House of Lords Journal Volume 17: 25 February 1702

DIE Mercurii, 25 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Warner's Bill.

The Earl of Winchilsea reported from the Lords Committees, the Bill, intituled, "An Act to enable Warner Lee, alias Warner Warner, to make a Jointure upon his Marriage," 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.

Vaughan versus Thurston.

After hearing Counsel upon the Petition and Appeal of Jonathan Vaughan and Katherine his Wife, Relict and Executrix of John Thurston Gentleman, deceased, from a Decree made in the Court of Chancery the Six and Twentieth Day of July last, on the Behalf of Robert Thurston, and a subsequent Order of the Thirteenth of November last; and praying the Reversal of the said Decree and Order, and other Proceedings therein; as also Counsel for the said Robert Thurston; and due Consideration had of what was offered thereupon:

Judgement.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Jonathan Vaughan and Katherine his Wife shall be, and is hereby, dismissed this House; and that the Decree, Order, and Proceedings, therein complained of, shall be, and is hereby, affirmed: And it is further ORDERED, That the Appellants Jonathan Vaughan and his Wife shall pay, or cause to be paid, unto the said Robert Thurston, the Sum of Twenty Pounds, for his Costs.

Johnson, Leave for a Bill.

Upon reading the Petition of William Johnson and Mary his Wife; praying Leave to bring in a Bill for Sale of an Estate in the Counties of Surrey and Sussex, for clearing Incumbrances, and making Provision for Younger Children:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have Leave to bring in a Bill, as desired.

Etterick's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain Lands, in the Counties of Bedford, Hertford, and Midd'x, in Trustees, to be sold; and for purchasing other Lands, of a greater Yearly Value, to be settled to the same Uses."

E. of Anglesey's Privilege; Barrett attached, for entering his House:

The House being informed, upon Oath, "That one Charles Barret had committed a Breach of Privilege, upon the Possession of John Earl of Anglesey, a Peer of this Realm, by entering into the said Earl's House, at Bletchington, in Oxfordsh'r, the Nine and Twentieth of February last, and kept Possession for Five Days for Mr. Annesley, after the said Earl was in quiet Possession, in the Time of Privilege of Parliament, contrary to Privilege of Parliament:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Charles Barret, and bring him in safe Custody to the Bar of this House; and this shall be a sufficient Warrant on that Behalf:

To Peter Persehouse Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them; and to all Mayors, Sheriffs, Bailiffs, Constables, and other His Majesty's Officers, to be aiding and assisting in the Execution hereof.

Cole attached, for demanding an Attournment of his Tenants.

The House being informed, upon Oath, "That Henry Cole hath committed a Breach of Privilege against John Earl of Anglesey, a Peer of this Realm, by demanding an Attournment of the Earl of Anglesey's Tenants in Ireland, after the said Earl was in quiet Possession, and discharging the Tenants from paying any Rents to his Lordship, in the Time of Privilege of Parliament, contrary to the Privilege of Parliament:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Henry Cole, and bring him in safe Custody to the Bar of this House, to answer for his said Offence; and this shall be a sufficient Warrant on that Behalf.

To Peter Persehouse Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them; and to all Mayors, Sheriffs, Bailiffs, Constables, and other Officers, to be aiding and assisting in the Execution hereof.

Bp. of Gloucester's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the Bishop of Gloucester and his Successors to make distinct and separate Leases of the Manors, Lands, and Premises, therein mentioned."

Quakers Affirmation to be taken, Bill to continue the Act for.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing an Act, intituled, An Act that the solemn Affirmation and Declaration of the People called Quakers shall be accepted, instead of an Oath in the usual Form."

ORDERED, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time spent therein, the House was resumed.

And the Lord Viscount Longueville reported, "That the Committee had gone through the said Bill; and think it fit to pass, without any Amendment."

ORDERED, That the said Bill be read the Third Time To-morrow, at One a Clock, and not before.

Sir B. Firebrace versus Moore.

Upon reading the Petition and Appeal of Sir Basil Firebrace Knight and Baronet, against a Decretal Order made in the Court of Chancery, the One and Thirtieth of January last, in a Cause there depending, between Arthur Moore Esquire Plaintiff, and the Petitioner and others Defendants; and praying Relief against the said Decretal Order:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Arthur Moore may have a Copy of the said Appeal; and may answer thereunto, in Writing, on Wednesday the Eleventh Day of March next, at Eleven of the Clock in the Forenoon.

Newdigate's Pet. for a Bill.

Upon reading the humble Petition of Amphillis, Jane, Elizabeth, and Juliana, Daughters of Sir Richard Newdigate Baronet; praying Leave to bring in a Bill, to be relieved against some cruel Severities and unreasonable Usage and Practices of their Father Sir Richard Newdigate:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition do lie upon the Table until To-morrow, after One of the Clock; at which Time the said Petition shall be read again.

Harris versus Parker.

Upon reading the Petition and Appeal of William Harris Esquire, from a Decree of Dismission made in Chancery, the Sixth of July One Thousand Six Hundred Ninety-nine, on the Behalf of George Parker Esquire, in Three several Causes there depending; the First, between William Harris Esquire Plaintiff, and George Parker Esquire Respondent; the Second, between the said George Parker Plaintiff, and His Majesty's Attorney General and others Defendants; and the Third, between His Majesty's said Attorney General Plaintiff, and the said William Harris and others Defendants; and praying the said Decree of Dismission may be reversed and set aside; and that the said George Parker and the other Parties may answer:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said George Parker, and others therein concerned may have a Copy of the said Appeal, and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on Wednesday the Eleventh Day of March next, at Eleven of the Clock in the Forenoon.

Adjourn.

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