House of Lords Journal Volume 16
17 March 1698

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 16: 17 March 1698', Journal of the House of Lords: volume 16: 1696-1701 (1767-1830), pp. 237-239. URL: http://british-history.ac.uk/report.aspx?compid=13579 Date accessed: 26 October 2014.


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DIE Jovis, 17 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. Winton.
Epus. Roffen.
Epus. Exon.
Epus. Menev.
Epus. Sarum.
Epus. Cestr.
Epus. Oxon.
Epus. Elien.
Epus. Norwic.
Epus. Petrib.
Epus. Gloucestr.
Epus. Cicestr.
Ds. Cancellarius.
Dux Leeds, Ds. Præses.
Comes Pembroke, Ds. Privati Sigilli.
Dux Norfolke.
Dux Somerset.
Dux Ormond.
Dux Northumberland.
Dux Bolton.
Dux Newcastle.
March. Halifax.
March. Normanby.
Comes Lindsey, Ds. Magnus Camerarius.
Comes Oxon.
Comes Kent.
Comes Suffolke.
Comes Dorset.
Comes Bridgewater.
Comes Northampton.
Comes Denbigh.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Kingston.
Comes Carnarvon.
Comes Thanet.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Bathe.
Comes Burlington.
Comes Sussex.
Comes Feversham.
Comes Maclesfeld.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Montagu.
Comes Marleborough.
Comes Scarbrough.
Comes Bradford.
Comes Rochford.
Comes Tankerville.
Comes Orford.
Comes Jersey.
Viscount Townshend.
Ds. Bergevenny.
Ds. Audley.
Ds. Willughby Er.
Ds. Berkeley Ber.
Ds. Ferrers.
Ds. Fitzwalter.
Ds. Dudley.
Ds. Willughby Br.
Ds. Wharton.
Ds. Willughby Par.
Ds. Chandos.
Ds. Hunsdon.
Ds. Brooke.
Ds. Poulet.
Ds. Howard Esc.
Ds. Jermyn.
Ds. Byron.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Granville.
Ds. Arundell Tr.
Ds. Craven.
Ds. Osborne.
Ds. Dartmouth.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Lempster.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.

PRAYERS.

Bertie versus L. Falkland:

The House resumed the adjourned Debate Yesterday, as to what Relief Mrs. Bertie shall have.

And after Debate thereupon;

Bertie to enjoy the Estate during his Wife's Life:

This Question was put, "Whether the Relief this House will give the Appellants shall be, that they shall enjoy Mr. Cary's Estate, during Mrs. Bertie's Life."

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

"Scarsdale.
Bradford.
Stamford.
Rockingham.
Sussex.
Godolphin.
Essex.
Dartmouth.
Herbert.
Orford.
Berkeley.
Townshend.
Lucas."

After further Debate; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree complained of in the Petition of Mr. Bertie and his Wife shall be brought before this House Tomorrow, at Eleven of the Clock in the Forenoon, in order to be altered according to the Resolutions of this House.

Libellous Paper, reflecting on the Proceedings of the Court of Chancery in this Cause:

The House being informed of a Paper printed and published, intituled, "An Abstract or State of the Matter of Fact in Mr. Bertie's Case, for the Estate of John Cary Esquire, in Right of Elizabeth his Wife, Niece and sole Heir of the said John Cary, with some Remarks on the Judgement given therein," wherein are malicious and scandalous Reflections on the Court of Chancery; and the said Paper being read:

It is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the said Paper is a false, malicious, and scandalous Libel; and that it shall be burnt by the Hands of the Common Hangman.

Leake to attend about it:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That John Leake Printer shall and he is hereby required to attend this House To-morrow, at Eleven of the Clock in the Forenoon.

Committee to consider of it:

Lords Committees appointed to consider of a Paper read in this House, intituled, "An Abstract or State of the Matter of Fact in Mr. Bertie's Case, for the Estate of John Cary Esquire, in Right of Elizabeth his Wife, Niece and sole Heir of the said John Cary, with some Remarks of the Judgement given therein;" and have Power to send for any Person or Persons they shall think fit, in order to inquire after the Author and Publishers thereof; and to search Precedents, and consider what is fit to be done thereupon; and report their Opinion to this House:

D. Leeds, Ds. Præses.
Comes Pembroke, Ds. Privati Sigilli.
D. Norfolke.
D. Somerset.
D. Ormond.
D. Northumberland.
D. Bolton.
D. Newcastle.
March. Halifax.
March. Normanby.
Comes Lindsey, Ds. Magnus Camerarius.
Comes Oxon.
Comes Kent.
Comes Suffolke.
Comes Dorset.
Comes Bridgewater.
Comes North'ton.
Comes Denbigh.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Kingston.
Comes Carnarvon.
Comes Thanet.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Bathe.
Comes Burlington.
Comes Sussex.
Comes Feversham.
Comes Maclesfeld.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Montagu.
Comes Marleborough.
Comes Scarbrough.
Comes Bradford.
Comes Rochford.
Comes Tankerville.
Comes Orford.
Comes Jersey.
Viscount Townshend.
Arch. Cant.
Arch. Ebor.
Epus. Winton.
Epus. Roffen.
Epus. Exon.
Epus. Menev.
Epus. Sarum.
Epus. Cestr.
Epus. Oxon.
Epus. Elien.
Epus. Norwic.
Epus. Petrib.
Epus. Gloucestr.
Epus. Cicestr.
Ds. Bergevenny.
Ds. Audley.
Ds. Willughby Er.
Ds. Berkeley Ber.
Ds. Ferrers.
Ds. Fitzwalter.
Ds. Dudley.
Ds. Willughby Br.
Ds. Wharton.
Ds. Chandos.
Ds. Hunsdon.
Ds. Brooke.
Ds. Poulet.
Ds. Howard Esc.
Ds. Jermyn.
Ds. Byron.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Granville.
Ds. Arundell Tr.
Ds. Osborne.
Ds. Dartmouth.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Lempster.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.

Their Lordships, or any Five of them; to meet Tomorrow, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Smith's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the vesting several Lands late belonging to Robert Smith Esquire deceased in Trustees, to be sold, for the Payment of his Debts."

Barnstable Town, for Woollen Bill.

Upon reading the Petition of the Inhabitants of the Town of Ba'nstable, in the County of Devon, relating to the Bill, intituled, "An Act to encourage the Woollen Manufacture in England, and to restrain the Exportation of Woollen Manufactures from Ireland into any Foreign Parts, and for the better preventing the Exportation of Wool from England and Ireland:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by themselves or Counsel, on Friday the Five and Twentieth Day of this Instant March, at Eleven of the Clock in the Forenoon; and also all other Petitioners or Persons who shall think themselves therein concerned.

L. Lisburne's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the better settling the several Estates of the Right Honourable John Lord Viscount Lisburne and the Lady Viscountess Lisburne his Wife."

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

M. Normanby.
Comes Kent.
Comes Suffolke.
Comes Bridgewater.
Comes Stamford.
Comes Thanet.
Comes Sandwich.
Comes Essex.
Comes Bathe.
Comes Burlington.
Comes Maclesfeld.
Comes Yarmouth.
Comes Abingdon.
Comes Rochester.
Comes Marleborough.
Comes Warrington.
Viscount Townshend.
Epus. Menev.
Epus. Exon.
Epus. Sarum.
Epus. Norwic.
Epus. Petrib.
Epus. Cicestr.
Ds. Bergevenny.
Ds. Audley.
Ds. Berkeley.
Ds. Hunsdon.
Ds. Brooke.
Ds. Howard Esc.
Ds. Culpeper.
Ds. Lucas.
Ds. Arundell Tr.
Ds. Dartmouth.
Ds. Guilford.
Ds. Godolphin.
Ds. Herbert.
Ds. Haversham.

Their Lordships, or any Five of them; to meet on Saturday next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Law Suits, to restrain the Length and Expence of, Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee upon the Bill, intituled, "An Act to restrain the great Expence and Length of Suits in the Courts of Law and Equity," on Tuesday the Two and Twentieth Day of this Instant March, at Eleven of the Clock in the Forenoon.

Sir Simon Leach versus Thompson, in Error.

Upon reading the Petition of Charles Leach; praying a Day may be appointed, for hearing of the Errors argued upon the Writ of Error depending in this House, wherein Sir Simon Leach and others are Plaintiffs, and Thomas Thompson Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued thereupon, on Monday the Eight and Twentieth Day of this Instant March, at Eleven of the Clock in the Forenoon.

Sir W. Morley versus Jones, in Error.

Upon reading the Petition of Sir William Morley; praying a Day may be appointed for hearing of the Errors argued upon a Writ of Error depending in this House, wherein the Petitioner is Plaintiff, and Peter Jones Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued thereupon, on Tuesday the Nine and Twentieth Day of this Instant March, at Eleven of the Clock in the Forenoon; and that in the mean Time the Defendant do join Issue thereupon.

Davis's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting certain Customary Messuages and Lands, within the Manor of Gillingham, in the County of Dorsett, (late the Estate of Thomas Davis Gentleman deceased,) in Trustees, to be sold, for Payment of Debts."

Dean of Durham versus Corporation of Newcastle upon Tyne.

Upon reading the Petition and Appeal of the Dean and Chapter of Durham, of the Cathedral Church of Christ and Blessed Mary, and of Samuel Sheppard, of London, Merchant, against an Order of the Court of Exchequer, bearing Date the Thirteenth Day of July, which was in the Eighth Year of His present Majesty's Reign; and against the final Decree of the same Court, bearing Date the Tenth Day of February last, in a Cause there depending, between the Mayor and Burgesses of Newcastle upon Tyne Complainants, and the said Appellants Defendants:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Mayor and Burgesses of Newcastle upon Tyne may have a Copy of the said Petition and Appeal; and shall and they are hereby required to put in their Answers thereunto, in Writing, on Thursday the Fourteenth Day of April next, at Eleven of the Clock in the Forenoon.

E. of Rochford versus L. Montgomery, Privilege.

Upon reading the Petition of William Earl of Rochford, complaining of a Breach of his Privilege; and after Debate thereupon:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Debate shall be, and is hereby, adjourned to Monday next, at Eleven of the Clock in the Forenoon.

Peirse and Bp. of Chester versus Regem, in Error.

Whereas To-morrow is appointed for hearing the Errors argued upon the Writ of Error depending in this House, wherein Richard Peirse and the Bishop of Chester are Plaintiffs, and the King Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued thereupon, on Tuesday the Two and Twentieth Day of this Instant March, at Eleven of the Clock in the Forenoon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, (videlicet,) decimum octavum diem instantis Martii, hora duodecima Auroræ, Dominis sic decernentibus.