DIE Martis, 29 Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Ebor.
Epus. Duresme, & Crew.
Epus. Sarum.
Epus. Lich. & Cov.
Epus. Norwic.
Epus. Cicestr.
Epus. Oxon.
Epus. Bangor. |
Ds. Custos Magni Sigilli.
Ds. Godolphin, Thesaurarius.
Dux Northumberland.
Dux Bolton.
Dux Marlborough.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Jersey, Camerarius.
Comes Northampton.
Comes Denbigh.
Comes Manchester.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Carnarvon.
Comes Essex.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Portland.
Comes Romney.
Comes Orford.
Viscount Townshend. |
Ds. Bergevenny.
Ds. Lawarr.
Ds. Ferrers.
Ds. Wharton.
Ds. Chandos.
Ds. Poulett.
Ds. Mohun.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Stawell.
Ds. Guilford.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Halifax.
Ds. Granville.
Ds. Gernsey.
Ds. Gower. |
PRAYERS.
Hawe's Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act for
setting aside voluntary Settlements made by John
Hawe Gentleman, of Estates in the Counties of Stafford and Warwick; and settling some Part of his Estate
upon the said John Hawe and his Son; and for making
Provision for the Maintenance of his Son and Daughter, and raising a Portion for such Daughter; and selling the Residue, for Payment of his Debts."
ORDERED, That the Consideration of the said Bill be
committed to the Lords following:
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Ds. Godolphin, Thesaurarius.
Dux Bolton.
Dux Marlborough.
Comes Lindsey, Magnus Camerarius.
Comes Jersey, Camerarius.
Comes Northampton.
Comes Denbigh.
Comes Manchester.
Comes Peterborough.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Essex.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Portland.
Comes Romney.
Comes Orford. |
Arch. Ebor.
Epus. Duresme & Crew.
Epus. Sarum.
Epus. Lich. & Cov.
Epus. Norwic.
Epus. Cicestr.
Epus. Oxon.
Epus. Bangor. |
Ds. Bergevenny.
Ds. Lawarr.
Ds. Ferrers.
Ds. Wharton.
Ds. Poulet.
Ds. Mohun.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Guilford.
Ds. Stawel.
Ds. Weston.
Ds. Herbert.
Ds. Halifax.
Ds. Granville.
Ds. Gernsey.
Ds. Gower. |
Their Lordships, or any Five of them; to meet on
Friday next, at Ten a Clock in the Forenoon,
in the Prince's Lodgings near the House of Peers;
and to adjourn as they please.
Roche's Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act for
making good the Provision intended for Captain James
Roche, out of the forfeited Estates in Ireland; and
for restoring to the Bishopric of Cloyne, in the said
Kingdom, the Manor and Lands of Donomore."
ORDERED, That the Consideration of the said Bill
be referred to the Lords Committees abovenamed; their
Lordships, or any Five of them, to meet on Monday the
Sixth Day of March next, at the Time and Place aforesaid.
Leighton versus Ford, in Error.
The House being this Day moved, "That a Day
may be appointed, for hearing the Errors argued
upon the Writ of Error depending in this House,
wherein Her Majesty, by Her Attorney General, is
Plaintiff, and William Weedon Ford Defendant:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear
the Errors argued thereupon on Monday next, at Ten
a Clock in the Forenoon; and the other Causes removed.
Silly versus Dally, in Error.
The House being this Day moved, "That a Day
may be appointed, for hearing the Errors argued
upon the Writ of Error depending in this House,
wherein William Silly is Plaintiff, and William Dally
and others are Defendants:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear
the Errors argued thereupon on Thursday the Ninth
Day of March next, at Ten a Clock in the Forenoon.
Address about the Fleet, to be reported.
ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That the Address, drawn by the
Lords Committees, appointed to consider of the Papers
from the Admiralty-office, shall be reported to this
House on Thursday next, at One of the Clock; and all
the Lords summoned to attend.
Sir Cloudsley Shovel's Instructions.
The Earl of Nottingham, by Her Majesty's Command,
laid before the House Sir Cloudesley Shovell's Instructions,
upon his Expedition into The Mediterranian; and said,
"That there are some other Instructions, which the
Queen thinks fit to reserve, being such as may be
yet put in Execution; the Titles whereof are as
follow:
"1st
May, 4 Instructions.
"Ditto, other Instructions.
"7, Copy of the E. of Nottingham's Letter.
"10, Additional Instructions.
"April 12, Advice from Genoua.
"Account of the French Squadrons, and the Fleet at
Thoulon.
"May 11th, The Queen's Warrant.
"17, Earl of Nottingham's Letter.
"August 10, Earl of Nottingham's Letter.
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May 7, |
Instructions.
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June 16,
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Sept. 9, |
Admiralty Papers.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Papers delivered
this Day by the Earl of Nottingham, by Her Majesty's
Command, shall be, and they are hereby, referred to the
Lords Committees appointed to consider of the Papers
formerly received from the Admiralty-office.
Papers referred to Committee of Public Accompts.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Papers received
from the Commissioners of Accompts, on the Second Day
of this Instant February, relating to the Army, Transports, and Prizes, shall be, and they are hereby, referred to the Lords Committees appointed to consider of
the Observations delivered into this House by the Commissioners of Public Accompts, and the several Answers
put in to those Observations.
Judges to attend.
ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That the Judges, before whom
James Boucher was tried, do attend this House To-morrow, at Two a Clock.
Scott versus Hilton:
After hearing Counsel, upon the Petition and Appeal of Edward Scott Gentleman, Administrator of
Thomas Scott his Brother, deceased, from a certain Decree or Orders made by the Court of Chancery, the
Eighth Day of May and Seven and Twentieth Day of
November, in a Cause there depending, between the Petitioner Complainant, and Richard Hilton, Executor of
John Hilton, Clerk, his Father, deceased, Defendant;
praying, "That a new and final Trial, either at the
Assizes (or at the Bar) by a Jury, where all the Parties and most of the Witnesses live, may be directed;
and that the Decree or Orders (so far as the Petitioner is aggrieved thereby) may be reversed;" as also
upon the Answer of Richard Hilton put in thereunto;
and due Consideration of what was offered thereupon:
Judgement.
It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Decree or Orders, complained of in the said Petition and Appeal, shall be, and are hereby, reversed; so
far only, as that a new Trial at Law shall be had,
touching the Validity of the Bond in Question, to try
whether the said Bond was duly executed or not; upon a
feigned Issue, "Whether the Writing in Question is the
Deed of the Intestate Thomas Scott," in Her Majesty's
Court of Queen's Bench, at the Bar, by a Special Jury
of the County of Middl'x, the next Term; and that the
now Appellant shall name an Attorney, and shall be
Plaintiff in the said Action; and the Respondent is to
produce the Bond in Question at the said Trial: And
it is further ORDERED, That the Sum of Money decreed, being Six Hundred Fifty-seven Pounds, Seven
Shillings, and Six Pence, and Twenty Shillings per Month
Interest more, since the Seven and Twentieth of January
last, shall, within Fourteen Days from the Date hereof,
be brought into the Court of Chancery; which if not
done, or if the Petitioner do not proceed in the said
Trial, or if, upon the said Trial, the Verdict shall be
found for the Respondent, that then the Appeal shall
stand dismissed, and the Decree affirmed by this House;
and the Money, so to be brought into the Court of
Chancery, shall be immediately paid out of that Court
to the Respondent: And it is further ORDERED, That
if, at the said Trial, the Verdict shall be for the Respondent, that then the Appellant shall pay to the Respondent Bar Costs; but if the Verdict shall be for the
Appellant, that the Respondent shall not pay any Costs
to the Appellant, as was offered by the Appellant's
Counsel at the Bar.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) primum diem Martii jam prox. futur.
hora secunda post meridiem, Dominis sic decernentibus.
Lunæ, 10° die Aprilis, 1704.
Hitherto examined by us,
Stamford.
Bergevenny.
Pagett.
Lucas.
Sommers.