House of Lords Journal Volume 16: 3 April 1699

DIE Lunæ, 3 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice Treby sat Speaker.

Savery's Invention for raising Water, &c. Bill for Encouragement of.

The Lord Ferrers reported from the Lords Committees, the Bill, intituled, "An Act for the Encouragement of a new Invention by Thomas Savery for raising Water, and occasioning Motion to all Sorts of Mill-work, by the impellent Force of Fire," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

ORDERED, That the said Bill be engrossed.

Air and Galder Rivers navigable, Bill:

The Lord President reported from the Lords Committees, the Bill, intituled, "An Act for the making and keeping navigable the Rivers of Air and Calder, in the County of York," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the making and keeping navigable the Rivers of Air and Calder, in the County of York,"

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 Richard Holford and Mr. Pitt:

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

Sir F. Andrews' Bill:

The Lord Ferrers reported from the Lords Committees, the Bill, intituled, "An Act for Sale of the Manor of Downham, in the County of Essex (the Estate of Sir Francis Andrews); and for buying and settling other Lands to the same Uses," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Downham, in the County of Essex (the Estate of Sir Francis Andrews); and for buying and settling other Lands to the same Uses."

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 Richard Holford and Mr. Pitt:

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

Price's Bill.

The Earl of Stamford reported from the Lords Committees, the Bill, intituled, "An Act to enable Edward Price Esquire to transfer a Charge of One Thousand Pounds, for the Use of his Younger Children, from an Estate in the County of Montgomery, to an Estate in the Counties of Hereford and Radnor, of better Value," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Edward Price Esquire to transfer a Charge of One Thousand Pounds, for the Use of his Younger Children, from an Estate in the County of Montgomery, to an Estate in the Counties of Hereford and Radnor, of better Value."

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.

Trent River, navigable, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making and keeping the River Trent, in the Counties of Leicester, Derby, and Stafford, navigable."

ORDERED, That the said Bill be committed to the same Committee as the Bill, intituled, "An Act for the making and keeping navigable the Rivers of Air and Calder, in the County of York," was committed: Any Five of their Lordships, to meet on Thursday the Thirteenth Day of this Instant April, at Ten of the Clock in the Forenoon; and that the Two Provisos offered this Day be then considered by the said Committee.

Ward and Levett versus E. of Meath.

Whereas, by Order of this House, of the Fourteenth of February last, Edward Earl of Meath and Cecilia his Wife were ordered to put in their Answer to the Petition of Edward Ward Esquire, John Levett Esquire, and Mary his Wife:

Upon Oath made this Day, "That a Copy of the said Order was left at the Dwelling-house of the said Earl of Meath in Ireland, in order to the said Earl's answering the Eight and Twentieth of March last, which the said Earl hath not yet done;" it is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will peremptorily hear the said Cause, upon the said Petition, on Saturday the Two and Twentieth Day of this Instant April, at Eleven of the Clock in the Forenoon; and that the leaving of a Copy of this Orderat the Dwelling-house of the said Earl of Meath, in Ireland, shall be a sufficient Notice, in order thereunto.

Pulteney's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the enabling the surviving Trustee of Sir William Pulteney Knight, deceased, to make Leases, for the raising Monies, for Payment of his Son William Pulteney's Debts, and other Purposes therein mentioned."

ORDERED, That the Consideration of the said Bill be committed to the same Committee as the Bill, intituled, "An Act for opening the ancient and making any new Roynes and Water-courses in and near Sedgemore, in the County of Somerset, for rendering the said Moor more healthful and profitable to the Inhabitants," is committed; and any Five of them, to meet on Tuesday the Eighteenth Day of this Instant April, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Hough's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Sale of the Estate of Zenobia Hough, for the Payment of the Debts of her Husband, and other Uses."

ORDERED, That the Consideration of the said Bill be committed to the same Committee as Sedgemore Bill is committed: Any Five of them, to meet on Tuesday the Eighteenth Day of this Instant April, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Forster's Bill.

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for the confirming of a Grant and Settlement made by William Forster Esquire, of divers Manors and Lands, in the County Palatine of Durham and County of Northumberland, to Thomas Lord Fairfax and others, upon certain Trusts and Uses therein mentioned," 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.

Aldworth's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Robert Aldworth and Anne his Wife to sell their Estate, in or near Wantage, in the County of Berks, for raising of Three Hundred Pounds, for Payment of his Debts; and for applying the Residue of the Money arising by the Sale for the purchasing some other Estate, for the sole Benefit of his Wife and Children."

ORDERED, That the said Bill be committed to the same Committee as the Bill, intituled, "An Act for the making and keeping navigable the Rivers of Air and Calder, in the County of York," stood committed; and to meet on Tuesday the Eighteenth Day of this Instant April, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Owen versus Saunders in Error:

Whereas a Record of the Court of King's Bench was, by Writ of Error, brought into this House the Seven and Twentieth Day of February last, wherein Philip Owen is Plaintiff, and Robert Saunders Defendant, whereby a Judgement given in His Majesty's Court of Common Pleas for the said Philip Owen was reversed, whereupon Errors were assigned, and Issue joined; and Counsel being this Day heard:

After 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 Judgement given in His Majesty's Court of King's Bench for the said Robert Saunders shall be, and is hereby, reversed; and the Judgement given in the Court of Common Pleas affirmed, and the Record remitted.

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

"Postea, scilicet, Vicesimo Septimo Die Februarii, Anno Regni Domini Gulielmi Tertii, nunc Regis Angl. &c. Undecimo, Transcript. Record. et Process. Loquel. præd. cum omnibus ea tangen. Prætextu cujusdam Brevis de Error. corrigend. per præfat. Ph'um Owen in Præmissis prosecut. dicto Domino Regi in præsenti Parliamento, a dict. Cur. dicti Domini Regis coram ipso Rege transmiss. fuit; prædictusque Ph'us in eadem Cur. Parliament. comparens, divers. Materias pro Error. in Record. et Process. Revocation. et Adnulla tion. Judicii in Cur. Domini Regis coram Justic. ipsius Domini Regis de Banco præd. reddit. necnon pro Affirmatione ejusdem Judicii assign.; ad quas præd. Rob'tus Saunders coram eodem Domino Rege in hoc Parliament. per Attornat. suum præd. ven. et dixit, quod in Redditione Judicii præd. in Cur. dict. Domini Regis coram Justic. ipsius Domini Regis de Banco præd. manifest. fuit Errat. ac quod in Record. et Process. Revocation. et Adnullation. ejusdem Judicii in nullo fuit Errat. Postmodumque, scilicet, Die Lunæ, Tertio Die April. Anno Regni Domini Regis nunc Undecimo, in præd. Cur. Parliament. diligent. examinat. et plene intellect. tam Record. et Process. præd. quam Mater. pro Error. in Revocatione et Adnullatione ejusdem Judicii, pro eo quod videtur Cur. Parliament. præd. quod nec in Record. et Process. Cur. dicti Domini Regis coram Justic. ipsius Domini Regis de Banco præd. nec in Judic. per eandem Cur, reddit. in ullo est Errat. et quod in Record. et Process. Revocation. et Adnullation. ejusdem Judicii manifeste est Erratum: Ideo ad tune et ibidem cons. est per eandem Cur. Parliament. nunc hic, quod præd. Judic. in Cur. Domini Regis, coram ipso Rege, pro Revocatione & Adnullatione Judicii in Cur. dict. Domini Regis coram Justic. ipsius Domini Regis de Banco præd. reddit. ob. Error. præd. et al. in Record. et Process. Revocation. et Adnullation. ejusdem Judicii compert. revocetur, adnulletur, et penitus pro nullo habeatur; et quod præd. Judic. in Cur. dict. Domini Regis coram Justic. ipsius Domini Regis de Banco præd. reddit. in omnibus affirmetur; et quod idem Ph'us ad omnia quæ Occasione Revocation. et Adnullation. ejusdem Judicii amisit restituatur; super quo, Record. præd. necnon Process. præd. in eadem Cur. Parliament. in Præmissis habit. remittuntur in Cur. Domini Regis, coram ipso Rege apud Westm."

Adjourn.

Georgius Treby Miles, Capitalis Justiciarius Com. Placit. declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) quartum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.