House of Lords Journal Volume 15: 13 March 1693

DIE Lunæ, 13 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Scarborough takes the Oaths.

Peter Goddex and Henry Sharpe were sworn, at the Bar, to the Truth of the Earl of Scarborough's Certificate for receiving the Sacrament.

And then Richard Earl of Scarborough took the Oaths, and made and subscribed the Declaration, pursuant to the Statute made 25° Car. 2^di Regis.

Salwerp River, to make navigable, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for making navigable the River of Salwerpe, in the County of Worcester, and the Rivulets and Brooks thereto adjoining."

ORDERED, That the Consideration hereof be committed to the Lords following:

Their Lordships, or any Five of them; to meet at Four of the Clock in the Afternoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Baldwins to be heard against it.

Upon reading the Petition of Sir Timothy Baldwin and Charles Baldwin Esquire, Son and Heir and Executor of Sir Samuel Baldwin Knight, deceased; praying to be heard, before the passing of the Bill, intituled, An Act for making navigable the River of Salwerp, in the County of Worcester, and the Rivulets and Brooks thereto adjoining:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, referred to the same Committee as the said Bill is committed.

Hitchcock versus Sedgwick.

Upon hearing Counsel this Day, at the Bar, upon the Petition of George Hitchcock and others, pursuant to the Order of the Tenth Instant, upon this Point, Whether as well the Deed of Conveyance from the Assignees of the Commissioners of Bankrupts, as the Re conveyance to them, shall be set aside;" as also Counsel for Obadiah Sedgwick in Answer thereunto:

After due Consideration had thereof, it is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement of this House, made the Eighth Instant, shall be, and is hereby, confirmed; and that the said Petition of George Hitchcock and others shall be, and is hereby, dismissed this House.

Dashwood versus Champante.

Upon reading the Petition of Sir Robert Dashwood Knight and Baronet, Sir Samuel Dashwood, John Perry and Edward Noell Esquires, Executors of George Dashwood Esquire, deceased, in Trust for the Younger Children of the said George Dashwood; shewing, "That they lately petitioned for Directions to the Court of Exchequer, to state the Accompts in Question between the Petitioners and Sir John Champante; and that their Petition was dismissed, for that the Lord Ranelagh & al. Appeal was not heard, which is now done; and praying that the Court of Exchequer may state the Accompts:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Court of Exchequer do proceed to state the Accompts between the said Sir John Champante and the Petitioners, and other the said Undertakers, to the Nine and Twentieth of September, One Thousand Six Hundred Seventy-four.

Double Returns of Members, to prevent, Bill.

The Earl of Stamford reported from the Committee, the Bill, intituled, "An Act to prevent false and double Returns of Members to serve in Parliament," as fit to pass, with some Amendments.

The First Amendment being read;

The Question was put, "Whether to agree with the Committee therein?"

It was Resolved in the Negative.

The other Amendments, being also read, were disagreed to.

Then the Question was put, "Whether this Bill shall be read the Third Time?"

It was Resolved in the Negative.

Englefield versus Englefield.

Upon Consideration this Day of the Case of Sir Charles Englefeild and Mr. Anthony Englefyld:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause shall be re-heard in the Court of Chancery the next Term; and that such Depositions as were in Publication, and not read before the Lord Chancellor Jeffryes at the Hearing thereof, may be made Use of; and that the Possession as ordered by this House shall not be interrupted.

Message from H. C. to return the Bills for regulating the Proceedings in the Crown-office; and for better Discovery of Judgements.

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

To return Two Bills; (videlicet,)

One, intituled, "An Act for regulating Proceedings in the Crown-office of the Court of King's Bench at Westminster;" and to acquaint this House, that they have agreed to their Lordships Amendments.

The other, intituled, "An Act for the better Discovery of Judgements in the Court of King's Bench, Common Pleas, and Exchequer, at Westminster;" and to acquaint this House, that they have agreed to their Lordships Amendments, and desire the Concurrence of this House to some few made by them.

Which were read Twice, and agreed to; and ORDERED, That the Commons have Notice thereof.

Smith, D. of N. rthumb's Servant, discharged from an Arrest.

Whereas John Smith, menial Servant to his Grace the Duke of Northumberland, a Peer of this Realm, was arrested, and now detained Prisoner in the King's Bench, at the Suit of John Sawyer and Elizabeth his Wife, within the Time of Privilege of Parliament, contrary to the Privilege of Parliament:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Smith shall be, and he is hereby, discharged from the Imprisonment he now lies under in The King's Bench Prison, (without any Fees); and this shall be a sufficient Warrant on that Behalf.

To the Master or Keeper of The King's Bench Prison, his Deputies and Turnkeys, and every of them.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) 14^um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.