties to answer Costs:"
L. Lisburne's Bill.
The Lord Howard of Escrick reported from the Committee, the Bill, intituled, "An Act for the better settling the several Estates of the Right Honourable John Lord Viscount Lisburne and the Lady Viscountess Lisburne his Wife," as fit to pass, with some Amendments.
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting in Trustees, to be sold, certain Lands of George Hewet Esquire, lying in the County of Middl'x, settled upon his Marriage; and, with the Money arising thereby, for purchasing other Lands in Leicestershire, where his Estate and Seat lies, to be settled to the same Uses."
Message to H. C. with it.
Sir Ralph Hare's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the better enabling Sir Ralph Hare Baronet to make a Jointure, and settle his Estate, and raise Portions and Maintenances for his Younger Children."
Message to H. C. with it.
Sir John Churchill's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to confirm the Sale of Part of the Estate of Sir John Churchill Knight, lately deceased, pursuant to his last Will, and Two Decrees of Chancery for Performance thereof."
ORDERED, That the Consideration of the said Bill be referred to the same Committee to whom the Bill, (intituled, "An Act for the vesting several Lands late belonging to Robert Smith Esquire deceased, in Trustees to be sold, for the Payment of his Debts,") is referred.
Bertie versus L. Falkland,
"After hearing Counsel, upon the Petition and Appeal of James Bertie Esquire and Elizabeth his Wife, complaining as well of a Decree made by the Lord Chancellor of England, on the Behalf of Lucius Henry Cary Lord Viscount Falkland of the Kingdom of Scotland (touching the Estate of John Cary Esquire deceased), upon the Six and Twentieth Day of January last, in a Cause depending in the Court of Chancery, wherein the said Lord Viscount Falkland was Plaintiff against the said Appellants, and Sir William Whitlock and John Grout Defendants; as also of an Order of Dismission, made the same Day, of the Appellants Bill in that Court against the said Lord Viscount Falkland and the said Sir William Whitlock and John Grout, touching also the said Mr. Cary's Estate, praying a Reversal both of the said Decree and Dismission; as also upon the Answers of the said Lord Viscount Falkland, Sir William Whitlock, and John Grout, put in unto the said Appeal; and after Debate, and due Consideration had of what was offered thereupon: It is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Trustees, Sir William Whitlock and John Grout, and their Heirs, do forthwith execute Conveyances, whereby all the Manors, Lands, Tenements, and Hereditaments of the said John Cary, by his Will devised unto them, shall and may be assured unto, or to the Use of, the Appellant Elizabeth Bertie for her Life, with Remainder to the said Lord Viscount Falkland and the Heirs Males of his Body, with Remainder to the right Heirs of the said John Cary for ever; and that there shall not be any Account of the Profits of the said Premises for the Time past; and that the Goods of the said Mr. Cary shall go and remain according to the Directions of his Will; and that so much and such Part of the said Order of Dismission of the Appellants Bill, and of the said Decree on the Behalf of the said Lord Viscount Falkland, as is contrary to, or inconsistent with, this Judgement, shall be, and is hereby, reversed."
Howard & al. Executors of Ly. Portland, versus Marquis Douglas.
Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Henry Howard and Henry Hordesnell, Executors of Frances late Countess of Portland, from a Decree made by the Lord Keeper of the Great Seal of England, the Sixteenth Day of April, One Thousand Six Hundred Ninety-seven, on the Behalf of James Lord Marquis of Douglass of the Kingdom of Scotland; as also upon the Answer of the said Marquis put in thereunto:
After due Consideration of what was offered thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Henry Howard and Henry Hordesnell shall be, and is hereby, dismissed this House; and that the Decree from which they appealed shall be, and is hereby, affirmed.
Message from H. C. to remind the Lords of the Bill to encourage the Woollen Manufacture.
To put this House in Mind of the Bill, intituled, "An Act to encourage the Woollen Manufacture in England, and to restrain the Exportation of Woollen Manufactures from Ireland into any Foreign Parts; and for the better preventing the Exportation of Wool from England and Ireland."
Messages from H. C. with Bills.
With a Bill, intituled, "An Act for erecting Hospitals, Workhouses, and Houses of Correction, within the Town and Parish of Crediton, in the County of Devon, and for the better Relief of the Poor there;" to which they desire the Concurrence of this House.
With a Bill, intituled, "An Act for erecting Hospitals and Workhouses within the Town and Parish of Tiverton, in the County of Devon, for the better employing and maintaining the Poor thereof;" to which they desire the Concurrence of this House.
E. of Rochford versus L. Montgomery, Privilege.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) vicesimum secundum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.