House of Lords Journal Volume 16: 7 April 1701

DIE Lunæ, 7 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp. of Exeter takes the Oaths.

This Day Sir Jonathan Trelawney Lord Bishop of Exeter took the Oaths, and made and subscribed the Declaration, pursuant to the Statute.

West Kirby Bill.

The Earl of Sandwich reported from the Lords Committees, the Bill, intituled, "An Act for vesting the Estate of Thomas Bennett, late of Newton cum Larton, in the County of Chester, in Trustees, for the Use of the Poor of West Kirby, pursuant to the Will of the said Thomas Bennett," 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.

Lofland & al. Nat. Bill.

The Earl of Warrington reported from the Lords Committees, the Bill, intituled, "An Act for naturalizing Adrian Lofland and others," as fit to pass, without any Amendment.

ORDERED, That the said Bill be engrossed.

Thanks to Bp. of Litchfield, for his Sermon.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House shall be, and are hereby, given to the Lord Bishop of Litchfield and Coventry, for his Sermon preached on the Fast-day, before this House, in the Abbey Church at Westminster; and he is hereby desired to print and publish the same.

Cornwall versus Williams.

After hearing Counsel (as agreed on Thursday last) touching the Order made for appointing a Day for hearing the Cause wherein Colonel Henry Cornwall is Appellant, and Elizabeth Williams Widow, and Elizabeth Williams, an Infant, are Respondents; and Debate thereupon:

This Question was put, "Whether the said Cause shall stand to be heard on Saturday next?"

It was Resolved in the Affirmative.

And ORDERED accordingly.

E. Warwick versus Brookfield and Newport Markets Bill.

Upon reading the Petition of Edward Earl of Warwick and Holland; shewing, "That there is a Bill now depending in this House, intituled, "An Act for confirming the Grant of Brookfield Market and Newport Market, in the County of Middl'x," which is ordered to be read the Third Time To-morrow; that the passing the said Bill will be of great Prejudice to the Petitioner, and lessen his Estate about Smithfield Five Hundred Pounds per Annum at least; and therefore praying to be heard, by his Counsel, before the Third Reading of the said Bill."

After Debate;

The Question was put, "Whether the Petitioner shall be heard, by his Counsel, before the Third Reading of the said Bill?"

It was Resolved in the Affirmative.

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Edward Earl of Warwick and Holland shall be heard, by his Counsel, before the Third Reading of the Bill, intituled, "An Act for confirming the Grant of Brookfield Market and Newport Market, in the County of Middl'x," on Monday the Fourteenth Day of this Instant April, at Eleven of the Clock; or any other Persons who shall think themselves therein concerned.

Dormer versus Bertie & al.

Upon reading the Petition of John Dormer Esquire; shewing, "That his Petition and Appeal stands to be heard on Thursday next, upon the Motion of Charles Bertie Esquire and others, Respondents to his Appeal; and the Petitioner's Counsel having been out of Town, by which Means he is straitened in Point of Time; he therefore humbly prays, to have the Time enlarged for hearing the said Cause:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause on Tuesday the Fifteenth Day of this Instant April, at Eleven of the Clock in the Forenoon.

Lester versus Foxcroft.

After hearing Counsel upon the Petition and Appeal of Ralph Lester, Citizen and Plaisterer of London, from a Decretal Order made in the Court of Chancery the Sixth Day of March last, whereby the Petitioner's Bill was dismissed without any Relief; as also upon the Answers of Elizabeth Foxcroft, Benjamine Whitchcott, Henry Foxcroft, and Isaac Foxcroft, put in thereunto; and due Consideration of what was offered thereupon:

Judgement reversed.

It is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decretal Order of Dismission, complained of in the said Appeal, shall be, and is hereby, reversed: And further, that the Respondent Isaac Foxcroft, or such other of the Respondents to whom the Estate in Question shall come by virtue of his Father's Will, shall, when he or they shall be of Age, execute, to the Petitioner Ralph Lester, his Executors, Administrators, or Assigns, such a Lease of the Premises in Question as was prepared and approved of by the said Isaac Foxcroft the Father, before his Death; and that the Appellant Ralph Lester and his Assigns do, in the mean Time, hold and enjoy the same, under the Covenants and Agreements in the said intended Lease contained, discharged of all Incumbrances done by the said Isaac Foxcroft, or any claiming under him.

Ly. Mohun versus L. Mohun.

Upon reading the Petition of Phillips Lady Mohun; praying (amongst other Things), "That the Lord Mohun's Privilege may be taken off:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, dismissed.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) octavum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.