House of Lords Journal Volume 17: 26 February 1705

DIE Lunæ, 26 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Naval Stores from America, Bill.

Hodie 2^a & 3^a vice lecta est Billa, intituled, "An Act for encouraging the Importation of Naval Stores from Her Majesty's Plantations in America."

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.

Irish Linen Bill.

The House was adjourned during Pleasure, and put into a Committee upon the 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."

After some Time, the House was resumed.

And the Earl of Rochester reported, "That the Committee had gone through the said Bill; and think it fit to pass, without any Amendment."

Hodie 3^a vice lecta est Billa, intituled, "An Act to permit the Exportation of Irish Linen Cloth to the Plantations, and to prohibit the Importation of Scotch Linen into Ireland."

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.

Horn & al. Ailesbury Men, Counsel and Altorney's to have the Protection of this House.

Upon reading the Petition of Daniel Horne, Henry Bass, and John Paton Junior, as also the Petition of John Paty and John Oviatt, Prisoners in Newgate, in relation to some Proceedings for obtaining Writs of Error; and praying (amongst other Things) the Protection of this House, for their Counsel and Agents:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be taken into Consideration To-morrow, at Twelve a Clock; and all the Lords summoned to attend; as also the Judges in Town, who are to come prepared to speak to the Point, "Whether a Writ of Error be a Writ of Right, or of Grace?" And that the Petitioners have Notice, "That, when they send to this House the Names of their Counsel and Agents they desire to be protected, they shall have the Protection of this House for them."

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

A Message was brought from the House of Commons, by Sir Roger Mostyn and others:

To return the Bill, intituled, "An Act to enable Trustees to sell such Part of the Estate of Richard Lister Esquire, and Frances Pate Lister his Wife, sole Daughter and Heir of Sir Thomas Smith Baronet, deceased, in the County of Chester and City of Chester, as remains unsold, in order to raise Money, for the Payment of the Debts of the said Sir Thomas Smith, and for Portions for Younger Children of the said Frances Pate Lister; and for applying the Overplus in the Purchase of other Lands, to be settled to the same Uses as they are now settled; and likewise for confirming such Leases and Sales as have been made towards Discharge of the said Debts;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

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

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for prohibiting all Trade and Commerce with France;" to which they desire the Concurrence of this House.

Commerce with France, to prohibit, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for prohibiting all Trade and Commerce with France."

Sheriffs Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Ease of Sheriffs, in the Execution of their Offices, and passing their Accompts."

After some Time, the House was resumed.

And the Lord Herbert reported, "That the Committee had gone through the said Bill; and think it fit to pass, with some Amendments."

Which were read Twice, and agreed to.

Promissory Notes, and Inland Bills of Exchange, Bill.

Then the House proceeded to take into Consideration the Amendments made by the House of Commons, to the Lords Amendments made to the Bill, intituled, "An Act for giving like Remedy upon Promissory Notes as is now used upon Bills of Exchange, and for the better Payment of Inland Bills of Exchange."

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

Traiterous Correspondence to prevent, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to prevent all traiterous Correspondence with Her Majesty's Enemies."

ORDERED, That the said Bill be committed to a Committee of the whole House; on Wednesday next, at Twelve a Clock.

Horne & al. Ailesbury Men, Counsel and Attorneys protected.

In Pursuance of the Order this Day made, Daniel Horne, Henry Bass, John Paton Junior, John Paty, and John Oviatt, Prisoners in Newgate, sent the Names of their Counsel and Agents; (videlicet,)

Whereupon it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That James Montague Esquire, Nicholas Letchmere, Alexander Denton, and Francis Page, Counsellors at Law, and William Lee and John Harris Attornies at Law, shall and they have hereby the Protection and Privilege of this House, in the advising, applying for, and prosecuting, the said Writs of Error; and that all Keepers of Prisons and Gaolers, and all Serjeants at Arms, and other Persons whatsoever, be, and they are hereby, (for or in respect of any the Causes aforesaid) strictly prohibited from arresting, imprisoning, or otherwise detaining, or molesting, or charging, the said James Montague, Nicholas Letchmere, Alexander Denton, Francis Page, William Lee, and John Harris, or any or either of them, as they and every of them will answer the contrary to this House.

Kenyon's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to empower the Lord High Treasurer, or Commissioners of the Treasury, to compound with Thomas Kenyon, Executor of Luke Lloyd Esquire, as he was One of the Sureties of Morgan Whitley Esquire, late Receiver General for the Counties of Chester and North Wales."

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.

Emes & al. Bill.

The Lord Bishop of Salisbury reported from the Lords Committees, the 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," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, 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 Payments 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."

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 Viner:

After hearing Counsel, upon the Petition and Appeal of Francisca Ayres Widow, for Confirmation of a Decree made in the Court of Chancery, by the Master of the Rolls, the Sixteenth Day of February in the Fourteenth Year of His late Majesty King William the Third, on the Behalf of Anne Lloyd, against William and Charles Viner, which was afterwards signed and enrolled; and the Cause being re-heard, the Twentieth Day of April in the Second Year of Her present Majesty, by the Lord Keeper of the Great Seal of England, who reversed the said Decree of the Master of the Rolls, and decreed the Matter of the said Anne Lloyd's Bill to stand dismissed; and praying, "That the said Reversal and Dismission may be reversed, and the former Decree in the Cause may be affirmed (the Petitioner being Executrix of Anne Lloyd and in her Place):" As also upon the Answer of William Viner put in thereunto; and due Consideration of what was offered thereupon:

Judgement affirmed.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Francisca Ayres shall be, and is hereby, dismissed this House; and that the Decree and Dismission therein complained of shall be, and is hereby, affirmed.

Adjourn.

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