House of Lords Journal Volume 17: 26 February 1702

DIE Jovis, 26 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Warner's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Warner Lee, alias Warner Warner, to make a Jointure upon his Marriage."

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 John Hoskins:

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

Johnson's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting several Lands, in the Counties of Surrey and Sussex, the Estate of Mary Johnson, Wife of William Johnson Gentleman, in Trustees, to be sold, for discharging several Mortgages and other Debts charged upon the Estate of the said William Johnson, and settling his Estate upon his said Wife and her Children by him, clear of Incumbrances."

Marston's Charity Bill.

The Lord Sommers reported from the Lords Committees, the Bill, intituled, "An Act for confirming and settling divers Charities given by the last Will of Job Marston Esquire, deceased," as fit to pass, with several Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Freeholders to keep Arms, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the more effectual Security of His Majesty's Government, and the Liberties and Properties of His Subjects, by allowing Freeholders and others to keep Musquets, and exercise themselves in Shooting."

ORDERED, That the said Bill be read the Second Time on Monday next.

Quakers Affirmation to be taken, Bill to continue the Act for:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing an Act, intituled, An Act, that the solemn Affirmation and Declaration of the People called Quakers shall be accepted, instead of an Oath in the usual Form."

A Rider was offered, to be added to the Bill, for the "Quakers taking the Affirmation in the Plantations."

The Question was put, "Whether this Rider shall be rejected?"

It was Resolved in the Affirmative.

Then the Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

"W. Wigorn.
Sy. Eliensis.
H. Hereforden.
Ja. Lincoln.
Jo. Bangor.
N. Cestriens.
Ric. Petriburg."

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

Window's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for settling the Estate late of John and Robert Windowe Gentlemen, deceased, upon Trustees, to be sold; and the Purchase-money applied to the Uses therein mentioned."

Stokes versus Clarke.

Upon reading the Petition and Appeal of Abjohn Stokes, the Uncle, Heir, and Administrator of Christopher Stokes Gentleman, deceased, who was Son and Heir, and Administrator, with the Will annexed, of Christopher Stokes Esquire, his late Father, deceased, which said Christopher Stokes the Father was Husband and Administrator of Mary Ailoffe his late Wife, deceased, and also Administrator, with the Will annexed, of the said Christopher the Father, of his Goods unadministered by the said Christopher Stokes the Son, from a Decree made in the Court of Chancery, the Third of February Undecimo Gulielmi Tertii Regis, on the Behalf of Richard Clarke and Susanna his Wife, late Susanna Rambutt Widow, and Phillip Jenkins the Son, Heir and Executor of Rebecca Jenkins, deceased, and Administrator, with the Will annexed, of Jane Brooks, deceased, and praying, "That so much of the said Decree as relates to the Sale of the Parsonage of Whitchurch, as also the said Household Goods (other than the Plate) may be reversed; and that the said Richard Clarke and Susannah his Wife, and Philip Jenkins, may answer to the Appeal; and that the Service of this Order on the Respondents Clerk in Chancery in this Cause may be good Service in order thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Clarke, Susannah his Wife, and Phillip Jenkins, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answers thereunto, in Writing, on Thursday the Twelfth Day of March next, at Eleven a Clock in the Forenoon; and that the Service of this Order upon the Respondents Clerk in Chancery shall be a good Service.

Sir J. Jeffreys versus Attorney General.

Upon reading the Petition and Appeal of Sir Jeffrey Jeffreys Knight, from a Decree formerly made in the Court of Exchequer, and re-heard the Thirteenth Day of this Instant February, on the Behalf of His Majesty's Attorney General and the Commissioners of the Customs; and praying, "That His Majesty's Attorney General, Charles Godolphin Esquire, Sir Walter Young, Samuel Clark, Benjamin Overton, and Robert Henley, Esquires, do answer thereunto; and to reverse or alter the said Decree:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Attorney General, and other Persons above named, may have a Copy of the said Appeal; and put in their Answer thereunto, in Writing, on Thursday the Nineteenth Day of March next, at Eleven of the Clock in the Forenoon.

Protest against the Bill for settling the Succession to the Crown, to be considered.

The House being this Day moved, "That a Day may be appointed for taking into Consideration the Protestation entered the 24th Instant:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Protestation shall be considered on Tuesday next, at Twelve a Clock; and all the Lords summoned to attend; and Notice to be given them of the Occasion.

Bp. of Gloucester's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Bishop of Gloucester and his Successors to make distinct and separate Leases of the Manors, Lands, and Premises, therein mentioned."

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 Friday the Thirteenth Day of March 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.

Etterick's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Lands, in the Counties of Bedford, Hertford and Midd'x, in Trustees, to be sold; and for purchasing other Lands, of a greater Value, to the same Uses."

ORDERED, That the Consideration of the said Bill be committed to the Lords Committees above-named.

Adjourn.

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