House of Lords Journal Volume 15: 19 February 1695

DIE Martis, 19 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Marq. of Tavistock's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for settling divers Manors and Lands upon the Marriage of the Marquis of Tavistock, Grandson of William Duke of Bedford."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

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

Earl of Rochester's Estate, for dividing, Bill.

The Earl of Bridgewater reported from the Committee, the Bill, intituled, "An Act for the dividing and settling the Estate of the Coheirs of John late Earl of Rochester deceased, and for discharging the Trusts thereupon," as sit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Sparhawke versus Alcock.

The House being moved, "That a Day may be appointed for hearing of the Cause wherein John Sparhawke is Appellant, and Susan Alcock Respondent:"

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 Five and Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon.

Towne versus Thompson.

Upon reading the Petition and Appeal of John Towne Gentleman, from Two several Orders or Decrees of the High Court of Chancery; the one, dated the Four and Twentieth Day of December, One Thousand Six Hundred Ninety-three; and the other, the Ninth Day of July, One Thousand Six Hundred Ninety-four, made in a certain Cause wherein the Petitioner was Defendant, at the Suit of Anthony Thompson Complainant; and praying the said Orders and Decree may be reversed, and a Day appointed for the said Anthony Thompson to answer thereunto:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Anthony Thompson may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Friday the First Day of March next, at Ten of the Clock in the Forenoon.

Duvall versus Terry.

Upon reading the Petition and Appeal of John Duvall Esquire and Elizabeth (commonly called Viscountess Purbecke) his Wife, against William Terry, of London, Merchant, and Anne his Wife, from a Decree made the Six and Twentieth Day of June last past, in the Court of Chancery; as also from an Order made the Twelfth Day of this Instant February, for dissolving an Injunction which the Appellants had obtained; and praying the Reversal of the said Order and Decree:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Terry may have a Copy of the said Petition; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Friday the First Day of March next, at Ten of the Clock in the Forenoon; and that the Service of this Order upon the Respondent's Clerk in Chancery shall be good Service.

Papers from Commissioners of Admiralty.

This Day Mr. Bridgeman (pursuant to the Order of the Fourteenth Instant) delivered some Papers from the Commissioners of the Admiralty.

State of the Fleet.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the further Consideration of the State of the Fleet shall be resumed on Thursday next, at Eleven of the Clock in the Forenoon; and no other Business to intervene; and that all the Lords be summoned then to attend.

Hitchins versus Basset.

After hearing Counsel this Day, at the Bar, to argue the Errors assigned upon a Writ of Error brought into this House from His Majesty's Court of King's Bench, the Twelfth Day of January, One Thousand Six Hundred Ninety-four, wherein Judgement is entered for John Hitchins, against Sir William Basset Knight, deceased:

Judgement, affirmed.

After due Consideration had of what was offered by Counsel thereupon, it is this Day ORDERED, and Adjudged by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench, for John Hitchins, against Sir William Basset, shall be, and is hereby, affirmed; and that the Record shall be remitted to the Court of King's Bench, 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 to be remitted, followeth:

"Et quia Cur. Parliamenti de Judic. suo de et super Præmiss. reddend. nondum advisatur, Dies inde dat. est Partibus prædict. coram eadem Cur. usque Diem Martis, Decimum Nonum Diem Februarii proxime sequen. apud Westm. in Comitatu Midd'x, de Judicio suo inde audiend.; eo quod Cur. hic inde nondum &c.; ad quem Diem, coram eadem Cur. Parliamenti ven. Partes præd. per Attornat. suos; super quo, vis. et per eandem Cur. Parliamenti nunc hic plenius intellect. omnibus & singulis Præmiss. maturaque Deliberatione superinde habita, pro eo quod videtur Cur. Parliamenti præd. nunc hic, quod nec in Record. & Process. præd. nec in Redditione Judicii præd. in ullo est Errat. ac quod Record. ill. in nullo vitiosum aut defectivum in Lege existit; considerat. est per Cur. Parliamenti præd. quod Judicium præd. in omnibus affirmetur, & in omni suo Robore stet et Effectu; dictis Causis & Materiis superius pro Error. assignat. in aliquo non obstant."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) vicesimum diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.