House of Lords Journal Volume 16: 25 April 1701

DIE Veneris, 25 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Huntingdon takes the Oaths.

Theophilus Earl of Huntingdon took the Oaths, and made and subscribed the Declaration, pursuant to the Statute.

Vexatious Suits for restraining, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the more effectual restraining of trifling and vexatious Suits in Law."

Lloyd versus Cardy.

Upon reading the Petition and Appeal of William Lloyd Esquire, from a Decree made in the Court of Chancery, by the Master of the Rolls, the Seven and Twentieth Day of June, Anno Duodecimo Gulielmi Tertii, and confirmed by him, upon a Re-hearing, the Four and Twentieth of October last, in a Cause there depending, between the said William Lloyd Complainant, and John Cardy Defendant, and since confirmed, by the Lord Keeper of the Great Seal of England, the First of March last; and praying, "That the said Orders and Decrees may be set aside and reversed; and that the Service of this Order on Cardy's Clerk in Chancery may be good Service, and Proceedings below stayed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Cardy may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Friday the Second Day of May next; and that the Service of this Order upon the Respondent's Clerk in Chancery shall be good Service, in order thereunto; and, in the mean Time, all Proceedings shall be stayed in the Court below.

Message from H. C. with a Bill.

A Message from the House of Commons by Sir William Hustler and others:

Who brought up a Bill, intituled, "An Act for Sale of the Estate of William Davison Esquire, deceased, for Payment of Debts, and raising his Childrens Portions charged thereupon;" to which they desire the Concurrence of this House.

Penn versus Plantation Bill.

Upon reading the Petition of William Penn Junior; shewing, "That there is a Bill now depending before this House, intituled, "An Act for re-uniting to the Crown the Government of several Colonies and Plantations in America;" which seems to take away the Estate of the Petitioner's Father (now absent in Pensilvania), purchased from the Crown upon a valuable Consideration; and praying to be heard, by his Counsel against the said Bill, so far as it concerns his Father, before the Second Reading thereof:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard, as desired, on Wednesday next, at Eleven of the Clock, before the Second Reading of the said Bill.

E. Sandwich's Privilege:

The House being informed, upon Oath, at the Bar, "That Henry Cooper, Game-keeper to the Right Honourable the Earl of Sandwich a Peer of this Realm, was assaulted and beaten, in the Execution of his Office, at Huntingdon, by Carolinus Smith and William Wadley, within the Time of Privilege of Parliament, contrary to the Privilege of Parliament:"

Smith and Wadley to be attached, for arresting Cooper, his Game-keeper.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Carolinus Smith and William Wadley, and bring them in safe Custody to the Bar of this House; and this shall be a sufficient Warrant on that Behalf.

To Peter Persehouse Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them; and to all Mayors, Sheriffs, Bailiffs, Constables, and others, to be aiding and assisting in the Execution hereof.

Sir John Dillon's Bill for a Divorce.

After hearing Counsel, for and against the Bill, intituled, "An Act for dissolving the Marriage of Sir John Dillon with Mary Boyle, and for other Purposes therein mentioned."

Hodie 2^a vice lecta est Billa, intituled, "An Act for dissolving the Marriage of Sir John Dillon with Mary Boyle, and for other Purposes therein mentioned."

ORDERED, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed.

And the Lord Viscount Longueville reported, "That the Committee had gone through the said Bill; and ordered the Counsel to draw some Clauses, as agreed on in the Committee."

ORDERED, That the House shall be put into a Committee again, on the said Bill, on Monday next, at Eleven a Clock.

Commissioners of Accompts to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners appointed by a late Act of Parliament, intituled, "An Act for appointing Commissioners to take, examine, and determine, the Debts due to the Army, Navy, and for Transport Service, and also an Account of the Prizes taken during the late War," do attend this House To-morrow, at Eleven of the Clock, to give an Account why they have not laid a State of the Accompts before this House, pursuant to the said Act.

Imprest Accompts to be sent in.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Auditors of the Imprest do, on Tuesday next, at Eleven a Clock, lay before this House, in Writing, the Accompts of all Imprest Monies for Public Service, standing out, to the Two last Quarters.

Ly. Say & Seal versus L. Say & Seal.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Umpire of the Lords Referees, for the Lady Viscountess Say & Seale and the Lord Viscount Say & Seale, shall make their Report To-morrow, at Eleven of the Clock in the Forenoon; and nothing to intervene; and the Lord Viscount Say & Seale, and the Lord Sommers (not now present) to have Notice thereof.

Adjourn.

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