House of Lords Journal Volume 17: 18 December 1702

DIE Veneris, 18 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Warburton versus Warburton.

Upon reading the Petition and Appeal of Peter Warburton, from a Decree and Orders made in the Court of Chancery, in a Cause wherein the Petitioner was Complainant, against Alice and Hester Warburton, Executrixes of Robert Warburton Esquire, John Warburton Doctor in Physic, Mathew Henry and Mary his Wife, were Defendants; and praying, "That so much of the said Decree and Orders as directs the raising, charging, and paying the Two Hundred and Thirty-eight Pounds, Eleven Shillings, and Six Pence, and Interest, and disallows him his Costs of the said Suit, may be set aside and reversed; and that Costs may be taxed and paid to him:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Alice and Helter Warburton, John Warburton, Mathew Henry and Mary his Wife, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing, on Friday the First Day of January next, at Eleven a Clock.

Bp. Chichester's Bill.

The Lord Bishop of Lichfield and Coventry reported from the Lords Committees, the Bill, intituled, "An Act for giving further Time to John Lord Bishop of Chichester, and his Successors, to make Leases of certain Houses and Ground, in and near Chancery Lane, belonging to the Bishopric of Chichester," as fit to pass, with several Amendments.

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

Vesey's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of divers Lands, in the County of Kildare, in the Kingdom of Ireland, being the Estate of Agmondisham Vesey Esquire, and his Two Daughters, Ann Vesey and Henrietta Vesey, for the paying Debts and clearing Incumbrances charged thereon ; and also for empowering the said Agmondisham Vesey to make Leases for any Term, not exceeding One and Twenty Years."

Prise versus Button:

After hearing Counsel, upon the Petition and Appeal of John Prise Esquire, from a Decree and Orders of the Court of Chancery, made the Twelfth Day of June and the Third Day of July One Thousand Seven Hundred and Two, complaining (amongst other Things,) "That the Decree was made ex parte, and without hearing the Appellant, and was signed and enrolled, and the Appellant precluded in Chancery;" and praying, "That the said Decree and Orders may be reversed, or that the said Cause may be sent back to be re-heard in Chancery, upon the Bill, Answer, and Proofs:" As also upon the Answer of Thomas Button put in thereunto; praying the confirming of the Decree, and that the Matters complained of in the Appellant's Petition may be dismissed:

Judgement affirmed.

After due Consideration of what was offered by Counsel on either Side, relating to the re-hearing of the Cause in Chancery, the Decree and Orders being made ex parte, as in the Petition is set forth; it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of John Prise shall be, and is hereby, dismissed this House; and that the Decree and Orders therein complained of shall be, and they are hereby, affirmed.

Lords take the Oaths.

This Day Robert Earl of Lindsey Lord Great Chamberlain and William Lord Bishop of Landaffe took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Northcott versus Northcott.

Whereas Sir Francis Northcott and others were, by Order of this House of the Tenth Instant, ordered to put in their Answer to the Petition and Appeal of Dame Elizabeth Northcott the Four and Twentieth Instant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Francis Northcott and Alice Northcott, and such others as are any Ways concerned, have hereby Time allowed them for answering to the said Appeal, until Saturday the Second Day of January next, at Eleven a Clock.

Goddard's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better settling the Real and Personal Estate of John Goddard Esquire deceased, to and for the Benefit of John Goddard his Son, and Mary Goddard his Daughter, Infants, during their Minority."

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 Doctor Edisbury and Mr. Pitt:

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

Fane's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the surviving Trustees and Executors of the last Will and Testament of Thomas Fane Esquire deceased to pay an Annuity to Mildmay Fane, for his Maintenance and Education till he shall attain his Age of One and Twenty Years."

Peachey's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of William Peachey Esquire deceased, for Payment of Legacies charged thereon."

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.

E. Huntingdon versus Countess Huntingdon.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein George Earl of Huntingdon is Appellant, and Frances Countess of Huntingdon and others are Respondents, on Friday the Eighth Day of January next, at Eleven a Clock in the Forenoon.

Occasional Conformity Bill:

The Order being read, for proceeding upon the Amendments made to the Bill, intituled, "An Act for preventing Occasional Conformity:"

Amendments to it.

The Amendment in 3d Skin, 9th Line, Leave out from ["aforesaid"] to the End of the Bill, was read, and the Clauses left out.

ORDERED, To insist on this Amendment.

Then the Clauses B, C, and D, being read, which were added to the Bill in the Committee of the whole House; and also the Clause (E,) which was added as a Rider to the said Bill, being read.

ORDERED, To insist on the said Clauses.

Then the postponed Amendments in the Preamble; (videlicet,) 1st Skin, 10th Line, after ["scrupulous"], read ["but"]; 11th Line, Leave out from ["Whereas"] to ["several"] in the 16th Line, being read.

ORDERED, To insist on these Amendments.

Then the Amendment in 20th Line, Leave out ["such"], being read;

ORDERED, To insist on this Amendment.

Bills with Penaities, begun to this House, or Bills of that Nature brought from H. C. and altered by the Lords, Precedents of, Committee to search for.

Then Lords Committees were appointed, to draw Reasons, to be offered at a Conference, for the Lords insisting on their Amendments made to the Bill, intituled, "An Act for preventing Occasional Conformity;" whose Lordships are to inspect the Records for Precedents, where Bills have begun in the House of Peers with Penalties in them; as also, where Bills have begun with Penalties in the House of Commons, which Penalties have been altered in the House of Peers ; and report to the House.

Their Lordships, or any Three of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings; and that the Committee inspect Precedents, to see where Bills have begun in this House with Pecuniary Penalties; and also where Bills which have begun with Penalties have been altered in this House.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Managers be the Committee; and all the Lords present the Seventeenth Instant to be the Managers.

D. of Marlborough introduced.

John Earl of Marlborough, being by Letters Patents (dated the Fourteenth Day of December, Anno Regni Annæ Reginæ Primo) created Duke of Marlborough, was, in his Robes, introduced, between the Duke of Somerset and the Duke of Ormond (also in their Robes); and preceded by the Gentleman Usher of the Black Rod, Garter King at Arms, the Lord Great Chamberlain, and Earl Marshal of England. His Lordship presented his Patent to the Lord Keeper, on his Knee, at the Woolsack; who delivered it to the Clerk; and being read at the Table, as also his Writ of Summons, dated 15° Die Decembris, Anno præd. his Grace took his Place accordingly.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum nonum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.