House of Lords Journal Volume 17: 5 February 1702

DIE Jovis, 5 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir Joseph Tily versus Wharton.

Upon reading the Petition of Sir Joseph Tily Knight, and Dame Deborah his Wife, Relict and Administratrix, with the Will annexed, of Sir John Roberts Baronet, deceased; shewing, "That, on the Twenty-fifth Day of April last, they appealed against Two several Decrees made in the Chancery, the Twenty-eighth of June and the Two and Twentieth of March One Thousand Seven Hundred, in a Cause then there depending, wherein William Wharton Esquire and Eunice his Wife were Plaintiffs, and the Petitioners and others Defendants; upon hearing whereof, this House, on the One and Thirtieth of May and the Ninth Day of June last, did reverse the said Decrees so far, as that there should be a Trial at Law, to try whether the Bond in Question, dated the Three and Twentieth of October One Thousand Six Hundred and Ninety, was executed by Sir John Roberts, or not; that the Issue was tried the Seven and Twentieth of October last, and a Verdict for the Petitioner; and praying a Day may be appointed, to hear the Matters upon the Equity reserved; and that the Record of the last Verdict may be read at the Hearing:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Wharton and his Wife may have a Copy of the said Petition; and do put in their Answer thereunto, in Writing, on Saturday the Fourteenth Day of this Instant February, at Eleven of the Clock in the Forenoon; and that the Record of the last Verdict in The King's Bench shall be brought, at the Hearing of the Cause in this House.

Hamilton versus Stevenson.

Upon reading the Petition and Appeal of James Hamilton, of Bangor, in the Kingdom of Ireland, Esquire, and Hans Hamilton Esquire, Grandson and Heir of Sir Hans Hamilton Knight and Baronet, deceased, from a Decree made in the Court of Chancery in Ireland, the Tenth Day of February One Thousand Six Hundred Ninety-eight; and other Decrees and Orders made in the Cause wherein Hans Stevenson and Anne his Wife are Plaintiffs, and the Petitioners and others Defendants; and praying the Reversal of the said Decrees and Orders; and that the said Hans Stevenson and Anne his Wife do answer the said Petition; and that Proceedings be stayed in the mean Time:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hans Stevenson and Anne his Wife may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing, on Thursday the Nineteenth Day of March next, at Eleven of the Clock in the Forenoon; and that, in the mean Time, all Proceedings be stayed in the said Cause.

Wentworth versus Raby.

Upon reading the Petition of Thomas Wentworth, alias Watson, Esquire; shewing, "That he hath an Appeal depending in this House, to which the Lord Raby and others are Respondents; and that the Petitioner is Respondent to an Appeal of the said Lord Raby, both relating to several Orders and Proceedings in the Chancery in Ireland; that the Petitioner put in his Answer to the Lord Raby's Appeal on Tuesday last, and Yesterday both Appeals were ordered to be heard the Eighteenth Instant; that the Petitioner is ready to proceed on the Matter of his own Appeal; but, in regard there are Books of Accompts in Ireland, which were kept by Sir Joshua Allen and Doctor Hall, since deceased, which were used in the Chancery in Ireland, and will be necessary for the Petitioner's Defence at the Hearing on the Lord Raby's Appeal; and praying an Order to the Executors of Sir Joshua Allen and Doctor Hall, to produce the said Books at the Hearing of the said Appeal:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Hearing of Mr. Wentworth's Appeal against the Lord Raby shall stand as ordered Yesterday; and that the Executors of Sir Joshua Allen and Doctor Hall do, at Mr. Wentworth's Charge, cause the said Books to be produced, at the Hearing of the Lord Raby's Appeal; and hereof they are not to fail, as the contrary will be answered to this House.

Naval Stores from Russia, Account of.

Whereas, by a Clause in a late Act of Parliament, intituled, "An Act for enlarging the Trade to Russia," the Commissioners of the Customs shall, at every Sessions of Parliament, lay before this House, a true Account, in Writing, under their Hands, of what Naval Stores have been imported into this Kingdom by any Persons trading to Russia:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners of the Customs do, with all convenient Speed, lay the said Account before this House.

Trustees, of forfeited Estates in Ireland, to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Trustees, now in Town for Sale of the forfeited Estates in Ireland, do attend this House To-morrow, at Eleven a Clock, with an Account in Writing of their Proceedings, in relation to the late Act of Parliament in that Behalf.

Inspector General Customs, Balance of Trade.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Inspector General of the Customs do lay before this House, with all convenient Speed, an Account of the Balance of Trade, since that Office hath been erected.

Commissioners of Trade, about the Plantation Trade.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners of Trade do lay before this House, with all convenient Speed, an Account, in Writing, of what they have done in relation to the Plantation Trade, since their last Representation laid before this House.

Sir Henry Goring versus Bishop.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Sir Henry Goreing Baronet is Appellant, and Sir Cecil Bishop Respondent, on Monday the Sixteenth Day of this Instant February, at Eleven of the Clock in the Forenoon.

Sir Thomas Cook's Legacy, for a College at Oxford.

The House being informed, "That Sir Thomas Cookes, of Worcestershire, had; by his Will, given Ten Thousand Pounds, for the founding of a College in Oxford; and that there would be Occasion for an Act of Parliament, for settling the same, and confirming the Statutes already made pursuant to the said Will, and others to be made:"

The Lords following were appointed a Committee for that Purpose:

Lords Committees appointed to draw and bring in a Bill, for settling of Sir Thomas Cook's Charity of Ten Thousand Pounds, for the erecting of a College in Oxford; and they have hereby Power to send for the Trustees in the Will mentioned; and such other Persons, Papers, and Records, as they shall think fit.

Their Lordships, or any Five of them; to meet on Tuesday 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.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.