House of Lords Journal Volume 15: 13 January 1693

DIE Veneris, 13 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bovey versus Ly. Smith & al.

The House being this Day moved, "That a Day may be appointed for hearing of the Cause wherein James Bovey is Appellant, and Dame Anne Smith and others Respondents:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Tuesday the Four and Twentieth Day of this Instant January, at Ten of the Clock in the Forenoon.

Dashwood versus Champante.

Upon reading the Petition of Sir Robert Dashwood Knight and Baronet, Sir Samuel Dashwood Knight, John Pery, and Edward Noell, Esquires, Executors of George Dashwood Esquire, deceased, in Trust for the Younger Children of the said George Dashwood; shewing, "That the Court of Exchequer, pursuant to the Order of this House of the Four and Twentieth of April, One Thousand Six Hundred and Ninety, have proceeded to examine the Petitioners Witnesses, about Sir John Champante's having Notice of Mr. Dashwood's Assignment of his Interest in the Undertaking in Question to Sir James Hayes; and that, after the examining of the Witnesses, the Cause was again heard in that Court, and an Issue directed to be tried at Law, by an Order of this House of the Fifteenth of January, One Thousand Six Hundred and Ninety-one; and that the Trial was heard in Hillary Terme last, upon the Issue directed, and a Verdict given thereupon for the Petitioners; that the said Sir John Champante had due Notice that the said Mr. Dashwood had assigned his Interest in the said Undertaking to the said Sir James Hayes; and, in Easter Terme last, the Petitioners procured the Cause to be set down to be heard, for the Direction of the Court, how far the Petitioners should be accountable to Sir John Champante; and he then objected that the Court could not proceed, for that the Lord Ranelagh and others had an Appeal depending here; and praying Directions to the Court of Exchequer, that the said Sir John Champante's Accompts may be stated to the Time he had Notice of the Testator Mr. Dashwood's said Assignment:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Court of Exchequer shall proceed to state Sir John Champante's Accompts to the Time he had such Notice of the Testator Mr. Dashwood's said Assignment, notwithstanding the Appeal of the Lord Ranelagh and others depending in this House.

Deering's Bill.

Hodie 1^a vice lecta estBilla, intituled, "An Act for the better enabling the Trustees and Executors of Sir Edward Dering Baronet, deceased, to sell Lands by him devised for the Payment of his Debts."

Old Governors of Birmingham School versus' Hicks & al.

Upon hearing Counsel this Day, at the Bar, upon the Petition of the old Governors of the Free Grammar School in Bermingham, in the County of Warwick, of the Foundation of Edward the Sixth, complaining of several Proceedings in the Court of Chancery, on the Behalf of John Hicks the Schoolmaster under the new Charter; and "that, since the Judgement of this House, one Slaney and others, who acted as new Governors under King James' Charter, pretend, that they have as old Governors constituted Hicks Schoolmaster; and praying the Injunctions in the Court of Chancery may be dissolved;" as also upon the Answers of John Hicks and others put in thereunto:

After due Consideration had of what was offered on either Side thereupon, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Injunctions made by the Court of Chancery, complained of in the said Petition, shall be, and they are hereby, dissolved; and that there shall be a Trial at the King's Bench Bar the next Term, by a Jury of Middl'x, upon this Issue,

Whether Mr. Hicks is duly elected Schoolmaster of the Free School in Bermingham, or not?"

Messages from H. C. with a Bill; and to return Popham's.

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

Who brought up a Bill, intituled, "An Act for granting to Their Majesties an Aid of Four Shillings in the Pound, for One Year, for carrying on a vigorous War against France;" to which the Concurrence of this House is desired.

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

To return the Bill, intituled, "An Act to enable Alexander Popham Esquire to settle a Jointure upon his Wife, and to make Provision for Younger Children, upon Receipt of Twelve Thousand Pounds Portion, to be applied for Payment of his Debts;" that the Commons have agreed to the Amendments made by this House in the Bill.

L. Mohun committed to the Black Rod.

The House being informed, "That Charles Lord Mohun hath surrendered himself to this House:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Charles Lord Mohun shall be, and he is hereby, committed to the Gentleman Usher of the Black Rod attending this House.

To Sir Thomas Duppa, Gentleman usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.

A Debate arose, "Whether the Aid Bill, brought up this Day, shall be read now?"

The Question was put, "Whether the House shall be now adjourned until To-morrow Morning?"

It was Resolved in the Negative.

Land Tax Bill.

Then, Hodie1vice lecta est Billa, intituled, "An Act for granting to Their Majesties an Aid of Four Shillings in the Pound, for One Year, for carrying on a vigorous War against France."

Englesyld versus Sir C. Englefyld.

Whereas To-morrow is appointed for hearing of the Cause wherein Anthony Englefyld is Appellant, and Sir Charles Englefyld Respondent:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Friday the Twentieth Day of this Instant January, at Ten of the Clock in the Forenoon; and that the Judges do then attend.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, (videlicet,) 14^um diem instantis Januarii, hora nona Aurora, Dominis sic decernentibus.