House of Lords Journal Volume 17: 1 May 1702

DIE Veneris, 1 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. to return Williams's Bill.

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

To return the Bill, intituled, "An Act for vesting in Trustees the Estate late of Sir William Powel Baronet, deceased, for raising Portions for the Younger Children of Sir John Williams and Dame Mary his Wife, Daughter of the said Sir William Powel; and to enable William Williams, their Eldest Son, to make a Jointure to such Wife as he shall marry;" to which they have agreed, with some Amendments, whereunto they desire the Concurrence of this House.

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

Sir Wm. Ashurst's Bill.

Then the House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Relief of Sir William Ashurst Knight, with relation to the forfeited Estates in Ireland."

After some Time, the House was resumed.

And the Earl of Stamford reported, "That the Committee had made some Progress in the Bill; and desire another Time may be appointed, for the House to proceed thereon."

ORDERED, That the House be put into a Committee, to proceed on the said Bill, on Monday next.

E. of Exeter's Bill.

The Lord Cornwallis reported from the Lords Committees, the Bill, intituled, "An Act for Sale of certain Manors and Lands of John late Earl of Exeter, for Payment of the Debts and Performance of the Will of the said Earl," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of certain Manors and Lands of John late Earl of Exeter, for Payment of the Debts and Performance of the Will of the said Earl."

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

It was Resolved in the Affirmative.

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

Message from H. C. to return the Dean and Chapter of Exeter's Bill.

A Message was brought from the House of Commons, by Sir Wm. Drake and others:

To return the Bill, intituled, "An Act to enable the Dean and Chapter of the Cathedral Church of St. Peter, in Exeter, and their Farmers and Tenants, to make Leases of and in the Manor of Culmstock, in the County of Devon;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.

Which Amendment was read Thrice, and agreed to; and ORDERED, That the Commons have Notice thereof.

Sudbury Workhouses Bill:

The Lord Cornwallis reported from the Lords Committees, the Bill, intituled, "An Act for erecting Hospitals and Workhouses within the Town of Sudbury, in the County of Suffolk, for the better employing and maintaining the Poor thereof," as fit to pass; with One Amendment.

Which was read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act for erecting Hospitals and Workhouses within the Town of Sudbury, in the County of Suffolke, for the better employing and maintaining the Poor thereof."

The Question was put, "Whether this Bill, with the Amendment, 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 Robert Legard and Sir Richard Holford:

To return the said Bill, and desire their Concurrence to their Lordships Amendment made thereto.

Kensey versus Hayward, in Error:

The Lord Keeper reported what was offered, by Counsel, the Nine and Twentieth of April last, to argue the Errors assigned upon a Writ of Error brought into this House the Three and Twentieth of February last, wherein Mary Kensey is Plaintiff, and Henry Hayward Defendant; and hearing the Judges this Day; and due Consideration thereof:

Judgement affirmed.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the King's Bench for the said Henry Hayward (for reversing the Judgement given in the Court of Common Pleas) shall be, and is hereby, affirmed.

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

"Et postea, scilicet, Vicesimo Tertio Die Februarii, Anno Regni Domini Will'i Tertii nuper Regis Angl. &c. Decimo Quarto, Transcript. Record. et Process. præd. inter Partes præd. cum omnibus ea tangen. Prætextu cujusdam Brevis de Error. corrigend. per præd. Mariam Kinsey, in Præmiss. prosecur. præd. Dominæ Reginæ in præsenti Parliamento a præd. Cur. dicti Domini Will'i Tertii nuper Regis Angl. &c. hic transmiss. fuit; prædictaque Maria Kinsey, in dict. Cur. Parliament. comparens, diversas Causas et Materias pro Error. in Record. et Process. præd. pro Revocatione et Adnullatione Judicii præd. assignavit; ad quas præfat. Henricus Hayward in eadem. Cur. Parliamenti comparens, placitavit, quod nec in Record. et Process. nec in Redditione Judicii præd. in ullo fuit Errat.: Et postea, scilicet, Primo Die Maii, Anno Regni Dominæ Annæ Reginæ nunc Primo, in præd. Cur. Parliamenti vis. et per Cur. ibidem diligenter examinat. et plenius intellect. tam Record. et Process. præd. ac Judic. super eisdem reddit. quam præd. Causis pro Errore ut præfertur assign. et allegat. pro eo quod videtur Cur. Parliamenti præd. quod Record. ill. in nullo vitiosum aut defectivum existit, ac quod in Record. illo in nullo fuit Errat.: Ideo, ad tunc et ibidem considerat. fuit per eandem Cur. Parliamenti, quod Judicium præd. in omnibus affirmetur, et in omni suo Robore et Effectu stet, dictis Causis pro Error. assignat. in aliquo non obstant.; ac superinde Record. et Process. præd. Cur. dictæ Dominæ Reginæ per Cur. Parliamenti præd. coram dicta Domina Regina, ubicunque &c. remittuntur. et in eadem Cur. dictæ Dominæ Reginæ coram ipsa Regina jam residen."

Appeals dismissed, not being prosecuted:

The House this Day taking Notice, "That several Appeals have been depending some Months without Prosecution, and others since the last Parliament:"

Whereupon the following Orders were made; (videlicet,)

Dean and Chapter of Lincoln versus Pye & al.;

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition and Appeal of the Dean and Chapter of Lincoln, brought into this House the Nine and Twentieth of April One Thousand Seven Hundred and One, to which Richard Pye and his Wife, and William Wolfe and his Wife, put in their Answers the Four and Twentieth and Six and Twentieth of May 1701, shall be, and is hereby, dismissed this House."

Thickness versus Mainwaring;

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition and Appeal of Ralph Thickness, brought into this House the Two and Twentieth of March One Thousand Seven Hundred, to which Elizabeth Mainwareing put in her Answer the Nine and Twentieth of April 1701; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal shall be, and is hereby, dismissed this House."

Price versus Watts;

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition and Appeal of John Price Esquire, from and against Two decretal Orders, made the First and Seventh Days of December 1699, in Ireland, on the Behalf of William Watts, brought into this House the Sixth of March One Thousand Seven Hundred, which hath not been since prosecuted, shall be, and is hereby, dismissed this House."

Maddison versus Smith.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition and Appeal of Alan Maddison, brought into this House, the Thirteenth of March One Thousand Seven Hundred and One, against Robert Smith (upon which no Prosecution hath been since had), shall be, and is hereby, dismissed.

Adjourn.

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