House of Lords Journal Volume 18: 19 February 1706

DIE Martis, 19 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

PRAYERS.

E. of Kingston's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Inheritance of a Messuage and Gardens, in Acton, in the County of Middl'x, purchased by the Right Honourable Evelyn Earl of Kingston upon Hull, in Trustees, for the said Earl and his Heirs."

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.

Vaughan's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Estate of Arthur Vaughan, of Tretherwen, in the County of Montgomcry, an Infant, in Trustees, to be sold, for Payment of such Debts and Incumbrances to which the same, or the said Infant in respect thereof, is liable."

Ordered, That the Consideration of the said Bill be referred to the same Committee to whom the Earl of Kingston's Bill stands committed.

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

Hugeffen's Bill.

The Lord Howard of Effingham reported from the Lords Committees, the Bill, intituled, "An Act to enable Trustees to make Provision for the Debts of William Hugessen Esquire; and for raising Portions for his Younger Sons; and for making good the intended Settlement upon the Marriage of William Hugessen the Younger, Gentleman," as fit to pass, without any Amendment.

Barry's Bill.

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for settling and securing Part of the Estate of Robert Barry Clerk and Anne his Wife, for the Benefit of the said Anne and her Children, and Sale of other Part of the Estate of the said Robert Barry, for Payment of his Debts," as fit to pass, without any Amendment.

Rice's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Relief of Colonel John Rice."

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

It was Resolved in the Affirmative.

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

Sir J. Humble's Bill.

The Earl of Stamford reported from the Lords Com mittees, the Bill, intituled, "An Act to enable Sir John Humble Baronet, and his Trustees, to seale several Messuages, Lands, and Hereditaments, lying in the Counties of Lincoln, Surrey, and Kent, pursuant to the Articles and Agreement made upon his Marriage with Dame Sarab, his now Wife," as fit to pass, without any Amendment.

Archbp. of Dublin's Bill.

Whereas this Day was appointed, for the House to be put into a Committee upon the Bill, intituled, "An Act for restoring to the Archbishop of Dublin the Town and Lands of Sea-Town; and re-paying to William Lord Archbishop of Dublin the Money he paid for the same, upon Purchase thereof from the Trustees for Sale of the forfeited Estates in Ireland:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee upon the said Bill, on Saturday next, at Twelve a Clock; and all the Lords summoned to attend.

Orders relating to Private Bills, made Standing Orders.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Orders of the Sixteenth Instant, relating to Private Bills, shall be, and they are hereby, declared to be Standing Orders, and entered on the Roll.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for enlarging the Pier and Harbour of Parton, in the County of Cumberland;" to which they desire the Concurrence of this House.

Parton Harbour, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enlarging the Pier and Harbour of Parton, in the County of Cumberland."

Message from H. C. for a Conference on the Bill for Security of the Queen's Person, and Protestant Succession.

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

To desire a Conference, upon the Subject-matter of the last Conference.

To which the House agreed.

Answer.

Then the Commons were called in; and told, "That the Lords agree to a Conference, as desired; and appoint it presently, in the Painted Chamber."

Ordered, That the last Managers do manage this Conference.

The Commons being come to the Conference, the Managers Names were read.

Conference reported.

Then the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Duke of Somerset reported, "That the Lords had attended the Conference; and the Commons acquainted the Lords, That, to shew their Inclination to an Agreement with this House, they do not insist on their Disagreement to the Lords Amendments to Clause (B), Press 1, Line 13 and 14, and to the First Amendment in Line 15; and do also agree to your Lordships Second Amendment, Press 1, Line 15, with some Amendments, whereunto they desire your Lordships Concurrence: And do not insist upon their Amendment to your Lordships Amendment, Press 2, Line 38; and do not insist upon their disagreeing to your Lordships other Amendments."

Then the Amendments made by the House of Commons to their Lordships Second Amendment, in Press 1, Line 15, of Clause (B), were read, as follow; (videlicet,)

"Line 14. After ["Prizes"], insert ["Secretary"]; Line 15, between the Word ["Prizes"] and the Word ["shall"], insert these Words, ["nor any Comptroller of the Accompts of the Army, nor any Commissioner of Transports, nor any Commissioner of the Sick and Wounded, nor any Agent for any Regiment, nor any Commissioner for Wine Licences, nor any Governor or Deputy-governor of any of the Plantations, nor any Commissioner of the Navy employed in any of the Out-ports, nor any Person having any Pension from the Crown during Pleasure."]

"Line 19. After the Word ["holden"], add, ["Provided always, That if any Person, being chosen a Member of the House of Commons, shall, at any Time after the Dissolution or Determination of this present Parliament, accept of any Office of Profit from the Crown, during such Time as he shall continue a Member, his Election shall be, and is hereby, declared to be void; and a new Writ shall issue for a new Election, as if such Person so accepting was naturally dead; provided nevertheless, That such Person shall be capable of being again elected, as if his Place had not become void, as aforesaid: Provided also, and be it Enacted, That, in order to prevent for the future too great a Number of Commissioners to be appointed or constituted for the executing of any Office, that no greater Number of Commissioners shall be made or constituted, for the Execution of any Office, than have been employed in the Execution of such respective Office at some Time before the First Day of this present Session of Parliament: Provided also, That nothing herein contained shall extend, or be construed to extend, to any Member of the House of Commons, being an Officer in Her Majesty's Navy or Army, who shall receive any new or other Commission in the Navy or Army respectively."]

Which said Amendments, being again read a Second and Third Time, were agreed to.

Message to H. C. that the Lords agree to Amendments to it.

Then, a Message was sent to the House of Commons, Sir Robert Legard and Sir Richard Holford:

To acquaint them, that this House hath agreed to the Amendments of the House of Commons, made to the Lords Amendments to Clause (B), which was sent up by the House of Commons as an Amendment to the Bill, intituled, "An Act for the better Security of Her Ma"jesty's Person and Government, and of the Succession to the Crown of England in the Protestant Line."

Message from thence, with a Bill.

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

Who brought up a Bill, intituled, "An Act for taking the Estate in Law, of a Mortgage made by John Sands Esquire, which is descended to the Daughters and Coheirs of John Pargiter deceased, (who are Infants) out of such Infants, they being only Trustees for Henry Raper Merchant;" to which they desire the Concurrence of this House.

Sands's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for taking the Estate in Law of a Mortgage made by John Sands Esquire, which is descended to the Daughters and Coheirs of John Pargiter deceased, (who are Infants) out of such Infants, they being only Trustees for Henry Raper Merchant."

Messages from H. C. with Bills.

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

Who brought up a Bill, intituled, "An Act for Sale of the Estate of Sir Charles Sedley deceased, for Payment of his Debts and Legacies, and laying out the Residue of the Monies in a Purchase, to be settled to the Uses in his Will mentioned; and for allowing a Portion for Frances Sedley, Daughter of Sir John Sedley, and for Provisions for the Younger Children of George Sedley Esquire;" to which they desire the Concurrence of this House.

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

Who brought up a Bill, intituled, "An Act to make the Ship L'Amazon, taken and condemned as Prize, and sold in the Island of Barbadoes, free;" to which they desire the Concurrence of this House.

Rates of Coals, &c. Yarmouth Bill.

Hodie 1^a vice lecta est Billa, "An Act for regulating and ascertaining the Rates to be paid by Unfreemen, Importers of Coals, Culm, and Cinders, into the Port of Great Yarmouth."

Abingdon's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain Terms for Forty Years in Trustees, which were granted by John Abington Esquire, deceased; and to empower them to grant, renew, and fill up Leases, according to the Usage of the Manors therein mentioned; and for raising Portions for the Younger Children of the said John Abington."

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for settling the Impropriate Tithes of the Parish of St. Bridget's, alias Bride's, London;" to which they desire the Concurrence of this House.

Tithes of St. Bride's, London, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for settling the Impropriate Tithes of the Parish of Saint Bridget, alias Bride's, London."

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir George Beaumont and others:

Who brought up a Bill, intituled, "An Act to enable John Farmer Gentleman to sell a Messuage and Lands in Ratcliffe Culey, in the County of Leicester; and for making a further Settlement of other Lands, of a greater Value, to the same Uses;" to which they desire the Concurrence of this House.

Gower's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to vest the Freehold and Copyhold Estate of Thomas Gower Gentleman, deceased, in Trustees, to be sold, for Payment of Debts; and settling the Remainder for the Benefit of his Daughters."

Ordered, That the Consideration of the said Bill be referred to the same Committee to whom the Earl of Kingston's Bill stands committed.

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

Sorocold's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of an Advowson in Sussex, late the Estate of Michael Sorocold Clerk, deceased, for Payment of his Debts, and making Provision for his Widow and Child."

Ordered, That the Consideration of the said Bill be referred to the same Committee to whom the Earl of Kingston's Bill stands committed.

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

Inhabitants Cumberland versus Parton Harbour Bill.

Upon reading the several Petitions of the Justices of the Peace, Gentlemen, Freeholders, and others, Inhabiting within the County of Cumberland; praying to be heard against the Bill, intituled, "An Act for enlarging the Pier and Harbour of Parton, in the County of Cumberland:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by their Counsel, as desired, on Friday next, at Eleven a Clock in the Forenoon.

Birkbeck versus Wilkinson.

After hearing Counsel, upon the Petition and Appeal of Catherick Birkbeck and Edward Birkbeck; another Counsel desired to be heard, for Will'm Wilkinson, mentioned in the said Appeal, who had put in his Answer thereunto, and desired the Reversal of the said Decree.

Which being refused by the Counsel for the Respondent:

The Counsel for the said Wilkinson insisting to be heard, or that they might appeal; and offering to put in his Appeal forthwith; and Consideration thereof:

It was Ordered, and agreed, That the said Wilkinson might appeal To-morrow; and the said Sperman to answer forthwith; and that the Cause on both the Appeals should be heard on Friday next.

Adjourn.

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