DIE Sabbati, 21 Novembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Rochester.
Epus. St. David's.
Epus. Sarum.
Epus. Chester.
Epus. Worcester.
Epus. Oxon.
Epus. Ely.
Epus. Hereford.
Epus. Norwich.
Epus. Peterborow.
Epus. Gloucester.
Epus. Chichester.
Epus. Bath & Wells. |
Dux Norfolke.
Dux Ormond.
Dux St. Albans.
Dux Bolton.
March. Hallifax.
Ds. Steward.
Comes Shrewsbury.
Comes Derby.
Comes Bridgewater.
Comes Denbigh.
Comes Clare.
Comes Manchester.
Comes Mulgrave.
Comes Rivers.
Comes Stamford.
Comes Kingston.
Comes Carnarvon.
Comes Thannet.
Comes Craven.
Comes Ailesbury.
Comes Sussex.
Comes Feversham.
Comes Radnor.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Monmouth.
Comes Montagu.
Comes Marlborough.
Comes Scarborough.
Comes Warrington.
Viscount Newport.
Viscount Weymouth.
Viscount Sidney.
Viscount Longueville. |
Ds. Willoughby Er.
Ds. Berkeley Ber.
Ds. Fitzwalter.
Ds. Chandos.
Ds. Brooke.
Ds. Colepeper.
Ds. Clifford.
Ds. Berkeley Str.
Ds. Granville.
Ds. Cornwallis.
Ds. Crew.
Ds. Keveton.
Ds. Carteret.
Ds. Godolphin.
Ds. Ashburnham. |
PRAYERS.
Mountagu's Bill.
The Earl of Rochester reported from the Committee,
the Bill, intituled, "An Act for the vesting and settling divers Lands in Gloucestershire in Trustees, to be
sold, for the Payment of the remaining Portions to
the Children of George Mountagu Esquire, deceased;"
as fit to pass, without any Amendments.
ORDERED, That the said Bill be engrossed.
E. of Aylesbury's Bill.
Earl of Craven reported from the Committee, the Bill,
intituled, "An Act for the making a Twelve Years
Lease, made by the Earl and Countess of Ailesbury
for Payment of Debts (which was determinable on
their Deaths), to have Continuance absolutely for
those Twelve Years," as fit to pass, without any
Amendments.
ORDERED, That the said Bill be engrossed.
Sir T. Burton's Bill.
Hodie 1a
vice lecta est Billa, "An Act for the enabling
of Sir Thomas Burton Baronet to sell Lands, for Payment of Debts."
Clandestine Marriages Bill.
Hodie 3a
vice lecta est Billa, "An Act disabling Minors to marry without the Consent of their Fathers
or Guardians, and against their untimely marrying
after the Decease of their Fathers, and for preventing all clandestine Marriages for the future."
A Proviso was offered, for the Quakers; and being
Thrice read,
The Question was put, "Whether this Proviso
shall be Part of the Bill?"
It was Resolved in the Affirmative.
Then the Question was put, "Whether the Bill
shall pass, with this Proviso?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Sir Miles Cooke and Mr. Keck; to carry down the said
Bill, and desire their Concurrence thereunto.
Howard versus Beaghan.
Upon hearing Counsel this Day at the Bar, upon the
Petition and Appeal of Dame Elizabeth Howard Widow,
Appellant, from a Decree made in the Court of Chancery, wherein Edmond Beaghan Esquire, and Anne Beaghan his Daughter, an Infant, were Plaintiffs, against the
said Dame Elizabeth Howard and others, Defendants;
as also upon the Answer of the said Edmond Beaghan
Esquire, and Anne his Daughter an Infant, by the said
Edmond her Father and Guardian, put in to the said Petition:
After due Consideration had of what was offered by
Counsel on either Side thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition
and Appeal of the said Dame Elizabeth Howard Widow
shall be, and is hereby, dismissed this House; and that
the Decree from which she appealed shall be, and is
hereby affirmed: And it is further ORDERED, That the
said Dame Elizabeth Howard shall pay, or cause to be
paid, unto the said Edmond Beaghan, the Sum of Twenty
Pounds, for his Costs sustained in defending the said Appeal in this House.
Judges to attend.
ORDERED, That all the Judges do attend this House
on Monday next, at Ten of the Clock in the Forenoon.
English versus Zouch.
Upon reading the Petition of Thomas English Esquire;
praying a Day may be appointed for hearing of his
Cause depending in this House, wherein James Zouch
is Plaintiff, and he Defendant; and that the Service of
the Order upon Mr. Zouche's Solicitor in this House (fn. *)
It is this Day ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That this House
will hear the said Cause, by Counsel on both Sides, at
the Bar, on Monday the Seventh Day of December next,
at Ten of the Clock in the Forenoon; and that the Service of this Order upon Mr. Zouche's Solicitor shall be
a good Service.
Chancery, &c. Bills of Review, Bill.
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That Sir Will'm Rawlinson One
of the Lords Commissioners of the Great Seal of Engl'd,
the Lord Chief Justice Holt, Mr. Justice Eyre, and Mr.
Justice Rookesby, do attend the Lords Committees appointed to consider of the Bill, intituled, "An Act for
the better determining of Causes on Bills of Review
in Chancery and other Courts of Equity," on Monday
next, at Ten of the Clock in the Forenoon, in the
Prince's Lodgings near the House of Peers.
ORDERED, That the Consideration of the said Bill is
committed to the Lords following:
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Dux Bolton.
March. Hallifax.
Comes Shrewsbury.
Comes Bridgewater.
Comes Mulgrave.
Comes Rivers.
Comes Thannett.
Comes Craven.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Monmouth.
Comes Mountagu.
Comes Scarborough.
Viscount Newport.
Viscount Weymouth. |
Arch. Cant.
Epus. London.
Epus. Sarum.
Epus. Oxford.
Epus. Wigorn. |
Ds. Fitz Walter.
Ds. Chandos.
Ds. Colepeper.
Ds. Granville.
Ds. Cornwallis.
Ds. Carteret.
Ds. Godolphin.
Ds. Ashburnham. |
Ds. Com. Rawlinson
Lord Chief Justice Holt
Mr. Justice Eyre
Mr. Justice Rookesby
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To Attend |
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Their Lordships, or any Five of them; to meet on
Monday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
Hitchcock versus Sedgwick.
Upon hearing Counsel this Day at the Bar, upon
the Petition of George Hitchcocke Esquire, William Bird
Merchant, and several others, who were Creditors of
Richard Slaney a Bankrupt, against an Order and Judgement of this House, made the Twentieth Day of December, 1690, on the Behalf of Obadiah Sedgwick; and
praying, "That they may not be restrained from, but
left at Liberty, to take their Remedy at Law against
the Bankrupt's Estate, without being concluded by
the said Order or Judgement;" as also Counsel for
the said Obadiah Sedgwick on this Point only, "Whether the Petitioners George Hitchcock and others
ought to have Liberty to try their Title at Law:"
4 Decemb. 1691. Upon hearing Counsel, these Words were added; videlicet, ["And particularly, whether the Deed of Distribution, dated 14 August, 1685, was fraudulently obtained."]
After due Consideration had of what was offered by
Counsel on either Side thereupon, it is ORDERED and
Declared, by the Lords Spiritual and Temporal in Parliament assembled, That George Hitchcocke, William Bird
Merchant, and others, Petitioners, shall have Liberty to
try their Title at Law to the said Bankrupt's Estate,
and particularly whether the Deed of Distribution, dated
the Fourteenth Day of August, One Thousand Six Hundred Eighty-Five, was fraudulently obtained; and that
the Words in the former Order of the Twentieth of December, One Thousand Six Hundred Ninety, from the
Word ["reversed"] be left out; (videlicet,) "And
that the Estate shall be sold, to the Intent, that
out of the Principal Money, Rents in the Court of
Chancery, and Arrears of Rent, the Petitioner Obadiah Sedgwick shall be satisfied and paid all his Principal Debt of Two Thousand Two Hundred Pounds,
with Interest, Costs, and Charges, as Mortgagees are
usually allowed; and that the Overplus of the Money
raised by such Sale and Money in Court and Arrears
of Rent, after the said Obadiah Sedgwick
paid, shall be distributed amongst the other
Creditors of Richard Slaney; which the
Court of Chancery is to direct to be done,
and executed accordingly."
Adjourn.
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de
Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 23um diem instantis Novembris, hora decima
Aurora, Dominis sic decernentibus.