House of Lords Journal Volume 17: 28 February 1704

DIE Lunæ, 28 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Conway and Mostyn's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of John Digby Esquire, deceased, in the County of Buckingham; and dividing the Money between Sir John Conway Baronet, and Richard Mostyn Esquire; and for settling the Estate of Sir John Conway, in the County of Flint, and making Provision for his Son and Daughter, according to an Agreement for that Purpose."

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

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

Sir C. Philipson's Bill.

The Earl of Winchilsea reported from the Lords Committees, the Bill, intituled, "An Act to vest Part of the Estate of Sir Christopher Philipson Knight in Trustees, to be sold, for Payment of Debts; and for charging Part thereof with Maintenance for a Daughter, who is a Lunatic," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act to vest Part of the Estate of Sir Christopher Philipson Knight in Trustees, to be sold, for Payment of Debts; and for charging Part thereof with Maintenance for a Daughter, who is a Lunatic."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Ashby versus White et al. in Error:

Upon reading the Petition of Mathew Ashby, Plaintiff in a Writ of Error lately depending in this House, to which William White and others were Defendants; shewing, "That he having prosecuted the said Writ of Error in this House, upon which this House hath reversed the Judgement, and awarded Judgement for the Plaintiff, upon which the Petitioner might have Judgement in the Queen's Bench; but, by Reason of some Mistake in the Petitioner's Attorney, the Entry of the Judgement in the Journal will not warrant such Execution;" and humbly praying, "that the Entry in the Journal may be amended, by leaving out these Words, (videlicet,) ["Et quod idem Matheus Ashby ad omnia quæ Occasione Judicii præd. amisit restituatur"]; and by inserting; instead thereof, this Clause; (videlicet,) Et ulterius considerat. est per dict. Cur. Parliamenti nunc hic, quod præd. Matheus Ashby recuperet, versus eosdem Will'm White, Ric'um Talboys, Will'm Bell, & Ric'um Heydon, Dampna sua præd. per Jur. præd. in Forma præd. assess. necnon Decem Libras pro Misis et Custagiis suis per eandem Cur. Parliamenti nunc hic eidem Matheo Ashby, ad Requisitionem suam, de Increment. adjudicat. quæ quidem Dampna in toto se attingunt ad Septemdecem Libras; et præd. Will'us White, Ric'us Talboys, Will'us Bell, et Ric'us Heydon, in Misericordia, &c."

Judgement altered.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement of this House, given in this Cause, shall be altered, as desired in the said Petition.

Sir Thomas Style's Bill.

The Earl of Winchilsea reported from the Lords Committees, the Bill, intituled, "An Act to establish and confirm a Partition and Agreement, of and touching the Estate of Sir Thomas Style, late of Wateringbury, in the County of Kent, Baronet," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act to establish and confirm a Partition and Agreement, of and touching the Estate of Sir Thomas Style, late of Wateringbury, in the County of Kent, Baronet."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Admiralty Papers, Report concerning.

The Earl of Rochester reported from the Lords Committees, appointed to consider of the Papers from the Admiralty, as followeth:

"The Lords Committees, appointed to take into Consideration several Papers, delivered into this House by Mr. Burchet, from the Admiralty-office, the Eighth Day of this Instant February, relating to the present Condition of the Navy, upon which they were directed to report their Opinion to the House; considering how far the Season is advanced, thought it proper to inquire into the Preparations making for the present Year; and, in the First Place, to desire his Royal Highness Prince George of Denmarke, Lord High Admiral of England, to cause to be laid before their Lordships an Account, in Writing, what Number of Ships, fit for Home Service, may be got ready and manned within Twenty Days; to which their Lordships received in Answer a Paper, intituled,

"A List of such Ships of Her Majesty's as are now at Home in Sea Pay, with an Account which of them are designed on Foreign Service, and what Number of Men they want, to make up their allowed Complements, according to the late Musters:

"Whereby it appears, that 62 Ships from the Second to the Sixth Rate are now designed for Home Service, which want the Number of 3149 Men, to make up their allowed Complements; and that 31 Ships from the Second to the Sixth Rate, designed on Foreign Service, want the Number of 2332 Men, to make up their allowed Complements; to which is added, in the Close of the said Paper, that, by the foregoing List, it will appear, that several of the Ships are in Want of considerable Numbers of Men to make up their Complements; their Captains have Press Warrants, with strict Orders to endeavour to get what Men they can; but it is very uncertain by what Time they will be able to get such a Number as will put them into a Condition to proceed to Sea; and, for that Reason, it is impossible to inform the Lords Committees, how many of them can be got ready and manned for Home Service in Twenty Days.

"By which, since their Lordships find that they cannot come to be informed how many Ships may be got ready and manned for Home Service within Twenty Days, whilst so great a Number of Men is wanting to make up the allowed Complements of the Whole; yet they cannot but hope a sufficient Number of Ships, for any present Exigent, may be got ready and manned: Therefore they are humbly of Opinion, that an Application be made to the Queen, That Her Majesty will please to give speedy and effectual Orders, that such a Number of Ships, proper for the Home Service, may be forthwith got ready and manned, as may be competent to provide for the Security of the Nation, and protect the Trade of it; without which, their Lordships, with all Submission, conceive these Two Matters of so great Importance to the Safety of Her Majesty and the Peace of the Kingdom, as well as the Naval Stores, and such Ships of War as cannot be immediately fitted out to Sea, lie daily exposed to any Insults from our Enemies."

To which Report the House agreed; and ORDERED, That an humble Address be made to Her Majesty, pursuant to the said Report; and that the same Lords Committees as made the said Report do meet To-morrow, at Ten a Clock in the Forenoon, and draw up the said Address; and report to the House.

Ford, Warden of The Fleet, versus Leighton.

A Petition of William Wcedon Ford, Warden of The Fleet, being read; praying a Bill of Exceptions may be allowed, which was now laid before this House, and signed and sealed by the Lord Chief Justice of the Queen's Bench and Mr. Justice Gould; praying, "That it may be allowed, and made Part of the Record now depending in this House, to which he is Defendant, and Colonel Baldwin Leighton (by Her Majesty's Attorney General) Plaintiff:"

After Debate thereupon, it was agreed, that the Petitioner might withdraw his Petition and Bill of Exceptions, the Writ of Error being only upon the Discontinuance.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Weedon Ford do join Issue upon the said Record Tomorrow, at Ten a Clock in the Forenoon.

Inhabitants of Staincliffe versus Willan, in Error.

Upon reading the Petition of Thomas Willan, Defendant in a Writ of Error depending in this House, wherein the Inhabitants of the Hundred of Staincliffe are Plaintiffs; shewing, "That the arguing the Errors thereupon is (by moving of Causes) appointed to be heard on Monday next; on which Day his Counsel are to go the Circuit, and will be out of Town; and therefore praying, that some speedy Day may be appointed for hearing thereof:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued thereupon on Saturday next, at Ten a Clock, the First Business.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for making good the Provision intended for Captain James Roche, out of the forfeited Estates in Ireland; and for restoring to the Bishopric of Cloyne, in the said Kingdom, the Manor and Lands of Donomore;" to which they desire the Concurrence of this House.

Roche's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making good the Provision intended for Captain James Roche, out of the forfeited Estates in Ireland; and for restoring to the Bishopric of Cloyne, in the said Kingdom, the Manor and Lands of Donomore."

Messages from H. C. with a Bill; and to return Lamplugh's.

A Message was brought from the House of Commons, by Mr. Crosse and others:

To return the Bill, intituled, "An Act for vesting the Estate of Doctor Thomas Lamplugh, deceased, pursuant to his Marriage Articles and Settlement prepared for that Purpose, and for Provision for his Younger Children;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Which Amendments were read Thrice, and agreed to; and ORDERED, That the Commons have Notice thereof.

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

Who brought up a Bill, intituled, "An Act for setting aside voluntary Settlements made by John Hawe Gentleman, of Estates in the Counties of Stafford and Warwick, and settling some Part of the said Estate upon the said John Hawe and his Son; and for making Provision for the Maintenance of his Son and Daughter, and raising a Portion for such Daughter; and selling the Residue, for Payment of his Debts;" to which they desire the Concurrence of this House.

Hawe's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for setting aside voluntary Settlements made by John Hawe Gentleman, of Estates in the Counties of Stafford and Warwick, and settling some Part of the said Estate upon the said John Hawe and his Son; and for making Provision for the Maintenance of his Son and Daughter, and raising a Portion for such Daughter; and selling the Residue, for Payment of his Debts."

Message from H. C. to return Frampton's Bill.

A Message was brought from the House of Commons, by Mr. Bingham and others:

To return the Bill, intituled, "An Act for the better vesting in Giles Frampton Esquire the Manor and Farm of Moorton, alias Moreton, and Hurst, in the County of Dorset, in Possession; and for the better securing the same, and the other Manors, Farms, Messuages, Lands, Tenements, and Hereditaments, late of William Frampton Esquire, deceased, to him the said Giles Frampton, and such as are entitled in Remainder after him, upon the Death of Tregonwel Frampton Esquire;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Scot versus Hilton.

Whereas this Day was appointed, for hearing of the Cause wherein Edward Scot is Appellant, and Richard Hilton Respondent:

Causes removed.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, To-morrow, at Ten a Clock in the Forenoon, the First Business; and that the other Causes be removed, to come on in Course.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum nonum diem instantis Februarii, hora decima Auroræ, Dominis sic decernentibus.