House of Lords Journal Volume 16
29 April 1701

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 16: 29 April 1701', Journal of the House of Lords: volume 16: 1696-1701 (1767-1830), pp. 663-665. URL: http://british-history.ac.uk/report.aspx?compid=13885 Date accessed: 23 November 2014.


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DIE Martis, 29 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. Londin.
Epus. Wigorn.
Epus. Roffen.
Epus. Exon.
Epus. Sarum.
Epus. Bangor.
Epus. Elien.
Epus. Norwic.
Epus. St. Asaph.
Epus. Cicestr.
Epus. Oxon.
Ds. Custos Magni Sigilli.
Comes Pembroke, Præses.
Dux Northumberland.
Dux Bolton.
Dux Leeds.
March. Normanby.
Comes Huntingdon.
Comes Stamford.
Comes Winchilsea.
Comes Carnarvon.
Comes Thanet.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Bathe.
Comes Carlisle.
Comes Burlington.
Comes Shaftesbury.
Comes Feversham.
Comes Maclesfeld.
Comes Radnor.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Portland.
Comes Marlborough.
Comes Warrington.
Comes Bradford.
Comes Rochford.
Comes Orford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville.
Ds. Bergevenny.
Ds. Ferrers.
Ds. Dudley & Ward.
Ds. Wharton.
Ds. Willughby Par.
Ds. North & Grey.
Ds. Chandos.
Ds. Hunsdon.
Ds. Brooke.
Ds. Poulett.
Ds. Maynard.
Ds. Howard Esc.
Ds. Mohun.
Ds. Vaughan.
Ds. Culpeper.
Ds. Rockingham.
Ds. Lexington.
Ds. Granville.
Ds. Cornwallis.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax.

PRAYERS.

Dean and Chapter of Lincoln versus Pye & al.

Upon reading the Petition and Appeal of the Dean and Chapter of the Cathedral Church of Lincolne and Charles Newcomen Gentleman, from Two several Decrees made in the Court of Chancery, one of them on the Eleventh Day of December One Thousand Six Hundred Ninety-seven, and the other the One and Twentieth Day of June One Thousand Seven Hundred, whereby a Legacy of One Thousand Pounds, and Interest, given to Anne Allington in case she attained Eighteen Years of Age, is decreed to the Respondent Pye, as Administrator to her, although she died before Sixteen Years of Age; and humbly praying, "That Richard Pye Esquire and Barbara his Wife, William Woolfe and Elizabeth his Wife, may answer; and that the said several Decrees may be reversed:"

It is ORDERED, by the Lords Spiritual and Temporal assembled in Parliament, That the said Richard Pye and Barbara his Wife, William Woolfe and Elizabeth his Wife, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing, on Tuesday the Thirteenth Day of May next, at Eleven of the Clock.

Vexatious Suits, for restraining, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectual restraining of trisling and vexatious Suits in Law."

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

March. Normanby.
Comes Huntingdon.
Comes Stamford.
Comes Sandwich.
Comes Feversham.
?
Comes Radnor.
Comes Nottingham.
Comes Rochester.
Comes Marlborough.
Comes Warrington.
Comes Bradford.
Comes Orford.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville.
Epus. Roffen.
Epus. Exon.
Epus. Sarum.
Epus. Norwic.
Epus. Petrib.
Epus. Gloucestr.
Epus. St. Asaph.
Epus. Cicestr.
Epus. Lincoln.
Epus. Oxon.
Ds. Ferrers.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Poulett.
Ds. Maynard.
Ds. Culpeper.
Ds. Berkeley.
Ds. Dartmouth.
Ds. Guilford.
Ds. Jeffreys.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax.

PRAYERS.

Mr. Baron Tracy, to assist.

Their Lordships, or any Five of them; to meet on Monday 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.

King's Bench and Fleet Prisons, for regulating, Bill.

After hearing Counsel, for and against the Bill, intituled, "An Act for regulating the Prisons of The King's Bench and Fleete:"

Hodie 2a vice lecta est Billa, intituled, "An Act for regulating the Prisons of The King's Bench and Fleete."

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

D. Somerset.
D. Leeds.
Mar. Normanby.
Comes Huntingdon.
Comes Stamford.
Comes Thanet.
Comes Scarsdale.
Comes Sandwich.
Comes Bathe.
Comes Carlisle.
Comes Shaftsbury.
Comes Feversham.
Comes Maclesfeld.
Comes Radnor.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Marlborough.
Comes Scarbrough.
Comes Warrington.
Comes Bradford.
Comes Orford.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville.
Epus. Londin.
Epus. Wigorn.
Epus. Roffen.
Epus. Exon.
Epus. Sarum.
Epus. Bangor.
Epus. Norwic.
Epus. Petrib.
Epus. Gloucestr.
Epus. St. Asaph.
Epus. Lincoln.
Epus. Cicestr.
Epus. Oxon.
Ds. Bergevenny.
Ds. Ferrers.
Ds. Dudley.
Ds. Eure.
Ds. North.
Ds. Chandos.
Ds. Hunsdon.
Ds. Brooke.
Ds. Poulett.
Ds. Maynard.
Ds. Howard Esc.
Ds. Mohun.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lexington.
Ds. Granville.
Ds. Cornwallis.
Ds. Dartmouth.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Cholmondley.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax.

The Lord Chief Justice, Lord Chief Baron, and One of the Justices of the Commons Pleas, to assist.

Their Lordships, or any Five of them; to meet on Saturday 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.

Leave versus Tilly and Ford.

Upon reading the Petition of Elizabeth Leave, Daughter of Charles Leave Gentleman, deceased; complaining of Mr. Tilley and William Weedon Ford, for suffering Mr. Pollexfen, a Prisoner in The Fleet, to have his Liberty, and other ill Practices in the Petition set forth:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, referred to the Consideration of the Lords Committees to whom the Bill, intituled, "An Act for regulating the Prisons of The King's Bench and Fleete," stands committed.

Countess of Anglesey's Bill for a Separation:

Hodie 3a vice lecta est Billa, intituled, "An Act for separating James Earl of Anglesey from Katherine Countess of Anglesey his Wife, for the Cruelty of the said Earl."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Robert Legard and Sir Richard Holford:

To carry down the said Bill, and desire their Concurrence thereunto.

Sir J. Dillon's Bill for a Divorce.

Then the House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for dissolving the Marriage of Sir John Dillon with Mary Boyle, and for other Purposes therein mentioned."

After some Time, the House was resumed.

And the Lord Viscount Longueville reported from the Committee, the Bill as fit to pass, with several Clauses added, and other Amendments made thereto.

Which were read Twice, and agreed to, with this Alteration; (videlicet,) "That the Two Hundred Pounds per Annum, payable to Dame Mary Dillon after Sir John's Death, should be but One Hundred Pounds per Annum, payable in London."

ORDERED, That the said Bill, with the Clauses, and other Amendments, be engrossed.

Dormer versus Bertie & al.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein John Dormer is Appellant, and Charles Bertie Esquire and others are Respondents, on Monday next, at Eleven of the Clock, the First Business; and no other to intervene.

L. Hereford's Privilege.

A Petition being offered, relating to the Privilege of the Lord Viscount Hereford:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be read on Monday next; and the Lord Viscount Hereford to have Notice.

Auditors of Imprest.

The Auditors of Imprest, according to Order, delivered in their Certificate relating to Accompts.

Penn against the Bill for re-uniting Governments in America to the Crown.

Whereas To-morrow was appointed for hearing William Penn, as to what relates to his Father, against the Bill, intituled, "An Act for re-uniting to the Crown several Colonies and Plantations in America;" as also His Majesty's Counsel, to make good the Allegations of the Bill:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That they shall be heard on Saturday next, and any other Persons who shall think themselves therein concerned; and this Order to be set on the Door of the House.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That William Popple Esquire, Secretary to the Committee of Trade and Plantations, do attend this House on Saturday next, at Eleven of the Clock in the Forenoon, with such Books and Papers as are in his Custody, and may be useful, in order to make out the Allegations of the Bill, intituled, "An Act for re-uniting to the Crown the Government of several Plantations and Colonies in America."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Colonel Jeremy Bass, Captain Joshua Barkstead, Arthur Bunnyon Merchant, Joseph Dudley Esquire, George Bromfield Merchant, James Butler Merchant, John Street Gentleman, Peter Renew Merchant, Mr. John Leech, Peregrine Trott Esquire, Jalibral Brenton Esquire, Richard Savage Gentleman, Gabriel Thomas, Mr. Walsh, Mr. Nicoll, and Mr. Giles Bean, do attend this House on Saturday next, at Eleven of the Clock in the Forenoon, in order to make out the Allegations of the Bill there depending, intituled, "An Act for re-uniting to the Crown the Government of several Colonies and Plantations in America."

Perkirs's Witnesses to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Henry Hooke Esquire and Richard Clapcote shall and they are hereby required to attend this House, as Witnesses, to be examined on the Behalf of Edmund Perkins Esquire, on Tuesday the Thirteenth Day of May next, at Eleven a Clock in the Forenoon.

Lady Say & Seal versus Lord Say & Seal.

Upon Consideration of the Matter in Difference between the Lady Viscountess Say and Seale and the Lord Viscount Say and Seale, appointed to be resumed this Day; the Earl of Rochester reported, "That the Parties had agreed as followeth; (videlicet,)

"1. My Lord is to produce the Jointure Deed, and confirm and settle the Three Hundred Pounds per Annum Rent-charge, as Counsel shall advise; or otherwise to secure a Rent-charge of Three Hundred Pounds per Annum for the Lady's Life, according to the Terms of the former Deed.

"2. My Lady to have her Cloaths, Rings, and Books, and every Thing belonging to my Lady's Person, the Pictures of her Relations and that of King James the First, and the Coaches and Things in her Possession at London.

"3. As to the Arrears of the Rent-charge; One Hundred Pounds to be paid within Eight Days from the perfecting of the Agreement, and One Hundred Pounds more within Eight Days more, and the Remainder of the Arrears at Michaelmas One Thousand Seven Hundred and One, and what shall be then due to be paid at the same Time: That the Twelve Hundred Pounds be secured by such good Security as the Lord Viscount Say & Seale can make, to be approved on by the Lady's Counsel, to carry Interest at Five Pounds per Cent. from Michaelmas next; and the Principal to be paid at Lady-day One Thousand Seven Hundred and Two, One Moiety; and the other at Michaelmas One Thousand Seven Hundred and Two.

"4. The Lady Say and Seale is to have the Plate with her own Coat of Arms on it, being Five Salvers and a Standish.

"5. The Lady Say and Seale to pay for the Funeral and Mourning; the Lord Say and Seale to allow and pay Two Hundred Pounds towards it to the Lady Say and Seale.

"6. The Seventy-five Pounds Mr. Davison remitted to my Lord Say and Seale after his Father's Death, my Lord to allow.

"7. The Third of May is to be taken, that the Agreement is perfected as to the Payment of the First One Hundred Pounds.

"8. That, if any Difference arise, either Party is to repair to the Lord Chief Justice, to adjust Matters between them, relating to the Conveyances; and that the Lord and Lady Say & Seale do require their Agents to dispatch this Matter; and upon the Performance of these Particulars, each Party is to release the other."

All which the House approved.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, (videlicet,) tertium diem Maii jam prox. futur. hora undecima Auroræ, Dominis sic decernentibus.