House of Lords Journal Volume 17: 22 January 1703

DIE Veneris, 22 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Erle's Bill.

The Lord Lawarr reported from the Lords Committees, the Bill, intituled, "An Act to enable the Executors and Trustees of Sir Charles Ralegh to transfer to Thomas Erle Esquire Eight Hundred Pounds Capital Stock in the Bank of England, in order for Payment of the just Debts of the said Thomas Erle," as fit to pass, without any Amendment.

ORDERED, That the said Bill be engrossed.

Ardern's Bill.

The Earl of Warrington reported from the Lords Committees, the Bill, intituled, "An Act to enable John Ardern Esquire to pay his Father's Debts, and make Provision for his Brother and Sister," as fit to pass, with One Amendment.

Which was read Twice, and agreed to.

Butler's Bill.

The Earl of Warrington also reported from the Lords Committees, the Bill, intituled, "An Act for setting aside a Settlement, in order that William Butler may have a good Conveyance of Lands from Raphael Whistler, according to Articles agreed on," as fit to pass, without any Amendment.

ORDERED, That the said Bill be engrossed.

Malt Duties, &c. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting a Supply to Her Majesty, by several Duties imposed upon Malt, Mum, Cyder, and Perry."

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.

Accessaries to Felonies, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for punishing of Accessaries to Felonies, and Receivers of stolen Goods; and to prevent wilful burning and destroying of Ships."

E. Peterborough versus Sir J. Germaine & al.

The House having this Day heard Counsel, as ordered the Twentieth Instant, upon hearing the Appeal of Charles Earl of Peterborow, and the Answer of Sir John Germaine and the Lady Mary Mordaunt put in thereunto; the following Judgement was made:

Judgement affirmed.

"After hearing Counsel, the Twentieth Instant, upon the Petition and Appeal of Charles Earl of Peterborow and Monmouth, Grandson and Heir Male of John late Earl of Peterborow deceased, from an Order or Decree of Dismission made in the Court of Chancery, the Sixteenth Day of December last, on the Behalf of the Lady Mary Mordaunt; and praying Relief touching the Matters in the said Appeal complained of: As also upon the Answer of Sir John Germaine Baronet, and the said Lady Mary Mordaunt his Wife, put in thereunto; and 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 said Petition and Appeal of Charles Earl of Peterborow and Monmouth shall be, and is hereby, dismissed this House; and that the Order or Decree of Dismission therein complained of shall be, and is hereby, affirmed."

Ardern's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Ardern Esquire to pay his Father's Debts, and make Provision for his Brother and Sister."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendment to it.

A Message was sent to the House of Commons, by Sir Robert Legard and Mr. Rogers:

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

Ld. Wharton versus Squire & al.

After hearing Counsel, upon the Petition of Robert Squire Esquire and John Thompson; and the Answer of the Right Honourable Thomas Lord Wharton; and Debate thereupon:

Squire & al. Petition dismissed.

The Question was put, "Whether the Petition of Robert Squire and John Thompson shall be dismissed, and they ordered to answer?"

It was Resolved in the Affirmative.

"Dissentient.

Protest against it.

"1st. Because, we conceive, that by this we assume a Jurisdiction in an original Cause, for these Reasons:

"1st. Because there has been no Suit between the Parties in the Court of Exchequer; and consequently this Petition cannot be called an Appeal from that Court.

"2dly. Although there was a Suit in the Court of Chancery, yet One of the Persons required to answer was not a Party in that Suit; and therefore, as to him at least, it must be an original Cause.

"3dly. Though all had been Parties in the Chancery, yet it never was heard, that an Appeal lay from one Court that had no Suit depending in it, because there was a Suit depending in another Court.

"2dly. Because no Court can take any Cognizance of a Cause, in which that Court cannot make an Order: But in this Case, the House of Lords cannot make an Order (because very many are concerned in this Record who are not before this House); therefore this House cannot take any Cognizance of it.

"Nottingham.
Leeds.
Weymouth.
Rochester.
Tho. Roffen.
Jonat. Exon.
W. Carliol.
Townshend.
Poulett.
Dartmouth.
N. Duresme.

L. Wharton versus Squire & al.

Whereas the Right Honourable Thomas Lord Wharton did, on the Nineteenth Day of December last, bring an Appeal into this House, from an Order of the Court of Exchequer, bearing Date the Fifteenth Day of July 1701; to which Robert Squire and John Thompson were ordered to answer; and that, instead of answering, they preferred a Petition to this House, the Seventh Instant, by Way of Demurrer to the said Appeal:

Which being argued this Day, at the Bar, by Counsel on either Side; and due Consideration of what was offered thereupon; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Robert Squire and John Thompson shall be, and is hereby, dismissed this House: And it is further ORDERED, That the said Robert Squire and John Thompson shall and they are hereby required to put in their Answers thereunto, in Writing, on Monday next, at Eleven a Clock.

Ivy versus Ashe.

The House being this Day moved, on the Behalf of Edward Ashe Esquire, Respondent to the Appeal of St. John Ivye, "That a Day may be appointed, for hearing of the said Appeal:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Third Day of February next, at Eleven a Clock.

Lone's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of several Estates, for Payment of Debts charged thereupon; and for disposing the Residue of the Money at Interest, for the Benefit of Gyles Lone and other Infants, pursuant to their Father's Will."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Monday the Five and Twentieth Day of this Instant January, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Borelaps and Irish Linen Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Explanation of a Clause in One Act, made in the Seventh Year of His late Majesty's Reign, relating to Borelaps, and to take off the additional Subsidy upon Irish Linen."

ORDERED, That the Consideration of the said Bill be referred to the Lords Committees abovenamed; who are to meet on Monday next, at the Time and Place aforesaid.

Ormsby versus Ormsby; è contra.

Whereas this Day was appointed for hearing of the Causes depending in this House; One, wherein John Ormsby Esquire is Appellant, and Henry Dodwell Esquire and his Wife are Respondents; the other, wherein John Ormsby Esquire is Appellant, and Elizabeth Ormsby Widow Respondent; and also the Cross Appeals, wherein Henry Dodwell and his Wife are Appellants, and John Ormsby Esquire is Respondent; the other, wherein Elizabeth Ormsby Widow is Appellant, and John Ormsby Respondent:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Causes, by Counsel, at the Bar, on Monday next, at Eleven a Clock precisely.

Adjourn.

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