House of Lords Journal Volume 18: 1 February 1707

DIE Sabbati, 1 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Messages from H. C. with Bills.

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

Who brought up a Bill, intituled, "An Act for Enrolment of Bargains and Sales within the West Riding of the County of York in the Register-office there lately provided; and for making the said Register more effectual;" to which they desire the Concurrence of this House.

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

Who brought up a Bill, intituled, "An Act for continuing the Acts formerly made, for repairing of the Highways in the County of Hertford;" to which they desire the Concurrence of this House.

Yarmouth Coal Duties, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for regulating and ascertaining the Duties to be paid by the Unfreemen, Importers of Coals into the Port and Borough of Great Yarmouth, in the County of Norfolke."

King's Petition referred to the Judges.

Upon reading the Petition of Daniel King and Jane his Wife; praying Leave to bring in a Bill, for Sale of Lands and Tenements in the Petition mentioned; and for purchasing other Lands, in Fee Simple, of the same or greater Value, suitable to the Circumstances of the Petitioners and their Family, to be settled to the same Uses; and for giving Liberty to Jane Nicoll, and the Executors of Sir William Prichard, to pay Two Sums, of Four Thousand Pounds and Two Thousand Pounds, in the Life-time of the said Jane Nicoll:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Justice Tracy and Mr. Baron Price; who are forthwith to summon all Parties that are to be concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties concerned in the Consequences of the Bill have signed the Petition.

Braddyl versus Sawbridge, in Error:

Upon reading the Petition of John Braddyl, Defendant in a Writ of Error brought into this House by George Sawbridge and Thomas Chamberlaine Plaintiffs, the Sixteenth Day of December last; alledging, "That the same is purely for Vexation and Delay; and that, by the Standing Rules of this House, the Plaintiffs ought to have assigned Errors thereupon within Eight Days after the bringing of the same, which they have not done;" and praying, "That the said Writ of Error may be discontinued:"

Writ of Error discontinued.

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Writ of Error shall be, and is hereby, discontinued; and that the Record shall be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, is as followeth:

"Et postea, scilicet, Primo Die Februarii, Anno Domini Millesimo Septingentesimo Sexto, Anno Regni dictæ Dominæ Reginæ nunc Angl. &c. Quinto, usque quem Diem prædicti Georgius et Thomas habuere Licentiam Error. in Record. præd. assign. venit præd. Joh'cs Braddyl; et præd. Georgius et Thomas non vener. nec Error. in Record. præd. assignaverunt: Ideo consideratum est per eandem Curiam Parliamenti, co quod præd. Georgius et Thomas Breve de Error. præd. non prosecut. sunt, et quod Record. et Process. præd. in præd. Cur. dictæ Dominæ Reginæ coram ipsa Regina remittantur, pro Executione inde pro præd. Joh'e Braddyl fiend."

Mackintosh's Petition referred to Judges.

Upon reading the Petition of William Mackintosh and Mary his Wife, Niece of Anne Winwood deceased; praying Leave to bring in a Bill, to enable Trustees to sell Lands in the Petition mentioned, for Payment of what is due upon the Mortgage therein mentioned; as also what is due to the Petitioner Mary, for the Arrears of her daily Maintenance; and laying out the Residue of the Money arising by such Sale in the Purchase of other Lands, to be settled to the same Uses as the Lands in the Petition mentioned are settled:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Justice Gould and Mr. Baron Bury; who are forthwith to summon all Parties that are to be concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties concerned in the Consequences of the Bill have signed the Petition.

Darell's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of some Part of the Estate of Henry Darell Esquire, deceased, and leasing or mortgaging other Part thereof, to raise Money, to pay his Debts charged thereupon, and for making Provision for his Widow and Younger Children."

Upon the First Reading of the Bill, intituled, "An Act for Sale of some Part of the Estate of Henry Darell Esquire, deceased, and leasing or mortgaging other Part thereof, to raise Money, to pay his Debts charged thereupon, and for making Provision for his Widow and Younger Children:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Bill shall be, and is hereby, referred to Mr. Justice Powis and Mr. Justice Blencowe; who are forthwith to summon all Parties that are to be concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Williams's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of certain Houses, near Aldgate, in London, late the Estate of William Williams Esquire, deceased; and for purchasing Lands in Lieu thereof."

Upon the First Reading of the Bill, intituled, "An Act for Sale of certain Houses near Aldgate, in London, late the Estate of William Williams Esquire, deceased; and for purchasing Lands in Lieu thereof:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Bill shall be, and is hereby, referred to the Lord Chief Baron Ward and Mr. Justice Powell; who are forthwith to summon all Parties that are to be concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

West Riding York, Register Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Enrolment of Bargains and Sales within the West Riding of the County of York in the Register-office there lately provided; and for making the said Register more effectual."

Clerke versus Ward:

After hearing Counsel, upon the Petition and Appeal of Winifred Clerk Spinster, an Insant under the Age of One and Twenty Years, by Susan Bee Widow, her Grandmother and next Friend, from an Order or Decree of Dismission of the Court of Chancery, dated the Six and Twentieth Day of February in the Thirteenth Year of King William the Third, made in a certain Cause there depending, wherein the Petitioner, by her said Friend, was Complainant, and John Ward Clerk Defendant; and praying "the Reversal of the said Order or Decree:" As also upon the Answer of the said John Ward 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 shall be, and is hereby, dismissed this House; and that the Decree therein complained of shall be, and is hereby, affirmed.

Ensworth versus Griffiths.

Upon reading the Petition of William Ensworth and Katherine his Wife, and Edward Lloyd, an Infant, by the said William Ensworth his Prochein Amie; praying, "That a Day may be appointed, for hearing of their Cause depending in this House, to which Mary Griffiths Widow, and Nehemich Griffiths, an Infant, by the said Mary his Mother and Guardian, 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 Monday the Tenth Day of this Instant February, at Eleven a Clock.

Farmer's Petition, referred to Judges.

Upon reading the Petition of John Farmer Gentleman and Katherine his Wife; praying Leave to bring in a Bill, to enable them to sell and dispose of a Messuage and Closes in Ratcliffe Culey, in the County of Leicester, in order to make a Settlement of other Lands, of as great or greater Value, to the same Uses as the Lands to be sold are settled:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to the Lord Chief Justice of Her Majesty's Court of Queen's Bench and the Lord Chief Justice of Her Majesty's Court of Common Pleas; who are forthwith to summon all Parties that are to be concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties concerned in the Consequences of the Bill have signed the Petition.

Adjourn.

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