House of Lords Journal Volume 17: 14 February 1705

DIE Mercurii, 14 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Delves's Bill.

The Earl of Winchilsea reported from the Lords Committees, the Bill, intituled, "An Act to enable Trustees to raise Money, to pay the Debts of Mark Delves Esquire, deceased," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Trustees to raise Money, to pay the Debts of Mark Delves Esquire, deceased."

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.

Ayres versus Beddingfield.

Upon reading the Petition of Frances Ayres Widow; shewing, "That one Henry Beddingfield was employed by the Petitioner's Mother, as her Solicitor in Chancery, in the Cause now depending before this House; and has in his Custody all the Deeds, Writings, and Evidence relating to the Premises, and refuseth to deliver them to the Petitioner;" and praying, "That the said Henry Beddingfield may suffer her Agent to have Liberty to inspect the Writings Two or Three Days before the Hearing; and that the said Writings may be produced at the hearing the Cause in this House:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Bedingfield may have a Copy of the said Petition; and do shew Cause to this House, within Four Days after Notice of this Order, why the Petition should not be granted.

Trafford's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better Explanation of the Settlement of the Estate of Will'm Trafford Gentlman and Clare his Wife, and William their Eldest Son, and for making more effectual a Provision for Younger Children, according to Agreements between them."

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 Monday the Nineteenth Day of this Instant February, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Nodes's Bill.

The Earl of Stamford reported from the Lords Committees, the Bill, intituled, "An Act for Sale of several Lands and Hereditaments of George Nodes Esquire, in the County of Hertford, for Payment of his Debts, and the Debts of George Nodes Esquire, his Father, deceased, charged thereupon," as fit to pass, without any Amendment.

Burr's Bill.

As also the Bill, intituled, "An Act for vesting an Estate mortgaged in Fee by Thomas Burr to Anthony Tomkins (now in Infants) in Trustees, to reconvey the same to the said Thomas Burr, or as he shall appoint, upon Payment of all the Monies due on the said Mortgage," as fit to pass, without any Amendment.

Hatcher's Bill.

And also the Bill, intituled, "An Act for raising of Money, for Payment of the Debts of Thomas Hatcher Esquire, by Sale or Mortgage of some Part of his Estate, and for the better Execution of several Powers in his Marriage Settlement," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

Buck versus Rawlinson.

Upon reading the Petition of Robert Buck; praying some Directions in the Judgement of this House, the Twelfth Instant, in the Cause of Robert Buck, against Sir Thomas Rawlinson and others:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Words following be added to the said Judgement; (videlicet,) ["And that the Parties may be at Liberty to bring their Appeal, from the Court of Admiralty, to a Court of Delegates."]

Messages from H. C. with a Bill; and to return Clayton's Bill, for disuniting Horn from Blechingley.

A Message from the House of Commons, by Sir Gilbert Dolben and others:

Who brought up a Bill, intituled, "An Act to permit the Exportation of Irish Linen Cloth to the Plantations, and to prohibit the Importation of Scotch Linen into Ireland;" to which they desire the Concurrence of this House.

And to return the Bill, intituled, "An Act for severing and disuniting the Church or Chapel of Horne from the Church of Bletchingly, in the County of Surrey;" to which they have agreed; without any Amendment.

Abuses of Collectors to prevent, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for remedying Abuses of Collectors of several Public Taxes; and for the issuing out Process (in case of Deficiencies upon the Land Tax for the Year One Thousand Seven Hundred and Five) only against such Places where the Deficiencies shall happen; and for relieving the Division of Kesteven, in the County of Lincoln, against the Deficiency charged thereupon for the Year One Thousand Six Hundred Ninetyeight; and for examining the Accompts of the Receivers and Collectors of the County of Devon and City of Exon."

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

Wintour versus Dobyns:

After hearing Counsel, upon the Petition and Appeal of Edward Wintour, from a Decree made in Chancery, the Two and Twentieth Day of June One Thousand Seven Hundred and Two, and other Orders and Proceedings, by the Master of the Rolls and Lord Keeper, on the Behalf of Robert Dobyns Esquire, Stephen Ashby, Joseph Millard, and William Pew; and praying, "That the several Orders and Decrees made by the Lord Keeper and Master of the Rolls may be reversed; and that the Equity of Redemption of the Farm in Question may be conveyed to the Petitioner, by the said Robert Dobyns and Stephen Ashby, upon Payment of what is due to the said Dobyns; the Petitioner's Title being prior to the said Millard and Pew's:" As also upon the Answer of the said Robert Dobyns, the Answer of Joseph Millard and William Pew, and the Answer of Stephen Ashby, put in thereunto; and due Consideration of what was offered thereupon:

Judgment affirmed.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Edward Wintour shall be, and is hereby, dismissed this House; and that the Decrees and Orders therein complained of shall be, and they are hereby, affirmed.

Sir Hen. Johnson versus Blake & al.

Whereas To-morrow was appointed, for hearing of the Cause wherein Sir Henry Johnson and his Wife are Appellants, and the Creditors of the late Lord Lovelace are Respondents:

The House being this Day moved, on the Behalf of the Respondents, "That a further Day may be appointed for hearing thereof;" it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will peremptorily hear the said Cause, on Monday the Nineteenth Day of this Instant February, at Eleven a Clock.

Adjourn.

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