House of Lords Journal Volume 17: 13 March 1702

DIE Veneris, 13 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ranger versus Ashmead, in Error.

Upon reading the Petition of Charles Ranger; shewing, "That he brought a Writ of Error into this House, upon a Judgement obtained against him, at the Suit of Christopher Ashmead; and praying, That the Defendant Christopher Ashmead may be ordered to join Issue thereupon:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Christopher Ashmead shall and he is hereby required to join Issue thereupon, on or before Friday the Twentieth Day of this Instant March, at Eleven a Clock.

Charlton & al. versus Bayly & al.

Upon reading the Petition and Appeal of Sir Francis Charleton Baronet, Thomas Mason, and George Tomkins, from a Decree made in the Court of Exchequer on the Fifth of February last, wherein James Bayly and Ambrose Sparry were Complainants, against the Appellants, then Defendants; and praying the Reversal of the said Decree; and that the Appellants may try the Modus at Law; and that the Service of this Order upon the Respondents Clerk in Court may be a good Service; and all Proceedings stayed:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Bayly and Ambrose Sparry may have a Copy or Copies of the said Appeal; and shall and they are hereby required to put in their Answers thereunto, in Writing, on Friday the Seven and Twentieth Day of this Instant March, at Eleven a Clock in the Forenoon; and that, in the mean Time, all Proceedings be stayed in the Court below; and the Service of this Order on the Respondents Clerk in the Exchequer shall be good Service.

Maddison versus Smith.

Upon reading the Petition and Appeal of Alan Maddison Clerk, and Mary his Wife, surviving Child and Heir of Thomas White deceased, from a Decree made in the Court of Exchequer in Ireland, the Eighteenth Day of July One Thousand Seven Hundred and One, in a Cause there depending, between Robert Smith, Administrator of his late Wife Ruth Smith deceased, late Sister to the Appellant Mary, Plaintiff, and the said Appellants and William Wimersley and William Cock, Executors of the last Will and Testament of the said Thomas Waite, and others Defendants; and from the Confirmation of the said Decree, made on re-hearing of the said Cause, the Fourth of December in the Year abovementioned; and praying, "That the said Decrees and Decretal Orders may be annulled and reversed, and the Possession of the Premises in the Petition mentioned restored; and that the said Robert Smith may answer thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Smith may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer to the said Appeal, in Writing, on Friday the Tenth Day of April next, at Eleven a Clock in the Forenoon.

Ly. O'Brien and E. of Thomond's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Right Honourable Lady Henrietta O'Brien, Mother and Guardian of the Right Honourable Henry Earl of Thomond, an Infant, to make Leases of his Estate in Ireland, for the discharging of Incumbrances thereon, and of a Charge of Four Thousand Pounds for his Sister's Portion."

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 Robert Legard and Sir Richard Holford:

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

Pawlet's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Lands of Henry Pawlet, a Lunatic, in Trustees, in order to make suitable Provision for him, his next Heir, and next Relations."

Balsal Hospital Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better Government of the Hospital of Balsal, in the County of Warwick, founded by the Lady Katherine Leveson."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Saturday the Eight and Twentieth Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Smith's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of several Manors and Lands, in the County and City of the County of Chester, late the Estate of Sir Thomas Smith Baronet, for the Payment of the Debts charged thereupon; and laying out the Residue of the Money in the Purchase of other Lands, to be settled to the same Uses as the Lands to be sold are settled."

ORDERED, That the Consideration of the said Bill be referred to the Committee above named; who are to meet on Friday the Seven and Twentieth Day of this Instant March, at the Time and Place aforesaid.

Queen to be attended with the Address.

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

Lords take the Oaths.

This Day Thomas Duke of Leeds took the Oath of Allegiance, and made and subscribed the Declaration, pursuant to the Statute.

Also the Lords following took the Oath of Abjuration, and subscribed the same; (videlicet,)

Thomas Duke of Leeds.

Robert Earl of Leicester.

Charles Earl of Carnarvon.

Francis Earl of Bradford.

Banistre Lord Maynard.

Coin, to prevent counterfeiting, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Act made in the Eighth Year of His Majesty's Reign, for better preventing the counterfeiting the current Coin of this Kingdom."

ORDERED, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed.

And the Lord Halifax reported, "That the Committee had gone through the said Bill; and think it fit to pass, with some Amendments."

Which were read Twice, and agreed to.

Harris versus Parker.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein William Harris Esquire is Appellant, and George Parker and others Respondents, on Friday the Twentieth Day of this Instant March, at Eleven a Clock in the Forenoon.

Clarke versus Stokes.

Upon reading the Petition of Richard Clarke and Susannah his Wife, late Susannah Rambut Widow, and Philip Jenkins, Respondents to the Appeal of Abjohn Stokes, Uncle, Heir, and Administrator of Christopher Stokes Gentleman, deceased, and others; praying further Time for answering, they not being able to have any Recourse to their Writings till now; and that Philip Jenkins was in Wales, Two Hundred Miles distant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Time allowed them, for answering to the said Appeal, until Friday the Twentieth Day of this Instant March, at Eleven a Clock.

Tempest's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to vest several Lands and Tenements, in the County of York, in Trustees, to be sold, for the raising a Portion for Henrietta Tempest, an Infant."

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 Robert Legard and Sir Richard Holford:

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

Williams's Bill.

The Lord Jeffreys reported from the Lords Committees, the Bill, intituled, "An Act for vesting in Trustees the Estate of Sir William Powel Baronet, deceased, for raising Portions for the Younger Children of Sir John Williams and Dame Mary his Wife (Daughter of the said Sir William Powel); and to enable William Williams their Eldest Son to make a Jointure to such Wife as he shall marry," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Rose's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming the Title of Thomas Rose Gentleman to Lands called Rempstone; and for Sale of Lands called Carrant's Court, in the County of Dorset, for Payment of the Debts of William Rose Gentleman; and for settling the Manor of Cheddar, in the County of Somerset, and the Overplus of the said Sale, on Mary Rose, an Infant Daughter of the said William, in Lieu of Three Thousand (fn. 1) Pounds Portion for the said Infant."

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 Robert Legard and Sir Richard Holford:

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

Newdigates versus Sir R. Newdigate.

The House being informed, "That there are Propositions of Accommodation between Sir Richard Newdigate and his Daughters:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Hearing of that Matter, appointed this Day, shall be put off until Monday next, at Eleven a Clock.

Ld. Raby versus Wentworth.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Hearing of the Appeal of Thomas Lord Raby, against Thomas Wentworth Esquire, shall be put off until Tuesday next; there being an Accommodation proposed.

Adjourn.

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