House of Lords Journal Volume 16: 7 April 1698

DIE Jovis, 7 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Inland Bills for better Payment of, Bill.

The Lord Guilford reported from the Committee the Bill, intituled, "An Act for the better Payment of Inland Bills of Exchange, "as sit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better Payment of Inland Bills of Exchange."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.

Whitburne to the Bishopric of Hereford, Bill:

The Lord Bishop of Exeter reported from the Committee, the Bill, intituled, "An Act to annex the Rectory of Whitborne, in Herefordsh'r, to the Bishopric of Hereford," as fit to pass, with some Amendments.

Which were read Twice, and agreed to, and the Bill ordered to be engrossed, with the said Amendments.

Bishop of Winchester's Bill, for Alverstoke Water-works:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming a Lease granted by the Lord Bishop of Winchester, of a Parcel of waste Ground in Alverstock, in the County of South'ton, for the erecting of Water-works there, and for improving the same."

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. Pitts:

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

Lloyd versus Tym.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Elizabeth Loyd is Appellant, and Martha Tym and others are Respondents, on Saturday the Sixteenth Day of this instant April, at Eleven o'Clock.

Houghton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Manors of Bastwick and Laviles, in the County of Norfolke, Part of the Estate of John Houghton Esquire, in Trustees, to be sold, for discharging Debts charged thereon; and for settling another Estate in Lieu thereof."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Saturday next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

E. of Gainsborough's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Lands in Trustees, to be sold, for Payment of the Debts of Wriothesly Baptist late Earl of Gainesborough, deceased."

ORDERED, That the Consideration of the said Bill be referred to the Committee abovenamed.

Ld. Fairfax versus E. of Derby.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, upon the Petition of the Lord Fairfax and Colonel Widdrington, and also the Answer of the Earl of Derby put in thereunto, on Tuesday the Nineteenth Day of this Instant April, at Eleven of the Clock.

Messages from H. C. with Bills.

A Message from the House of Commons, by the Lord Hartington and others:

Who brought up Two Bills;

One, intituled, "An Act for punishing John Knight Esquire, for procuring counterfeit Indorsements to be made upon several Bills made forth at the Receipt of Exchequer, commonly called Exchequer Bills:"

And the other, intituled, "An Act for punishing Bartholomew Burton Gentleman, for false indorsing of several Bills made forth at the Receipt of Exchequer, commonly called Exchequer Bills."

To which said Two Bills they desire their Lordships Concurrence.

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

Who brought up a Bill, intituled, "An Act for repairing the Highways from the Town of Birdlipp, and the Top of Crickley Hill, in the County of Gloucester, to the City of Gloucester;" to which they desire their Lordships Concurrence.

Davies versus Speed, in Error:

After hearing Counsel, to argue the Errors upon a Writ of Error brought into this House the Five and Twentieth Day of February last, wherein Robert Davies is Plaintiff, and John Speed Doctor in Physic is Defendant, to reverse a Judgement given in the Court of King's Bench, on the Behalf of the said John Speed:

Upon due Consideration of what was offered thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in His Majesty's Court of King's Bench, for the said John Speed, shall be and is hereby, affirmed; and that the Record be remitted.

Judgement affirmed.

The Tenor of which Judgement, to be affixed to the Record, followeth:

"Postmodumque, scilicet, Die Jovis, Septimo Die Aprilis, Anno Regni Domini Will'mi Tertii nunc Regis Angl. &c. Decimo, visis et per Cur. Parliamenti præd. nunc hic inspectis et intellectis tam Record. et Process. præd. ac Judic. super eisdem reddit. quam præd. Causis et Mater. per præd. Rob'tum Davies superius pro Error. assign. et allegat. maturaque Deliberatione inde habita, pro eo quod videtur Cur. Parliament. præd. nunc hic, quod nec in Record. et Process. præd. nec in Redditione Judicii præd. in ullo est Errat. ac quod Record. ill. in nullo vitiosum aut defectivum in Lege existit; cons. est per eandem Cur. Parliamenti, quod Judicium præd. in omnibus affirmetur, ac in omni suo Robore stet et Effectu; dict. Causis et Mater. per præd. Rob'tum Davies superius pro Error. assignat. in aliquo non obstant. &c."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, (videlicet,) octavum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.