DIE Mercurii, 18 Januarii.
Domini tam Spirituales quam Temporales præsentes
|Ds. Cowper, Cancellarius.
Comes Nottingham, Præses.
Comes Sunderland, C. P. S.
Dux St. Albans.
Dux Bucks & Nor.
Comes De Loraine.
Ds. Howard Eff.
Archbishop of Canterbury takes the Oaths.
This Day William Lord Archbishop of Canterbury
took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Bishop of Gloucester to preach 30th Inst.
Ordered, That the Lord Bishop of Gloucester be,
and he is hereby, desired to preach before this House, in
the Abbey Church, Westminster, on the Thirtieth Day
of this Instant January.
Message from H. C. with a Bill.
A Message was brought from the House of Commons,
by Mr. Lechmere and others:
With a Bill, intituled, "An Act for continuing an
Act of this present Session of Parliament, intituled,
An Act to empower His Majesty to secure and detain
such Persons as His Majesty shall suspect are conspiring against His Person and Government;" to which
they desire the Concurrence of this House.
Habeas Corpus Act, to suspend, Bill.
The said Bill was read the First Time, and ordered
to be read a Second Time To-morrow Morning.
Ld. Faulkland, Possession of the late Mr. Bertie's Estate, to be delivered to him.
The Earl of Clarendon reported from the Lords Committees, to whom was referred the Consideration of the Petition of the Right Honourable Lucius Henry Lord Viscount
Faulkland; reciting, "That John Cary, late of Stanwell,
in the County of Midd'x, Esquire, did, by his last Will
and Testament, in Writing, dated the Tenth of September 1685, give and devise all his Estate (except as
therein is excepted) in Trust for the Honourable Elizabeth Willoughby, on the Condition therein expressed;
and also directed all his Personal Estate (except his
Plate) in and about his Mansion-house at Stanwell,
should be preserved, for the Benefit of such who by
Virtue of his Will should enjoy the said Mansionhouse at Stanwell and Estate there; and the said John
Cary dying, and the Appointment in the said Will not
being fulfilled, the Petitioner, by his next Friend, exhibited his Bill in Chancery, against James Bertie
Esquire and Elizabeth his Wife, for Possession of the
said Estate; and they also exhibited their Bill against
the Petitioner, claiming also the same Estate; and the
Cause being heard on the 26th of January 1697, by
the then Lord Chancellor, Mr. Bertie's and his Wife's
Bill was dismissed, and Possession of the Estate was
decreed to be forthwith delivered to the Petitioner,
and an Accompt of the Profits thereof from the Death
of Mr. John Cary, or the Lord Faulkland, that died
last; and the Trustees to execute a Conveyance to the
Petitioner according to the said Will, and an Accompt
of the Personal Estate was also decreed; and the Consideration of Costs was reserved; and the Recognizance given by the Petitioner to be vacated, and it
was referred to Mr. Pitt;" and further reciting, "That
the said Mr. Bertie and his Wife afterwards appealed
to this House against the said Dismission and Decree;
and the said Cause being heard on the 21st of March
1697, their Lordships did order and adjudge, "That
the Trustees should forthwith execute Conveyances,
whereby all the Manors, Lands, Tenements, and Hereditaments, of the said John Cary, by his last Will devised unto them, should be assured unto, or to the
Use of, the said Elizabeth Bertie for her Life, with
Remainder to the Petitioner and the Heirs Males of
his Body, with Remainder to the right Heirs of the
said John Cary for ever; and that there should not be
any Accompt of the Profits of the said Premises for
the Time past; and that the Goods of the said Mr.
Cary should go and remain according to the Directions
of his Will; and that so much and such Part of the
said Order of Dismission, and of the said Decree, on
the Behalf of the Petitioner, as was contrary to, or inconsistent with, the said Judgement, should be, and is
hereby reversed:" That, pursuant to the said Judgement, the said Mr. Bertie and Elizabeth his Wife enjoyed the said Estate till about the Twenty-sixth of
September last, when the said Elizabeth Bertie died,
whereby the said Estate is vested in the Petitioner;"
and praying, "That the said Order and Judgement of
this House may be revived, and carried into Execution; that the Trustees may be obliged forthwith to
execute Conveyances of the Estate, pursuant to their
Lordships said Judgement; and that Possession of the
Estate and Goods in the Mansion-house at Stanwell
may be forthwith delivered to the Petitioner:"
"That the Committee have considered the said Petition,
and heard Counsel for the Petitioner, as also Counsel
for the said Mr. Bertie; and also inspected Precedents
touching Directions given by this House to the Court
of Chancery, in relation to Judgements on hearing
Appeals; and are of Opinion, That Possession of the
Lands, Tenements, and Hereditaments, devised by
the Will of the said John Cary, and which were decreed by the House of Lords to be conveyed as aforesaid, be ordered to be forthwith delivered, by the said
Mr. Bertie and the respective Tenants of the said Estate,
to the Petitioner, except the said Mansion-house at
Stanwell, with the Appurtenances, of which Possession
ought not to be delivered to the Petitioner till after
the Court of Chancery have settled what Goods are
to go along with the said Mansion-house; and that it
be referred to the said Court, to distinguish and ascertain what Goods are, by virtue of the Will of the
said John Cary, to be held and enjoyed with the said
Mansion-house, and what belongs to the said Mr.
Bertie; and, after the Allowance of a convenient Time
for removing such Goods as shall be found to belong
to the said Mr. Bertie, Possession be likewise ordered
to be delivered to the Petitioner of the said Mansionhouse and Appurtenances; and that the Court of
Chancery be also directed to cause proper Conveyances to be prepared, and executed by all proper Parties, according to the said Judgement of this House,
and to carry on into Execution any other Matter contained in the said Judgement, or in the said Decree of
the Court of Chancery, not reversed or altered by
the said Judgement."
Which Report, being read by the Clerk, was agreed
to by the House; and thereupon,
Ordered, That Possession of the Lands, Tenements,
and Hereditaments, devised by the Will of the said John
Cary, and which were decreed by this House to be conveyed as aforesaid, be forthwith delivered, by the said
Mr. Bertie and the respective Tenants of the said Estate,
to the Petitioner; except the said Mansion-house at Stanwell, with the Appurtenances, of which Possession ought
not to be delivered to the Petitioner till after the Court
of Chancery have settled what Goods are to go along
with the said Mansion-house: And it is hereby referred
to the said Court of Chancery, to distinguish and ascertain what Goods are, by virtue of the Will of the said
John Cary, to be held and enjoyed with the said Mansion-house, and what belongs to the said Mr. Bertie;
and that, after a convenient Time is allowed for removing
such Goods as shall be found to belong to the said Mr.
Bertie, Possession is hereby likewise ordered to be delivered to the Petitioner of the said Mansion-house and
Appurtenances; and the Court of Chancery is hereby
also directed to cause proper Conveyances to be prepared, and executed by all proper Parties, according
to the said Judgement of this House, and to carry on
into Execution any other Matter contained in the said
Judgement, or in the said Decree of the Court of Chancery, not reversed or altered by the said Judgement.
Then an Addition was proposed to be made thereunto.
And the same was agreed, in the Words following;
"And it being alledged, that several of the said
Lands, Part of the Estate directed to be forthwith
put into the Petitioner's Possession, were, at the Time
of the Death of the said Elizabeth Bertie, manured and
ploughed, and Seed then sown on the said Lands, or
provided ready for that Purpose; for which the Petitioner is willing an Allowance should be made: It is
therefore hereby further directed, That the Court of
Chancery do make such Allowance to the said Mr.
Bertie, in respect thereof, as to that Court shall seem
just and reasonable."
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum nonum diem instantis Januarii, hora undecima
Auroræ, Dominis sic decernentibus.