House of Lords Journal Volume 16: 21 March 1698

DIE Lunæ, 21 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Answer to Message concerning Mr. Bertie.

The Messengers sent to the House of Commons on Friday last, in relation to Mr. James Bertie, return this Answer:

That they will consider of the Message, and return an Answer by Messengers of their own.

Taunton, for Woollen Bill.

Upon reading the Petition of the Inhabitants of the Town of Taunton, in the County of Somerset, relating to the Bill concerning Woollen Manufactures:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by themselves or Counsel, if they think fit, on Friday the Five and Twentieth Day of this Instant March, at Eleven of the Clock in the Forenoon.

Davis versus Speed, in Error.

Upon reading the Petition of Robert Davis; praying, That a Day may be appointed, for hearing of the Errors argued upon the Writ of Error, wherein the Petitioner is Plaintiff, and John Speed Defendant:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued thereupon, on Wednesday the Thirtieth Day of this Instant March, at Eleven of the Clock in the Forenoon.

Twyford versus Hilliard.

Upon reading the Petition of William Hilliard; alledging, "That the Appellant James Twyford and others have brought their Appeal for Delay and Vexation, and not entered into Recognizances as by the Orders of this House they ought;" and praying, "That the Appellant may enter into Recognizance with Sureties to answer Costs:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Appellant James Twyford do enter into a Recognizance, with Sureties, as desired.

L. Lisburne's Bill.

The Lord Howard of Escrick reported from the Committee, the Bill, intituled, "An Act for the better settling the several Estates of the Right Honourable John Lord Viscount Lisburne and the Lady Viscountess Lisburne his Wife," as fit to pass, with some Amendments.

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

Mewett's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in Trustees, to be sold, certain Lands of George Hewet Esquire, lying in the County of Middl'x, settled upon his Marriage; and, with the Money arising thereby, for purchasing other Lands in Leicestershire, where his Estate and Seat lies, to be settled to the same Uses."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Mr. Meredith:

To carry down the said Bill, and desire their Concurrence thereunto.

Smith's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the vesting several Lands, late belonging to Robert Smith Esquire deceased, in Trustees, to be sold, for the Payment of his Debts."

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 Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sir Ralph Hare's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better enabling Sir Ralph Hare Baronet to make a Jointure, and settle his Estate, and raise Portions and Maintenances for his Younger Children."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Mr. Meredith:

To carry down the said Bill, and desire their Concurrence thereunto.

Sir John Churchill's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to confirm the Sale of Part of the Estate of Sir John Churchill Knight, lately deceased, pursuant to his last Will, and Two Decrees of Chancery for Performance thereof."

ORDERED, That the Consideration of the said Bill be referred to the same Committee to whom the Bill, (intituled, "An Act for the vesting several Lands late belonging to Robert Smith Esquire deceased, in Trustees to be sold, for the Payment of his Debts,") is referred.

Bertie versus L. Falkland,

The Lord Chief Baron and Mr. Justice Nevill having prepared and delivered a Draught of the Judgement, as ordered on Friday last:

The same was read, and agreed to, as followeth; (videlicet,)

"After hearing Counsel, upon the Petition and Appeal of James Bertie Esquire and Elizabeth his Wife, complaining as well of a Decree made by the Lord Chancellor of England, on the Behalf of Lucius Henry Cary Lord Viscount Falkland of the Kingdom of Scotland (touching the Estate of John Cary Esquire deceased), upon the Six and Twentieth Day of January last, in a Cause depending in the Court of Chancery, wherein the said Lord Viscount Falkland was Plaintiff against the said Appellants, and Sir William Whitlock and John Grout Defendants; as also of an Order of Dismission, made the same Day, of the Appellants Bill in that Court against the said Lord Viscount Falkland and the said Sir William Whitlock and John Grout, touching also the said Mr. Cary's Estate, praying a Reversal both of the said Decree and Dismission; as also upon the Answers of the said Lord Viscount Falkland, Sir William Whitlock, and John Grout, put in unto the said Appeal; and after Debate, and due Consideration had of what was offered thereupon: It is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Trustees, Sir William Whitlock and John Grout, and their Heirs, do forthwith execute Conveyances, whereby all the Manors, Lands, Tenements, and Hereditaments of the said John Cary, by his Will devised unto them, shall and may be assured unto, or to the Use of, the Appellant Elizabeth Bertie for her Life, with Remainder to the said Lord Viscount Falkland and the Heirs Males of his Body, with Remainder to the right Heirs of the said John Cary for ever; and that there shall not be any Account of the Profits of the said Premises for the Time past; and that the Goods of the said Mr. Cary shall go and remain according to the Directions of his Will; and that so much and such Part of the said Order of Dismission of the Appellants Bill, and of the said Decree on the Behalf of the said Lord Viscount Falkland, as is contrary to, or inconsistent with, this Judgement, shall be, and is hereby, reversed."

Howard & al. Executors of Ly. Portland, versus Marquis Douglas.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Henry Howard and Henry Hordesnell, Executors of Frances late Countess of Portland, from a Decree made by the Lord Keeper of the Great Seal of England, the Sixteenth Day of April, One Thousand Six Hundred Ninety-seven, on the Behalf of James Lord Marquis of Douglass of the Kingdom of Scotland; as also upon the Answer of the said Marquis put in thereunto:

After due Consideration of what was offered thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Henry Howard and Henry Hordesnell shall be, and is hereby, dismissed this House; and that the Decree from which they appealed shall be, and is hereby, affirmed.

Message from H. C. to remind the Lords of the Bill to encourage the Woollen Manufacture.

A Message was brought from the House of Commons, by Sir Edward Seymour and others:

To put this House in Mind of the Bill, intituled, "An Act to encourage the Woollen Manufacture in England, and to restrain the Exportation of Woollen Manufactures from Ireland into any Foreign Parts; and for the better preventing the Exportation of Wool from England and Ireland."

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act for erecting Hospitals, Workhouses, and Houses of Correction, within the Town and Parish of Crediton, in the County of Devon, and for the better Relief of the Poor there;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for erecting Hospitals and Workhouses within the Town and Parish of Tiverton, in the County of Devon, for the better employing and maintaining the Poor thereof;" to which they desire the Concurrence of this House.

E. of Rochford versus L. Montgomery, Privilege.

Whereas this Day was appointed for resuming the Debate touching the Earl of Rochford's Privilege:

It is ORDERED, That the said Debate shall be resumed on Wednesday next, the First Business.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) vicesimum secundum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.