DIE Sabbati, 17 Februarii.
Domini tam Spirituales quam Temporales præsentes
Epus. St. David's.
Epus. St. Asaph.
Joh'es Sommers Miles,
Ds. Custos Magni Sigilli.
Ds. Custos Privati Sigilli.
Dux St. Albans.
|Ds. Willoughby Er.|
Ds. Arundell Tr.
Ds. Butler de Weston.
The Earl of Bridgewater reported from the Committee, the Bill, intituled, "An Act to enable Trustees
to sell Part of the Estate of Nathaniel Brent Gentleman, deceased, to raise Money, for Payment of his
Debts, and Maintenance for his Children who are
Infants," as sit to pass, with some Amendments.
Which were read Twice, and agreed to; and the
Bill ordered to be engrossed, with the said Amendments.
vice lecta est Billa, intituled, "An Act to
enable the Trustees of Alice Turner and her Children
to make Sale of certain Houses and Grounds, in or
near Lincolne's Inne Feilds, in the County of Middl'x,
during the Minority of the Younger Children."
The Question was put, "Whether this Bill shall
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Sir Miles Cooke and Mr. Halford:
To carry down the said Bill, and desire their Concurrence thereunto.
Message from thence, with a Bill.
A Message was brought from the House of Commons, by Sir Eliab Hervey and others:
Who brought up a Bill, intituled, "An Act to vest
the Estate of Mary, Elizabeth, Jane, Arabella, Lucy,
and Anne Mildmay, in Trustees, to be sold, for Satisfaction of Mortgages and Debts thereupon, and
preserving the Overplus for their Benefit;" to
which they desire the Concurrence of this House.
vice lecta est Billa, intituled, "An Act for
the Sale of the Estate of Susan Chaplin, and Dorothy
Chaplin her Daughter, for Payment of Debts, and
making a Provision for the said Susan and Dorothy."
ORDERED, That the Consideration of the said Bill
shall be committed to the Lords following; (videlicet,)
Epus. St. Asaph.
Their Lordships, or any Five of them; to meet
on Tuesday 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.
Mascall versus Boswell:
Recognizance to be estreated, if Costs are not paid.
Upon reading the Petition of John Mascall, Respondent to the Appeal lately depending in this House, in
which John Baswell was Appellant; shewing, "That,
upon hearing the Appeal the Twelfth of January
last, he was awarded Forty Pounds Costs in defending the said Appeal in this House; and that the Petitioner hath several Times demanded the said Costs,
and yet he refuses to pay the same:"
It is this Day ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That the said John
Boswell shall pay, or cause to be paid, and he is hereby appointed to pay, unto the said John Mascall, the
said Forty Pounds Costs, within Ten Days after the
Date hereof; and if he shall fail therein, that then the
Recognizance entered into the Seventh Day of December last, by the said John Boswell, to Their Majesties, in One Hundred Pounds, for Payment of such
Costs as this House should appoint in case the Decree
from which he appealed should be affirmed, shall be
estreated into Their Majesties Court of Exchequer, in
order to have the same speedily put in Process there.
Bridgeman versus Holt, and Dunkin versus Upton:
Whereas, by an Order of the Thirteenth of December One Thousand Six Hundred Sixty-one, entered
on the Roll of Standing Orders of this House, by
virtue of Their Majesties Writ of Error, a Record
of the Court of King's Bench shall be brought into
this House, and Errors not assigned thereupon within
Eight Days after the bringing in thereof; that then
the Clerk of the Parliaments shall record, that the
Plaintiff shall lose his Writ, and the Defendant go
without Day, and the Record be remitted:
And whereas there are Two Writs of Error now in
this House; one, wherein William Bridgeman is Plaintiff, and Rowland Holt and others are Defendants, which
was brought in the Twenty-Fourth of November
last; the other, wherein George Dunkin is Plaintiff, and
George Upton Defendant, brought in the Second Day
of January last, upon which several Writs no Proceedings have been had:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Writs
of Error shall be remitted, pursuant to the abovesaid
Trials for Treason for regulating Bill.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled,
"An Act for regulating Trials, in Cases of Treason
and Misprision of Treason," shall be read the First
Time on Thursday the Two and Twentieth Day of
this Instant February, at Eleven of the Clock; and that
all the Lords be summoned then to attend.
Skinner versus Gwillim.
Upon reading the Petition and Appeal of John
Skinner and Thomas White, from a Decree made in the
Court of Chancery, the Nineteenth Day of May last,
on the Behalf of Thomas Gwyllim Senior and Thomas
Gwyillim Junior; and praying the Reversal of the said
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas
Gwyllim Senior and Thomas Gwyllim Junior may have
a Copy of the said Petition and Appeal; and shall
and they are hereby required to put in their Answer
thereunto, in Writing, on Tuesday the Seven and Twentieth Day of this Instant February, at Ten of the Clock
in the Forenoon.
Voting by Balloting.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Matter of the
Motion (adjourned to this Day) concerning Voting by
Balloting shall be adjourned to Monday the Six and
Twentieth Day of this Instant February, at Eleven of
the Clock in the Forenoon.
E. of Montagu & al. versus E. of Bath & al.:
After hearing Counsel several Days, at the Bar, upon
the Petition and Appeal of Ralph Earl of Montagu,
Elizabeth Dutchess of Albemarle his Wife, Christopher
Monke and Henry Monke Esquires, by Mary Monk
their Mother, next Friend, and Guardian, from a Decree of Dismission made and pronounced in the Court
of Chancery, the Two and Twentieth Day of December
last, in several Causes there depending, wherein the
Petitioners were Plaintiffs, and John Earl of Bathe,
Sir Bevill Granville Knight, Bernard Granville Esquire,
Sir Thomas Clarges Knight, Sir Walter Clarges Baronet,
Thomas Clarges his Son an Infant, Arthur Farewell,
Monk Rawlinson, Esquires, Thomas Pride Esquire, and
others, Defendants; as also upon the several Answers
of John Earl of Bathe, Bernard Granville Esquire, Sir
Bevill Granville, Sir Thomas Clarges, Knights, and Sir
Walter Clarges Baronet, and Thomas Clarges his Son,
Arthur Farewell Esquire, Monk Rawlinson Esquire, by
Roger Moore Esquire, Serjeant at Law, his Guardian,
put in thereunto; and upon full and due Consideration of what was offered by Counsel on either Side,
and long Debate thereupon:
It is this Day ORDERED and Adjudged, by the Lords
Spiritual and Temporal in Parliament assembled, That
the said Petition and Appeal of Ralph Earl of Montagu,
Elizabeth Dutchess of Albemarle his Wife, Christopher
Monk, Henry Monk, and Mary Monk their Mother and
next Friend, shall be, and is hereby, dismissed this
House; and that the Decree of Dismission complained
of in the said Petition and Appeal shall be, and it is
hereby, affirmed: And it is further ORDERED, "That
nothing in this Order and Judgement contained shall
be anywife prejudicial to any Claim or Interest in
Law or Equity which Thomas Pride Esquire hath,
or pretendeth to have, of, in, or to, all or any Part
of the Estate of the late Duke of Albemarle.
Protest against it.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque ad et in diem
Lunæ, (videlicet,) 19um diem instantis Februarii, hora
undecima Aurora, Dominis sic decernentibus.