DIE Lunæ, 3 Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Cant.
Epus. Londin.
Epus. Winton.
Epus. Cov. & Lich.
Epus. Sarum.
Epus. Cestr.
Epus. Elien.
Epus. Petrib.
Epus. Cicestr. |
Dux Leeds, Præses.
Comes Pembroke, Custos Privati Sigilli.
Dux Somerset.
Dux Northumberland.
Dux St. Albans.
March. Halifax.
March. Normanby.
Comes Oxon.
Comes Kent.
Comes Huntingdon.
Comes Suffolke.
Comes Bridgewater.
Comes Leicester.
Comes Denbigh.
Comes Manchester.
Comes Rivers.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Thanet.
Comes Essex.
Comes Anglesey.
Comes Burlington.
Comes Feversham.
Comes Radnor.
Comes Rochester.
Comes Portland.
Comes Warrington.
Comes Romney.
Comes Tankerville.
Comes Orford.
Viscount Longueville.
Viscount Lonsdale. |
Ds. Bergevenny.
Ds. Audley.
Ds. Willughby Er.
Ds. Ferrers.
Ds. Fitzwalter.
Ds. Dudley.
Ds. Eure.
Ds. Hunsdon.
Ds. Howard Esc.
Ds. Mohun.
Ds. Raby.
Ds. Jermyn.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Berkeley S.
Ds. Granville.
Ds. Osborne.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Guilford.
Ds. Jeffreys.
Ds. Cholmondeley.
Ds. Herbert.
Ds. Haversham.
Ds. Barnard. |
PRAYERS.
The Lord Chief Justice Treby sat Speaker.
Savery's Invention for raising Water, &c. Bill for Encouragement of.
The Lord Ferrers reported from the Lords Committees, the Bill, intituled, "An Act for the Encouragement of a new Invention by Thomas Savery for
raising Water, and occasioning Motion to all Sorts of
Mill-work, by the impellent Force of Fire," as fit to
pass, with some Amendments.
Which were read Twice, and agreed to.
ORDERED, That the said Bill be engrossed.
Air and Galder Rivers navigable, Bill:
The Lord President reported from the Lords Committees, the Bill, intituled, "An Act for the making
and keeping navigable the Rivers of Air and Calder,
in the County of York," as fit to pass, with some
Amendments.
Which were read Twice, and agreed to.
Hodie 3a
vice lecta est Billa, intituled, "An Act for
the making and keeping navigable the Rivers of Air
and Calder, in the County of York,"
The Question was put, "Whether this Bill, with
the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by
Sir Richard Holford and Mr. Pitt:
To return the said Bill, and desire their Concurrence
to their Lordships Amendments.
Sir F. Andrews' Bill:
The Lord Ferrers reported from the Lords Committees, the Bill, intituled, "An Act for Sale of the
Manor of Downham, in the County of Essex (the Estate
of Sir Francis Andrews); and for buying and settling
other Lands to the same Uses," as fit to pass, with
some Amendments.
Which were read Twice, and agreed to.
Hodie 3a
vice lecta est Billa, intituled, "An Act for
Sale of the Manor of Downham, in the County of
Essex (the Estate of Sir Francis Andrews); and for
buying and settling other Lands to the same Uses."
The Question was put, "Whether this Bill, with
the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by
Sir Richard Holford and Mr. Pitt:
To return the said Bill, and desire their Concurrence
to their Lordships Amendments.
Price's Bill.
The Earl of Stamford reported from the Lords Committees, the Bill, intituled, "An Act to enable Edward
Price Esquire to transfer a Charge of One Thousand
Pounds, for the Use of his Younger Children, from
an Estate in the County of Montgomery, to an Estate
in the Counties of Hereford and Radnor, of better
Value," as fit to pass, without any Amendment.
Hodie 3a
vice lecta est Billa, intituled, "An Act to
enable Edward Price Esquire to transfer a Charge of
One Thousand Pounds, for the Use of his Younger
Children, from an Estate in the County of Montgomery, to an Estate in the Counties of Hereford and
Radnor, of better Value."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
ORDERED, That the Commons have Notice, the
Lords have agreed to the said Bill, without any Amendment.
Trent River, navigable, Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act for
making and keeping the River Trent, in the Counties
of Leicester, Derby, and Stafford, navigable."
ORDERED, That the said Bill be committed to the
same Committee as the Bill, intituled, "An Act for the
making and keeping navigable the Rivers of Air and
Calder, in the County of York," was committed:
Any Five of their Lordships, to meet on Thursday the
Thirteenth Day of this Instant April, at Ten of the
Clock in the Forenoon; and that the Two Provisos offered this Day be then considered by the said Committee.
Ward and Levett versus E. of Meath.
Whereas, by Order of this House, of the Fourteenth
of February last, Edward Earl of Meath and Cecilia his
Wife were ordered to put in their Answer to the Petition of Edward Ward Esquire, John Levett Esquire,
and Mary his Wife:
Upon Oath made this Day, "That a Copy of the
said Order was left at the Dwelling-house of the said
Earl of Meath in Ireland, in order to the said Earl's
answering the Eight and Twentieth of March last,
which the said Earl hath not yet done;" it is this
Day ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That this House will peremptorily hear the said Cause, upon the said Petition, on
Saturday the Two and Twentieth Day of this Instant
April, at Eleven of the Clock in the Forenoon; and
that the leaving of a Copy of this Orderat the Dwelling-house of the said Earl of Meath, in Ireland, shall
be a sufficient Notice, in order thereunto.
Pulteney's Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act for
the enabling the surviving Trustee of Sir William Pulteney Knight, deceased, to make Leases, for the raising
Monies, for Payment of his Son William Pulteney's
Debts, and other Purposes therein mentioned."
ORDERED, That the Consideration of the said Bill be
committed to the same Committee as the Bill, intituled,
"An Act for opening the ancient and making any new
Roynes and Water-courses in and near Sedgemore, in
the County of Somerset, for rendering the said Moor
more healthful and profitable to the Inhabitants," is
committed; and any Five of them, to meet on Tuesday
the Eighteenth Day of this Instant April, at Ten of the
Clock in the Forenoon, in the Prince's Lodgings near
the House of Peers; and to adjourn as they please.
Hough's Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act for
the Sale of the Estate of Zenobia Hough, for the Payment of the Debts of her Husband, and other Uses."
ORDERED, That the Consideration of the said Bill be
committed to the same Committee as Sedgemore Bill is
committed: Any Five of them, to meet on Tuesday the
Eighteenth Day of this Instant April, at Ten of the
Clock in the Forenoon, in the Prince's Lodgings near
the House of Peers; and to adjourn as they please.
Forster's Bill.
The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for the confirming
of a Grant and Settlement made by William Forster
Esquire, of divers Manors and Lands, in the County
Palatine of Durham and County of Northumberland,
to Thomas Lord Fairfax and others, upon certain
Trusts and Uses therein mentioned," as fit to pass,
with some Amendments.
Which were read Twice, and agreed to; and the Bill
ordered to be engrossed, with the said Amendments.
Aldworth's Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act to
enable Robert Aldworth and Anne his Wife to sell
their Estate, in or near Wantage, in the County of
Berks, for raising of Three Hundred Pounds, for
Payment of his Debts; and for applying the Residue
of the Money arising by the Sale for the purchasing
some other Estate, for the sole Benefit of his Wife
and Children."
ORDERED, That the said Bill be committed to the
same Committee as the Bill, intituled, "An Act for the
making and keeping navigable the Rivers of Air and
Calder, in the County of York," stood committed;
and to meet on Tuesday the Eighteenth Day of this Instant April, at Ten of the Clock in the Forenoon, in the
Prince's Lodgings near the House of Peers; and to adjourn as they please.
Owen versus Saunders in Error:
Whereas a Record of the Court of King's Bench was,
by Writ of Error, brought into this House the Seven
and Twentieth Day of February last, wherein Philip Owen
is Plaintiff, and Robert Saunders Defendant, whereby a
Judgement given in His Majesty's Court of Common
Pleas for the said Philip Owen was reversed, whereupon
Errors were assigned, and Issue joined; and Counsel
being this Day heard:
After 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 Judgement given in His Majesty's Court of
King's Bench for the said Robert Saunders shall be, and
is hereby, reversed; and the Judgement given in the
Court of Common Pleas affirmed, and the Record remitted.
The Tenor of which Judgement, to be affixed to
the Transcript of the Record to be remitted,
is as followeth; (videlicet,)
"Postea, scilicet, Vicesimo Septimo Die Februarii,
Anno Regni Domini Gulielmi Tertii, nunc Regis Angl.
&c. Undecimo, Transcript. Record. et Process. Loquel.
præd. cum omnibus ea tangen. Prætextu cujusdam
Brevis de Error. corrigend. per præfat. Ph'um Owen
in Præmissis prosecut. dicto Domino Regi in præsenti
Parliamento, a dict. Cur. dicti Domini Regis coram
ipso Rege transmiss. fuit; prædictusque Ph'us in eadem
Cur. Parliament. comparens, divers. Materias pro Error. in Record. et Process. Revocation. et Adnulla
tion. Judicii in Cur. Domini Regis coram Justic.
ipsius Domini Regis de Banco præd. reddit. necnon pro Affirmatione ejusdem Judicii assign.; ad quas
præd. Rob'tus Saunders coram eodem Domino Rege
in hoc Parliament. per Attornat. suum præd. ven. et
dixit, quod in Redditione Judicii præd. in Cur. dict.
Domini Regis coram Justic. ipsius Domini Regis de
Banco præd. manifest. fuit Errat. ac quod in Record.
et Process. Revocation. et Adnullation. ejusdem Judicii in nullo fuit Errat. Postmodumque, scilicet, Die
Lunæ, Tertio Die April. Anno Regni Domini Regis
nunc Undecimo, in præd. Cur. Parliament. diligent.
examinat. et plene intellect. tam Record. et Process.
præd. quam Mater. pro Error. in Revocatione et Adnullatione ejusdem Judicii, pro eo quod videtur Cur.
Parliament. præd. quod nec in Record. et Process.
Cur. dicti Domini Regis coram Justic. ipsius Domini
Regis de Banco præd. nec in Judic. per eandem Cur,
reddit. in ullo est Errat. et quod in Record. et Process. Revocation. et Adnullation. ejusdem Judicii
manifeste est Erratum: Ideo ad tune et ibidem cons.
est per eandem Cur. Parliament. nunc hic, quod præd.
Judic. in Cur. Domini Regis, coram ipso Rege, pro
Revocatione & Adnullatione Judicii in Cur. dict.
Domini Regis coram Justic. ipsius Domini Regis de
Banco præd. reddit. ob. Error. præd. et al. in Record.
et Process. Revocation. et Adnullation. ejusdem Judicii
compert. revocetur, adnulletur, et penitus pro nullo
habeatur; et quod præd. Judic. in Cur. dict. Domini
Regis coram Justic. ipsius Domini Regis de Banco
præd. reddit. in omnibus affirmetur; et quod idem
Ph'us ad omnia quæ Occasione Revocation. et Adnullation. ejusdem Judicii amisit restituatur; super
quo, Record. præd. necnon Process. præd. in eadem
Cur. Parliament. in Præmissis habit. remittuntur in
Cur. Domini Regis, coram ipso Rege apud Westm."
Adjourn.
Georgius Treby Miles, Capitalis Justiciarius Com.
Placit. declaravit præsens Parliamentum continuandum
esse usque ad et in diem Martis, (videlicet,) quartum
diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.