House of Lords Journal Volume 15: 19 March 1694

DIE Lunæ, 19 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mildmay's Bill:

The Earl of Manchester reported from the Committee, the 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," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, 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."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Pitt:

To return the said Bill, and desire their Concurrence to the said Amendments.

Deverell discharged.

Upon reading the humble Petition of John Deverell; shewing, "That he is heartily sorry for his Offence committed against his Grace the Duke of Somersett and the Earl of Monmouth; and praying to be discharged:"

He being called in, and reprimanded at the Bar; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Deverell shall be, and he is hereby, discharged (paying his Fees); and this shall be a sufficient Warrant on that Behalf.

To Sir Thomas Duppa, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.

Harnage & al. Creditors of Bellingham; versus Bellingham:

After hearing Counsel, at the Bar, upon the Petition and Appeal of Richard Harnage, Jaques Wiseman, John Singleton, George How, David Allen, Joseph Devenish, John Prigg, Richard Sutton, James Pawlet, William Smith, William Blinckhorne, and Peter Essington, Creditors of Allen Bellingham Esquire deceased, from Two Orders made in the Court of Chancery, the Three and Twentieth of November and the Four and Twentieth of February last; as also upon the Answer of William Bellingham Esquire (Brother, Heir, and Executor of Allen Bellingham Esquire deceased), Charles Pigeon Esquire, and Robert Hilton Gentleman, (Trustees of the said Allen Bellingham,) and of William Hudson, Francis Mollineux, William Hart, Richard Rigby, and Jeremy Davies, (Five of the Creditors of the said Allen Bellingham,) put in thereunto:

After due Consideration had of what was offered by Counsel thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Richard Harnage and others abovementioned shall be, and is hereby, dismissed this House; and that the Orders from which they appealed shall be, and they are hereby, affirmed.

Boycott & al. Appellant's Counsel, to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Thomas Boycott and William Adams Esquires, who signed the Petition and Appeal of Richard Harnage, shall be, and they are hereby, required to attend this House, To-morrow, at Ten of the Clock in the Forenoon.

Messages from H. C. with Bills; and to return the Bill for preventing Delays at Quarter Sessions; and Turner's Bill.

A Message was brought from the House of Commons, by Mr. Fenwick and others:

To return the Bill, intituled, "An Act to prevent Delays of Proceedings at the Quarter Sessions of the Peace;" that the Commons have agreed to their Lordships Amendments made therein.

A Message from the House of Commons, by Mr. Travers and others:

Who brought up a Bill, intituled, "An Act for enabling Their Majesties to make Grants, Leases, and Copies of Offices, Lands, and Hereditaments, Parcel of Their Dutchy of Cornwall, or annexed to the same, and for Confirmation of Leases and Grants already made;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by Mr. Waller and others:

Who brought up a Bill, intituled, "An Act for settling the Method of taking special Bails in the Court of King's Bench, and for the filing, entering, and doggeting of all special Bails in the several Courts of Law at Westminster;" to which they desire the Concurrence of this House.

And to return the Bill, 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;" to which they have agreed, with One Amendment.

Which was read Twice, and agreed to; and ORDERED, That the Commons have Notice thereof.

Warner to produce Witnesses, viva voce, to prove Deeds, &c.

Upon reading the Petition of Lee Warner; shewing, That he had an Order of the Court of Chancery, for his examining of Witnesses viva voce at the Hearing there, to prove Deeds, Writings, and Copies of Records; and praying he may have an Order for producing and examining such Witnesses at the Bar of this House:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lee Warner may produce, at the Hearing before this House, such Witnesses as were at the Hearing in Chancery, to prove Deeds, Writings, and Copies of Records, as desired.

Bankrupts Estate, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better Recovery of Bankrupts Estates, and for the more equal Distribution thereof."

After Debate thereupon,

The Question was put, "Whether this Bill shall be committed?"

It was Resolved in the Negative.

The Question was put, "Whether this Bill shall be rejected?"

It was Resolved in the Affirmative.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) vicesimum diem instantis Martii, hora undecima Aurora, Dominis sic decernentibus.