House of Lords Journal Volume 18: 28 February 1706

DIE Jovis, 28 Februarii

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Charities on Briefs, Bill.

The Earl of Kingston reported from the Lords Committees, the Bill, intituled, "An Act for the better collecting Charity-money on Briefs by Letters Patents, and preventing Abuses in relation to such Charities," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better collecting Charity-money on Briefs by Letters Patents, and preventing Abuses in relation to such Charities."

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

It was Resolved in the Affirmative.

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

Lancashire Petition, versus Papists.

Upon reading the Petition of the Gentry and Clergy of the South Parts of Lancashire, at their Monthly Meeting, February 12th 1705, in the Borough of Wigan, for suppressing Prosaneness and Immorality, pursuant to Her Majesty's Gracious Proclamation, and by and with the Bishop of Chester our Diocesan's Allowance, offered jointly and unanimously to the Right Honourable the Lords Spiritual and Temporal in Parliament assembled:

Bill against the Growth of Popery, Judges to prepare.

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges do prepare, and bring in, a Bill, To-morrow, at Twelve a Clock, for preventing the further Growth of Popery.

Address, relating to Papists.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend Her Majesty, from this House, humbly to desire Her Majesty to give Order to be laid before this House, what hath been done in Pursuance of the humble Address of this House of the Second of March One Thousand Seven Hundred and Four, whereby Her Majesty was humbly desired (amongst other Things) To give Orders to the Justices of the Peace throughout England, to take an exact Account of the Numbers of the Papists, and reputed Papists, in their respective Counties, and also of their Qualities and Estates, and Places of their Abode."

Messages from H. C. to return Lamerie & al. Nat. Bill; Crome's Bill; and the Archbishop of Dublin's Bill.

A Message was brought from the House of Commons, by Sir Francis Masham and others:

To return the Bill, intituled, "An Act for naturalizing of Vincent De Laymerie and others;" and to acquaint this House, that they have agreed to the same, with some Amendments; whereunto they desire their Lordships Concurrence.

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

To return the Bill, intituled, "An Act for vesting the Estate of Valentine Crome, of Maiden-Early, in the County of Berks, Gentleman, in Trustees, to be fold, for Payment of his Father's Debts, and making a Provision for himself and Brother;" and to acquaint this House, that they have agreed to the same, without any Amendment.

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

To return the Bill, intituled, "An Act for making effectual a Grant of Their late Majesties King William and Queen Mary, of the Town and Lands of Sea-Town, to the Archbishopric of Dublin, and for restoring the same to the said See;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

L. Conway's Bill:

Then the Amendments made by the Commons to the Bill, intituled, "An Act for making the Exemplification of the Will of Edward late Earl of Conway, under the several Seals of the Four Courts of the Kingdom of Ireland, and the Depositions relating to the same, Evidence on Trials at Law," were read a Second Time, and agreed to, with an Amendment to Clause (A).

Which was read Twice, and agreed to.

Then all the Commons Amendments, with the Amendment made by their Lordships, were read a Third Time.

And Lords Committees were appointed, to draw Reasons, to be offered at a Conference with the Commons, for their Lordships Amendment made to the Commons Amendment in Clause (A); (videlicet),

Their Lordships, or any Three of them; to withdraw presently.

After some Time;

The Earl of Rochester reported from the Committee, the Reasons for the Lords Amendment made to the Commons Amendment in Clause (A) to the said Bill:

Which was read, as follows; (videlicet,)

"Because that Part of the Amendment made by the Commons seems to disappoint the general Scope of the Bill; and the Amendment now offered by the Lords, to the Amendment made by the Commons, is more suitable to the Design of the Bill, and takes in the Interest of all Persons concerned therein."

To which the House agreed.

Message to H. C. for a Conference, about an Amendment to it.

Then, a Message was sent to the House of Commons, by Sir Richard Holford and Mr. Rogers:

To desire a present Conference, in the Painted Chamber, upon the Subject-matter of the Amendment made by their Lordships to the Commons Amendment made to the said Bill.

Boone's Pet. complaining of Laws in Carolina.

Upon reading the Petition of Joseph Boone Merchant, on Behalf of himself and many other Inhabitants of the Province of Carolina; and also of several Merchants of London, trading to Carolina and the neighbouring Colonies of Her Majesty in America; complaining of several Proceedings there, in the Petition set forth; and praying, "That the deplorable State of the said Colony may be taken into Consideration, and such Relief provided as is proper:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be taken into Consideration on Saturday next, at Twelve a Clock; and all the Lords summoned to attend.

After hearing Mr. Boone, in relation to this Matter;

The Orders following were made; (videlicet,)

Charter of Carolina to be brought:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Officer of the Rolls, where the Record of the Charter, of King Charles the Second, of Carolina is enrolled, do attend this House on Saturday next, at Twelve a Clock, with the Record wherein the said Charter is enrolled."

Archdale to attend, with the Act of Carolina, for Religious Worship.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. John Archdale do attend this House on Saturday next, at Twelve a Clock, with an authentic Copy of the Act made in Carolina, intituled, "An Act for the Establishment of Religious Worship in this Province, according to the Church of England, and for the erecting of Churches for the Public Worship of GOD; and also for the Maintenance of Ministers, and the building convenient Houses for them."

Messages from H. C. to return Sadleir's Bill; and the D. of Ormond's Bill.

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

To return the Bill, intituled, "An Act for Sale of the Manor of Temple Dionisley, alias Dinsley, and other Lands in the County of Hertford, for the Payment of the Debts of Sir Edwin Sadleir Baronet, and other Purposes;" and to acquaint this House, that they have agreed to the same, without any Amendment.

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

To return the Bill, intituled, "An Act for enabling James Duke of Ormonde and Charles Earl of Arran to settle Fee-farm Rents, in the County of Tipperary, in the Kingdom of Ireland, pursuant to an Agreement upon the Marriage of the said Earl of Arran; and for making good several Grants made by the said Earl in Fee-farm;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

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

Answer from H. C.

The Messengers sent to the House of Commons, return Answer:

That the Commons will give a Conference, as desired.

L. Conway's Bill, Report of the Conference about an Amendment to it.

Then the Commons being come to the Conference, the Managers Names were read; and the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed;

And the Earl of Rochester reported, "That the Lords had attended the Conference, and delivered the Bill and the Reasons to the Commons."

E. of Kildare versus Sir Arthur Shaen.

After hearing Counsel, upon the Petition of John Earl of Kildare; shewing, "That, the Eight and Twentieth of April One Thousand Seven Hundred and One, this House reversed a Decree obtained in the Chancery of Ireland by Sir Arthur Shaen, against William Hancock and Leonard Hatfield (the Petitioner's Tenants); and that Sir Arthur Shaen afterwards obtained an Order of this House, for the said Tenants to bring in their Rents into the Chancery Court of Ireland; and that the said Sir Arthur Shaen hath not yet brought on the Cause to be heard;" and therefore praying, "in regard the not hearing the Cause is not by Default of the said Earl, (fn. 1) and that the Discharge of that Part of the Order that directs the Petitioner's Tenants to bring their Rents of the Lands in Question into the said Court of Chancery may be discharged, and paid the Petitioner, to whom they belong:" As also upon the Answer of Sir Arthur Shaen Baronet, put in thereunto; and due consideration of what was offered by Counsel on both Sides thereupon:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That if Sir Arthur Shaen do not procure his Cause to be heard in the Chancery in Ireland, on or before the End of Trinity Term next, that then that Part of the said Order complained of in the Petition of the Earl of Kildare, for bringing the Rents into the said Court, shall be, and is hereby, set aside and discharged.

Birkbeck versus Spermah:

After hearing Counsel, upon the Petition and Appeal of Catherick Birkbeck, and Edward Birkbeck, an Infant, by the said Catherick Birkbeck his Father and Guardian, against a Decretal Order of the Court of Chancery, bearing Date the Eighteenth Day of December in the Third Year of Her present Majesty's Reign, made in a Cause there depending, between Gilbert Sperman and Margaret his Wife Complainants, and William Wilkinson and the Appellants Defendants; and praying the Reversal of the said Decretal Order: As also upon the Answer of Gilbert Sperman and his Wife 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 Catherick Birkbeck and Edward Birkbeck shall be, and is hereby, dismissed this House; and that the Decretal Order therein complained of shall be, and is hereby, affirmed.

Wilkinson versus Sperman:

After hearing Counsel, upon the Petition and Appeal of William Wilkinson, against a Decretal Order of the Court of Chancery, the Eighteenth Day of December in the Third Year of the Reign of Her present Majesty, in a Cause there depending, between Gilbert Sperman and Margaret his Wife Complainants, and the Appellant and Catherick Birkbeck, and Edward Birkbeck, an Infant, by the said Catherick his Father and Guardian, Defendants; and praying the Reversal of the said Decretal Order: As also upon the Answer of Gilbert Sperman and Margaret his Wife 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 William Wilkinson shall be, and is hereby, dismissed this House; and that the Decretal Order therein complained of shall be, and is hereby, affirmed.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, (videlicet,) primum diem Martii jam. prox. futur, hora undecima Auroræ, Dominis sic decernentibus.