DIE Veneris, 15 Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| | |
Arch. Cant.
Epus. London.
Epus. Durham.
Epus.
Winton.
Epus. St.
David's.
Epus. Sarum.
Epus. Worcester.
Epus. Oxford.
Epus.
Norwich.
Epus. Peterborow.
Epus. Chichester. |
Dux Cumberland.
Ds. Præses.
Dux
Bolton.
March. Hallifax.
Ds. Camerarius.
Comes Shrewsbury.
Comes Derby.
Comes
Bridgewater.
Comes Bullingbrooke.
Comes Manchester.
Comes Mulgrave.
Comes
Stamford.
Comes Kingston.
Comes Carnarvan.
Comes
Chesterfeild.
Comes Thannet.
Comes Strafford.
Comes
Sunderland.
Comes Sandwich.
Comes Craven.
Comes
Ailesbury.
Comes Sussex.
Comes Feversham.
Comes
Maclesfeild.
Comes Radnor.
Comes Nottingham.
Comes
Rochester.
Comes Marleborough.
Comes Scarborough. |
Ds. Willoughby Er.
Ds. Dela Ware.
Ds. Fitzwalter.
Ds.
Howard Eff.
Ds. Chandos.
Ds. Sidney.
Ds.
Lovelace.
Ds. Jermyn.
Ds.
Byron.
Ds. Vaughan.
Ds.
Colepeper.
Ds. Lucas.
Ds.
Lexington.
Ds. Granville.
Ds. Cornwallis.
Ds.
Crew.
Ds. Carteret.
Ds.
Ossulston.
Ds. Godolphin.
Ds. Cholmondley.
Ds.
Ashburnham. |
PRAYERS.
Phillips versus Phillips.
Upon reading the Petition of Elizabeth
Phillips Spinster; praying a Day may be appointed for hearing of her
Cause, to which Dame Marina Phillips is Defendant:
It is ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That this House will hear the said Cause, by Counsel on
both Sides, at the Bar, on Thursday the Eight and
Twentieth Day of this Instant January, at Ten of the
Clock in the Forenoon.
Fidler versus Ly. Hanham.
Upon reading the Petition of Thomas
Fidler, praying a Day may be appointed for hearing of his Petition, to
which the Lady Hanham is Defendant:
It is ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That this House will hear the said Cause, by Counsel on
both Sides, at the Bar, on Thursday the Fourth Day of
February next, at Ten of the Clock in the
Forenoon.
L. Villers'Bill.
The Earl of Bridgewater reported from
the Committee, the Bill, intituled, "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," with some Amendments.
Which were read Twice, and agreed to; and the Bill ordered
to be engrossed, with the said Amendments.
Newton's Bill.
Hodie 3a
vice lecta est Billa, intituled, "An Act for the 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 Barbadocs, in America,
deceased, and John Newton Esquire, Son and Heir of the
said Samuell by the said Barbary."
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 Sir
John Hoskyns and Sir Robert
Legard:
To carry down the said Bill, and desire their Concurrence
thereunto.
Shepheard versus Wilkins.
Upon hearing Counsel this Day, at the Bar, upon the
Petition and Appeal of Samuell Sheppard, complaining of a
Decretal Order made in the Court of Chancery, on the Behalf of Michaell Wilkins and others, whereby a new Trial should be had
at the King's Bench Bar next Term in Midd'x, and a new
Action to be brought, in the Name of Wilkins, on that
single Point, "Whether the Freight was to be Three Pounds or Ten Pounds
per Ton, or how much?" as also upon hearing Counsel upon
the Answers of Michaell Wilkins, Samuell Stayner, John Morgan,
Abell Ward, John Pettytt, and Richard Meriweather
and Naomy his Wife, the Relict and Administratrix of
Richard Laleward, deceased, put in thereunto:
After due Consideration had of what was offered by Counsel
upon the said Petition and Answers, it is ORDERED and Adjudged, by the Lords
Spiritual and Temporal in Parliament assembled, That the said Decretal Order,
made in the Court of Chancery, on the Behalf of the said Michaell Wilkins and others, from which the said Samuell Shepheard appealed, shall be, and is hereby,
reversed.
Ld. Waldegrave's Bill.
A Message was brought from the House of Commons, by Sir
Joseph Tredenham and others:
To return the Bill, intituled, "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," with some Amendments;
to which they desire their Lordships Concurrence.
Message from H. C. to return Smith's, Davile's, and Campian's
Bills; and Sir T. Button's.
A Message was brought from the House of Commons, by Mr.
Christy and others:
To return Three Bills; One, intituled, "An Act to enable
Trustees to sell the Estate of Edward Smith Esquire,
deceased, to raise Money for the Payment of his Debts, and to make Provision
for his Children who are Infants;" to which they have agreed, without any
Amendment.
As also the Bill, intituled, "An Act to enable
William Davile to sell some Lands, for Payment of Debts;"
and that they have agreed to the Lords Amendments of the said Bill.
As also the Bill, intituled, "An Act for the better
enabling the Trustees and Executors of Richard Campian,
deceased, to perform his Will;" to which they have agreed, with some
Amendments; and desire their Lordships Concurrence thereunto.
A Message was brought from the House of Commons, by Mr.
Carter and others:
To return the Bill, intituled, "An Act for the enabling of
Sir Thomas Burton Baronet to sell Lands, for Payment of
his Debts;" to which they have agreed, without any Amendment.
Ld. Morley's Petition, to be released.
The Petition of the Right Honourable Thomas Lord Morley & Mounteagle was
read, as followeth:
"To the Right Honourable the Lords Spiritual and Temporal
assembled in Parliament.
"The humble Petition of Thomas Lord
Morley & Mounteagle;
"Sheweth,
"That your Petitioner hath been for some Time past, and
still continues, a Prisoner in The Tower, by virtue of an
Order of this most Honourable House; and as your Petitioner does humbly
acquiesce in, and submit to your Lordships Pleasures therein, so he is sorry
that he should in any Wise incur your Lordships Disfavour.
"May it therefore please your Lordships, to take your
Petitioner's Case into your Consideration; and to let this Submission atone for
what is past; and withal to order his Discharge from his Consinement, as soon
as your Lordships in your great Wisdoms shall think fit.
"And your Petitioner shall pray, &c.
"Morley & Mounteagle."
D. of Grafton's Bill.
Hodie 1a
vice lecta est Billa, intituled, "An Act for vesting
certain Pieces or Parcels of Ground in the Parishes of St.
James and St. Martin's in the Feilds, late the
Estate of Henry Duke of Grafton,
deceased, in Trustees, to be sold."
Dashwood versus Champante.
Upon reading the Petition and Appeal of Sir Robert Dashwood Knight and Baronet, Sir Samuell
Dashwood Knight, John Perry and Edward Noell Esquires, surviving Executors of George Dashwood Esquire, deceased, in Trust for Minors, the
younger Children of the said Testator Mr. Dashwood, "That
the Petitioners submit to try the Point of Notice; humbly hoped the Court of
Exchequer would have altered and enlarged the said Issue; and have made it,
"Whether Sir John Champante had Notice, that the Testator
Dashwood had assigned his Share and Interest in the
Undertaking to Sir James Hayes; and if he had Notice,
when he first had Notice thereof;" and praying the enlarging the Issue, in
regard it is too strait, and, as they conceive unreasonable, and no Ways tends
to the Point, "Whether Sir John Champante had Notice that
the Testator Dashwood had assigned his Share and Interest
in the Undertaking to Sir James Hayes, or not," which is
the main and only Point in Question:"
It is ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That the Issue to be tried at Law, directed by the Court
of Exchequer, shall be, "Whether Sir John Champante had
due Notice, that the Testator Dashwood had assigned his
Interest in the Undertaking to Sir James Hayes or
not."
Hetley versus Hervey.
Whereas this Day was appointed for hearing the Cause,
wherein Carina Hetley is Plaintiff, and John Hervey is Defendant:
It is ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That this House will hear the said Cause, by Counsel on
both Sides, at the Bar, on Friday the Nine and Twentieth
Day of this Instant January, at Ten of the Clock in the
Forenoon.
Public Accompts.
It is ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That To-morrow, after the Duke of Norfolke's Business, the House shall be put into a Committee,
to read and consider of the Answers received from the Commissioners for Public
Accompts, to the Queries sent to them upon their Observations upon the Book of
Accompts.
Message to H. C. to remind them of the Chancery Bill.
A Message was sent to the House of Commons:
To put them in Mind of the Bill, for regulating Hearings
upon Bills of Review in Chancery, and other Courts of Equity.
Trials for Treason, Bill.
The Earl of Mulgrave reported from
the Lords Committees, appointed to inspect Commissions for Lords High Stewards,
"That the Clerk of the Petty Bag had attended them, as ordered; and said, he
had none of the Records of those Commissions; and that thereupon the Committee
had sent to the Custos Brevium of the King's Bench, for
the Records of Trials of Peers, and Commissions for Lords High
Stewards."
The Custos Brevium was called in,
and delivered some Records; and was ordered to attend the Committee Tomorrow,
with what other he hath in his Custody.
And after reading the Commons Amendments to the Proviso
(A) in the Bill, for regulating Trials in Cases of Treason, it was ORDERED,
That the Committee for inspecting Commissions for Lords High Stewards shall be
revived to sit To-morrow, at Nine of the Clock; and that the Committee report
to the House on Monday next; and that the Debate of this
Business shall be adjourned to Monday next, at Twelve of
the Clock; and all the Lords to be summoned.
Adjourn.
Rob'tus Atkyns, Miles de Balneo,
Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens
Parliamentum continuandum esse usque in diem Sabbati, (videlicet,) 16um diem instantis Januarii,
hora decima Aurora, Dominis sic decernentibus.