House of Lords Journal Volume 17: 12 January 1703

DIE Martis, 12 die Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Erle, Leave for a Bill.

Upon reading the Petition of Thomas Erle Esquire; praying Leave to bring in a Bill, to empower the Executors and Trustees of Sir Charles Ralegh to transfer to the Petitioner Eight Hundred Pounds Capital Stock in the Bank of England:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath hereby Leave to bring in a Bill, as desired.

Messages from H. C. with Bills.

A Message from the House of Commons, by Mr. Cross and others:

Who brought up a Bill, intituled, "An Act for the better improving a certain Piece of Ground, in the Parish of St. Martin's in the Fields, for the Use of the Poor, and for other the Purposes therein mentioned;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by Mr. Vernon and others:

Who brought up a Bill, intituled, "An Act to enable the Devisees of James Supple, and all claiming under them, to make Leases, for the Improvement of the Estate devised;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by Sir Robert Edon and others:

Who brought up a Bill, intituled, "An Act to enable John Ardern Esquire to pay his Father's Debts, and make Provision for his Brother and Sister;" to which they desire the Concurrence of this House.

Ardern's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable John Ardern Esquire to pay his Father's Debts, and make Provision for his Brother and Sister."

Parker versus Burroughs.

The House being moved, "That a Day may be appointed, for hearing of the Cause wherein Anthony Parker is Appellant, and Humphry Burroughs and George Reynolds 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, on Friday the Two and Twentieth Day of this Instant January, at Eleven a Clock.

Fane's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the surviving Trustees and Executors of the last Will and Testament of Thomas Fane Esquire, deceased, to pay an Annuity to Mildmay Fane, for his Maintenance and Education, till he shall attain his Age of One and Twenty Years."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Richard Holford and Doctor Edisbury:

To carry down the said Bill, and desire their Concurrence thereunto.

Pierson versus Miles & al.

The House being moved, "That a Day may be appointed, for hearing of the Cause wherein William Pierson is Appellant, and Thomas Miles and William Miles 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, on Tuesday the Six and Twentieth Day of this Instant January, at Eleven a Clock.

Fowler's and Buggin's Bill.

The Lord Howard of Escrick reported from the Lords Committees, the Bill, intituled, "An Act for confirming and establishing a Partition made by Sir Edmond Fowler Knight, and Dame Anne his Wife, and Elizabeth Buggin Widow, of certain Manors and Lands, in the County of Kent, in the Year One Thousand Six Hundred Thirty-four," as fit to pass, with One Amendment.

Which was read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendment.

E. Huntingdon versus Countess Dowager Huntingdon & al.:

After hearing Counsel upon the Petition and Appeal of the Right Honourable George Earl of Huntingdon, from Part of a Decree made in the Court of Chancery, the Twelfth Day of May last, on the Behalf of Frances Countess Dowager of Huntingdon, Theophilus, Ferdinando, Anne, Frances, Katherine, and Margaret Hastings, Children of the said Countess, by Theophilus Earl of Huntingdon her late Husband deceased, Sir Philip Meadows, and John Gery; and praying, "That such Part of the said Decree as is complained of in the said Appeal may be reversed and set aside; and the Premises discharged from any Demands the Respondents or any of them pretend to have, in respect of Four Thousand Five Hundred Pounds, and Interest, in the Appeal mentioned:" As also upon the Answer of the Right Honourable Frances Countess Dowager of Huntingdon, and of Theophilus Hastings, Ferdinando Hastings, the Ladies Anne, Frances, Katherine, and Margaret Hastings, Children of the said Countess, by the Right Honourable Theophilus Earl of Huntingdon her late Husband deceased, being all of them Infants of tender Years, by the said Countess, their Mother and Guardian; and also the Answers of Sir Philip Meadows Knight, and John Gery Doctor of Laws, Trustees for the said Infants, put in to the said Appeal; and due Consideration of what was offered thereupon:

Judgement.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Decree as is complained of in the Petition and Appeal of George Earl of Huntingdon shall be, and is hereby, reversed; and that the Premises in Question shall be discharged from any Demands, the Respondents the Countess of Huntingdon, or her Children, or their Trustees, or either of them, pretended to have, in respect of the Four Thousand Five Hundred Pounds, and Interest; and that the Term in the Petition mentioned shall be assigned as the Petitioner George Earl of Huntingdon shall direct or appoint; and that the Profits of the Estate in Question, which grew due, and were received by the Earl's Father Theophilus Earl of Huntingdon, after the Death of his late Countess Elizabeth, or by his Executors since his Death, shall be accounted for to the present Earl, without being discounted out of the Money pretended due on the Mortgage; but the Master, to whom the said Accompt stands, referred, is to make the Respondents all such Allowances for the now Earl's Maintenance and Education, and for all Monies laid out and expended in or about the Management and Preservation of the said Estate, and all other just Allowances, as in the Decretal Order in Chancery are directed, and not hereby reversed.

Queen to be attended with the Address.

The Lord Chamberlain reported, "That he had attended Her Majesty, to know what Time She will please to appoint, for this House to attend Her with their Address; and that Her Majesty was pleased to appoint To-morrow, at Four a Clock at St. James's."

Act of Settlement, Bill to explain a Clause in, concerning Persons created Peers who were born Abroad.

Hodie 1^a vice lecta est Billa, intituled, "An Act to explain a Clause in an Act, made in the Twelfth Year of His late Majesty's Reign, intituled, An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject."

ORDERED, That the said Bill be read a Second Time To-morrow; and all the Lords to be summoned; and that the Judges do attend.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum tertium diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.