House of Lords Journal Volume 17: 26 February 1704

DIE Sabbati, 26 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir Thomas Hanmer and others:

Who brought up a Bill, intituled, "An Act for Sale of the Estate of John Digby Esquire, deceased, in the County of Buckingham; and dividing the Money between Sir John Conway Baronet and Richard Mostyn Esquire; and for settling the Estate of Sir John Conway, in the County of Flint, and making Provision for his Son and Daughter, according to an Agreement for that Purpose;" to which they desire the Concurrence of this House.

Conway and Mostyn's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of John Digby Esquire, deceased, in the County of Buckingham; and dividing the Money between Sir John Conway Baronet and Richard Mostyn Esquire; and for settling the Estate of Sir John Conway, in the County of Flint, and making Provision for his Son and Daughter, according to an Agreement for that Purpose."

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

A Message was brought from the House of Commons, by Sir Charles Turner and others:

To return the Bill, intituled, "An Act for vesting divers Manors and Lands of Mathew Holworthy Esquire in Trustees, to be sold; and purchasing other Manors or Lands, of equal Value; and limiting the Manors or Lands to be purchased to the same Uses as the Lands to be sold are limited;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Andrews's Bill.

The Lord Guilford reported from the Lords Committees, the Bill, intituled, "An Act to charge the Estate of Ambrose Andrews with Monies for Payment of Debts; and for supplying some Defects in the Settlement of the said Estate, for making a Jointure and Leases upon the said Estate," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act to charge the Estate of Ambrose Andrews with Monies for Payment of Debts; and for supplying some Defects in the Settlement of the said Estate, for making a Jointure and Leases upon the said Estate."

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. to return Cary's Bill.

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

To return the Bill, intituled, "An Act for vesting the Manor of Yeovilton, in the County of Somerset, and other Lands therein mentioned, of William Cary Esquire, in Trustees, for discharging Incumbrances, and making Provision for his Younger Children;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Which said Amendments were read Thrice, and agreed to; and ORDERED, That the Commons have Notice thereof.

Symmes et al. versus E. of Bristol et al.:

After hearing Counsel upon the Petition and Appeal of Richard Symmes Esquire, Katherine Stokes Widow, John Coggs Citizen and Goldsmith of London, and John Blow Doctor of Music, and Mary Masters, the surviving Executors of Roger Hewet Gentleman, deceased, Creditors, by Judgement, of Sir William Basset, late of Claverton, in the County of Somerset, Knight, deceased, on Behalf of themselves and such others who shall take the Benefit and contribute towards the Charges thereof, from a Decree made in the Court of Chancery, about the Third Day of July One Thousand Six Hundred Ninety-seven, in certain Causes, wherein the Earl and Countess of Bristol, and several others, were Plaintiffs; and praying, "That the said Decree, as to the postponing the Petitioners Judgements, in respect of the Mortgages which are subsequent in Time to those Judgements, may be reversed; and that the Petitioners may be let in, to have Satisfaction of their said several Judgements, out of the Estate of the said Sir William Basset, and the Monies raised by Sale thereof, according to the due and legal Course of Payment of Debts and Incumbrances; and that the same may take Place according to their respective Priorities, and be paid and satisfied before such Mortgages as shall appear to be subsequent in Time (fn. 1) the Petitioners said Judgements, and the said several other Creditors, who have Mortgages or other Securities subsequent in Time to the Petitioners Judgements:" As also upon the Answers of Anne Symonds Widow, Edward Hoblyn and Thomas Hoblyn Gentlemen, Robert Millington Esquire and Jane his Wife, Executrix of the last Will and Testament of John Hill, deceased, put in thereunto; and due Consideration of what was offered thereupon:

Judgement.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree, so far as it hath been executed, shall not be set aside or opened; but as to the Monies now remaining undivided, pursuant to the Decree, the Appellants shall be let in to a Satisfaction of their Debts, according to the Priority of their several Securities; and also that the Respondents shall be at Liberty to contest the Appellants or any other of the Creditors Debts, in Chancery, before the Master to whom the Accompt was directed to be taken, if they think fit; and so far the said Decree is to be reversed and opened.

Adjourn.

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