House of Lords Journal Volume 15: 7 March 1693

DIE Martis, 7 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lotteries, to prohibit the Use of, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the prohibiting the Use of all Lotteries."

Privateers, to encourage, and prohibit Trade with France, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for continuing the Acts for prohibiting all Trade and Commerce with France, (fn. 1) and for the Encouragement of Privateers."

Sea Water, to make fresh, &c. Bill:

The Earl of Bridgewater reported the Bill, intituled, "An Act for making Sea Water fresh, clear, and wholesome," as fit to pass, without any Amendment.

Fitzgerald, Bridgeman, & al. to be heard against it.

Upon reading the Petition of Robert Fitzgerald Esquire, James Bridgeman Esquire, and others; praying to be heard, before the passing of the Bill, intituled, "An Act for making Sea Water fresh, clear, and wholesome:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That they shall be heard, at the Committee to whom the said Bill is committed, Tomorrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers.

Boevey versus Lownes.

Upon hearing Counsel this Day, for Thomas Lownes and his Wife, upon this Point, "Whether they shall be included in the Judgement of this House, the Fourth Instant, in the Cause of James Boevey Appellant, and Dame Anne Smith and others Respondents, they being no Party to the Decree;" as also Counsel for James Boevey:

After Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That, at the End of the said Judgement, these Words shall be added, ["But the same is to be without Prejudice unto the other Respondents Lownes and his Wife's Right, by virtue of the Will of Joanna Beale, to the Premises in Question, or any Part thereof; who are at Liberty at any Time to defend the same, as they shall be advised."]

E. Huntingdon versus Beesley, for distraining his Tenants Cattle.

Complaint having been made to this House, "That John Beesley the Younger, of Hose, in the County of Leicester, did, on the Nineteenth and Twentieth Days of May last, in a violent Manner enter into the Earl of Huntingdon's Lordship and Manor of Louthborow, within the Time of Privilege of Parliament; and there distrained the Cattle of divers of his Lordships Tenants, for a Rent payable out of the same, and used opprobrious Language against the said Earl:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Beesley shall be, and is hereby, required to attend this House on Thursday next, at Ten of the Clock in the Forenoon, to answer the said Offence.

Dutchy of Cornwall, Bill to enable Their Majesties to make Grants, &c. of.

The Earl of Bridgewater reported from the Committee, the Bill, intituled, "An Act to enable Their Majesties to make Grants, Leases, and Copies of Offices, Lands, and Hereditaments, Part of the Dutchy of Cornw'll, or annexed to the same; and for Confirmation of Leases and Grants already made," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

Then, Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Their Majesties to make Grants, Leases, and Copies of Offices, Lands, and Hereditaments, Part of the Dutchy of Cornwall, or annexed to the same; and for Confirmation of Leases and Grants already made."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, to let them know, the Lords have agreed to the said Bill, with some Amendments; to which they desire their Concurrence.

Lotteries, to prohibit, Bill:

Upon reading the Petition of Henry Acourt and others; praying, "That they may be heard, by their Counsel, before the passing of the Bill, intituled, an Act for the prohibiting the Use of all Lotteries:"

Acourt & al. to be heard against it.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That they shall be heard, by their Counsel, as desired, on Thursday next, at Ten of the Clock in the Forenoon.

Lords to acquaint the King, that the Mutiny Bill is ready to pass.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Bridgewater, the Earl of Nottingham, and the Earl of Rochester, do attend His Majesty, from this House; humbly to let His Majesty know, "That there is a Bill passed both Houses, intituled, "An Act for punishing Officers and Soldiers who shall mutiny, or desert Their Majesties Service, and for punishing false Musters, and for the Payment of Quarters;" and that the Penalties therein mentioned do commence from the Tenth Day of this Instant March; which this House commands them to acquaint His Majesty with."

Message from H. C. with a Bill, and to return the following ones.

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

Who brought up a Bill, intituled, "An Act for regulating Proceedings in the Crown-office of the Court of King's Bench at Westm.;" to which they desire the Concurrence of this House.

And to return the Bills following; videlicet,

Hameldon, Lands, &c. in, for confirming, Bill.

"An Act for settling and confirming the Manors and Lands in Hameldon, in the County of Rutland, as they are now enjoyed, and have been for divers Years last past, pursuant to an Agreement for enclosing and exchanging of Lands there."

Sir R. Smith's Bill.

"An Act for the Sale of Lands by Sir Robert Smith; and settling other Lands, of a greater Value, to the same Uses, in Lieu thereof."

To which Bills they have made some Amendments, and desire the Concurrence of this House thereunto.

Wade discharged.

The House being moved, "That Nicholas Wade Constable, now in the Custody of the Gentleman Usher of the Black Rod, for having affronted the Right Honourable the Lord Chandos, a Peer of this Realm, and carried his Servants to The Compter Prison; he having submitted himself to the Lord Chandos:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Nicholas Wade shall be, and he is hereby, discharged (paying his Fees); and this shall be a sufficient Warrant on that Behalf.

To Sir Thomas Duppa, Gentleman Usher of the Black Rod, his Deputy and Deputies, and every of them.

D. of Norfolk desires to wave his Privilege, in a Reference between Mr. Howard and him.

The House being acquainted, by his Grace the Duke of Norfolke, "That there are several Matters in Dispute between his Grace and the Honourable Charles Howard his Uncle, which they both design to refer to Mr. William Longueville; and his Grace being desirous his Privilege may be no Hindrance to the same, his Grace consents and desires that his waving his Privilege may be entered as an Order of this House, to be of Force from such Time only as his Grace and the said Charles Howard his Uncle shall execute such Deed or Deeds of Reference; and so to continue until the Determination of the said Differences and Disputes by the said William Longueville, and Satisfaction performed, as by the said Reference is appointed."

E. Ranelagh versus Champante.

After hearing Counsel, at the Bar, Yesterday, and Report this Day, upon the Petition and Appeal of Richard Earl of Ranelagh, Rachell Lady Viscountess Dowager of Falkeland, on the Behalf of herself and others, Executors of Sir James Hayes Knight deceased, and of John Bence Esquire, Executor of John Bence deceased, from and against a Decree and several Orders made in the Court of Exchequer, in a Cause there depending, wherein the Petitioners, the Earl of Ranelagh, John Bence, and others, were Defendants, at the Suit of Sir John Champante Knight Complainant; as also from an Order in another Cause, wherein the said Petitioners and the Testator Sir James Hayes, and others, were Plaintiffs, against the said Sir John Champante and others Defendants; complaining (amongst other Things), "That the Accompts in Question ought not to have been conclusive, and that the Parties ought to have been decreed to go to an Accompt;" as also upon the Answer of Sir John Champante put in thereunto:

After due Consideration had of what was offered by Counsel thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree made in the Court of Exchequer, and the subsequent Orders complained of in the said Petition and Appeal of Richard Earl of Ranelagh and others above mentioned, shall be, and they are hereby, reversed.

Jones versus Hellyer.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Elizabeth Jones, Relict and Executrix of Cadwallader Jones Esquire, her late Husband, deceased, from a Decree in the Court of Chancery, made the Eighteenth Day of November, One Thousand Six Hundred Eighty-nine, in a Cause wherein the said Cadwallader Jones was Complainant, against George Hellyer Esquire Defendant; as also from a subsequent Order, made on Hearing after reviving that Cause, the One and Thirtieth Day of October, One Thousand Six Hundred Ninety-two; as also upon the Answer of Cicillia Hellyer, Jacob Twyford, Gerrard Newcourt, Walter Sissell, and Edward Dawes, put in thereunto:

After due Consideration had of what was offered by Counsel thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree and subsequent Orders, complained of in the said Petition and Appeal of Elizabeth Jones and others above-mentioned, shall be, and they are hereby, affirmed; and that the Appeal of the said Elizabeth Jones shall be, and is hereby, dismissed this House.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) 8^um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.