House of Lords Journal Volume 17: 31 January 1705

DIE Mercurii, 31 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Kildare's Bill.

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for confirming an Agreement, made by certain Articles by and between John Earl of Kildare, Richard Lord Bellew and Frances his Lady, Charlotte Countess of Newburgh, and William Rowley Esquire; and for selling Part of the Estate of the said Earl of Kildare, for the Purposes therein mentioned," as fit to pass, without any Amendment.

ORDERED, That the said Bill be engrossed.

Appeals, &c. not to be received after this Day.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That after this Day, this House will not receive any Appeal, or Writ of Error, this Session of Parliament.

Marshal's Men, Petition.

Upon reading the Petition of the Six Under Marshals belonging to Her Majesty's Household:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Clerks do give the House an Account what hath been done formerly upon the like Petitions.

Thanks to Bp. of Peterborough, for his Sermon.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Peterborough, for his Sermon preached Yesterday before this House, in the Abbey Church, Westm'r; and he is hereby desired to print and publish the same.

Sands's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of John Sands Esquire, in the County of Surrey, for Payment of his Debts, and raising a Portion for his Daughter."

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 Wednesday the Fourteenth Day of February next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Waller's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Edmund Waller Esquire to charge his Estate (not settled upon his Wife in Jointure) with a Sum of Money, for Payment of his Debts."

ORDERED, That the Consideration of the said Bill be referred to the Lords Committees above named; who are to meet at the same Time and Place.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir William Hustler and others:

Who brought up a Bill, intituled, "An Act for Sale of several Lands, in the Counties of Durham and Northumberland, late of Patricius Crowe Esquire, deceased, for the raising the Portions charged thereupon for his Younger Children;" to which they desire the Concurrence of this House.

Crowe's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of several Lands, in the Counties of Durham and Northumberland, late of Patricius Crowe Esquire, deceased, for the raising the Portions charged thereupon for his Younger Children."

To exclude Persons in Offices out of H. C. Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act for excluding out of the House of Commons all Persons in any Offices or Employments erected since the Sixth Day of February One Thousand Six Hundred Eighty-four, or to be erected," shall be read the First Time To-morrow, at One a Clock.

Ball's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Richard Ball, in Little Appulby and Great Appulby, in the Counties of Derby and Leicester; and for laying out so much of the Money as will purchase another Estate, of equal Value, to be settled to the same Uses; and the Residue in making Provision for Younger Children."

Bludworth's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Charles Bludworth Esquire, deceased, for Payment of his Debts."

French Goods, to prohibit, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for prohibiting the Importation of all French Goods."

Bail in frivolous Actions, to prevent exacting, Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee upon the Bill, intituled, "An Act to prevent exacting Bail in frivolous and feigned Actions," on Monday next, at Twelve a Clock.

Delays in Writs of Error, to prevent, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to prevent Delays in Writs of Error in several Cases."

ORDERED, That the said Bill be committed to a Committee of the whole House, To-morrow, at Eleven a Clock; and that the Lord Chief Justice of Her Majesty's Court of Queen's Bench and some other of the Judges do then attend.

Griffin's Bill.

The Earl of Winchilsea reported from the Lords Committees, the Bill, intituled, "An Act for enabling Trustees to make Leases of Part of the Manor of Dingley, and Lands there, for Payment of the Debts of James Griffin Esquire, and raising Portions for Younger Children," 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.

Message from H. C. with a Bill.

A Message from the House of Commons, by the Lord Wm. Powlet and others:

Who brought up a Bill, intituled, "An Act to empower the Lord High Treasurer, or Commissioners of the Treasury, to compound with Thomas Whitley Esquire, as he was One of the Sureties of Morgan Whitley Esquire, late Receiver General for the Counties of Chester and North Wales;" to which they desire the Concurrence of this House.

Records in Offices, Report concerning.

The Lord Halifax reported from the Lords Committees appointed to consider of the Method of keeping Records in Offices, and of Ways to remedy what shall be found amiss, as follows; (videlicet,)

"That their Lordships, having viewed the Two Rooms, or small Chambers, where Presses, Drawers, and Shelves are designed to be placed, for receiving the Records in Cesar's Chapel, as they should be cleaned from the Dust, and finding them to be contiguous to some Apartments, and over a little Ground Room, now in the Possession of the Treasurer of Her Majesty's Ordnance, and separated only by a rotten Partition of Wood; their Lordships are of Opinion, That it is absolutely necessary, for the Security of the Records, that a Brick Wall be made, and the said little Ground Room appropriated to the Office of Records; which will render it a safe Repository, as being secured by strong Stone Walls on all other Sides from any Accident that may happen by Fire in the adjacent Buildings."

To which Report the House agreed; and,

Report to be laid before the Queen.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord High Treasurer of England do lay the abovesaid Report before Her Majesty, and humbly desire Her Majesty's Order herein.

Sir T. Smith, against Lister's Bill.

Upon reading the Petition of Sir Thomas Smith Baronet; praying to be heard, against the Bill, intituled, "An Act to enable Trustees to sell such Part of the Estate of Richard Lister Esquire and Frances Pate Lister his Wife, sole Daughter and Heir of Sir Thomas Smith Baronet, deceased, in the County of Chester and City of Chester, as remains unsold, in order to raise Money for Payment of the Debts of the said Sir Thomas Smith, and for Portions for Younger Children of the said Frances Pate Lister; and for applying the Overplus in the Purchase of other Lands, to be settled to the same Uses as they are now settled; and likewise for confirming such Leases and Sales as have been made towards Discharge of the said Debts:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard, as desired, before the Lords Committees to whom the said Bill stands committed.

England & al. versus Eles & Ux.

Upon reading the Petition and Appeal of John England and Mary his Wife, late Mary Fauntleroy Spinster, against a Decretal Order made in the Court of Chancery, on the First Day of July One Thousand Seven Hundred and Two, in a Cause wherein John Eles and Rose his Wife were Plaintiffs, against the now Appellants Defendants; and also against another Order made in the said Court, on the Re-hearing of the said Cause, the Fifth Day of December One Thousand Seven Hundred and Four, which confirms the said Decretal Order; and praying "Relief therein; and that John Eles and Rose his Wife do answer the said Appeal:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Eles and Rose 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 Saturday the Tenth Day of February next, at Eleven a Clock.

Godolphin versus Tuder, in Error:

Whereas, by virtue of Her Majesty's Writ of Error returnable in Parliament, a Record of Her Majesty's Court of Queen's Bench was brought into this House, the Eighth Day of December last, wherein Judgement is entered for Thomas Tuder, Executor of the last Will and Testament of Thomas Tuder Gentleman, against Charles Godolphin Esquire and Elizabeth his Wife, and Administratrix, with the last Will annexed, of Sir William Godolphin Knight; whereupon Errors are assigned, and Issue joined:

Judgement affirmed.

After hearing Counsel this Day, to argue the Errors thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement, given in Her Majesty's Court of Queen's Bench, for the said Thomas Tuder, against the said Charles Godolphin and his Wife, shall be, and is hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House.

The Tenor of which Judgement, to be affixed to the Record to be remitted, followeth:

"Postea, scilicet, Octavo Die Decembris, Anno Regni Dominæ Annæ nunc Reginæ Angl. &c. Tertio, Transcript. Record. et Process. inter Partes præd. cum omnibus ea tangen. Prætextu cujusd. Brevis de Errore corrigend. per præd. Carolum Godolphin et Eliz'am Uxorem ejus in Præmiss. prosecut. dictæ Dominæ Reginæ in præsenti Parliamento a præd. Cur. dictæ Dominæ Reginæ, coram ipsa Regina, hic transmiss. fuit; prædictusque Carolus Godolphin et Elizabetha Uxor ejus, in eadem Cur. Parliamenti comparen. per Josephum Sherwood Attorn. suum, diversas Causes et Materias pro Error. in Record. et Process. præd. pro Revocatione et Adnullatione Judicii præd. assignaverunt; ad quas præsat. Thomas Tuder Execut. coram eadem Regina in eadem Cur. Parliamenti similiter comparens per Will'um Whitehead Attorn. suum, placitavit, quod nec in Record. et Process. præd. nec in Redditione Judicii præd. in ullo fuit Errat. Sed quia Cur. dictæ Dominæ Reginæ hic, coram ipsa Regina in Parliamento suo, de Judicio de et super Præmiss. reddend. nondum advisatur, Dies inde dat. est Partibus præd. coram eadem Domina Regina in Parliamento suo, usque Diem Mercurii, Tricesimum Primum Diem Januarii prox. futur. ubicunque &c. de Judicio suo de et super Præmiss. ill. audiend. eo quod Cur. dictæ Dominæ Reginæ hic in Parliamento suo inde nondum &c. Ad quem Diem, coram dicta Domina Regina in Parliamento suo, ven. tam præd. Thom. Tuder Executor, quam præd. Carolus Godolphin et Eliza. Uxor ejus per Attorn. suos præd.; super quo, visis Præmissis, et per Cur. dictæ Dominæ Reginæ nunc hic in Parliamento suo diligenter examinatis et plenius intellectis tam Record. et Process. præd. ac Judic. superinde reddit. quam præd. Caus. pro Error. assign. et allegat. pro eo quod videtur Cur. dictæ Dominæ Reginæ nunc hic in Parliamento suo, quod Record. ill. in nullo vitiosum aut defectivum existit, ac quod in Record. et Process. ill. in nullo est Errat.; ideo consideratum est per eandem Cur. Parliamenti, quod Judicium præd. in omnibus affimetur, et in omni suo Robore stet et Effectu; dict. Caus. superius pro Error. assign. in aliquo non (fn. 1) obstantibus; et quod Record. et Process. præd. Cur. dictæ Dominæ Reginæ, coram ipsa Regina ubicunque &c. per Cur. dictæ Dominæ Reginæ hic in Parliamento suo remittuntur, &c."

Adjourn.

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