House of Lords Journal Volume 17: 29 February 1704

DIE Martis, 29 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hawe's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for setting aside voluntary Settlements made by John Hawe Gentleman, of Estates in the Counties of Stafford and Warwick; and settling some Part of his Estate upon the said John Hawe and his Son; and for making Provision for the Maintenance of his Son and Daughter, and raising a Portion for such Daughter; and selling the Residue, for Payment of his Debts."

ORDERED, That the Consideration of the said Bill be committed to the Lords following:

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

Roche's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making good the Provision intended for Captain James Roche, out of the forfeited Estates in Ireland; and for restoring to the Bishopric of Cloyne, in the said Kingdom, the Manor and Lands of Donomore."

ORDERED, That the Consideration of the said Bill be referred to the Lords Committees abovenamed; their Lordships, or any Five of them, to meet on Monday the Sixth Day of March next, at the Time and Place aforesaid.

Leighton versus Ford, in Error.

The House being this Day moved, "That a Day may be appointed, for hearing the Errors argued upon the Writ of Error depending in this House, wherein Her Majesty, by Her Attorney General, is Plaintiff, and William Weedon Ford Defendant:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued thereupon on Monday next, at Ten a Clock in the Forenoon; and the other Causes removed.

Silly versus Dally, in Error.

The House being this Day moved, "That a Day may be appointed, for hearing the Errors argued upon the Writ of Error depending in this House, wherein William Silly is Plaintiff, and William Dally and others are Defendants:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued thereupon on Thursday the Ninth Day of March next, at Ten a Clock in the Forenoon.

Address about the Fleet, to be reported.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Address, drawn by the Lords Committees, appointed to consider of the Papers from the Admiralty-office, shall be reported to this House on Thursday next, at One of the Clock; and all the Lords summoned to attend.

Sir Cloudsley Shovel's Instructions.

The Earl of Nottingham, by Her Majesty's Command, laid before the House Sir Cloudesley Shovell's Instructions, upon his Expedition into The Mediterranian; and said, "That there are some other Instructions, which the Queen thinks fit to reserve, being such as may be yet put in Execution; the Titles whereof are as follow:

"1^st May, 4 Instructions.

"Ditto, other Instructions.

"7, Copy of the E. of Nottingham's Letter.

"10, Additional Instructions.

"April 12, Advice from Genoua.

"Account of the French Squadrons, and the Fleet at Thoulon.

"May 11^th, The Queen's Warrant.

"17, Earl of Nottingham's Letter.

"August 10, Earl of Nottingham's Letter.

Admiralty Papers.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Papers delivered this Day by the Earl of Nottingham, by Her Majesty's Command, shall be, and they are hereby, referred to the Lords Committees appointed to consider of the Papers formerly received from the Admiralty-office.

Papers referred to Committee of Public Accompts.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Papers received from the Commissioners of Accompts, on the Second Day of this Instant February, relating to the Army, Transports, and Prizes, shall be, and they are hereby, referred to the Lords Committees appointed to consider of the Observations delivered into this House by the Commissioners of Public Accompts, and the several Answers put in to those Observations.

Judges to attend.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges, before whom James Boucher was tried, do attend this House To-morrow, at Two a Clock.

Scott versus Hilton:

After hearing Counsel, upon the Petition and Appeal of Edward Scott Gentleman, Administrator of Thomas Scott his Brother, deceased, from a certain Decree or Orders made by the Court of Chancery, the Eighth Day of May and Seven and Twentieth Day of November, in a Cause there depending, between the Petitioner Complainant, and Richard Hilton, Executor of John Hilton, Clerk, his Father, deceased, Defendant; praying, "That a new and final Trial, either at the Assizes (or at the Bar) by a Jury, where all the Parties and most of the Witnesses live, may be directed; and that the Decree or Orders (so far as the Petitioner is aggrieved thereby) may be reversed;" as also upon the Answer of Richard Hilton 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 said Decree or Orders, complained of in the said Petition and Appeal, shall be, and are hereby, reversed; so far only, as that a new Trial at Law shall be had, touching the Validity of the Bond in Question, to try whether the said Bond was duly executed or not; upon a feigned Issue, "Whether the Writing in Question is the Deed of the Intestate Thomas Scott," in Her Majesty's Court of Queen's Bench, at the Bar, by a Special Jury of the County of Middl'x, the next Term; and that the now Appellant shall name an Attorney, and shall be Plaintiff in the said Action; and the Respondent is to produce the Bond in Question at the said Trial: And it is further ORDERED, That the Sum of Money decreed, being Six Hundred Fifty-seven Pounds, Seven Shillings, and Six Pence, and Twenty Shillings per Month Interest more, since the Seven and Twentieth of January last, shall, within Fourteen Days from the Date hereof, be brought into the Court of Chancery; which if not done, or if the Petitioner do not proceed in the said Trial, or if, upon the said Trial, the Verdict shall be found for the Respondent, that then the Appeal shall stand dismissed, and the Decree affirmed by this House; and the Money, so to be brought into the Court of Chancery, shall be immediately paid out of that Court to the Respondent: And it is further ORDERED, That if, at the said Trial, the Verdict shall be for the Respondent, that then the Appellant shall pay to the Respondent Bar Costs; but if the Verdict shall be for the Appellant, that the Respondent shall not pay any Costs to the Appellant, as was offered by the Appellant's Counsel at the Bar.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) primum diem Martii jam prox. futur. hora secunda post meridiem, Dominis sic decernentibus.

Lunæ, 10° die Aprilis, 1704.

Hitherto examined by us,
Stamford.
Bergevenny.
Pagett.
Lucas.
Sommers.