House of Commons Journal Volume 11: 19 February 1695

Pages 237-238

Journal of the House of Commons: Volume 11, 1693-1697. Originally published by His Majesty's Stationery Office, London, 1803.

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Page 237
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Martis, 19 die Februarii;

7° Gulielmi Tertii.


Cliston's Estate.

AN ingrossed Bill, from the Lords, intituled, An Act to vest in Trustees certain Lands of Sir Gervase Clifton Baronet, in the County of Nottingham, for Payment of Debts, and raising Portions for younger Children, was read the First time.

Resolved, That the Bill be read a Second time.

Pit's Deed of Trust, &c.

A Message from the Lords, by Sir Miles Cook and Mr. Holford:

Mr. Speaker,

The Lords have passed a Bill, intituled, An Act for supplying certain Defects in the Directions made in and by a Deed of Trust, and the last Will of George Pit Esquire, deceased, for settling his Estate: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Writ of Error in which a Member is concerned.

Mr. Boyle reported from the Committee of Privileges and Elections, to whom it was referred to examine and report the Matter touching a Motion, made to the House the Fourth Instant, for Direction to make out a Writ of Error, in a Case wherein a Member of this House is concerned, in Interest, and in Possession, upon a Judgment at Law, That they had examined the same accordingly; and had directed him to report the same to the House; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same was read; and is as followeth; viz.

That upon producing of the Record to the Committee, they do find,

That in Hilary Term, 34 and 35 Car. 2di. there was an Action of Trespass and Ejectment brought in the Court of King's Bench; wherein Christopher Dighton was Plaintiff, and Bernard Granvill Esquire, Defendant; upon Three several Demises of the Manor of Marr, and other Lands lying in Marr, Bentley, and Thorpe, in the County of York, for Twelve Years: One Demise was of Theophilus Earl of Huntingdon; another of Robert Earl of Scarsdale; and the Third of Elizabeth Lewis Widow.

This Cause came to be tried in Easter-Term following; and the Jury found a Special Verdict: And 2 Jacobi 2di. after several Continuances by Curia advisare vult, Judgment was entered in the said Court of King's Bench, for the Defendant.

Afterwards, a Writ of Error was brought to remove the Record of the said Judgment out of the Court of King's Bench into the Exchequer Chamber; which Writ of Error bears Test 25 Novem. 2 Jac. 2di.

27 Nov. 6° Willielmi et Mariæ, the Judgment given in the King's Bench was affirmed in the Exchequer Chamber.—

—Thus it appeared by the Record.

Mr. Dighton, being called in, and heard in the Matter, said, That his Name was made use of by the Earls of Huntington and Scarsdale; and that Mr. Granville claimed under an old Statute: That Mr. Granville, some time since, recovered in the Common Pleas, in an Action of Ejectment, wherein Lewis was Defendant; and thereupon had Possession.

That by this means the Earls of Huntington and Scarsdale became Plaintiffs in the King's Bench.

Mr. Dighton also produced a Copy of an Order of the House of Lords of 14 Nov. 1685; setting forth, That Mr. Granville had petitioned against the Earl of Hunttington for claiming Privilege of Parliament to stop Proceedings at Law, which he had commenced against the said Earl; by which Order the waving of the Privilege of the Earl and Mr. Granville is recorded.

Mr. Granville, by way of Reply, insisted, That that Order was made, and the Privilege waved, in another Action, which was determined; and that the said Earl had resumed his Privilege after he had waved the same: And produced a Copy of an Order of Chancery, of 26 Febr. 32 Car. II. by which it appeared, That the said Earl and Mr. Granville had consented, both, to wave their Privilege in an Ejectment brought for the Manor of Marr, against Eliz. Lewis; as also a Copy of a Writing, under the Hand and Seal of the said Earl of Huntington, dat. 26 Febr. 33 Car. II. by which he insisted on his Privilege of Parliament; and enjoined all Counsellors, Attornies, and Solicitors, not to give him any Trouble for the same.

Mr. Hungerford, a Member of the House, and Cursitor for Yorkshire, produced a Note under Mr. Granvill's Hand, whereby he gave him Notice, That he insisted on his Privilege; and therefore desired, That neither Mr. Hungerford, nor any of his Clerks, would make out a Writ of Error in the said Cause.

Mr. Hungerford also informed the Committee, That he had been threatened to have an Action brought against him, if he did not make out the said Writ of Error.

Ordered, That the said Report do lie upon the Table to be perused by the Members of the House.

Grand Committee of Trade.

Ordered, That the Grand Committee of Trade do sit every Tuesday, Thursday, and Saturday, in the Afternoon.

Abuses in Army Agen

Ordered, That the Committee appointed to prepare an humble Representation to be made to his Majesty do sit de diem in diem.

Elections—incapacitating Persons refusing Oaths.

Ordered, That the Bill to disable all Persons from voting in Elections of Members to serve in Parliament, who shall refuse to take the Oaths to the Government, be read a Second time upon Friday Morning next, after a Eleven a Clock.

Ways and Means.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supply to be granted to his Majesty, for carrying on the W against France with Vigour.

Mr. Speaker left the Chair.
Sir Thomas Littleton took the Chair of the Committee.
Mr. Speaker resumed the Chair.

Sir Thomas Littleton reported from the said Committee, That they had proceeded upon the Charge of the Civil List, from Michaelmas 1693, to Michaelmas 1694; the Consideration whereof was formerly referred to them; and that having postponed several Articles thereof, viz. the Fees and Salaries payable to divers Persons at the Exchequer; and the Bounty-money of their Majesties paid there; and also the Monies paid for Contingencies; they had directed him to move, That an Account of what had been paid, for some Years past, upon those Articles and Heads, might be laid before the House.

Ordered, That the Lords Commissioners of the Treasury do forthwith lay before this House an Account of what hath been paid, for the Three preceding Years, upon the said Articles and Heads.

Sir Thomas Littleton also acquainted the House, That he was directed by the said Committee to move, That they may have Leave to sit again.

Resolved, That this House will, upon Thursday Morning next, resolve itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supply to be granted to his Majesty, for carrying on the War against France with Vigour.

African Company.

Ordered, That the Consideration of the Report from the Committee, to whom the Petition of the Royal African Company of England was referred, be adjourned until Friday Morning next.

E. Pauncefort attends in Custody.

Mr. Edward Pauncefort attending, in Custody, according to Order;

Ordered, That he be brought, in Custody, to attend this House To-morrow Morning.


Ordered, That all Committees, except such as are, by Adjournment, to sit To-morrow Morning, be adjourned.

And then the House adjourned till To-morrow Morning, Nine a Clock.