House of Lords Journal Volume 17: 16 February 1702

DIE Lunæ, 16 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Purefoy's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Trustees to sell certain Lands, Tithes, and Tenements, for the Payment of the Debts of Francis Purefoy Esquire, deceased."

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

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

E. Carlisle takes the Oaths.

This Day Charles Earl of Carlisle took the Oaths, and made and subscribed the Declaration, pursuant to the Statute; and signed the Association.

Thurston versus Vaughan.

Upon reading the Petition of Robert Thurston; shewing, "That he hath put in his Answer to the Appeal of Jonathan Vaughan and his Wife; and that the Appellants have not entered into a Recognizance to answer Costs, as is usual; and that the Appeal is only for Delay; and praying a Day of Hearing may be appointed; and that the Appellant may, in the mean Time, enter into a Recognizance; or that his Appeal be dismissed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Three and Twentieth Day of this Instant February, at Eleven a Clock in the Forenoon; and that, in the mean Time, the Appellant do enter into a Recognizance for Costs, as is usual.

Minshull versus Minshull.

Upon reading the Petition of Peter Minshull, Samuel Sherrard, Thomas Penlington, and Benjamin Penlington; shewing, "That Richard Minshull brought his Appeal into this House in March last; and the Respondents answered in April following; since which, the Appellant hath not stirred in the Matter, his End being only Delay; and praying a short Day for Hearing:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Second Day of March next, at Eleven a Clock in the Forenoon.

Hall & al. Leave for a Bill.

Upon reading the Petition of Thomas Hale, Alexander Trotter, Esquires, and Henry Fox Gentleman, on Behalf of themselves and other Creditors of Edward Mansel the Elder, late of Henlys, in the County of Glamorgan, Esquire, deceased; praying Leave to bring in a Bill, to enable Thomas Mansel and Thomas Drew, Trustees by a former Act, to raise out of the Trust Estate any farther Sum, not exceeding Five Thousand Pounds, for the Payment of the Petitioners, and others, the remaining Debts of the said Edward Mansell:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave given to bring in a Bill, as desired.

Edwards Leave for a Bill.

Upon reading the Petition of John Edwards, Gentleman; praying Leave to bring in a Bill for Sale of an Estate, to answer a Trust reposed in Sir Francis Carleton and Roger Pope, Junior, by the Will of Alice Bromwich Widow, deceased:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath hereby Leave given to bring in a Bill, as desired.

Rose, Leave for a Bill.

Upon reading the Petition of Thomas Rose Gentleman, and Mary Rose Widow and Relict of William Rose Gentleman, deceased, on Behalf of themselves, and Mary Rose her Daughter, an Infant; praying Leave to bring in a Bill, for confirming Thomas Rose's Title to Repston Farme; the Sale of Carrants Court; and settling the Overplus of the Monies arising by such Sale, together with the Manor of Chedder, in Trustees, for the Benefit of Mary the Infant.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave given to bring in a Bill, as desired.

St. Leger & al. Leave for a Nat. Bill.

Upon reading the Petition of Thomas St. Leger, and several others; praying Leave to bring in a Bill for their Naturalization, they having served His Majesty several Years in the Army:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave given to bring in a Bill, as desired.

Yates versus Lewis.

Whereas To-morrow was appointed for hearing of the Cause wherein James Yates was Appellant, and Richard Lewis Respondent:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Four and Twentieth Day of this Instant February, at Eleven a Clock in the Forenoon.

Paper from the Commissioners of Trade.

The Earl of Stamford delivered a Paper Book, intituled, "An Answer of the Commissioners for Trade and Plantations to an Order of the Right Honourable the Lords Spiritual and Temporal in Parliament assembled, of the 5th February, 1701/2."

Message from H. C. with a Bill.

A Message from the House of Commons, by the Lord Cheney and others:

Who brought up a Bill, intituled, "An Act for continuing an Act, intituled, An Act, that the solemn Affirmation and Declaration of the People called Quakers shall be accepted instead of an Oath in the usual Form;" to which they desire the Concurrence of this House.

Quakers Affirmation to be taken, Bill to continue the Act for.

Hodie 1^a vice lecta est Billa, intituled, "An Act for continuing an Act, intituled, An Act, that the Solemn Affirmation and Declaration of the People called Quakers shall be accepted instead of an Oath in the usual Form."

Lucas versus Holder.

Upon reading the Petition of Thomas Lucas, on Behalf of himself and Barbara Deane, Executrix of James Deane deceased; shewing, "That Richard Holder, Merchant, did ensure with the said James Deane and the Petitioner, upon the Ship Joseph and Goods in her; on which there was a great Fraud, in permitting her to be taken by the French, on purpose to obtain the Monies so ensured; and the Fraud being discovered, the Petitioners, in Hillary Term One Thousand Six Hundred Ninety-seven, exhibited their Bill in Chancery for Relief; and upon hearing before the Lord Chancellor, in Michaelmas Term One Thousand Six Hundred Ninety-nine, his Lordship directed a Trial to be had, whether the Ship was taken by the wilful Default of the Master; and that it should be tried in London, where Mr. Holder lived; and a Trial was had, in Easter Terme One Thousand Seven Hundred; and the Petitioners had a Verdict that the Ship was so lost; and afterwards a new Trial was ordered, which was delayed by Mr. Holder, who petitioned the present Lord Keeper to hear the Cause ab origine, which could not be obtained, by Mr. Holder's Delays, till the Five and Twentieth of October last; on which Day his Lordship was pleased to order the new Trial to proceed, and to be again in London, where the Matter arose; and Holder, in November last, moved again to put off the Trial until Hillary Terme, and the Trial was put off accordingly; that the Petitioners, proceeding towards the Trial, gave Notice of it for Saturday last; but, to their great Surprize, they were served on Tuesday last with an Order of this House, dated the Sixth Instant, to answer to a Petition and Appeal of the said Richard Holder upon Friday last, in order to have the said Trial at Bar, and not in London; that, the Parliament having sat about Six Weeks, Mr. Holder might have appealed sooner, and his Appeal heard, and the Petitioners have had the Benefit of the Term, to try the Cause in; and now, if the Appeal stand, the Benefit of the last Term must be lost; and the Petitioners, who have their Witnesses and all Things ready, will be at further Charge and Delay if the Trial be put off; and praying, that the Trial may proceed, as ordered by the Court of Chancery."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition and Appeal of the said Richard Holder, brought into this House the Sixth Instant, shall be, and is hereby, dismissed, to the End the Trial at Law may be proceeded on, as if no such Appeal had been brought into this House.

Tily versus Wharton.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Sir Joseph Tily and his Wife are Petitioners, and W'm Wharton and his Wife Respondents, on Tuesday the Four and Twentieth Day of this Instant February, at Eleven a Clock in the Forenoon.

Perjury, for punishing, Bill.

The Lord Viscount Longueville reported from the Committee of the whole House, the Bill, intituled, "An Act for preventing Perjury, by making wilful Perjury, or Subornation of Perjury, in certain Cases, to be Felony," with some Amendments.

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet) decimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.