House of Lords Journal Volume 17: 15 February 1703

DIE Lunæ, 15 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for punishing Officers or Soldiers, who shall mutiny, or desert Her Majesty's Service, in England or Ireland; and for punishing false Musters, and for better Payment of Quarters in England."

ORDERED, That the said Bill be committed to a Committee of the whole House, To-morrow, at One a Clock.

Message from H. C. to return Sir E. William's Bill.

A Message was brought from the House of Commons, by Mr. Lloyd and others:

To return the Bill, intituled, "An Act to enable Sir Edward Williams to sell certain Manors and Lands, in the Counties of Brecon and Radnor, for Payment of Debts;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.

Members of H. C. Qualification Bill.

ORDERED, That the Bill, intituled, "An Act for providing, that no Persons shall be chose Members of the House of Commons, but such as have sufficient Real Estates," shall be read the Second Time on this Day Sevennight, at Twelve a Clock; and all the Lords summoned to attend.

Whitaker, to accompt for Public Monies, Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act to oblige Edward Whitaker to accompt for such Sums of Public Money as hath been received by him."

Whitaker to be heard against it.

Upon reading the Petition of Edward Whitaker Gentleman, late Solicitor to the Admiralty and Navy; shewing, "That a Bill being brought to this House, from the House of Commons, to oblige the Petitioner to accompt again for the Monies received by him while in the said Employment, which will put great Hardships upon him, he having passed his Accompts several Years since; and praying, that he may be heard, by his Counsel, at the Bar, against the said Bill; and that the original Orders and Books, which are in the Navy-office, relating to the passing the Petitioner's Accompts, be brought to this House, to be made Use of by the Petitioner."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard, as desired, on Wednesday next, at Eleven a Clock, before the Second Reading of the said Bill; and that the original Orders and Books, which are in the Navyoffice, relating to the passing the Petitioner's Accompts, be laid before this House at the said Hearing, to be made Use of by the said Petitioner.

War in The West Indies, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better carrying on the War by Sea and Land in the West Indies."

The Question was put, "Whether this Bill, with the Amendments, 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 John Hoskyns and Sir Robert Legard:

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

Journals of the D. of Ormond and Flag Officers, Report about, to be made.

The House being informed, "That the Lords Committees, appointed to consider of the Duke of Ormond's and Flag Officers Journals in the late Expedition to Cadiz and Vigo, are ready to make their Report, when the House shall think fit:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Report shall be made To-morrow, at Twelve a Clock; and to be considered on Wednesday next, at the same Time; and all the Lords summoned to attend.

List of Licenses to come from France in the late Reign.

The Earl of Nottingham delivered a List of the Persons who had Licenses to come out of France, in the Reign of the late King William the Third:

Causes to be heard.

The House being moved, "To appoint a Day, for hearing the Causes now depending in this House:"

It is thereupon ORDERED, That on Thursday next, at Eleven a Clock precisely, this House will proceed to hear the Cause wherein Dame Elizabeth Northcot is Appellant, and Sir Francis Northcot and Alice Northcot Widow are Respondents; and the other Causes to come on in Course, de Die in Diem, until all the Causes now depending be heard.

Warburton versus Warburton:

After hearing Counsel, upon the Petition and Appeal of Alice Warburton and Hester Warburton, Daughters and Executrixes of Robert Warburton Esquire, deceased, from Part of a Decree made in the Court of Chancery, the Seventeenth Day of October and Eighth Day of November One Thousand Seven Hundred; and the Affirmation thereof, on the Thirteenth of May, One Thousand Seven Hundred and One, on the Behalf of Peter Warburton Esquire; and praying, "That so much of the said Decree as gives the Respondent a Double Share of the Personal Estate, and of the Four Hundred Pounds therein mentioned, and also from the Denial of Costs for the Appellants, may be reversed;" as also upon the Answer of the said Peter Warburton put in thereunto; and due Consideration of what was offered thereupon:

Judgement affirmed, with Costs.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Alice Warburton and Hester Warburton shall be, and is hereby, dismissed this House; and that the Decrees therein complained of, and the Affirmation thereof, shall be, and they are hereby, affirmed: And it is further ORDERED, That the Appellants Alice Warburton and Hester Warburton shall pay, or cause to be paid, unto the Respondent Peter Warburton, the Sum of Ten Pounds for his Costs, in defending the said Appeal in this House.

Warburton versus Warburton, et è contra:

After hearing Counsel, upon the Petition and Appeal of Peter Warburton, being a Cross Appeal to the Petition and Appeal of Alice Warburton and Hester Warburton, from a Decree and Orders made in the Court of Chancery, in a Cause wherein the Petitioner was Complainant, against the said Alice Warburton and Hester Warburton; Executrixes of Robert Warburton Esquire, deceased, John Warburton Doctor in Physic, Mathew Henry and Mary his Wife, were Defendants; and praying; That so much of the said Decree and Orders as directs the raising, charging, and paying the Two Hundred and Thirty-eight Pounds, Eleven Shillings, and Six Pence, in the said Appeal mentioned, and Interest, and disallows him his Costs of the said Suit, may be set aside and reversed; and that Costs may be taxed, and paid to him;" as also upon the Answer of the said Alice Warburton and Hester Warburton, Daughters and Executrixes of Robert Warburton Esquire, John Warburton Doctor in Physic, Mathew Henry and Mary his Wife put in thereunto; and due Consideration of what was offered thereupon:

Judgement affirmed.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Peter Warburton shall be, and is hereby, dismissed this House; and that the Decree and Orders therein complained of shall be, and they are hereby, affirmed.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for granting to Her Majesty several Subsidies, for carrying on the War against France and Spain;" to which they desire the Concurrence of this House.

Adjourn.

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