House of Lords Journal Volume 17: 2 January 1705

DIE Martis, 2 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sabine & al. versus St. John.

Upon reading the Petition of Colonel Joseph Sabine, Lieutenant Colonel James Jones, and Major Morgan, as well in Behalf of themselves as others, of the Regiment of Foot formerly commanded by Colonel Herbert, and now by Lieutenant General Ingoldsby; shewing, "That James St. John, formerly Agent to the said Regiment, brought his Appeal into this House the Thirteenth of November last, to which Captain Joseph Bennet, Relator in the Cause, was ordered to put in his Answer the Eighth Instant; that, the said Bennet being now Chief Engineer at Gibraltar, his Answer cannot be put in as ordered; and the Appeal is brought for Delay, and will be prejudicial to the Petitioners: The Petitioners therefore humbly pray, that the Appellant, who is now a Prisoner in The Fleet, and having entered into a Recognizance, do give other Security, with Sureties for Costs; and that an Answer may be put in, under the Hands of the Counsel for the Relator, as though the said Bennet was present:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said James St. John do enter into a Recognizance, with Sureties, on or before Saturday next, at Eleven a Clock; and that the Answer of the said Joseph Bennet, signed by his Counsel, be sufficient in this Case.

Godolphin versus Tuder, in Error.

Upon reading the Petition of Charles Godolphin and Elizabeth his Wife, Administratrix of Sir William Godolphin Knight deceased, Plaintiffs in a Writ of Error depending in this House, to which Thomas Tuder Esquire, Executor of Thomas Tuder Gentleman deceased, is Defendant; and shewing, "That the Petitioners have assigned Errors thereupon; and praying a Day for the (fn. 1) Defendant to join Issue, and also for hearing the Errors argued thereupon:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Defendant do join Issue in this Cause on or before Monday next; and that this House will hear the Errors argued thereupon, on Thursday the Eighteenth Day of this Instant January, at Eleven a Clock.

Biddulph's Bill.

The Lord Bishop of Durham, and Crew, reported from the Lords Committees, the Bill, intituled, "An Act for settling of the Tithes of certain Lands, in Franckton, in the County of Warwick, upon Simon Biddulph Esquire and his Heirs; and for settling a Rent Charge, in Lieu thereof, upon the present Rector there, and his Successors for ever," 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.

Williams's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of several Manors and Lands, in the Counties of Hereford, Radnor, and Brecon, for the Payment of the Debts of Richard and Thomas Williams, late of Cabalva, in the County of Radnor, Esquires, deceased."

ORDERED, That the Consideration of the said Bill be committed to the Lords following:

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

Adjourn.

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