House of Lords Journal Volume 17: 20 February 1705

DIE Martis, 20 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Burlington's Bill.

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for Sale of several Estates in England and Ireland, for Payment of the Debts of Charles late Earl of Burlington and Cork," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of several Estates in England and Ireland, for Payment of the Debts of Charles late Earl of Burlington and Cork."

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.

Message from H. C. to return Waller's Bill, and the following ones:

A Message was brought from the House of Commons, by the Lord Cheney and others:

To return the Bill, intituled, "An Act to enable Edmund Waller Esquire to charge his Estate (not settled upon his Wife in Jointure) with a Sum of Money, for Payment of his Debts;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.

E. of Kildare's Bill:

A Message was brought from the House of Commons, by the Lord Coningsby and others:

To return the Bill, intituled, "An Act for confirming an Agreement made by certain Articles, by and between John Earl of Kildare, Richard Lord Bellew, both of the Kingdom of Ireland, and Frances his Lady, Charlotte Countess of Newburgh, of the Kingdom of Scotland, and William Rowley Esquire; and for selling Part of the Estate of the said Earl of Kildare, for the Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Green's Bill;

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

To return the Bill, intituled, "An Act to enable John Green, of Gavellacre, in the County of Southampton, Clerk, to sell some Estates, in Hackleston, in the County of Wilts; and for the settling other Estates, in Gavellacre, in the County of Southampton, of a better Value, to the same Uses;" and to acquaint this House, that they have agreed to the same, with One Amendment, to which they desire their Lordships Concurrence.

Then the Amendment, being read Thrice, was agreed to; and ORDERED, That the Commons have Notice thereof.

Hatcher's Bill.

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

To return the Bill, intituled, "An Act for raising Money, for the 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;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Cadogan & al. Nat. Bill.

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

To return the Bill, intituled, "An Act to naturalize Magarita Cecilia Cadogan, Wife of Brigadier General Cadogan, Gilbert Affleck, and John Herman Louis;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Trafford's Bill.

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for the better Explanation of the Settlement of the Estate of William Trafford Gentleman and Clare his Wife, and William their Eldest Son, and for making more effectual a Provision for Younger Children, according to Agreements between them," as fit to pass, without any Amendment.

Pince's Bill.

His Lordship also reported from the Lords Committees the Bill, intituled, "An Act for Sale of several Lands and Chattel-estates, in the County of Devon, and City and County of Exon, of Joseph Pince, for Payment of his Debts and Legacies charged upon his Estate, and for a Provision for himself, his Wife, and Family," as fit to pass, without any Amendment.

Sir H. Johnson versus Blake & al.

After the further Hearing of Counsel, upon the Petition and Appeal of Sir Henry Johnson Knight and the Right Honourable Martha Baroness of Wentworth his Wife, against several Decrees and Orders made in the Court of Chancery, in the said Appeal mentioned, in a Cause wherein Daniel Blake and others, Creditors of John late Lord Lovelace, were Plaintiffs, and the said Appellants, and Henry Fane Gentleman and Henry Nevill Gentleman, Insants, per Guardian. and others, were Defendants; as also upon the Answer of Daniel Blake and John England, on Behalf of themselves and other the Creditors of John late Lord Lovelace, deceased, and of Richard Nevill Esquire, John Radford Esquire, Henry Nevill and Henry Fane, Gentlemen, on Behalf of themselves and others, the Executors and Legatees of the last Will and Testament of the said late Lord Lovelace, put in to the said Petition and Appeal; and due Consideration of what was offered thereupon:

Judgement affirmed, with Costs.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal shall be, and is hereby, dismissed this House; and that all the Decrees and Orders of the Court of Chancery therein complained of shall be, and they are hereby, affirmed: And it is further ORDERED, That the said Sir Henry Johnson shall pay, or cause to be paid, unto the said Daniel Blake, John England, and other Creditors and Legatees of the said John late Lord Lovelace, Respondents to the said Appeal, the Sum of Fifty Pounds, for their Costs in defending the said Suit in this House.

Ayres versus Viner.

The House being moved, "That a Day may be appointed, for hearing of the Cause wherein Frances Ayres is Appellant, and William Viner and Charles Viner are Respondents:"

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, on Monday the Six and Twentieth Day of this Instant February, at Eleven a Clock in the Forenoon.

Messages from H. C. with Bills.

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

Who brought up a Bill, intituled, "An Act for continuing Duties upon Low Wines, and upon Coffee, Tea, Chocolate, Spices, and Pictures, and upon Hawkers, Pedlars, and Petty Chapmen, and upon Muslins; and for granting new Duties upon several of the said Commodities, and also upon Callicoes, China Ware, and Drugs;" to which they desire the Concurrence of this House.

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

Who brought up a Bill, intituled, "An Act to prevent all traiterous Correspondence with Her Majesty's Enemies;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by Sir Dudley Cullum and others:

Who brought up a Bill, intituled, "An Act for Relief of Fulke Emes Gentleman and others, who had elapsed their Times, either for paying their Money, or naming their Nominees for purchasing Annuities; and also for Relief of Sir John Mead Knight and Baronet, who had elapsed his Time for paying Part of his Purchase-money for a forfeited Estate in Ireland; and also for Relief of Dorothy Ireland and others, in respect of several Tickets for Payment of Annuities, and of several Million Lottery and Malt Lottery Tickets, and Exchequer Bills, and Debentures to the Army, which have been burnt or lost;" to which they desire the Concurrence of this House.

Adjourn.

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