House of Lords Journal Volume 16: 17 May 1698

DIE Martis, 17 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

House-breakers, for suppressing, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better Discovery and Suppressing of Housebreakers."

Sir C. Bradshaw versus D. Newcastle.

After reading Yesterday the Petition of Sir Cornwall Bradshaw; shewing, "That he having brought his Appeal into this House, to reverse several Decrees, Orders, and Proceedings, made in the High Court of Chancery, in Two several Causes there depending; in one of which, the Duke of Newcastle and John White Esquire were Plaintiffs, against the Petitioner and others Defendants; and the other, wherein the Petitioner and Whitlock Bulstrode Gentleman were Plaintiffs, and the said Duke and others Defendants;" and praying, "That his Petition and Appeal may be dismissed, as to so much of it as relates to the said Decrees, Orders, and Proceedings, had and made in the Court of Chancery; and that the said Decrees, Orders, and Proceedings, may be affirmed:"

And this Day Counsel being called in upon the said Appeal, and the Answer put in thereunto by the said Duke of Newcastle; the Counsel for Sir Cornwall Bradshaw agreed, "That his Petition of Appeal should be dismissed; and that the Decrees, Orders, and Proceedings, made in the Court of Chancery, therein complained of, should be affirmed."

To which the Counsel for the Duke of Newcastle consenting:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Sir Cornwall Bradshaw (so far as it concerns the Decrees, Orders, and Proceedings in the Court of Chancery) shall be, and is hereby, dismissed this House; and that the same Decrees, Orders, and Proceedings, shall be, and they are hereby, affirmed.

Relief of Creditors, in Cases of Bankruptcy, Bill to repeal the Act for;

Upon reading the Petition of several Creditors, their Executors, Administrators, and Trustees, on Behalf of themselves, and many other Creditors of Persons failed before the Seventeenth Day of November One Thousand Six Hundred Ninety-six; praying, "That they may be heard, by their Counsel, in relation to the Bill depending in this House, intituled, "An Act for Repeal of an Act, made the last Session of Parliament, intituled, An Act for Relief of Creditors, by making Compositions with their Debtors, in case Two Thirds in Number and Value do agree:"

Petition against it.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, as desired, on Thursday the Nineteenth Day of this Instant May, at Eleven of the Clock in the Forenoon, before the Second Reading of the said Bill.

Sir C. Bradshaw versus Sutton.

Whereas this Day was appointed for hearing Counsel, upon the Petition and Appeal of Sir Cornwall Bradshaw, from a Decree made in the Court of Exchequer; and the Answer of William Sutton put in thereunto:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel thereupon, on Monday the Three and Twentieth Day of this Instant May, at Eleven of the Clock.

Lottery Tickets, for better Payment of, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better and more orderly Payment of the Lottery Tickets now payable out of certain additional Duties of Excise, and of other Annuities lately payable out of the Tonnage Duties."

Message from H. C. with Articles of Impeachment against Goudet, & al.

A Message from the House of Commons, by Sir Rowland Gwyn and others:

Who brought up Articles of Impeachment, against John Goudet, David Barreau, Peter Longueville, Stephen Seignoret, Rene Baudowin, Nicholas Santini, and Peter Dihearse, Merchants, and John Pearse Gentleman.

ORDERED, That the said Articles of Impeachment be read To-morrow Morning.

Riccards versus Cornforth, in Error.

The House this Day having heard the Judges, upon the Writ of Error depending in this House, wherein Robert Riccards is Plaintiff, and Henry Cornforth Defendant; the following Judgement was made:

Judgement affirmed.

"After hearing Counsel, to argue the Errors assigned upon the Writ of Error brought into this House, the Five and Twentieth of February One Thousand Six Hundred Ninety-seven, to reverse a Judgement given for Henry Cornforth, against Robert Riccards, in the Court of Common Pleas, in a Cause wherein the said Robert Riccards was Plaintiff, and Henry Cornforth Defendant, and the Affirmation thereof in His Majesty's Court of King's Bench: Upon due Consideration of what was offered thereupon, it is this Day ORDERED and Adjudged by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of Common Pleas, and the Affirmation thereof in His Majesty's Court of King's Bench, shall be, and is hereby, affirmed."

The Tenor of which Judgement, to be affixed to the Record to be remitted, followeth; (videlicet),

"Et quia Cur. Parliamenti nunc hic de Judicio suo de et super Præmiss. reddend. nondum advisatur, Dies inde dat. est Partibus præd. coram eadem Cur. Parliamenti apud Westm. usque Diem Martis, Decimum septimum Diem Maii ex tunc prox. sequen. de Judicio suo inde audiend. eo quod Cur. Parliamenti præd. hic inde nondum &c. Ad quem Diem, in eadem Cur. Parliamenti apud Westm. præd. ven. Partes præd. per Attorn. suos præd.; super quo, vis, et per eand. Cur. Parliamenti nunc hic plenius intellectis omnibus et singulis Præmissis, maturaque Diliberatione superinde habita, videtur eidem Cur. nunc hic, quod nec in Record. et Process. præd. nec in Affirmatione Judicii præd. in ullo est Errat. ac quod Record. illud in nullo vitiosum aut defectivum in Lege existit: Ideo cons. est per eandem Cur. Parliamenti nunc hic, quod Judic. præd. nec non Affirmatio ejusdem in omnibus affirmentur, ac in omni suo Robore stent et Effectu; dict. Caus. et Mater. superius pro Error. assign. in aliquo non obstant."

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir Rowland Gwyn and others:

Who brought up a Bill, intituled, "An Act for naturalizing Hillary Reneu and others;" to which they desire the Concurrence of this House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) decimum octavum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.