House of Lords Journal Volume 16: 23 December 1697

DIE Jovis, 23 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hopkin versus Philpot and Harrie.

Upon reading the Petition and Appeal of Phillip Hopkin, from Two several Decrees made in the Court of Exchequer, the Seventh of December, One Thousand Six Hundred Ninety-six, and the Second of July, One Thousand Six Hundred Ninety-seven, in a certain Cause there depending, wherein Edward Philpot and James Harrie were Plaintiffs, and the said Phillip Hopkin the Appellant Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edward Philpot and James Harrie 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 Thursday the Thirteenth Day of January next, at Ten of the Clock in the Forenoon.

Baker's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in Sydenham Baker Gentleman an absolute Estate of Inheritance, in Fee Simple, in a certain Rent, Messuages, Lands, and Hereditaments, in the County of Devon; and securing to John Baker Gentleman and Henry Baker, an Instant, his Son, Monies in Lieu of their Claims thereunto."

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 Miles Cooke and Sir Robert Legard:

To carry down the said Bill, and desire their Concurrence thereunto.

L. Mohun, Report from the Committee for considering of his Indictment, &c.

The Earl of Rochester reported from the Lords Committees appointed to consider of the Matter of the Indictment and Proceedings against Charles Lord Mohun, in relation to the Death of William Hill, as follows; (videlicet,)

"That their Lordships have been attended by Mr. White, the Coroner of Middl'x; who said, "He had returned the Inquisition into the Crown-office;" but he produced the Verdict of his Jury, which was for Manslaughter; and said, "That, since he took his Inquisition, a Bill hath been preferred in the King's Bench against the Lord Mohun, and the Grand Jury found Billa vera; the Bill was for Murder; it being the Coroner's Duty, notwithstanding the Verdict of Manslaughter, to prefer a Bill for Murder, he being fineable if he should not do so." He said further, "That he hath known, when a Bill hath been preferred for Murder, that the Grand Jury hath found Billa vera, Manslaughter; but the Judges have blamed them for so doing, and have caused a new Bill to be drawn."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the further Consideration of the Report made this Day, from the Lords Committees appointed to consider of the Matter of the Indictment and Proceedings against Charles Lord Mohun, in relation to the Death of William Hill, shall be resumed on Tuesday the Fourth Day of January next."

Corresponding with King James, Bill against.

Hodie 2^a vice lecta est Billa, intituled, "An Act against corresponding with the late King James and his Adherents."

ORDERED, That the House shall be put into a Committee upon the said Bill, on Tuesday the Fourth Day of January next, at Eleven of the Clock; and that some of the Judges do then attend.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act to give further Time for the administering of Oaths relating to Tallies and Orders; and for the easier Dispatch of the Public Business in the Exchequer and in the Bank of England;" to which they desire the Concurrence of this House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, (videlicet,) tertium diem Januarii jam prox. futur. hora undecima Auroræ, Dominis sic decernentibus.