DIE Lunæ, 17 Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| | |
Arch. Cantuar.
Arch. Ebor.
Epus. Roffen.
Epus. Exon.
Epus. Sarum.
Epus. Norwic.
Epus. Petriburg.
Epus. Cicestr.
Epus. Oxon.
Epus. Bangor.
Epus. Carliol.
Epus. Asaphen.
Epus. Meneven.
Epus. Landaven. |
Ds. Custos Magni Sigilli.
Dux Devonshire, Senescallus.
Dux Richmond.
Dux Beaufort.
Dux Northumberland.
Dux St. Albans.
Dux Bolton.
Dux Bedford.
Dux Buckingham.
March. Lindsey, Magnus Camerarius.
March. Kent, Camerarius.
March. Dorchester.
Comes Derby.
Comes Leicester.
Comes Northampton.
Comes Denbigh.
Comes Westmorland.
Comes Manchester.
Comes Stamford.
Comes Thanet.
Comes Sunderland.
Comes Anglesey.
Comes Carlisle.
Comes Feversham.
Comes Rochester.
Comes Holdernesse.
Comes Portland.
Comes Scarbrough.
Comes Bradford.
Comes Orford.
Comes Wharton.
Comes Poulet.
Comes Cholmondeley.
Viscount Townshend.
Viscount Weymouth. |
Ds. Bergevenny.
Ds. Lawarr.
Ds. Fitzwalter.
Ds. Pagett.
Ds. North & Grey.
Ds. Vaughan.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Ossulstone.
Ds. Guilford.
Ds. Lempster.
Ds. Herbert.
Ds. Sommers.
Ds. Halifax.
Ds. Granville.
Ds. Gernsey.
Ds. Hervey. |
PRAYERS.
Lord Lempster takes the Oaths.
This Day William Lord Lempster took the Oaths of
Allegiance and Supremacy, and made and subscribed
the Declaration, and also took and subscribed the Oath
of Abjuration, pursuant to the Statutes.
Sir J. Mead's Bill.
The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for Relief of Sir
John Mead, in the Kingdom of Ireland, Knight and
Baronet," as fit to pass, without any Amendment.
Hodie 3a
vice lecta est Billa, intituled, "An Act
for Relief of Sir John Mead, in the Kingdom of Ireland, Knight and Baronet."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Ordered, The Commons have Notice, that the
Lords have agreed to the said Bill, without any Amendment.
D. Beaufort's Reports delivered.
The Lord Keeper acquainted the House, "That
Mr. Justice Gould and Mr. Baron Bury were ready to
make their Report to this House, upon the Petition
of Henry Duke of Beaufort, referred to them, when
the House will please to receive the same."
Which Report being delivered; it was agreed, and
Ordered, That the same shall be read To-morrow, at
Eleven a Clock.
Bp. Oxford's Report delivered.
The Lord Keeper also acquainted the House, "That
Mr. Justice Powis and Mr. Justice Elencowe were
ready to make their Report to this House, upon the
Petition of William Lord Bishop of Oxford, referred
to them, when the House will please to receive the
same."
Which Report being delivered; it was agreed, and
Ordered, That the same shall be read To-morrow, at
Eleven a Clock.
Hyde's Report delivered.
The Lord Keeper also acquainted the House, "That
the Lord Chief Justice of Her Majesty's Court of
Queen's Bench and the Lord Chief Justice of Her
Majesty's Court of Common Pleas were ready to
make their Report to this House, upon the Petition
of William Hyde and Sarah his Wife, referred to
them, when the House will please to receive the
same."
Which Report being delivered; it was agreed, and
Ordered, That the same shall be read To-morrow, at
Eleven a Clock.
Williams's Report delivered.
The Lord Keeper also acquainted the House, "That
the Lord Chief Baron of Her Majesty's Court of
Exchequer and Mr. Justice Powell were ready to
make their Report, upon the Bill, intituled, "An Act
for Sale of certain Houses near Aldgate, in London,
late the Estate of William Williams Esquire, deceased;
and for purchasing Lands in Lieu thereof, when the
House will please to receive the same."
Which Report being delivered; it was agreed, and
Ordered, That the same shall be read To-morrow, at
Eleven a Clock.
Darrell's RPT.
After reading, and Consideration of, the Report of
Mr. Justice Powis and Mr. Justice Blencowe, upon the
Bill, intituled, "An Act for Sale of some Part of the
Estate of Henry Darrell Esquire, deceased; and
leasing, or mortgaging, other Part thereof, to raise
Money, to pay his Debts charged thereupon, and
for making Provision for His Widow and Younger
Children:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill be
read a Second Time To-morrow, at Eleven a Clock in
the Forenoon.
Supply, a free Ship, Bill.
A Message from the House of Commons by Mr.
Bridges and others:
Who brought up a Bill, intituled, "An Act for
making the Ship Supply a free Ship;" to which they
desire the Concurrence of this House.
Escapes out of Queen's Bench and Fleet Prisons prevent, Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act for
rendering more effectual an Act passed in the First
Year of Her Majesty's Reign, intituled, "An Act for
the better preventing Escapes out of The Queen's
Bench and Fleet Prisons."
Ordered, That the said Bill be committed to a
Committee of the whole House, To-morrow, at Eleven
a Clock.
La Croix & al. Nat.
Upon reading the several Petitions of Francis La
Croix and John Tavernall; praying Leave to be naturalized:
It is Ordered, That the Petitioners may be added
to a Bill of Naturalization now depending in this House,
according to the Prayer of the said Petitions.
West Riding of York, Register Bill.
Whereas this Day was appointed, for the House to
be put into a Committee upon the Bill, intituled, "An
Act for Enrolment of Bargains and Sales within the
West Riding of the County of York, in the Register
Office there lately provided; and for making the
said Register more effectual:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the House be put
into a Committee on the said Bill, on Tuesday the Five
and Twentieth Day of this Instant February, at Twelve a
Clock; and that the Judges do then attend.
Vis. Kingsland versus Barnwell et al.
Whereas Saturday the Two and Twentieth Day of
this Instant February was appointed, for hearing the
Cause wherein the Lord Viscount Kingsland of the
Kingdom of Ireland is Appellant, and Nicholas Barnwell
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, peremptorily,
on Friday the Eight and Twentieth Day of this Instant
February, at Eleven a Clock in the Forenoon.
Drake et al. Petition referred to Judges.
Upon reading the Petition of Jane Drake Widow
and Executris of the last Will of Mountague Drake
Esquire, deceased, and Guardian of Mountague Garrard
Drake, an Infant, his only Son and Heir, Sir Simon
Harcourt Knight, Her Majesty's Solicitor General, John
Drake, Esquire, William Jennens Esquire, and Bezaliel
Kn't Gentleman, Trustees named in the said Will;
shewing, "That, on the Fifteenth of June One Thousand Six Hundred Ninety-eight, the said Mountague
Drake did, by his last Will, devise his Manors of
Sutton Valence and Langley, and the Advowson of
the Church of Langley, and several Lands, Tenements, and Hereditaments, in the County of Kent, to
the Petitioner, the said Trustees, and Sir John Garrard since deceased, for the Term of Five Hundred
Years, in Trust, to raise Monies sufficient to pay his
Debts and Legacies: That, on the Seven and Twentieth of June One Thousand Six Hundred Ninetyeight the said Mountague Drake died, leaving Issue
Mountague Garrard Drake his only Son and Heir, and
Mary Drake his Daughter, and the Petitioner Jane
Drake: That the Testator's Debts and Legacies unpaid are about Eleven Thousand Six Hundred Eightytwo Pounds, and the Trust Estate about Six Hundred
and Ten Pounds per Annum; which is not sufficient
for raising thereof, unless a speedy Sale be made, not
only of the said Term, but also of the Inheritance:
That the Creditors and Legatees being very pressing
to have their Debts and Legacies paid; and being
for the Advantage of the said Infant, that the said
Inheritance, as well as the Term, should be sold;
and praying Leave that a Bill may be brought in,
for vesting the Fee, after the Expiration of the said
Five Hundred Years Term, in Trustees, to be sold,
together with the said Term, for Payment of the said
Debts and Legacies:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration
of the said Petition shall be, and is hereby, referred to
Mr. Justice Tracy and Mr. Baron Price; who are forthwith to summon all Parties that are to be concerned in
the Bill; and, after hearing them, to report to the
House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties concerned in the Consequences of the Bill have signed the
Petition.
Eyre's Bill.
Hodie 1a
vice lecta est Billa, intituled, "An Act
to vest certain Mills and Lands in Downton, in the
County of Wilts (the Estate of William Eyre, a Lunatic),
in Trustees, to be sold; and for applying Part of the
Monies arising by the Sale thereof for Payment of
the Debts of the said Lunatic; and making some Provision for Ambrose Eyre, his Eldest Son and Heir; and
for applying the Residue of such Monies in the purchasing of other Lands, to be settled to the same Uses
as the said Premises to be sold are now settled."
Chamberlaine versus Newte.
After hearing Counsel, the Twentieth of January
last, upon the Petition and Appeal of Roger Chamberlaine
Gentleman and Francis Plympton Gentleman, from a
Decree made in the Court of Exchequer, the Two and
Twentieth Day of April One Thousand Seven Hundred
and Six, on the Behalf of John Newte Clerk; praying
the Reversal of the said Decree, in relation to Tithes
due for a new-erected Horse Malt Mill, in the Borough
and Parish of Tiverton, in the County of Devon; as
also upon the Answer of the said John Newte put in
thereunto; it was ordered, "That the Judges shall be
heard, to this Point, Whether the Tithe payable for
Corn ground in a Horse Malt Mill is a Personal, Predial, or Mixed Tithe, and in what Manner Tithe is to be
paid for Corn ground in such Mill, if any Tithe is due
for the same?"
Judgement.
After due Consideration had of what was offered,
by Counsel, upon the said Petition and Answer; and
also upon hearing the Judges this Day: It is Ordered and Adjudged, by the Lords Spiritual and
Temporal in Parliament assembled, That the Decree
of the Court of Exchequer, complained of in the
Petition of Roger Chamberlaine and Francis Plympton,
shall be, and is hereby, reversed; and that the Plaintiff
in the Court below, John Newte (the now Respondent),
do recover his Tithes of the said Mill, in the Nature of a
Personal Tithe only; that is to say, the Tenth Part of
the clear Profits arising from Corn ground in the said
Mill, over and above all incident Charges; and, to that
End, an Accompt is to be taken of the Profits of the
said Mill, and Charges for the Time past, within the
Time of the Demand of the Plaintiff John Newtle Bill
in the Exchequer, and since; and that the said Tithes
do so continue to be paid for the future: And it is
hereby Ordered, That the said Court of Exchequer
do cause the said Accompt to be taken, and what shall
be found due thereon paid accordingly.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque ad et in diem
Martis, decimum octavum diem instantis Februarii, hora
undecima Auroræ, Dominis sic decernentibus.