House of Lords Journal Volume 15: 31 January 1694

DIE Mercurii, 31 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Montagu & al. versus E. of Bath & al.

Whereas To-morrow is appointed for hearing of the Cause wherein the Earl of Montagu and others are Appellants, and the Earl of Bathe and others Respondents:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all Exhibits read or produced in the Courts below, in this Cause, shall be produced here To-morrow; and that Mr. Pitts, a Master in Chancery, do then attend, with all such Deeds and Counter-parts of Deeds as are in his Custody relating to this Cause.

Thanks to Bp. of Glouc. for his Sermon.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House shall be, and are hereby, given to the Lord Bishop of Gloucester, for his Sermon preached before this House Yesterday, in the Abbey Church at Westminster; and he is hereby desired to print and publish the same.

Alice Turner's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the Trustees of Alice Turner Widow, and her Children, to make Sale of certain Houses and Ground, in or near Lincolne's Inne Fields, in the County of Midd'x, during the Minority of the Younger Children."

Pardon for Felony, to repeal the Act for finding Sureties for.

Hodie 2^a vice lecta est Billa, intituled, "An Act to repeal the Statute made in the Tenth Year of King Edward the Third, for finding Sureties for the good Abearing, by him or her that hath a Pardon of Felony."

ORDERED, That the said Bill be committed to a Committee of the whole House, on Wednesday next, at Ten of the Clock in the Forenoon; and that the Judges do then attend.

Poor Prisoners, to explain the Act for Relief of, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the explaining and more effectual Execution of a former Act for Relief of poor Prisoners."

ORDERED, That the said Bill be committed to a Committee of the whole House, on Thursday the Eighth Day of February next, at Ten of the Clock in the Forenoon.

Poor Prisoners Petition, for a Clause to be added.

Upon reading the Petition of poor Prisoners for Debt, committed since the Eight and Twentieth Day of November, One Thousand Six Hundred and Ninety; praying a Clause may be added to the Bill now depending in this House, relating to the Discharge of poor Prisoners:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be referred to the same Committee to which the Bill is committed; who are to meet on Thursday the Eighth Day of February next, at Ten of the Clock in the Forenoon.

Edwards Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Thomas Edwards to sell Part of his Estate, for the Payment of Debts, and to restrain and disable him to commit Waste upon the Residue of the said Estate."

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

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

Royal Mines, Bill.

The House was adjourned during Pleasure, and put into a Committee, upon the Bill, intituled, "An Act to prevent Disputes and Controversies concerning Royal Mines."

The House was resumed.

And the Earl of Bridgewater reported, "That the Committee had gone through the said Bill, and think it fit to pass, without any Amendment."

To which the House agreed.

Then, Hodie 3^a vice lecta est Billa, intituled, "An Act to prevent Disputes and Controversies concerning Royal Mines."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have passed it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir John Hoskyns:

To let the Commons know, the Lords have agreed to the said Bill, without any Amendment.

Judges to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all the Judges do attend this House To-morrow, at One of the Clock in the Afternoon.

Mason versus Rowland, in Error.

Whereas, by virtue of Their Majesties Writ of Error, a Record of the Court of King's Bench was brought into this House, the Twelfth Day of January, One Thousand Six Hundred Ninety-three, wherein Judgement is entered for Edward Rowland, against Anthony Mason:

After hearing Counsel this Day, to argue the Errors assigned thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Record of the Court of King's Bench shall be remitted; and that the Judgement therein given for the said Edward Rowland shall be, and is hereby, affirmed: And it is further ORDERED, That the said Anthony Mason shall pay, or cause to be paid, unto the said Edward Rowland, the Sum of Five Pounds, for his Costs in defending the said Writ of Error in this House.

The Tenor of which Judgement, to be affixed to the Record, is as followeth:

"Et postea, scilicet, Duodecimo Die Januarii, Anno Regni dictor. Dominor. Regis et Reginæ nunc Quinto supradicto, in prædict. Cur. Parliamenti, visis et per Cur. ibidem diligenter examinat. et plenius intellect. tam Record. et Process. præd. ac Judic. super eisdem reddit. quam præd. Caus. pro Errore superius assign. et allegat. pro eo quod videtur Cur. Parliamenti præd. quod Record. ill. in nullo vitiosum aut defectivum existit, ac quod in Record. ill. in nullo est Errat.; ideo ad tunc et ibidem considerat. est per eandem Cur. Parliamenti, quod Judicium prædict. in omnibus affirmetur, et in omni suo Robore stet et Effectu; dictis Causis pro Errore assign. in aliquo non obstan.: Et quod præd. Ed'r'us Rowland in Cur. dictor. Dominor. Regis et Reginæ, coram ipsis Rege et Regina, habeat inde Executionem suam versus præfat. Anth'um Mason, juxta Formam et Effectum Judicii præd. Et ulterius per eandem Cur. Parliament. præd. considerat. est, quod præd. Ed'r'us Rowland recuperet, versus præfat. Anth'um Mason, Quinque Libr. eidem Ed'r'o Rowland pro Misis et Custag. quæ sustinuit tam Occasione Dilationis Executionis Judicii præd. Prætextu Prosecutionis prædict. Brevis de Errore hic. Ac superinde Record. et Process. prædict. per Cur. dictor. Regis et Reginæ nunc, per Cur. Parliamenti prædict. coram dict. Dominis Rege et Regina ubicunque, &c. remittuntur, et in eadem Cur. dictor. Dominorum Regis et Reginæ coram ipsis Rege et Regina jam residen. &c."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, (videlicet,) primum diem Februarii jam prox. futur. hora undecima Aurora, Dominis sic decernentibus.

Hitherto examined by us, this 7th Day of April, 1694,

Huntingdon.
J. Bridgewater.
Stamford.
Craven.
Ric. Petriburg.
J. Culpeper.
J. Winchest'r.