House of Lords Journal Volume 16: 31 May 1701

DIE Sabbati, 31 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Tipping's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Estate of Lucretia Tipping, an Infant, in Trustees, that they, upon her Marriage, may sell the same, for a Portion, upon a Settlement to be made on her and her Issue."

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 Saturday the Fourteenth Day of June 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.

Cotton Library, Bill:

The Lord Jeffreys reported from the Lords Committees, the Bill, intituled, "An Act for the better settling and preserving the Library kept in the House at Westminster, called Cotton House, in the Name and Family of the Cottons, for the Benefit of the Public," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better settling and preserving the Library kept in the House at Westminster, called Cotton House, in the Name and Family of the Cottons, for the Benefit of the Public."

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

It was Resolved in the Affirmative.

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

Thanks to Sir John Cotton.

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 Sir John Cotton, for his generous and prudent Disposition of his Library, for the Benefit of the Public.

Norwich Court of Conscience, Bill.

The Lord Jeffreys reported from the Lords Committees, the Bill, intituled, "An Act for erecting a Court of Request, or Conscience, in the City and County of the City of Norwich, for Recovery of small Debts under Forty Shillings," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for erecting a Court of Request, or Conscience, in the City and County of the City of Norwich, for Recovery of small Debts under Forty Shillings."

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

It was Resolved in the Affirmative.

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

Message from H. C. concerning the Impeachments depending.

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

To acquaint this House, "That, in Answer to the Message of the One and Twentieth Instant, the Commons have prepared a Replication to the Earl of Orford's Answer to the Articles of Impeachment of high Crimes and Misdemeanors exhibited against him; and at present defer bringing it up to your Lordships, because, in the Trials of the several Impeachments now depending, the Commons think it most proper, from the Nature of the Evidence that will be given at the said Trials, to begin with the Trial of the Impeachment of John Lord Sommers of High Crimes and Misdemeanors.

"And as to your Lordships other Message; the Commons take it to be without Precedent, and unparliamentary; they, as Prosecutors, having a Liberty to exhibit their Articles of Impeachment in due Time, of which they who are to prepare them are the proper Judges: And therefore for your Lordships to assert, That, having not yet exhibited particular Articles against William Earl of Portland and Charles Lord Halifax, is a Hardship to them, and not agreeable to the usual Methods and Proceedings in Parliament in such Cases, does, as they conceive, tend to the Breach of that good Correspondence betwixt the Two Houses, which ought mutually to be preserved."

Sir Joseph Tily versus Wharton.

After hearing Counsel upon the Petition and Appeal of Sir Joseph Tily Knight and Dame Deborah his Wife, late Wife of Sir John Roberts Baronet deceased, and Administratrix, with the Will annexed, and Residuary Legatee of the Real and Personal Estate, of the said Sir John Roberts, from Two several Orders and Decrees made in Chancery, on the Eight and Twentieth of June last, and the Two and Twentieth of March last, in a Cause there depending, wherein William Wharton Esquire and Eunuce his Wife are Plaintiffs, and the Petitioner, John Gardiner, Samuel Brewning, and John Coulier, Robert Atwood, and Richard Turnor, were Defendants; as also upon the Answer of the said William Wharton and Eunuce his Wife put in thereunto; and due Consideration of what was offered thereupon:

Added per Ord. 9 Junii, 1701.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Orders and Decrees, complained of in the said Petition and Appeal of Sir Joseph Tily and Dame Deborah his Wife, shall be, and they are hereby, reversed, so far only, as that there shall be a new Trial at Law touching the Bond in Question, to try whether the said Bond was duly executed by the said Sir John Roberts or not; and that the Court of Chancery do direct the same accordingly; and all the Depositions, Writings, and Papers, produced at the Hearing in Chancery and in this House, may be made Use of at the said Trial at Law: And it is further ORDERED, That the Appellants do forthwith name an Attorney, who shall forthwith appear, and plead the General Issue to the Declaration, so that the said Trial may be had the next Term at the King's Bench at Westminster; and that the Petitioner Wharton shall have Nisi Prius Costs paid him for the last Trial in the King's Bench; and if, upon the new Trial, a Verdict shall pass against William Wharton and his Wife, they shall pay Nisi Prius Costs; but if the Verdict shall pass against Sir Joseph Tily and his Wife, then they shall pay full Costs of a Trial at Bar.

Message from H. C. with Bills; and to return the City of London's Bill, and Box's Bill for a Divorce.

A Message from the House of Commons, by Mr. Gulston and others:

Who brought up a Bill, intituled, "An Act for removing the County Gaol of Hertford;" to which they desire the Concurrence of this House.

Also, a Message from the House of Commons, by the Lord Cornbury and others:

Who brought up a Bill, intituled, "An Act for the Sale of the Estate of James Deane; and for securing the Monies raised thereby for the Benefit of himself and Family, according to the Settlement thereof;" to which they desire the Concurrence of this House.

Also, a Message was brought from the House of Commons, by Sir Robert Clayton and others:

To return the Bill, intituled, "An Act for transferring a Trust in Lands belonging to the City of London unto new Trustees;" and to acquaint this House, that they have agreed to the same, without any Amendment.

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

Who brought up a Bill, intituled, "An Act for the better improving a certain Piece of Ground in the Parish of St. Martin's in the Feilds, and for other the Purposes therein mentioned;" to which they desire the Concurrence of this House.

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

Who brought up a Bill, intituled, "An Act to enable the Sale of the Estate of Rawlin Mallock Esquire deceased, for discharging the Monies, Debts, and Charges thereupon;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act to dissolve the Marriage of Ralph Box with Elizabeth Eyre, and to enable him to marry again;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Answer from H. C.

The Messengers sent Yesterday to the House of Commons return Answer:

That the Commons will send an Answer by Messengers of their own.

Durzy to attend, with Papers concerning Carolina:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Benjamin Durzy, Secretary to the Lords Proprietors of Carolina, do bring with him the Letters Patents granted of that Province, on Monday next, at Eleven a Clock in the Forenoon; as also the fundamental Constitutions of that Government, and the Aquarian Laws, and Temporary Laws, made by the Lords Proprietors.

Plantation Bill, Witnesses to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. John Amy, Captain Isaac Rush, Captain John Tayler, Captain Thomas Man, Mr. Johnson, Jonathan Butler, Margaret Notell, and Edward Traunter, do and they are hereby required to attend this House, on Monday next, at Eleven a Clock in the Forenoon, as Witnesses, to be examined in relation to the Bill depending in this House, intituled, "An Act for re-uniting to the Crown the Government of several Colonies and Plantations in America."

Broad discharged.

The House being moved, "That Jacob Broad (now in the Custody of the Serjeant at Arms attending this House, for a Breach of Privilege committed against the Lord Osborne, a Peer of this Realm) may be discharged:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Jacob Broad shall be, and he is hereby, discharged, paying his Fees; and this shall be a sufficient Warrant on that Behalf.

To the Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Committee Impeachments revived.

ORDERED, That the Committee appointed to consider of the Manner in delivering Articles of Impeachments by the Commons be revived; to meet on Monday next, to draw an Answer, to be sent to the House of Commons, to their Message received the One and Thirtieth Instant.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ jam prox. futur. (videlicet,) secundum diem Junii, hora undecima Auroræ, Dominis sic decernentibus.