House of Lords Journal Volume 17
9 March 1702

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 17: 9 March 1702', Journal of the House of Lords: volume 17: 1701-1705 (1767-1830), pp. 64-65. URL: http://www.british-history.ac.uk/report.aspx?compid=14532 Date accessed: 02 October 2014.


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DIE Lunæ, 9 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Wigorn.
Epus. Roffen.
Epus. Sarum.
Epus. Hereford.
Epus. Eliens.
Epus. Norwic.
Epus. Gloucestr.
Epus. Lincoln.
Epus. Oxon.
Epus. Bangor.
Ds. Custos Magni Sigilli.
Dux Somerset, Præses.
Dux Devon, Senescallus.
Dux Richmond.
Dux Ormonde.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Bedford.
March. Normanby.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Oxon.
Comes Huntingdon.
Comes Dorset & Midd'x.
Comes Northampton.
Comes Denbigh.
Comes Manchester.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Kingston.
Comes Carnarvon.
Comes Thanet.
Comes Scarsdale.
Comes Sandwich.
Comes Anglesey.
Comes Burlington.
Comes Shaftesbury.
Comes Feversham.
Comes Radnor.
Comes Rochester.
Comes Abingdon.
Comes Marlborough.
Comes Scarbrough.
Comes Bradford.
Comes Romney.
Comes Grantham.
Viscount Hereford.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville.
Ds. Lawarr.
Ds. Eure.
Ds. Wharton.
Ds. North & Grey.
Ds. Chandos.
Ds. Brook.
Ds. Lovelace.
Ds. Poulet.
Ds. Maynard.
Ds. Howard Esc.
Ds. Mohun.
Ds. Raby.
Ds. Leigh.
Ds. Jermyn.
Ds. Byron.
Ds. Vaughan.
Ds. Culpeper.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Craven.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Stawell.
Ds. Guilford.
Ds. Jeffreys.
Ds. Cholmondeley.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax.

PRAYERS.

Dean and Chapter of Exon, Bill for Culmstock Manor:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable the Dean and Chapter of the Cathedral Church of St. Peter, in Exeter, and their Farmers and Tenants, to make Leases of and in the Manor of Culmstock, in the County of Devon."

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 Richard Holford and Mr. Pitt:

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

Her Majesty to be attended.

The Lord Steward reported, "That Her Majesty hath appointed Five a Clock this Afternoon, for this House to attend Her Majesty, with the Address, at St. James's."

March. Worcester versus D. Beaufort.

Upon reading the Answer of the Lady Rebecca Marchioness of Worcester, to the Petition of the most Noble Mary Dutchess of Beaufort, and Henry Duke of Beaufort; praying Leave to bring in a Bill, to enable the said Duke to perform and execute several Deeds and other Matters, in the Petition set forth, though under Age, in order to his Marriage:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Dutchess and Duke of Beaufort may have a Copy of the said Answer; and be heard, by their Counsel, thereunto, on Monday the Three and Twentieth Day of this Instant March, at Eleven a Clock, if they think fit; as also Counsel for the Marchioness of Worcester.

Act 7 W. III. for settling the Succession, &c. to explain, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for explaining a Clause in an Act, made at the Parliament begun and holden at Westminster the Twenty-second of November in the Seventh Year of the Reign of our Sovereign Lord King William the Third, intituled, An Act for the better Security of His Majesty's Person and Government."

Thwayts versus Deye:

After hearing Counsel, upon the Petition and Appeal of James Thwayts, Son and Heir of William Thwayts, deceased, brought into this House the Fifth Day of December, One Thousand Six Hundred Eighty-nine, from a Decree made in the Court of Exchequer, the Eighteenth Day of June One Thousand Six Hundred Eighty-three, on the Behalf of John Deye and Frances his Wife; and the Answer of the said John Deye and his Wife put in thereunto; upon which Appeal and Answer, several Orders of this House have been made; and particularly on the Three and Twentieth of March One Thousand Six Hundred Ninety-nine, upon hearing Counsel, it was ordered, "That the said Josiah Thwayts, the Infant Son and Heir of the said James, who was then dead, should try the Cause before the End of Michaelmas Term next, upon the former Issue, directed by this House the Three and Twentieth of May One Thousand Six Hundred Ninety-nine;" and was then allowed the Benefit of the Deed of Appointment, mentioned in the Petition; which Trial was had, and a Verdict for the said Josiah Thwayts; after which, the said John Deye and Frances his Wife, Dame Susannah Bridgeman, Sarah Pauncefort, Grimbal Pauncefort, and Christopher Cratfort Gentleman, the Eighteenth of March One Thousand Six Hundred Ninety-nine, petitioned this House; shewing, "That James Thwayts being allowed by the former Order to have a Trial at Law, which had been had, and a Verdict for the said Josiah Thwayts, who put in his Answer;" and upon hearing thereof, the Tenth of June One Thousand Seven Hundred and One, it was ordered, "That there should be a new Trial, on the former Issue, before the End of Michaelmas Terme then next, in the Exchequer; and that Thwayts should be allowed the Deed of Appointment, dated the Twentieth of August One Thousand Six Hundred Seventy-nine, and Costs ordered to be paid to Thwayts:" After all which Proceedings, the said John Deye and his Wife, the Nine and Twentieth of January last, Respondents to the Petition of Josich Thwayts, petitioned this House, setting forth, "That he had obtained a Verdict in the Court of Exchequer upon the Trial directed by this House the last Session of the last Parliament;" and praying, "the Affirmation of the Decree made in the Cause in the said Court of Exchequer several Years since, as above is set forth; and to have the Monies due to him, with Interest and Costs; and that, until Payment, the Appellant may be excluded the Benefit of the Will of his Grandfather William Thwayts;" to which Petition Josiah Thwayts put in his Answer:

Judgement affirmed.

After due Consideration of what was offered on either Side, upon the said Appeal, Petitions, and Answers, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of the Court of Exchequer, complained of in the Appeal of James Thwayts, shall be, and is hereby, affirmed; with this Alteration, that the said Josiah Thwayts, and all legally entitled under him, shall have the Benefit of the Deed of Appointment before mentioned.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.