DIE Lunæ, 24 Januaril.
Domini tam Spirituales quam Temporales præsentes
Epus. Lich. & Cov.
Comes Godolphin, Thesaurarius.
Ds. Sommers, Præses.
Dux Newcastle, C. P. S.
Comes Pembroke, Admirallus.
Dux Buckingham & Normanby.
March. Kent, Camerarius.
|Ds. Howard Eff.
Ds. (fn. *)
Lacy & al. Leave for a Bill.
After reading, and considering, the Report of the Lord
Chief Justice of Her Majesty's Court of Common Pleas
and the Lord Chief Baron of Her Majesty's Court of
Exchequer, to whom was referred the Petition of John
Lacy Esquire and Susanna his Wife, on Behalf of themselves and others; praying Leave to bring in a Bill, for
the Purposes in the Petition mentioned:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have
hereby Leave to bring in a Bill, according to the Prayer
of the Petition.
Message from H. C. with a Bill.
A Message from the House of Commons, by Mr.
Compton and others:
Who brought up a Bill, intituled, "An Act for the
speedy and effectual recruiting Her Majesty's Land
Forces and Marines, for the Service of the Year One
Thousand Seven Hundred and Nine;" to which they
desire the Concurrence of this House.
Land Forces, &c. for recruiting, Bill.
vice lecta est Billa, intituled, "An Act for
the speedy and effectual recruiting Her Majesty's Land
Forces, for the Service of the Year One Thousand
Seven Hundred and Nine."
Att. General versus Crofts & al.
After hearing Counsel, upon the Petition and Appeal
of Her Majesty's Attorney General, from a Decree of
Dismission made in the Court of Exchequer, in a Cause
there lately depending, between Her Majesty's Attorney
General Complainant, against Roger Crofts, John Smith,
Job Allybone, Nevill Ridley, Dixwell Hungerford, Thomas
Ange, Roger Woodcock, Robert Strickland, and others,
Defendants, the Two and Twentieth Day of November
last, and from several Orders and Directions made and
given by the said Court in the said Cause; and praying
the Reversal and setting aside of the said Decree of
Dismission: As also upon the Answer of Roger Crofts
Esquire, Job Allibone Gentleman, Nevill Ridley Esquire,
Thomas Ange Gentleman, Roger Woodcock Gentleman,
and Mary Maddison Widow, put in to the said Petition
and Appeal; and due Consideration of what was offered
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the Decree
of Dismission, complained of in the said Appeal, shall
be, and is hereby, reversed; and that the Appellant,
Her Majesty's Attorney General, be admitted to redeem
the Premises in Question, paying what is due to the Respondents for the Principal Sum of One Thousand
Pounds, with all Interest due for the same; and that
the Respondents the Mortgagees accompt for the Profits of the mortgaged Estate received by themselves, or
by Crofts, or any other Person whatsoever, other than
the Crown, or those claiming under or authorized by
the Crown, from the Time of the First Judgement of
the Amoveas Manus to the Time of the Accompt (the
Respondents either having received, or wilfully and by
Collusion neglected to receive, the Profits, during such
Time), and on such Accompt for the Profits, the Respondents are to have Allowance of all Monies already
paid by Order of the Court, or otherwise, and all just
Allowances; and that the Deputy Remembrancer of the
Court of Exchequer make a Rest, and state if any
Thing, and what, was due to the Respondents the Mortgagees at the Time of the Bill exhibited; and if it
shall appear that the said Respondents were fully satissied all Principal and Interest due on their Mortgage at
or before the Time of the Bill exhibited, then the Respondents are to have no Costs; but if otherwise, then
the said Respondents the Mortgagees are to have Costs
taxed, and allowed to them; and upon the Attorney
General's paying, or causing to be paid, what shall so
remain due to the said Respondents the Mortgagees, for
Principal, Interest, and Costs, then the Respondents are
to convey, or cause to be conveyed, to the Attorney
General, or such as he shall appoint, all their Estate,
Title, and Interest, in the Premises in Question; and to
deliver Possession thereof, and all Deeds and Writings
in their Custody or Power, relating to the Premises, to
the Attorney General, or such as he shall appoint; and
are hereby indemnified for so doing: But if it shall appear, on the taking of the Accompt above directed,
that the Respondents the Mortgagees are over-paid,
then they are to refund and pay to the Attorney General, or such Person as he shall appoint, all such Sums
of Money as it shall appear they are over-paid, as aforesaid; and are also to re-convey, deliver Possession, and
all Deeds and Writings, as aforesaid; and that the
Court of Exchequer do take Care the same be done and
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum quintum diem instantis Januarii, hora undecima
Auroræ, Dominis sic decernentibus.