House of Lords Journal Volume 16: 20 March 1700

DIE Mercurii, 20 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Speidell versus Cornock.

The House being this Day moved, "That a Day may be appointed for hearing of the Cause, wherein Francis Speidell and others are Appellants, and Samuell Cornock and others Respondents:"

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 Tuesday the Six and Twentieth Day of this Instant March, at Eleven of the Clock in the Forenoon.

City of Norwich, and Barry et al. Bill for confirming a Lease between.

The Lord Viscount Townshend reported from the Lords Committees, the Bill, intituled, "An Act for confirming a Lease and certain Indentures between the City of Norwich, and Richard Barry Esquire, George Sorocold Gentleman, and Richard Soame Merchant; and for enlightening the Streets of the said City," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming a Lease and certain Indentures between the City of Norwich, and Richard Barry Esquire, George Sorocold Gentleman, and Richard Soame Merchant; and for enlightening the Streets of the said City."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.

Woollen Manufactures, Bread, &c. exported, Duties on for taking off, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for taking away the Duties upon the Woollen Manufactures, Corn, Grain, Bread, Biscuit, and Meal, exported."

ORDERED, That the said Bill be committed to a Committee of the whole House; on Saturday next, at Eleven of the Clock.

Dutchess of Richmond to be heard, about an Amendment to it.

Upon reading the Petition of Frances Dutchess Dowager of Richmond and Lenox, and of her Underfarmers of the Duties of Subsidy and Aulnage in Woollen Manufactures; praying to be heard, in order to an Amendment in the Bill, intituled, "An Act for taking away the Duties upon the Woollen Manufactures, Corn, Grain, Bread, Biscuit, and Meal, exported:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by One Counsel, as desired, on Saturday next, at Eleven of the Clock, in the Committee of the whole House to whom the said Bill stands committed.

Water-measure of Apples, &c. for ascertaining, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for ascertaining Water Measure of Apples and Pears."

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

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

Gaols, for repairing and building, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Justices of Peace to build and repair Gaols in their respective Counties."

ORDERED, That the said Bill be committed to a Committee of the whole House, on Friday next.

Sir E. Lloyd versus Sir R. Carew:

After hearing Counsel, upon the Petition of Sir Evan Lloyd Baronet, Dame Mary his Wife, and others; shewing, "That, upon hearing of the Cause in this House, the Thirteenth of January One Thousand Six Hundred Ninety-seven, an Order or Decree of Dismission in the Court of Chancery was by this House reversed; and that, by a subsequent Order of this House, of the Four and Twentieth of March, it was ordered, that these Words following should be added to, and made Part of, the said Judgement; (videlicet,) ["That, upon Payment of Four Thousand Pounds unto Sir Richard Carew, or into the Court of Chancery for his Use, the Petitioners should be put into Possession of the Premises in Question;"] and that the Petitioners have since several Times applied to the Chancery for Relief, pursuant to the said Order and Explanation; but the Court, being informed that the Lady Carew, Guardian to Sir Richard Carew, was dead, declared, "They could do nothing unless there was a Guardian assigned, he being an Infant;" and the Petitioners again applying to the Chancery that another Guardian might be assigned; but Sir Richard Carew, since the Judgement and Explanation, being beyond the Seas, the Court declared, "They could not appoint a Guardian, unless a Commission for that Purpose was taken out, or Sir Richard personally present;" whereby the Petitioners can have no Fruit of the Judgement of this House, and the Estate in the mean Time running to Ruin; and the Petitioners praying, that a fit Person might be appointed to manage the said Estate for the best Advantage, and receive the Rents thereof, and thereout pay the said Sir Richard Carew the Interest of the said Four Thousand Pounds, or into the Court of Chancery for his Use until he shall be of Age to receive the same;" as also upon hearing Counsel of some Friends or Relations of Sir Richard Carew:

Judgement.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That a fit Person be appointed, to manage the said Estate for the best Advantage, and to receive the Rents thereof; and thereout to pay the Interest of the said Four Thousand Pounds to the said Sir Richard Carew, or into the Court of Chancery for his Use; and the Overplus of the Rents to the Petitioners, until the said Sir Richard Carew shall be of Age to receive the said Four Thousand Pounds, and convey the Premises to the Petitioners: And it is further ORDERED, That the Court of Chancery do take Care that this Order be observed, and put in Execution.

Messages from H. C. with a Bill; and to return Bond's Bill, and the Bill for making the River Larke alias Burne navigable.

A Message was brought from the House of Commons, by Sir Robert Davers and others:

To return the Bill, intituled, "An Act for the settling all Differences concerning Dame Mary Bond's Will, and for Performance of the same;" and to acquaint their Lordships, that they have agreed to the same, without any Amendment.

Also, a Message was brought from the House of Commons, by Mr. Harvey and others:

To return the Bill, intituled, "An Act for making the River Larke alias Burne navigable;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.

Also, a Message from the House of Commons, by Mr. Blaake and others:

Who brought up a Bill, intituled, "An Act for taking the Estate in Law of several Messuages and Lands, mortgaged to Jeffrey and Edward Howland, and their Heirs, out of Wriothesly Russell, commonly called Lord Marquis of Tavistock, and his Lady;" to which they desire the Concurrence of this House.

Howland's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for taking the Estate in Law of several Messuages and Lands mortgaged to Jeffrey and Edward Howland, and their Heirs, out of Wriothesly Russell, commonly called Lord Marquis of Tavistock, and his Lady."

Message from H. C. to return Merefield's Bill.

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

To return the Bill, intituled, "An Act for settling of the Lands, Tenements, and Hereditaments, late of Robert Merefield and John Merefield Esquires, deceased, and for ascertaining the Proportions between the Widow of the said Robert and his surviving Children;" to which they have agreed, with some Amendments, whereunto they desire the Concurrence of this House.

Which Amendments, being read Three Times, vere agreed to; and ORDERED, That the Commons have Notice thereof.

Child's Committee to meet.

Upon reading the Petition of Richard Childe Esquire, on Behalf of himself and others concerned in a Bill, now depending in this House, for vesting certain Lands and Tenements, late of Sir Josiah Child Baronet, deceased, in Trustees, for the Purposes in the said Bill mentioned; which Bill, according to the Order of this House, stands committed, and to be proceeded upon the Third Day of April next; and praying, "That, in regard of the Shortness of this Session, the Committee may meet sooner:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Committee shall meet, and consider of the said Bill, on Tuesday the Six and Twentieth Day of this Instant March, at Ten of the Clock in the Forenoon.

Sir T. Robinson's Bill.

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for charging the Estate of Sir Thomas Robinson Baronet with Seven Thousand Pounds, for the Portion of Anne his Sister; and for settling her Estate upon the said Sir Thomas Robinson, in Lieu thereof," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for charging the Estate of Sir Thomas Robinson Baronet with Seven Thousand Pounds, for the Portion of Anne his Sister; and for settling her Estate upon the said Sir Thomas Robinson, in Lieu thereof."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.

Adjourn.

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