House of Lords Journal Volume 17: 28 January 1704

DIE Veneris, 28 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Carteret's Bill:

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for vesting several Estates, in the Counties of Cornwal and Devon, and several Leasehold Estates, in Trustees, to be sold, for raising Portions for the Younger Children of George Lord Carteret deceased; and for laying out the Overplus of the Money raised by such Sales in Purchase of other Lands," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting several Estates, in the Counties of Cornwal and Devon, and several Leasehold Estates, in Trustees, to be sold, for raising Portions for the Younger Children of George Lord Carteret, deceased; and for laying out the Overplus of the Money raised by such Sales in Purchase of other Lands."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Sir John Francklyn and Sir Robert Legard:

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

Ph. Packer versus Anne Packer's Bill.

Upon reading the Petition of Philip Packer Esquire; shewing, "That the Petitioner, having married with Mrs. Anne Ash, is thereby become entitled to such Estate as belonged to her at the Time of her Intermarriage; and that the Petitioner is informed, there is a Bill brought into this House, for settling the Fortune of his said Wife in Trustees; which Bill, if it should pass, would deprive him of the Benefit that by Law he ought to have;" and praying, "That he may be heard, by his Counsel, against the said Bill:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard, by his Counsel, before the Lords Committees appointed to consider of the said Bill, on Wednesday next, at Ten a Clock in the Forenoon.

Symmes versus Simmonds & al.

The House being this Day moved, "That a Day may be appointed, for hearing of the Cause wherein Richard Symmes is Appellant, and Ann Simmonds and others are Respondents:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Seventh Day of February next, at Ten a Clock in the Forenoon.

St. Leger & al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Henry Boisroud de St. Leger, Peter de la Grange, Lewis Wadden, and others."

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

It was Resolved in the Aggirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir John Francklyn and Sir Robert Legard:

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

Sir E. Baesh versus Moore.

Upon reading the Petition of Sir Edward Beash and Dame Anne his Wife; shewing, "That it will be absolutely necessary, that Richard Hinde and Robert Hinde, Executors of Samuel Hinde, be made Respondents to their Appeal depending in this House, they being entitled to Part of the Money claimed by the Mortgage mentioned in the Appeal;" and praying, That the said Richard Hinde may answer to the said Appeal:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Hinde, the surviving Executor, may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Monday the Seventh Day of February next, at Eleven a Clock in the Forenoon; and that this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Eighth Day of February next, at Ten a Clock in the Forenoon.

Message from H.C. with a Bill.

A Message from the House of Commons, by Sir Joseph Jekyl and others:

Who brought up a Bill, intituled, "An Act for the erecting a Work-house in the City of Worcester, and for setting the Poor on Work there;" to which they desire the Concurrence of this House.

Worcester Work-house, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the erecting a Work-house in the City of Worcester, and for setting the Poor on Work there."

E. of Montagu's Bill.

The Lord Halifax reported from the Lords Committees, the Bill, intituled, "An Act for settling and confirming several Exchanges with Ralph Earl Montagu, of several Lands and Common of Simon Motton and others, lying in Gedington, in the County of Northampton, for several Lands of the said Earl's lying near to the same; and for confirming several Agreements relating to the said Exchanges," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for settling and confirming several Exchanges with Ralph Earl Montagu, of several Lands and Common of Simon Motton and others, lying in Gedington, in the County of Northampton, for several Lands of the said Earl's lying near to the same; and for confirming several Agreements relating to the said Exchanges."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Jenkins' Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Jenkins Esquire to sell Lands, in the Counties of Durham and Northumberland, for Payment of Debts charged thereupon."

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

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

L. Mohun versus D. of Hamilton:

After hearing Counsel, upon the Petition and Appeal of Charles Lord Mohun, Executor of the last Will and Testament of the Right Honourable Charles Earl of Maclesfeld, deceased, who was Executor of the last Will and Testament of the Right Honourable Elizabeth Lady Gerard, Widow of Digby Lord Gerard deceased, from a Decree made in the Court of Chancery, the Seven and Twentieth Day of January One Thousand Seven Hundred and Two, and the subsequent Orders thereupon, in a Cause wherein James Duke of Hamilton and Elizabeth Dutchess of Hamilton his Wife, Daughter and Heir of the said Digby Lord Gerard by the said Elizabeth Lady Gerard, were Plaintiffs, and the Lord Mohun, now Appellant, Defendant; and praying, That the said Decree, and all subsequent Orders and Proceedings, may be reversed;" as also upon the Answer of the most Noble James Duke of Hamilton and Elizabeth Dutchess of Hamilton his Wife put in thereunto; and due Consideration of what was offered thereupon:

Judgement reversed.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree and subsequent Orders, complained of in the Appeal of Charles Lord Mohun, shall be, and they are hereby, reversed: And it is further ORDERED, That if the Duke and Dutchess of Hamilton shall, on or before the First Day of February One Thousand Seven Hundred and Four, and before the Delivery to them of the Jewels in the Appeal mentioned, execute a sufficient Release, in Writing, to the said Lord Mohun, Executor to the Earl of Maclesfeld, Executor of the Lady Gerard, or to his Executors or Administrators, and also (in case the said Lord Mohun shall, before such Release given, die intestate) to the Administrators, de Bonis non, of the said Lady Gerard, of all Demands which they, in Right of the said Dutchess, have or claim to have, to or out of the Personal Estates of the said Lady Gerard, or of the said Earl of Maclesfeld, or of either of them; and that, upon the Duke and Dutchess of Hamilton their giving such Release, the said Lord Mohun shall forthwith deliver to them, the said Duke and Dutchess, the Jewels in Question; but in Default of the said Duke and Dutchess giving such Release, or if they, or either of them, shall sue or prosecute for any of the said Demands so to be released within the Time before limited, the Bill of the said Duke and Dutchess, exhibited in the said Cause, is to stand, and is hereby, absolutely dismissed; and the said Duke and Dutchess are hereby debarred from all Benefit of the said Legacy.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum nonum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.