House of Lords Journal Volume 18: 29 January 1707

DIE Mercurii, 29 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir Francis Masham and others:

Who brought up a Bill, intituled, "An Act for Sale of certain Houses, near Aldgate, in London, late the Estate of William Williams, deceased; and for purchasing Lands in Lieu thereof;" to which they desire the Concurrence of this House.

Carroll versus Otway.

Upon reading the Petition and Appeal of William Carroll, a Minor, by his Guardian Anthony Caroll Esquire, and Susan Carroll Widow, and Mother of the said Minor, from a Decree or Order made the Sixteenth Day of October last, by Francis Bernard Esquire, Chancellor of the Chancery Court of the Liberties and Regalities of Tipcrary, in the Kingdom of Ireland, on the Behalf of Thomas Otway Gentleman; and praying, "That all Proceedings on the said Decree or Order may be stopped:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Otway may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Wednesday the Six and Twentieth Day of February next; and that, after the Service of this Order upon the Respondent, all Proceedings on the said Decree or Order complained of in the said Appeal shall be, and are hereby, stayed.

Marks's Petition, referred to the Judges.

Upon reading the Petition of Mary Marks Widow, Relict and Executrix of the last Will and Testament of Richard Marks Esquire, her late Husband, deceased, and Richard Marks Eldest Son and Heir of the said Richard Marks deceased, for and in Behalf of themselves, and other Children, and of several Creditors of the said Richard Marks, deceased; praying Leave to bring in a Bill, for vesting the Manor of Westbury, with the Rights, Members, and Appurtenances thereof, in Trustees, with Power to sell the same; and, with the Money arising thereby, in the First Place to pay Debts; and the Residue to be applied and apportioned to and for the Benefit of the Petitioners, and of all the Children of the said Richard Marks, in Discharge of their Legacies:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to the Lord Chief Justice of Her Majesty's Court of Queen's Bench and the Lord Chief Justice of Her Majesty's Court of Common Pleas; who are forthwith to summon all Parties that are to be concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Persons concerned in the Consequences of the Bill have signed the Petition.

House called.

The House (pursuant to Order) was called over.

And the Lords following being absent; (videlicet,)

It was Ordered, That Letters be writ to the abovesaid absent Lords.

Which Letter is as follows:

Letter to absent Lords, desiring their Attendance.

"My Lord,

"I am commanded by the House, to signify to your Lordship, upon Occasion of your Absence when the House was called, the Nine and Twentieth Day of January Instant, that your Attendance on the Service of the House, upon extraordinary Business of the greatest Importance, is required (all Excuses set apart) so soon as possibly you can attend the same; and in case of Sickness, or other Matter which absolutely disables you, that then you send up Two Persons, to attest the same upon Oath. I am,

"Your Lordship's most humble Servant."

House of Peers, Jan. 29th, 1706.

Wilson versus Story.

After hearing Counsel, upon the Petition and Appeal of Ralph Wilson; as also upon the Answer of George Walter Story put in thereunto:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel further thereupon, on Friday next, at Eleven a Clock.

Harrington versus Horton.

Whereas Friday next is appointed, for hearing of the Cause wherein John Harrington and others are Appellants, and Thomas Horton 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 Monday the Third Day of February next, at Eleven a Clock; and that the Cause appointed that Day, and the other Causes, be removed, to come on in Course.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Boscawen and others:

Who brought up a Bill, intituled, "An Act for Sale of some Part of the Estate of Henry Darell Esquire, deceased, and leasing or mortgaging other Part thereof, to raise Money, to pay his Debts charged there upon; and for making Provision for his Widow and Younger Children;" to which they desire the Concurrence of this House.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tricesimum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.