House of Lords Journal Volume 14: 21 November 1691

DIE Sabbati, 21 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mountagu's Bill.

The Earl of Rochester reported from the Committee, the Bill, intituled, "An Act for the vesting and settling divers Lands in Gloucestershire in Trustees, to be sold, for the Payment of the remaining Portions to the Children of George Mountagu Esquire, deceased;" as fit to pass, without any Amendments.

ORDERED, That the said Bill be engrossed.

E. of Aylesbury's Bill.

Earl of Craven reported from the Committee, the Bill, intituled, "An Act for the making a Twelve Years Lease, made by the Earl and Countess of Ailesbury for Payment of Debts (which was determinable on their Deaths), to have Continuance absolutely for those Twelve Years," as fit to pass, without any Amendments.

ORDERED, That the said Bill be engrossed.

Sir T. Burton's Bill.

Hodie 1^a vice lecta est Billa, "An Act for the enabling of Sir Thomas Burton Baronet to sell Lands, for Payment of Debts."

Clandestine Marriages Bill.

Hodie 3^a vice lecta est Billa, "An Act disabling Minors to marry without the Consent of their Fathers or Guardians, and against their untimely marrying after the Decease of their Fathers, and for preventing all clandestine Marriages for the future."

A Proviso was offered, for the Quakers; and being Thrice read,

The Question was put, "Whether this Proviso shall be Part of the Bill?"

It was Resolved in the Affirmative.

Then the Question was put, "Whether the Bill shall pass, with this Proviso?"

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. Keck; to carry down the said Bill, and desire their Concurrence thereunto.

Howard versus Beaghan.

Upon hearing Counsel this Day at the Bar, upon the Petition and Appeal of Dame Elizabeth Howard Widow, Appellant, from a Decree made in the Court of Chancery, wherein Edmond Beaghan Esquire, and Anne Beaghan his Daughter, an Infant, were Plaintiffs, against the said Dame Elizabeth Howard and others, Defendants; as also upon the Answer of the said Edmond Beaghan Esquire, and Anne his Daughter an Infant, by the said Edmond her Father and Guardian, put in to the said Petition:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of the said Dame Elizabeth Howard Widow shall be, and is hereby, dismissed this House; and that the Decree from which she appealed shall be, and is hereby affirmed: And it is further ORDERED, That the said Dame Elizabeth Howard shall pay, or cause to be paid, unto the said Edmond Beaghan, the Sum of Twenty Pounds, for his Costs sustained in defending the said Appeal in this House.

Judges to attend.

ORDERED, That all the Judges do attend this House on Monday next, at Ten of the Clock in the Forenoon.

English versus Zouch.

Upon reading the Petition of Thomas English Esquire; praying a Day may be appointed for hearing of his Cause depending in this House, wherein James Zouch is Plaintiff, and he Defendant; and that the Service of the Order upon Mr. Zouche's Solicitor in this House (fn. 1)

It is this Day 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 Monday the Seventh Day of December next, at Ten of the Clock in the Forenoon; and that the Service of this Order upon Mr. Zouche's Solicitor shall be a good Service.

Chancery, &c. Bills of Review, Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Will'm Rawlinson One of the Lords Commissioners of the Great Seal of Engl'd, the Lord Chief Justice Holt, Mr. Justice Eyre, and Mr. Justice Rookesby, do attend the Lords Committees appointed to consider of the Bill, intituled, "An Act for the better determining of Causes on Bills of Review in Chancery and other Courts of Equity," on Monday next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers.

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

Their Lordships, or any Five of them; to meet on Monday 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.

Hitchcock versus Sedgwick.

Upon hearing Counsel this Day at the Bar, upon the Petition of George Hitchcocke Esquire, William Bird Merchant, and several others, who were Creditors of Richard Slaney a Bankrupt, against an Order and Judgement of this House, made the Twentieth Day of December, 1690, on the Behalf of Obadiah Sedgwick; and praying, "That they may not be restrained from, but left at Liberty, to take their Remedy at Law against the Bankrupt's Estate, without being concluded by the said Order or Judgement;" as also Counsel for the said Obadiah Sedgwick on this Point only, "Whether the Petitioners George Hitchcock and others ought to have Liberty to try their Title at Law:"

4 Decemb. 1691. Upon hearing Counsel, these Words were added; videlicet, ["And particularly, whether the Deed of Distribution, dated 14 August, 1685, was fraudulently obtained."]

After due Consideration had of what was offered by Counsel on either Side thereupon, it is ORDERED and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That George Hitchcocke, William Bird Merchant, and others, Petitioners, shall have Liberty to try their Title at Law to the said Bankrupt's Estate, and particularly whether the Deed of Distribution, dated the Fourteenth Day of August, One Thousand Six Hundred Eighty-Five, was fraudulently obtained; and that the Words in the former Order of the Twentieth of December, One Thousand Six Hundred Ninety, from the Word ["reversed"] be left out; (videlicet,) "And that the Estate shall be sold, to the Intent, that out of the Principal Money, Rents in the Court of Chancery, and Arrears of Rent, the Petitioner Obadiah Sedgwick shall be satisfied and paid all his Principal Debt of Two Thousand Two Hundred Pounds, with Interest, Costs, and Charges, as Mortgagees are usually allowed; and that the Overplus of the Money raised by such Sale and Money in Court and Arrears of Rent, after the said Obadiah Sedgwick paid, shall be distributed amongst the other Creditors of Richard Slaney; which the Court of Chancery is to direct to be done, and executed accordingly."

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 23^um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.