House of Lords Journal Volume 15: 29 February 1696

DIE Sabbati, 29 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Association signed by Lords.

The Lord Chief Justice of the Common Pleas sat Speaker.

This Day the Lords following signed the Association; (videlicet,)

Sir T. Wagstaffe's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Sir Thomas Wagstaff Knight to raise and secure a Portion for Frances his only Daughter and Heir Apparent."

St. Lawrence Old Jewry, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to ascertain and settle the Payment of the Impropriate Tithes of the Parish of St. Lawrence Old Jewry, in London, to the Master and Scholars of Ballioll Colledge in Oxford, and confirming an Award made concerning the same."

The Question was put, "Whether this Bill, with the Amendments, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Sir John Francklyn and Sir John Hoskyns:

To return the said Bill, and desire their Concurrence to the Amendments.

City of London versus Bill for further regulating Elections.

Upon reading the Petition of the Lord Mayor, Aldermen, and Commons of the City of London, in Common Council assembled; praying, "That they may be heard, by themselves and Counsel, against a Clause in the Bill, intituled, An Act for further regulating Elections of Members to serve in Parliament:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by themselves or Counsel, as desired, on Monday the Ninth Day of March next, at Ten of the Clock in the Forenoon.

Town of Monmouth versus Wye and Lugg Rivers, for making navigable; Bill:

Upon reading the Petition of the Mayor, Bailiffs, Common Council, Gentlemen, and other Inhabitants, of the Town of Monmouth; praying to be heard, before the passing of the Bill, intituled, "An Act for making navigable the Rivers of Wye and Lugg, in the County of Hereford:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by their Counsel, against the said Bill, on Thursday the Fifth Day of March next, at Ten of the Clock in the Forenoon.

Crosfield discharged.

Upon reading the humble Petition of Robert Crosfeild; praying to be discharged out of Custody:

It is Ordered by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Crosfeild shall be, and is hereby, discharged from the Restraint he now lies under; and this shall be a sufficient Warrant on that Behalf.

To Sir Fleetwood Sheppard, Gentleman Usher of the Black Rod, his Deputy or Deputies, and every of them.

Guineas, to withdraw the Obligation for coining, Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for taking off the Obligation and Encouragement for the Coining of Guineas for a certain Time therein mentioned."

After some Time, the House was resumed.

And the Lord Herbert of Chirbury reported, "That the Committee had gone through the said Bill; and think it fit to pass, with the Addition of One Clause at the End of the Bill."

Which, being read Twice, was agreed to; and ORDERED, That the said Clause be engrossed.

Message from H. C. to return the Bill for Relief of poor Prisoners.

A Message was brought from the House of Commons, by Sir John Lowther and others:

To return the Bill, intituled, "An Act for Relief of poor Prisoners for Debt or Damages;" and to acquaint this House, that they have agreed to the Lords Amendments.

Message from thence, with a Bill.

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

Who brought up a Bill, intituled, "An Act to continue Four former Acts, for preventing Theft and Rapine upon the Northern Borders of England;" to which they desire the Concurrence of this House.

Jerman versus Orchard, in Error:

Upon hearing Counsel this Day, at the Bar, to argue the Errors assigned by Philip Jerman and Sarah his Wife, Plaintiffs in a Writ of Error brought into this House the Sixteenth Day of December, One Thousand Six Hundred Ninety-five, to which Martha Orchard Widow is Defendant, for reversing a Judgement given upon a Writ of Error, before the Justices of the Common Pleas and Barons of the Exchequer, in the Exchequer Chamber, wherein the said Justices of the Common Pleas and Barons of the Exchequer had reversed a Judgement given in the Court of King's Bench, for the said Philip Jerman and Sarah his Wife, against the said Mary Orchard.

Judgement affirmed.

After due Consideration had of what was offered thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the Court of Exchequer Chamber, before the Justices of the Common Pleas and Barons of the Exchequer, for Reversal of the said Judgement in the King's Bench, shall be, and is hereby, affirmed.

The Tenor of which Judgement, to be affixed to the Transcript of the said Record to be remitted, is as followeth; (videlicet,)

"Postea, scilicet, Decimo Sexto Die Decembris, Anno Regni Domini Gulielmi Tertii nunc Regis Angl. &c. Septimo, Transcript. Record. et Process. prædict. cum omnibus ea tangent. Prætextu cujusdam Brevis de Errore corrigend. per præsat. Philippum Jerman et Sarah Ux. ejus in Præmiss. prosecut. dict. Anno Domini Regis in præsenti Parliamento, a præd. Cur. dict. Domini Regis hic transmissum suit; prædict. que Phillippus Jerman et Sarah, in eadem Cur. Parliamenti comparentes, diversas Mater. pro Error. in Record. et Process. super Brevede Error. coram Justiciar. de Communi Banco et Baronibus de Scaccario in Cur. Cameræ Scaccarii, pro Reversatione Judic. reddit. in Cur. dict. Domini Regis coramipso Rege, pro Revocatione et Adnullatione Judicii illius, assignaverunt; ad quas Maria Orchard, in eadem Cur. Parliamenti scilicet comparens, placitavit, quod nec in Record. et Process. super prædict. Breve de Error. coram Justiciar. et Baron. præd. nec in Redditione ejusdem Judicii præd. in prædict. Cur. Cameræ Scaccarii præd. coram Justic. et Baronibus præd. in ullo suit Errat.: Postmodumque, scilicet, Die Sabbati, Vicesimo Nono Die Februarii, Anno Regni dict. Domini Regis nunc Octavo, in prædict. Cur. Parliamenti diligent. examinat. et plenius intellect. tam Record. et Process. præd. super prædict. Breve de Error. in præd. Cur. Cameræ Scaccarii præd. coram Justiciar. de Communi Banco et Baronibus de Scaccario, ac Judic. super eisdem reddit. in præd. Cur. Cameræ Scaccarii quam præd. Error. in Cur. Parliamenti superius assign. pro eo quod videtur Cur. Parliamenti præd. quod Record. ill. in nullo vitiosum aut defectivum existit, et quod in Record. illo in nullo est Errat: Ideo, ad tunc et ibidem cons. est per eandem Cur. Parliamenti præd. quod Judic. præd. super Breve de Error. in præd. Cur. Cameræ Scaccarii præd. coram Justic. de Communi Banco et Baronibus de Scaccario præd. reddit. pro Reversatione Judicii præd. reddit. in prædict. Cur. Domini Regis coram ipso Rege in omnibus affirmetur, et in omni suo Robore stet et Effectu; dictis Causis et Materiis pro Error. assign. in aliquo non obstant.; super qu. Record. præd. nec non Process. præd. in eadem Cur. Parliamenti in Præmiss. hic remittuntur, coram Domino Rege, ubicunque &c."

Adjourn.

Georgius Treby Miles, Capitalis Justic. Com. Placit. declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, (videlicet,) secundum diem Martii jam prox. futur. hora decima Aurora, Dominis sic decernentibus.