House of Lords Journal Volume 15: 10 March 1696

Journal of the House of Lords: Volume 15, 1691-1696. Originally published by His Majesty's Stationery Office, London, 1767-1830.

Citation:

'House of Lords Journal Volume 15: 10 March 1696', in Journal of the House of Lords: Volume 15, 1691-1696( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol15/pp700-701 [accessed 23 December 2024].

DIE Martis, 10 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:



Epus. Lodin. Epus. Dunelm. Epus. Roffen. Epus. Menev. Epus. Oxon. Epus. Elien. Epus. Petrib. Epus. Gloucestr. Epus. Asaph. Epus. Lincoln.	Dux Cumberland. Joh'es Sommers Miles, Ds. Custos Magni Sigilli. Dux Leeds, Ds. Præses. Comes Pembroke, Ds. Privati Sigilli. Dux Norfolke. Dux Devon, Ds. Senescallus. Dux Somerset. Dux St. Albans. Dux Bolton. Dux Bedford. March. Normanby. Comes Lindsey, Ds. Magnus Camerarius. Comes Kent. Comes Huntingdon. Comes Bridgewater. Comes Northampton. Comes Warwick. Comes Denbigh. Comes Manchester. Comes Rivers. Comes Stamford. Comes Winchilsea. Comes Carnarvon. Comes Sunderland. Comes Scarsdale. Comes Sandwich. Comes Essex. Comes Anglesey. Comes Bathe. Comes Sussex. Comes Feversham. Comes Maclesfeld. Comes Nottingham. Comes Rochester. Comes Abingdon. Comes Portland. Comes Monmouth. Comes Montagu. Comes Marleborough. Comes Torrington. Comes Scarbrough. Comes Bradford. Comes Rochford. Comes Tankerville.	Ds. Bergevenny. Ds. Willoughby Er. Ds. Lawarr. Ds. Ferrers. Ds. Fitzwalter. Ds. Willuby de Br. Ds. Eure. Ds. Wharton. Ds. Chandos. Ds. Hunsdon. Ds. Sidney. Ds. Brooke. Ds. Howard Esc. Ds. Raby. Ds. Jermyn. Ds. Culpeper. Ds. Clifforde L. Ds. Lucas. Ds. Cornwallis. Ds. Arundell Tr. Ds. Guilford. Ds. Godolphin. Ds. Cholmondeley. Ds. Ashburnham. Ds. Herbert Ch.

PRAYERS.

House in Great Queen Street, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better Improvement of a House and Ground in Great Queen Street."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Mr. Meredith:

To carry down the said Bill, and desire their Concurrence thereunto.

Bigg's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting certain Lands of Thomas Bigg and his Wife, in Chislet, in the County of Kent, in Trustees, for Payment of Debts, and making Provision for their Children."

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

It was Resolved in the Affirmative.

L. Tunbridge, Nat. Bill:

The Lord Herbert of Chirbury reported from the Committee, the Bill, intituled, "An Act to naturalize William Viscount Tunbridge, and other Children of the Earl of Rochford," as fit to pass, with some Amendments.

Which, being read Twice, were agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act to naturalize William Viscount Tunbridge, and other Children of the Earl of Rochford."

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

It was Resolved in the Affirmative.

Message to H. C. with it, and Bigg's Bill.

A Message was sent to the House of Commons, by Sir Miles Cooke and Mr. Meredith:

To return the said Two last above-mentioned Bills, and desire their Concurrence to the Amendments.

Tutbury, Needwood, &c. for revesting in the King, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for re-vesting in His Majesty the Honour of Tutbury, Forest of Needwood, several Manors, Parks, Lands, and Offices, and other Profits thereunto belonging, and for vacating certain Letters Patents therein mentioned."

Writs of Error brought in.

The Lord Chief Justice of His Majesty's Court of King's Bench in the usual Manner, brought up Two Writs of Error:

Talbot Clarke Mil. Plaintiff, versus John Cary Defendant.

Bennet Swayne Plaintiff, against Benjamine Middleton Defendant.

Juries, for better regulating, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Ease of Jurors, and better regulating of Juries."

Sir John Hanham protected, to attend his Bill depending in this House.

Whereas there is a Bill depending in this House, intituled, "An Act for vesting the Manor of Holme, alias East Holme, and other Lands of Sir John Hanbam Baronet, in the County of Dorset, in Trustees, to be sold, for discharging a Mortgage thereupon;" and the said Sir John Hanham not being able to attend this House, in order to declare his Consent to the said Bill in Person, as he ought to do, by reason of his being so far in Debt, that without this Bill he will not be in a Capacity to appear for the future:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir John Hanbam shall and he hath hereby the Protection of this House, from any Arrest or Attachment whatsoever, in his coming, staying here, and returning again, during the Dependance of the said Bill in this House; and this shall be a sufficient Warrant on that Behalf.

To all Mayors, Sheriffs, Undersheriffs, Bailiffs, and other Officers whatsoever, whom this may concern.

Norwood versus Norwoods.

After hearing Counsel this Day, upon the Petition and Appeal of John Norwood, from an Order of Dismission made in the High Court of Chancery, the Fifth Day of December, One Thousand Six Hundred Ninety-four, in a Cause wherein the Petitioner was Plaintiff, against Thomas Norwood Clerk and Elizabeth Norwood Defendants; as also upon the Answer of the said Thomas Norwood Clerk put in thereunto:

After due Consideration of what was offered thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of John Norwood shall be, and is hereby, dismissed this House; and that the said Order of Dismission, made the Fifth Day of December, One Thousand Six Hundred Ninety-four, complained of in the said Appeal, shall be, and is hereby, affirmed.

Parliament to meet, in Case of the King's Demise, Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the continuing, meeting, and sitting of a Parliament, in Case of the Death or Demise of His Majesty, His Heirs or Successors."

After some Time, the House was resumed.

And the Lord Marquis of Normanby reported, "That the Committee had gone through the said Bill, with some Amendments."

Upon Consideration whereof, it was ORDERED, That the Bill be re-committed.

Then the House was again adjourned during Pleasure, and put into a Committee thereupon.

And, being resumed, the Lord Marquis of Normanby reported, "That the Committee had made several "Amendments throughout the Bill."

Which, being read Twice, were agreed to.

Oldys versus Domville, in Error:

After hearing the Errors argued upon a Writ of Error, brought into this House the Seven and Twentieth Day of January last, from His Majesty's Court of Exchequer, wherein William Oldÿs is Plaintiff, and Charles Domville Defendant, for reversing a Judgement given for the said Charles Domville, against the said William Oldÿs, in granting a Prohibition to stop the Proceedings of William Oldÿs in the Court of Chivalry:

Judgement affirmed.

After due Consideration of what was offered by Counsel on either Side thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement give in His Majesty's Court of Exchequer, for the said Charles Domville, against the said William Oldÿs, shall be, and is hereby, affirmed.

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

"Postea, scilicet, Vicesimo Septimo Die Januarii, Anno Regni Domini Will'mi Tertii nunc Regis Angl. &c. Septimo, Transcript. Record. & Process. inter præfat. Carolum Domville & præd. Will'm Oldÿs, cum omnibus ea tangen. Prætextu cujusd. Brevis de Error. corrigend. per præd. Will'um Oldys in Præmiss. prosecut. Cur. dict. Domini Regis coram præfat. Domino Rege, in Parliamento suo, a præd. Cur. Scaccarii ejusdem Domini Regis, transmiss. fuit; prædictusque Will'us Oldys in eadem Cur. Parliamenti diversas Causas & Materias pro Error. in Recordo & Processu præd. ac in Redditione Judicii præd. in præd. Cur. Scaccarii in Forma præd. reddit. assignavit; ad quas præfat. Carolus Domville, in eadem Curia Parliamenti comparens, placitavit, quod in Recordo & Processu præd. necnon in Redditione Judicii præd. in Forma præd. reddit. in nullo fuit Errat. Et postea, scilicet, Decimo Die Martii, Anno Regni dicti Domini Regis nunc Octavo prædict. Cur. Parliament. vifis & per Cur. ibidem diligenter examinat. & plenius intellect. tam Record. & Process. præd. ac Redditione Judicii præd. necnon Affirmatione Judicii præd. in Forma præd. reddit. quam præd. Caus. & Mater. per præfat. Will'um Oldÿs superius pro Error. assignat. & allegat. pro eo quod videtur Cur. Parliament: præd. quod nec in Record. ill. & Process. præd. ac in Redditione Judicii præd. in Forma præd. reddit. in nullo fuit Errat.; ideo ad tunc & ibidem considerat. fuit per eandem Cur. Parliamenti, quod Judicium præd. in omnibus affirmet. foret & staret in Esfectu; dictis Causis & Mater. superius pro Error. assignar. in aliquo non obstant.; & quod Record. & Process. præd. cum omnibus ea tangen. remittantur prædict. Cur. dicti Domini Regis de Scaccario suo, ad Executionem inde faciend. juxta Form. Statut. præd. &c."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) undecimum diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.