House of Lords Journal Volume 15: 18 March 1696

DIE Mercurii, 18 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Parker versus Thornhill.

Upon reading the Petition of Sir George Parker Baronet, and Philadelphia Parker, Robert, Thomas, and William Parker, Children of Dame Sarah Parker, Daughter of George Chute the Elder, Esquire, deceased; shewing, "That they have an Appeal depending in this House, against Jeremiah Thornhill and others, the Creditors and Legatees of George Chute the Younger, Esquire, deceased, upon which the House directed an Issue to be tried at Law; which Issue hath been tried, and a special Verdict found thereupon; but, the same being undetermined, to avoid all further Expences, the Creditors and Legatees and the Petitioners are come to an Agreement touching the Payment and Satisfaction of the said Debts and Legacies, (fn. 1) and by an Order of the Court of Chancery of the Ninth Instant, by Consent of Counsel for the Petitioners and the said Creditors and Legatees; and praying (by their Guardian), that they may be at Liberty to withdraw their Appeal, as by Order of the Court of Chancery they are obliged to do:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave given them to withdraw their Appeal, as desired.

Browne and Sir E. Smith heard, against the following Bill.

After hearing Counsel, this Day, at the Bar, upon the Petition of Rupert Brown, and the Petition of Sir Edw'd Smith Baronet, in relation to the Bill 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:

Honour of Tutbury, Needwood Forest, &c. to re-vest in His Majesty, Bill.

Hodie 2^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."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill shall be committed to a Committee of the whole House, on Friday next, at Eleven of the Clock; and the Judges to attend.

Message from H. C. to return Sir R. Sawyer's Bill.

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

To return the Bill, intituled, "An Act to enable Trustees to sell a Messuage, Garden, and Outhouse, in Lincolne's Inn Fields, late of Sir Robert Sawyer Knight, deceased; and for purchasing other Lands and Tenements, to be settled to the same Uses;" to which they have agreed, with some Amendments, whereunto they desire the Concurrence of this House.

Which Amendments, being read Three Times, were agreed to; and ORDERED, That the Commons have Notice thereof.

Message from thence, with a Bill; and to return the following ones:

A Message from the House of Commons, by Sir Henry Dutton Colt and others:

Who brought up a Bill, intituled, "An Act for the more easy Recovery of Servants Wages, and for determining Differences between Masters and Servants;" to which they desire the Concurrence of this House.

Sir. W. Barkham's Bill.

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

To return the Bill, intituled, "An Act for making good the last Will of Sir William Barkham Baronet, deceased; and vesting of Lands in Trustees, to be sold, for Payment of his Debts, and making Provision for his Children;" to which they have agreed, without any Amendment.

Sandes's Bill.

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

To return the Bill, intituled, "An Act for vesting a Moiety of the Manor of Shepton Mallet, in the County of Somerset, and a divided Moiety of the Manor of Wells, in the said County, in Trustees, to be sold, for Payment of a Mortgage charged thereon, and for making a Provision for the Maintenance of Mary the Wife of William Sandes Esquire, and her Children;" to which they have agreed, with some Amendments, whereunto they desire the Concurrence of this House.

Which Amendments, being read Three Times, were agreed to; and ORDERED, That the Commons have Notice thereof.

and Dawson's Bill.

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

To return the Bill, intituled, "An Act for vesting Part of the Estate of Joseph Dawson Esquire in Trustees, for Payment of Debts, and for Provision for the Maintenance and Marriage of his Daughter;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Ecclesiastical Courts, Bill.

Whereas this Day was appointed for the House to be put into a Committee, upon the Bill, intituled, "An Act for the better regulating of Proceedings in Ecclesiastical Courts:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the House shall be put into a Committee thereupon, To-morrow, at Eleven of the Clock; and the Judges to attend.

Lucy versus Bp. St. David's, for Waiver of Privilege:

The Earl of Bridgewater reported from the Lords Committees for Privileges, to whom was referred the Petition of Robert Lucy, against the Lord Bishop of St. David's, "That their Lordships, upon Consideration of the said Petition, have perused the Precedents following; (videlicet;)

Cases in Ecclesiastical Courts, Precedents of, with respect to Privilege.

"The Bishop of Sarum and the Dean of Windsor, 11° Novembris, 1690.

"The Bishop of Chichester and the Churchwardens of St. Peter's in Chichester, 9° Novembris, 1680.

"Sir John Hoskyns a Master in Chancery, and Mr. Watts Rector of Dore in Herefordsh'r. 15° Decembris, 1691."

Upon Report, this Day, from the Lords Committees for Privileges, of the Petition of Robert Lucy, against the Lord Bishop of St. David's:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the further Consideration of this Report shall be resumed on Friday next, at Eleven of the Clock; and all the Lords summoned to attend.

D. Beaufort, Letter to him to attend; or, if disabled by Sickness, to sign the enclosed Association.

The Letter following was ordered to be sent to the Duke of Beaufort:

"My Lord,

"His Grace the Duke of Ormonde this Day acquainted the most Honourable House of Peers with your Indisposition, by a Fall off your Horse: But the House being of Opinion, that your Grace had not complied with the Directions of the former Letter sent to your Grace by their Lordships Directions; I am commanded, by their Lordships, to let you know, that your Attendance is required (all Excuses set apart) on Tuesday the One and Thirtieth Day of this Instant March; and in case of Sickness which absolutely disables you, that then you send up Two Persons to attest the same upon Oath: And I am also commanded to send to your Lordship the enclosed Copy of the Association agreed to by the House; and in case you shall be disabled as aforesaid to attend in Person, the House does expect an Answer from your Lordship, in Writing, whether you will sign the said Association or not; which Answer is also to be returned on or before the Day above appointed."

Adjourn.

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