House of Lords Journal Volume 18: 4 February 1707

DIE Martis, 4 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Parker versus Lamb.

Upon reading the Petition of George Parker Esquire; praying, "That a Day may be appointed, for hearing his Appeal depending in this House, to which Mary Lambe Widow is 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 Friday the Fourteenth Day of this Instant February, at Eleven a Clock.

Eyton versus Eyton.

Upon reading the Petition of David Eyton; praying, That a Day may be appointed, for hearing of his Cause depending in this House, whereunto John Eyton and his Wife and Anne Eyton are Respondents:"

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 Wednesday the Twelfth Day of this Instant February, at Eleven a Clock.

Lee, Leave for a Bill.

After reading, and Consideration of, the Report made by the Judges, upon the Petition of Agnes Lee, for Leave to bring in a Bill, to enable her to renew Leases held of the Dean and Chapter of Exeter, for the Benefit of her Son; which cannot be effected otherwise than by Act of Parliament, her Son being an Infant:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath hereby Leave given to bring in a Bill, according to the Prayer of the said Petition.

Church of England, for securing, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for securing the Church of England, as by Law established."

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 Mr. Justice Powis and Mr. Justice Gould:

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

Harrington versus Horton:

After hearing Counsel, upon the Petition and Appeal of John Harrington, Richard Mackrill, and John Ratcliffe, and others, from a Decree made in the Court of Exchequer, the Two and Twentieth of June One Thousand Seven Hundred and Three, on the Behalf of Thomas Horton; and praying, "That the said Decree and Proceedings thereupon may be set aside and reversed:" As also upon the Answer of the said Thomas Horton put in thereunto; and due Consideration of what was offered thereupon:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree of the Court of Exchequer complained of in the said Appeal shall be, and is hereby, so far reversed, as that several Issues be tried, in the proper County, at the next Summer Assizes, "Whether the several Moduses insisted on by the Defendants in the Court below, in their Answers (who are now Appellants), have been Time out of Mind paid, and payable, for and in Lieu of Tithe Hay in Kind;" and that the Court of Exchequer do proceed, upon the Issues directed, as shall be just: And if any Difference arise between the Parties in settling the Issues, it is Ordered, That they apply to Mr. Baron Smith, to settle the Issues so to be tried.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.