House of Lords Journal Volume 16: 22 March 1701

DIE Sabbati, 22 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Atkins's Bill.

The Lord Viscount Longueville reported from the Lords Committees, the Bill, intituled, "An Act for the vesting and settling certain Manors and Lands in South Pickenham, and other Places in the County of Norfolke, in Trustees, to be sold; and for laying out the Monies arising by Sale thereof in the Purchase of other Lands, to be settled to such and the same Uses as the said Manors and Lands so to be vested are and stand settled," 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.

Bretland & al. versus Cope & al.

After hearing Counsel, upon the Petition of Reginald Bretland Serjeant at Law, and Robert Fowle, Executors of the last Will of Sir Thomas Fowle; shewing, "That a Bill in Chancery was brought against them and John Berkeley Esquire, by Jonathan Cope and others; and a Decree obtained, that the Petitioners should pay the Value of Three Thousand Four Hundred and Eighty Pounds, formerly paid to the Plaintiff's Mother; and the Master was to allow a reasonable Maintenance for the Plaintiffs, and to tax the Respondents their Costs; that the Petitioners, together with the said John Berkeley, being advised the said Decree was therein erroneous, appealed to this House; and, upon Hearing, the said Decree was affirmed, wherein the Petitioners do acquiesce; and upon hearing the Matter touching Costs by the now Lord Keeper of the Great Seal of England, the Thirteenth of July last, his Lordship did not deliver any Opinion therein, but directed the Petitioners to apply to this House;" as also upon the Answer of Jonathan Cope Esquire, William Cope and Anthony Cope, by Sir Thomas Peshall Baronet and Henry Farmer Esquire, their Guardians; and due Consideration of what was offered thereupon:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Reginald Bretland and Robert Fowle, Executors of the last Will of Sir Thomas Fowle, shall pay the Costs by the said Decree appointed to the Guardians; and that the Court of Chancery do send it back to the Master, to re-tax the Costs, the same having been taxed ex Parte.

King to be attended with Address.

The Lord Wharton acquainted the House, "That he had attended His Majesty, as commanded; and His Majesty is pleased to appoint Monday next, at Four of the Clock, for this House to attend Him, with their Address, at Kensington."

D. of Norfolk's Petition for a Bill.

Upon reading the Petition of Henry Duke of Norfolke; praying Leave to bring in a Bill for enlarging the Time limited by a late Act of Parliament for his Payment of Ten Thousand Pounds:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be taken into Consideration on Monday next.

E. of Sandwich & al. versus E. of Litchfield & al.

After hearing Counsel, upon the Petition and Appeal of the Right Honourable Edward Earl of Sandwich and the Lady Elizabeth his Wife, John Viscount Lisburne and the Lady Mallet his Wife, the Honourable Francis Greville Esquire and the Lady Anne his Wife, against an Order of the Nine and Twentieth Day of June, and a subsequent Order of the Two and Twentieth of July last past, made in the Court of Chancery, on the Hearing of Two Causes there depending; in one of which, the Appellants were Complainants, against the Right Honourable Edward Henry Earl of Litchfield, Edward Henry Lord Quarrendon, James Henry Lee, Charles Lee, George Henry Lee, and Francis Henry Lee, Sons of the said Earl of Litchfield, Infants, per Guardian. Sir Walter St. John Baronet, Anthony Bowyer Esquire, and John Cary Gentleman, Defendants; and in the other of the said Causes, wherein the said Edward Henry Earl of Litchfield, and the said Edward Henry Lord Quarrendon, his Son and Heir, an Infant, by his next Friend, were Complainants, against the Petitioners, Defendants; and praying, "That the said Orders and Dismission of "the Petitioners Bill may be set aside and reversed;" as also upon the Answer of the said Edward Henry Earl of Litchfield, and Edward Henry Lord Quarrendon, James Lee, Charles Henry Lee, George Henry Lee, and Francis Henry Lee, Infants, by their Guardian, put in thereunto:

Upon 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 Edward Earl of Sandwich, the Lady Elizabeth his Wife, John Viscount Lisburne and the Lady Mallet his Wife, Francis Greville and the Lady Anne his Wife, shall be, and is hereby, dismissed this House; and that the Orders therein complained of shall be, and they are hereby, affirmed.

Thickress versus Manwareing.

Upon reading the Petition and Appeal of Ralph Thicknesse and Elizabeth his Wife, from a Decree made by the Right Worshipful Sir Christopher Greenville Knight, Vice Chamberlain of the County Palatine of Chester, the Twelfth Day of February, One Thousand Seven Hundred, on the Behalf of Elizabeth Manwareing, Executrix of George Manwareing, her late Husband, deceased; and praying the Reversal of the said Decree:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Elizabeth Manwareing may have a Copy of the said Appeal; and shall and she is hereby required to put in her Answer thereunto, in Writing, on Saturday the Twelfth Day of April next, at Eleven of the Clock.

Massingbeard & al. versus Lindsey Level, Bill.

Upon reading the Petition of Sir William Massingbeard, Sir Charles Orby, Thomas Lister Esquire, Richard Wynne Esquire, and Robert Cawdron Esquire, on Behalf of themselves, and Sixty Towns and Villages adjoining to, and claiming Common on the Fen called Lindsey Levell, in the County of Lincolne; shewing, "That they are informed, that there are Endeavours, by several Persons, who pretend to be the Heirs, Assigns, and Participants of some Undertakers, who above Sixty Years since made some Pretence of draining the said Fens, and they to have Four and Twenty Thousand Acres thereof to their own Use, although the said Fens were not drained by them; and that there is now a Bill brought into this House, to drain the said Fens, and enclose the said Four and Twenty Thousand Acres; and praying, that they may be defended and protected in their Liberties and Properties, and Right of Common, according to the Laws and Statutes of this Realm; and that the Bill may be rejected:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by their Counsel, at the Committee of the whole House to whom the said Bill stands committed; and that the House shall be put into a Committee thereupon, on Monday the Fourteenth Day of April next, at Eleven of the Clock in the Forenoon, as also Counsel for the Bill if they think fit.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, (videlicet,) vicesimum quartum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.