House of Lords Journal Volume 18: 10 January 1706

DIE Jovis, 10 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Marlborough takes the Oaths.

This Day John Duke of Marlborough took the Oaths, and made and subscribed the Declaration, and took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Chetham verses Lamplugh.

Upon reading the Petition of Ralph Chetham; praying, "That a Day may be appointed, for hearing of his Appeal depending in this House, whereunto Mary Lamplugh Widow is Respondent:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Two and Twentieth Day of this Instant January, at Eleven a Clock.

Holworthy and Neale, Leave for a Bill.

Upon reading the Petition of John Holworthy, of the Parish of St. James's, in the County of Middix, Gentleman, and of Henry Neale, of London, Merchant, One of the Creditors of the said John Holworthy, on Behalf of himself and all other Creditors of the said John Holworthy; praying Leave to bring in a Bill, for the vesting a Legacy of Two Thousand Pounds, given by the Will of his Mother, Mrs. Anne Holworthy, in Trustees, to be applied for the Payment of the Debts of the said John Holworthy, pursuant to an Agreement made with his Creditors:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave to bring in a Bill, according to the Prayer of the said Petition.

Marbury & al. versus Torbuck & al.

Upon reading the Petition and Appeal of Katherine Marbury Spinster, Benjamine Woodroffe Doctor in Divinity and Mary his Wife, Gilbert Thacker Esquire and Elizabeth his Wife, which said Katherine, Mary, and Elizabeth, are the Sisters and Coheirs of William and Richard Marbury, late of Marbury, in the County of Chester, Esquires, deceased, from the Reports, and several Orders and Proceedings, made in the Court of Chancery; (videlicet,) the Reports whereby the Debts of Andrews, Noy, and Couch are reported, and the Order of the Three and Twentieth of June One Thousand Seven Hundred and Three, relating to the Appellant's, Doctor Woodroff's, losing of his One Thousand Pounds; and the Order of the Nine and Twentieth of April One Thousand Seven Hundred and Four, whereby the said Appellant was discharged from being the Purchaser of the Premises, and ordered to pay Costs; and the Order of the Eighth of June One Thousand Seven Hundred and Five, whereby the Earl Rivers was irregularly admitted the Purchaser of the Premises in Question; and the other Proceedings on the Decree, made on the Behalf of George Torbuck, John Warrall, Anne Andrew, Richard Spour, and others, Creditors of William Marbury Esquire, deceased; and praying, "That the said several Reports, and subsequent Orders and Proceedings, may be reversed; and that the several and respective Creditors, the Mortgagees, and the Bond and Simple Contract Creditors, Parties to the several Suits, and the Earl Rivers, may answer:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said respective Creditors, the Mortgagees, and the Bond and Simple Contract Creditors, and the Earl Rivers, may have a Copy of the said Appeal; and do put in their Answer or several Answers to the said Petition, in Writing, on or before Monday the Eight and Twentieth Day of this Instant January, at Eleven a Clock; and that the Service of this Order upon the Respondent's Clerk in Chancery shall be good Service, in order thereunto.

Holworthy's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the removing all Doubts touching the Saving Clause of One Act of Parliament, 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."

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 Friday the Five and Twentieth Day of this Instant January, at Ten a 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, undecimum diem instantis Decembris, hora undecima Auroræ Dominis sic decernentibus.