« PreviousContinue »
Then the House was adjourned during Pleasure, to
robe. R E G I NA
Her Majesty being come, the House was resumed.
Her Majesty, being seated on Her Royal Throne, Queen present. Domini tam Spirituales quam Temporales præsentes adorned with Her Crown and Regal Ornaments, atfuerunt:
tended with Her Officers of State (the Peers being also
in their Robes), commanded the Deputy Usher of the
Black Rod to signify to the House of Commons," It is
“ Her Majesty's Pleasure, that they attend Her imme-
diately, in the House of Peers."
Who being comes their Speaker made a short Speech
to Her Majesty, in relation to the Aid Bill.
Then the Clerk of the Parliaments took the said Bill
from the Hands of the Speaker, and brought it to the
Table; where the Clerk of the Crown read the Titles
of the Bills following ; (videlicet,) Epus. St. Afaph.
1. An Act for granting an Aid to Her Majesty, by Bills passed. rarius.
« continuing the Duties upon Malt, Mum, Cyder, and
Perry, for One Year.”
To which Bill the Clerk of the Parliaments pro-
nounced the Royal Assent, as followeth;
“ La Reyne remercie je's bons Subjects, accepte leur
Bcnevolence, & ainsi le veult.”
2. An Act for naturalizing Elizabeth Cholmondeley,
" Wife of George Cholmondeley Esquire.”
To this Bill the Clerk of the Parliaments pro-
nounced the Royal Assent, in these Words ; (via
“ Soit fait come il est desiré."
Then Her Majesty was pleased to say as followeth;
" My Lords and Gentlemen,
“ The Misfortune of the King of Spain's being Prislick Upon reading the Petition and Appeal of Christopher « forced back upon our Coast by contrary Winds
, verfus Viguies. Prissick Merchant and James Odes Gentleman, Admi
"! which I hope will lose but very little Tiine, does yet nistrators of John Hubbock, who died intestate, from a
“ make it so reasonable to haften our Preparations for Decree made in the Court of Chancery, the Fifth Day
“ this Year's Service, that though I am very sensible of of July One Thousand Seven Hundred, on the Behalf
“ your Zeal in forwarding all Things relating to Mine of Robert Vigures, Executor of his deceased Father John
" and the Public Service, yet I cannot but take this Vigures, by Bill of Revivor ; and praying
" the Re
“ Occasion to defire you, with all Earnestness, that you
! would give the greatest Dispatch to the Business of
“ the Good of the common Interest."
Then Her Majesty was pleased to withdraw; and the
A Message from the House of Commons, by the Lord Message from
H.C. with a unto, in Writing, on Monday the One and Thirtieth Day
Bill. of this Instant January, at Ten a Clock in the Fore. Hartington and others : noon; and that the Service of this Order upon the Re Wlio brought up a Bill, intituled; “ An A&t for fpondent's Clerk in Chancery shall be good Service, in " the public registering of all Deeds, Conveyances, and order thereunto.
" Wills, that shall be made, of any Honours, Manors,
“ Lands, Tenements, or Hereditaments, within the Queen's Ana
West Riding of the County of York, after the Nine
o and Twentieth Day of September One Thousand Se-
ven Hundred and Four;" to which they desire the
Concurrence of this House.
Hodie ia vice lecta ef Billa, intituled, “ An Act for Welt Riding
of York, Ree “ the public registering of all Deeds, Conveyances, and gister Bill. “ That Her Majesty was very glad to find that the
“ Wills, that shall be made of any Honours, Manors, “ House was satisfied with what She had done in that
“ Lands, Tenements, or Hereditaments, within the “ Matter.”
West Riiling of the County of York, after the Nine
" and Twentieth Day of September One Thousand Se Dominus Custos Magni Sigilli declaravit præsens Par. Adjourn,
liamentum continuandum esse usque ad et in diem Sab-
Hodie 2* vice lecta el Billa, intituled, “ An Act for DIE Sabbati, 220 Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt: Stribblehill Whereas Tuesday the Five and Twentieth Day of
Ds. Custos Magni versus this Instant January was appointed, for hearing of the Epus. Sarum.
Comes Pembroke, Ds. Wharton.
Ds. North & Greys
Ds. Grey W.
Epus. Oxon. Dux Devonsire, Se- Ds. Poulett.
Ds. Vaughan. moved.
Ds. Lucas. now appointed be removed, to come on in Course.
Ds. Berkeley S.
Comes Lindsey, Mag. Ds. Osulftone.
Comes Bridgewater. Ds. Ashburnham,
Comes Peterborow. be committed to the Lords following:
Their Lordships, or any Five of them; to meet
Upon reading the Petition of James Bowyer and Eli-Bowyers or
“ That they were admitted ma Pauperis. Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to ad
“ in Forma Pauperis in the Court of Chancery, in the
“ Case wherein they have appealed to this House ;"
To profecute their Appeal in this House; and that Mr.
Hodie 2a vice lecla esi Billa, intituled, “ An Act for “ Spencer Cooper and Mr. Phipps may be assigned
66 Counsel for them :"
It is ORDERED, by the Lords Spiritual and Tempo-
and that the said Mr. Spencer Cooper and Mr.
White Staves do attend Her Majesty, with the humble
Mr. King, Secretary to the Commissioners of Public Commiflionero wanting in this House, for the Forwarding and Dit. Accompts, attending at the Door, was called in; and, compes; Rom patch of all Things relating to Her Majesty's and the at the Bar, delivered,
vered, « Public Service."
Bourne & al.
Journals of the House of Lords.
præd. nec non Process, a Cur. Parliament. præd.
“ prædi&to Vicesimo Secundo Die Januarii, remittantur ; After hearing Counsel this Day, to argue the Errors
et quod præd. Ph’us Hunt, haberet inde separales
“ Executiones suas ver. præfat. Ed'r'um et Mar. assigned upon the Writ of Error, brought into this Houle the Fourteenth Day of December One Thousand
garetam, Andream, Mariam, et Mariam, juxta Fora Seven Hundred and Three, from Her Majesty's Court
mam et Effectum Judicii præd. in præd. Cur. Do
“ ninæ Reginæ de Banco, coram Justiciariis ejusdem of Queen's Bench, wherein that Court hath affirmed
“ Cur. reddit. nec non Affirmation. ejusdem Judicii the Judgement given in the Court of Cominon Pleas (wherein Judgement is entered for Philip Hunt the De
præd. in Cur. diétæ Dominæ Reginx, coram ipsa fendanc in the Writ of Error) against Edward Bourne
Regina, diet. Breve de Error. et Proceff. fuperinde
“ in dicta Cur. Parliament. prius habit. in aliquo non and Margaret his Wife, Andrew liryzer and Mary his Wife, and Mary Merrick Widow; and due Consideration
“ obstant.; ac superinde Record. et Proceff. præd. Cur. of what was offered thereupon :
“ dictæ Dominæ Reginæ per Cur. Parliamenti præd.
coram di&ta Domina Regina, ubicunque, &c. reinitIt is Ordered and Adjudged, by the Lords Spiritual “ tentur, in eadem Cur. diet. Dominæ Reginx, coram and Temporal in Parliameut assembled, That the Judge ipsa Regina, jam residen. &c.” ment given in the Court of Common Pieas, and the Affirination thereof in Her Majelly's Court of Queen's Bench, for the said Philip Hunt, against the said Edward Dominus Custos Magni Sigilli declaravit præsens Adjourne Bourne and Margaret his Wife, Andrew Fryzer and
Parliamentum continuandum esse usque ad et in diem Mary his Wife, and Mary Merrick Widow, shall bė, Lunæ, vicesimum quartum, diem instantis Januarii, hora and they are hereby, affirmed.
decima Auroræ, Dominis sic decernentibus.
the Record to be remitted, is as follows:
Anno Regni diétæ Do:ninæ Reginæ nunc Sccundo, D1E Lunæ, 24° Januarii.
præd. de Placito præd. cum omnibus ea tangen. Præ Domini tam Spirituales quam Temporales præfentes
et Margaret. Uxorem ejus, Andream Fryzer et Mariam
Ds. Bergevenny. o senti Parliamento fuo apud Westm. præd. a Cur. Ejus. Winton.
Ds. Godolphin, The- Ds. Lawarr. “ diár Dominæ Reginæ, coram ipsam Regina, transmifl. Epus. Wigorn.
Ds. Wharton. “ fuit ; prædi&tique Edr’us Bourne et Margareta Epus. Roffen.
Dux Devonshire, Se. Ds. Howard Eff. “ Uxor ejus, Andreas et Maria, et Maria Merrick, Epus. Ce/tr.
Ds. Chandos. “ in eadem Cur. coram Domina Regina, in Parliamento Epus. Lich. & Cov.
Ds. Grey W.
Dux St. Albans. “ suo comparentes, diversas Materias huic Transcript. Epus. Petrib.
Dux Bolton.. “ annexat. et Errores pro Revocatione et Adnullatione Epus. Gloucestr.
Comes Lindsey, Mag- Ds. Culpeper. “ liament. fimiliter comparens, placitavit, quod nec in Epus. Oxon.
Ds. Berkeley. “ Record. et Proceff. præd. nec in Redditione vel Af. Epus. Bangor.
Comes Carlisle, Ma- Ds. Osulstone. “ firmatione Judicii præd. in * nullo est Errat. Super Epus. St. Afaph:
Ds. Dartmouth. quo, Dies dat. eft præfat. Ph’ Hunt, in Cur. Par
Comes Jersey; Came. Ds. Guilford. liament. præd. ad audiend. Errores in Record. et
Ds. Cholmondelez. “ Process. præd. affignat. usque Vicesimum Secundum
Ds. Ashburnham. “ Diem Januarii, Anno Regni di&tæ Dominæ Reginæ
Ds. Weston. nunc Secundo supradicto; idem Dies dat. est præfat.
Comes Manchester. “ Edwardo et Margareta, Andrcæ et Maria, et Maria,
Ds. Bernard. “ ibidem, &c. Postmodumque, ad eundem Vicesimum
Ds. Halifax. “ Secundum Diem Januarii, Anno Secundo fupradicto,
Ds. Granville. “ in eadem Cur. Parliament. apud Westm. præd. ven.
Comes Carnarvon. “ Partes præd. ; super quo, visis et per Çur. Parliament.
Ds. Harvey. “ diligent. examinatis et plenius intellectis tam Record.
Comes Berkeley. “ Error. per præfat. Ed'r'um et Margaretam, Andream
Comes Nottingham. et Mariam, et Mariam, assignat. et allegat. videbatur
Comes Rochester. “ eidem Cur. Parliament: præd. quod Record. ill. in
Comes Abingdon. “ nullo vitiofum aut defectivum existit, ac quod Record.
Comes Plimouth. “ ill. in nullo est Erratum : Ideo per eandem Cur:
Comes Portland. “ Parliamenti præd. confiderat. est, quod Judicium
Comes Torrington. præd. in præd. Cur. Dominæ Reginæ de Banco
Viscount Say & Seale.
1 F I
added to a Bill of Naturalization now depending in this
swer: " That he had attended the Queen, with the
Counsel being engaged that Day in a great and long
jesty received both the one and the other very gra- Spiritual and Temporal in Parliament affembled, That
this House will hear the said Cause, by Counsel, at the ·
Bar, on Saturday the 29th Day of this Instant January, at
Leave to bring in a Bill, to vest several Lands and Te-
“ Value upon his Wife and Children in Lieu thereof."
The Question was put, “ Whether this Bill shall
for a Bill.
Comes Northamp. Epus. St. Afaph. Ds. Dartmouth.
Dobion verfias Hearne :
It was Resolved in the Affirmative.
A Message was sent to the House of Commons, by Message to
H. C, with it
tee for his Father,” and decreed a perpetual Injunc-
ORDERED, That the Confideration of the said Bill
be committed to the Lords following ; (videlicet,)
Ds. Wharton, in Parliainent assembled, That the said John Crawley
Ds. Howard Ef.
Marefcallus, Epus. Gloucestr. Ds. Poulet.
Ds. Culpeper. at Ten a Clock in the Forenoon.
Ds. Cholmondeley. of William Dobson, from a Decree of Dismission made Comes Manchester,
Ds. Harvey. Judgement
It is Ordered and Adjudged, by the Lords Spiritual Comes Berkeley. and Temporal in Parliament assembled, That the said Comes Nottingham. Petition and Appeal of William Dobson shall be, and is Comes Rochester. hereby, dismissed this House; and that the Decree of Comes Abingdon. Dismislion therein complained of shall be, and is hereby, Comes Bradford. affirmed.
The House being moved, “ That Doctor Woodward Viscount Weymouth.
Their Lordships, or any Five of them; to meet
on Tuesday the Eighth Day of February next,
at Ten a Clock in the Forenoon, in the Prince's given him to withdraw his Petition, as desired.
Lodgings near the House of Peers; and to ad
journ as they please. Upon reading the Petition of John Cotton and others; Nat. praying to be naturalized :
Dominus Custos Magni Sigilli declaravit præsens Par- Adjourni
liamentum continuandum efle usque ad et in diem Martis, It is ORDERED, by the Lords Spiritual and Temporal vicesimum quintum diem instantis Januarii, hora unin Parliament assembled, That the Petitioners may be decima Auroræ, Don nis fic decernentibus.
ward's Peti. tion with draw)
Cotton & al.
I E Martis, 25° Januarii.
“ Division of the Estate of the late Lord Jermyn among
Domini tam Spirituales quam Temporales præfentes Upon reading the Petition and Appeal of George
Mathew & Ux. fuerunt; Mathew Junior, Gentleman, and Martha his Wife, from Phillips & al.
a Decree of Dismission of the Court of Chancery in
Ireland, the Seventeenth Day of November One Thousand
Seven Hundred and One, of the Petitioners Bill there,
in a certain Cause, wherein, the said Appellants being Epus. Ceftr.
then under the Age of One and Twenty Years, by
George Mathew the Elder, Esquire, their Parent and next
Friend, were Complainants, against Chichester Phillips,
Dame Susanna Eaton the Widow and Reliet of Sir
Symon Eaton Baronet, Thomas Brown and Margaret his
Wife, Henry Johnston Esquire, and others, were De-
fendants; and praying
" the Reversal of the said De-
cree; and that the Respondents may answer to the
“ said Appeal ; and, in the mean Time, all Proceedings
stayed in this Cause :"
It is Ordered, by the Lords Spiritual and Tempo-
Phillips, Thomas Browne and Margaret his Wife, Henry
Johnston, and the other Respondents, may have a Copy
Ds. Cbolmondeley. of the faid Appeal ; and shall and they are hereby re-
quired to put in their Answer or respective Answers
thereunto, in Writing, on Tuesday the Fifteenth Day of
February next, at Ten a Clock in the Forenoon; and
that, in the mean Time, all Proceedings in the Cause
Thall be stayed.
Upon reading the Petition and Appeal of Diana Savage
Savage, Wife of Francis Darcy Savage Esquire, and Humble & al, Comes Thanet.
of her Trustee Rachel Countess Dowager of Westmore Comes Sunderland.
land, from a Decree made in the Court of Chancery, Comes Scarsdale.
the Thirtieth Day of October One Thousand Seven
Hundred and Three, in the Cause wherein Sir W'm.
Humble was Plaintiff; and praying, “ That so much
“ thereof may be reversed as any Way tends to the
“ Prejudice of the Petitioners, or their Demands; and Comes Nottingham.
“ also humbly appeal against a Decree of the Four and Comes Rochester.
“ Twentieth Day of July in the Four and Thirtieth Year Comes Abingdon.
“ of King Charles the Second, and the Proceedings in Comes Holdernesse.
“ the fame Caufe; and that the fame, or so much thereof Comes Portland.
“ as tends to the Petitioners Prejudice, may be set Comes Scarbrough. 2.
“ aside, discharged, or reversed ; and praying, that Sir Comes Torrington. 1.
“ William Humble, Charles Bill, Charles Garret, and Comes Bradford.
“ such other Persons, Parties to the said several Suits, Comes Romney.
or such of their Representatives as are proper to be Emendat. per Comes Orford.
“ brought before this Houfe, in order to the Peti. Ordin. 3° Feb. Viscount Townshend.
“ tioners Relief, may answer to the said Petition :” Viscount Weymouth,
It is ORDERED, by the Lords Spiritual and Tem-
Humble, Charles Bill, and Charles Garret, and other
Persons concerned as aforesaid, may have a Copy of the
said Appeal ; and they shall and are hereby required Torr's Bill. Hodie 1* vice le&ta eft Billa, intituled, “ An A&t for to put in their Answer thereunto, in Writing, on Tuesday “ Sale of Part of the Estate of James Torr Gentleman, the Forenoon ; and that the Service of this Order on the
the Eighth Day of February next, at Ten a Clock in « deceased, for Payment of his Debts; and for settling Respondents Clerks or Solicitors in the Causes in Chan“ other Part thereof to the Use therein mentioned."
cery shall be deemed good Service, in order thereunto. Meffage from
A Message from the House of Commons, by Sir H.C. with a Thomas Hanmer and others :
Upon reading the Petition and Appeal of Richard Bradley
Bradley and Anne his Wife, Two of the Defendants in Jourdes & al. Who brought up a Bill, intituled, " An A& for con- the Court of Chancery, from a Decree made there by “ firming and better Execution of Articles, and the the Master of the Rolls, the Eighteenth Day of June “ Agreements therein contained, for the Disposition and in the Third Year of the Reign of His late Majesty “ Division of the Estate of the late Lord Jermyn among King James the Second, on the Behalf of Godfrey Ward “ his Coheirs;” to which they desire the Concurrence of and Mary his Wife ; and praying, “ That John Tristram, this House.
“ Francis Jourden, Thomas Taylor, and William Bell
“ Administrator of Godfrey, and Frances Mence the L. Jermyn's
Hodie na vice lečia est Billa, intituled, “ An Act for “ Widow and Executrix of John Mence, may answer “ confirming and better Execution of Articles, and the “ thereunto, and such Relief given the Appellants as Agreements therein contained, for the Disposition and " to Justice shall seem meet :"