House of Lords Journal Volume 17: 2 February 1704

DIE Mercurii, 2 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Commissioners for Public Accompts, deliver Papers.

The Commissioners appointed by a late Act of Parliament, for taking, examining, and stating, the Public Accompts of the Kingdom, attending at the Door, were called in; and at the Bar, delivered a State of their Accompts, with several other Papers relating thereunto; (videlicet,)

1. "29th January 170 3/4;, The Report of the Commissioners of Accompts, about the Army, Transports, and Prizes."

2. "29th January 1703. An Abstract of the Certificates and Debentures made forth to the late Paymaster of Her Majesty's Forces, by the Commissioners appointed to take, examine, and determine, the Debts due to the Army, &c. since the last Accompt thereof laid before your Lordships; with a Distinction of the Deduction of Poundage during the whole Time of the respective Accompts."

3. "29th January 170 3/4. An Account of the Regiments whereof the Arrears due to the Non-commissioned Officers and Soldiers are, and are not, certified."

4. "29th January 1703/4;. An Accompt of the Sums of Money arising from Respites taken off, and other Allowances made, in the Regiments certified for since the last Accompt thereof laid before this most Honourable House."

5. "29th January 170 3/4. An Abstract of the Accompts of Prizes taken during the late War with France."

6. "29th January 170 3/4. A Particular of the Grants paid by the Commissioners for Prizes, for which they have Credit in the 11th Article of the Abstract of their Accompt."

Sir H. Parker versus Stilling fleet.

Upon reading the Petition and Appeal of Sir Henry Parker Baronet, and John Durham his Under-tenant, Complainants against a Decree of Dismission made in the Court of Exchequer, the Eight and Twentieth Day of June last past, on the Behalf of James Stilling fleete Clerk, Defendant; and praying the Reversal of the said Decree or Order of Dismission:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Stilling fleet may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Wednesday the Sixteenth Day of this Instant February, at Ten a Clock in the Forenoon.

Hassell versus Sir Tho. Knatchbull.

Whereas To-morrow was appointed, for hearing of the Cause wherein Anne Hassel and Sir Charles Cottrel are Appellants, and Sir Thomas Knatchbull Respondent:

The House being this Day moved, on the Behalf of Sir Thomas Knatchbull, "That another Day may be appointed for hearing thereof, his Counsel being engaged in a Cause in Westminster Hall:"

Hereupon, the Solicitors on either Side being called in, and consenting thereunto; 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 Ninth Day of this Instant February, at Ten a Clock in the Forenoon.

Bowes's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting in Trustees, Part of the Estate late of Thomas Harlackenden Bowes Esquire, for Payment of the Debts and Legacies wherewith the said Estate is charged; and for preserving the Residue, clear of all Charges, for the Benefit of Thomas Bowes Esquire, an Insant."

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 Thursday the Sixteenth Day of this Instant February, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Ferrand versus Jackson:

After hearing Counsel, upon the Petition and Appeal of Bryan Ferrand, William Watkinson, and John Watkinson, Gentlemen, from a Decree and Orders made in the Court of Chancery, the Thirtieth Day of June last past, on the Behalf of Richard Jackson, whereby the Lands in the Appeal mentioned are decreed to be sold, contrary to a Deed of Entail enrolled, which was fully proved, and the Appellant Bryan Ferrand decreed to pay Interest and Costs; and praying such Relief against the said Decree and Orders as shall be just: As also upon the Answer of the said Richard Jackson put in thereunto; and due Consideration of what was offered thereupon:

Judgement reversed.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree and Orders of the Court of Chancery, complained of in the said Appeal of Bryan Ferrand, shall be, and they are hereby, reversed, so as that the Estate entailed, as appears by the Deed, dated the Thirteenth of May 17° Caroli Primi, shall not be sold, nor be liable to any Payments as directed by the said Decree; and that the Fee Simple Estate shall pay Interest, from the Nine and Twentieth Day of January One Thousand Six Hundred Ninety-nine; and that the Respondent Richard Jackson do accompt for, and pay back, the Costs which he hath received.

Adjourn.

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