House of Lords Journal Volume 16: 28 February 1700

DIE Mercurii, 28 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Frivolous Suits in W. &c. to prevent; Bill:

The Lord Viscount Longueville reported from the Lords Committees, the Bill, intituled, "An Act for preventing of frivolous and vexatious Suits, in the Principality of Wales and the Counties Palatine," as fit to pass, with One Amendment.

Which was read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act for preventing of frivolous and vexatious Suits, in the Principality of Wales and the Counties Palatine."

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

It was Resolved in the Affirmative.

Message to H. C. with an Amendment to it.

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

To return the said Bill, and desire their Concurrence to the Amendment.

Ly. Grandison's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for settling the Estate of Katherine Fitzgerald Viliers, and raising of Money for Payment of Debts, and better securing of Portions for her Five Younger Children, by Edward Fitzgerald Villiers Esquire, her late Husband."

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 Richard Holford and Sir Robert Legard:

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

Message from thence, with a Bill.

A Message from the House of Commons, by Mr. White and others:

Who brought up a Bill, intituled, "An Act for naturalizing Theodore Jacobson and others;" to which they desire the Concurrence of this House.

Heads for a Conference on Delivery of the Bill for Commissioners to treat about an Union between England and Scotland.

The Lord Godolphin reported from the Lords Committees appointed to consider of what may be proper to be offered, at a Conference, upon the Delivery of the Bill, intituled, "An Act, authorizing certain Commissioners of the Realm of England to treat with Commissioners of Scotland, for the Weal of both Kingdoms," the Precedents following; (videlicet,)

"13 March, 1623. A Message to the Commons, with a Bill, concerning the Castle of Killingworth; with a special Recommendation thereof, for that it concerned the Prince.

"Eodem Die. A Bill was brought from the Commons, to enable the Prince to make Leases, &c. with this Message: "That they have sent this Bill alone, for that it concerns the Prince his Highness."

"Eodem Die. A Bill from the Commons, concerning Monopolies, with this Message: "That the Commons desire their Lordships to take this Bill into their serious Consideration, as an Act of great Importance."

"31° Maii, 1621. A Message to the Commons, with a Bill touching the Adjournment of the Parliament; with special Commendations thereof, and Desire of all possible Haste to expedite the same.

"7th April, 1624. A Message from the Commons, with Eight Bills; One of which, concerning Concealments, they specially recommend to their Lordships, as a Bill concerning the general Good and Quiet of the whole Kingdom.

"And that the Committee is of Opinion, That the said Bill be sent down by Two Judges, with a special Commendation."

Special Message to H. C. with Union Bill.

To which the House agreed; and ORDERED, That the Lords do recommend this Bill to the Commons, as a Bill of great Consequence; and that Mr. Justice Nevill and Mr. Justice Turton do carry down the same, and desire their Concurrence thereunto, with the said Recommendation.

Whitmore's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable William Whitmore Esquire, and Richard Whitmore his Brother, respectively, with the Consent of Trustees, to make Leases of several Manors, Lands, and Hereditaments, late the Estate of Sir William Whitmore Baronet, during their respective Minorities."

Bond's Bill.

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for the settling all Differences concerning Dame Mary Bond's Will, and for performing the same," 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.

Hopwood's Bill.

The Lord Viscount Longueville reported from the Lords Committees, the Bill, intituled, "An Act for rectifying a Mistake in the Marriage Settlement of Thomas Hopwood Gentleman and Elizabeth his Wife, in order to raise Portions for Younger Children, and to pay Debts," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for rectifying a Mistake in the Marriage Settlement of Thomas Hopwood Gentleman and Elizabeth his Wife, in order to raise Portions for Younger Children, and to pay Debts."

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.

Exportation of Corn, Account of.

The Commissioners of the Customs delivered their Report, with an Account of Corn and Grain exported from the Port of London, and from the Out Ports, required by Act of Parliament.

Hore Leave for a Bill.

Upon reading the Petition of Charles Hore Esquire and Mary his now Wife; praying Leave to bring in a Bill for Sale of Part of their Estate, for Satisfaction of a Mortgage and other just Debts:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave given them for bringing in a Bill, as desired.

Lane and Wood versus Niccoll.

Whereas Monday next was appointed for hearing of the Cause wherein Ralph Lane and Edward Wood are Appellants, and Charles Nicoll and Richard Young Respondents:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause on Friday the Eighth Day of March next, at Eleven of the Clock in the Forenoon.

Writings to be produced.

Upon reading the Petition of Ralph Lane and Edward Wood; shewing, "That there are Books, Papers, and Letters, belonging to the Matters in Question between them and Charles Nicoll and Richard Young, which are, by Directions of the Court of Chancery, in the Custody of Mr. Pitts, One of the Masters of that Court; and praying, that they may be produced at the Hearing of the Cause in this House; and that they may in the mean Time have Recourse to them:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Books, Papers, and Letters, shall be produced, at the Hearing of the Cause in this House, on Friday the Eighth Day of March next, at Eleven of the Clock; and that, in the mean Time, the Petitioners may have Recourse to them in the Master's Hands.

Thomas's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Dalby Thomas Esquire to sell Lands in Islington, in Middl'x, settled on his Marriage with Dorothy his now Wife, as Part of her Jointure; he settling another Estate, of equal or greater Value, in Lieu thereof."

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.

Williams versus Williams.

Upon reading the Petition and Appeal of John Williams, of Cundee, in the County of Brecon, Esquire, Administrator of William Williams, late of Cundee aforesaid, Gentleman, deceased, from a Decree made in the Court of Chancery, the Thirtieth Day of April, in the Ninth Year of His present Majesty's Reign, and confirmed by an Order made in the same Court, the Fifteenth of November, in the Tenth Year of His said Majesty's Reign, in Two Causes there depending; one, between the said William Williams deceased, Complainant, and Katherine Williams Widow, Executrix of Henry Williams deceased, and Elizabeth Williams an Infant, Daughter and Heir of the said Henry Williams, Defendants; and the other, between the said Katherine Williams and Elizabeth Williams, by the said Katherine her Guardian, Complainant, and the said William Williams, Godfrey Harcourt, Robert Romsey, and others, Defendants; and praying, "That the said Decree and Order may be set aside and reversed; or that the Petitioner may be admitted to have a new Trial, on the former or any other Issue, in any other County except the County of Hereford; and that Proceedings be stayed on the Decree in Chancery:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Katherine Williams and Elizabeth Williams may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing, on Wednesday the Thirteenth Day of March next, at Eleven of the Clock in the Forenoon; and that, in the mean Time, all Proceedings on the last Order in Chancery be stayed.

Ale and Beer Measures, for ascertaining, Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for ascertaining the Measures for retailing Ale and Beer."

After some Time, the House was resumed.

And the Lord Herbert reported, "That the Committee had gone through the said Bill; and think it sit to pass, without any Amendment."

Hodie 3^a vice lecta est Billa, intituled, "An Act for ascertaining the Measures for retailing Ale and Beer."

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.

Dutchess of Norfolk's Witnesses.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That George Lord Howard, James Lord Howard, Francis Negus Esquire, Mathew Scot, Thomas Hawksworth, Richard May, William Taylor, Thomas Evans, William Piercy, Christopher Raines, Robert Hill, Hugh Maniry, John Curry, Edward Cotter, Dorothy Pitts alias Cary, Mary Erwin, Fr. Olivant, and Bull, do and they are hereby required to attend this House, on Monday next, at Ten of the Clock in the Forenoon, as Witnesses, to be examined on the Behalf of the Dutchess of Norfolke.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, (videlicet,) primum diem Martii jam prox. futur. hora undecima Auroræ, Dominis sic decernentibus.

Die Jovis, 18° Aprilis, 1700, Hitherto examined by us,

Halifax.
Thanet.
Rochester.
J. Norwich.
E. Asaph.
Bergevenny.
Audley.