House of Lords Journal Volume 18: 11 February 1707

DIE Martis, 11 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with Bills; and to return the Felons &c. Bill.

A Message from the House of Commons, by Sir Henry Dutton Colt and others:

Who brought up two Bills; (videlicet,)

1. "An Act for Relief of Sir John Mead, of the Kingdom of Ireland, Knight and Baronet."

2. "An Act for naturalizing Philip Vanden-Enden Merchant."

To which they desire the Concurrence of this House.

Sir John Mead's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Relief of Sir John Mead, of the Kingdom of Ireland, Knight and Baronet."

A Message from the House of Commons, by Sir William Ashurst and others:

Who brought up a Bill, intituled, "An Act for the better Encouragement of the Royal Lustring Company;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act for repealing a Clause in an Act, intituled, An Act for the better apprehending, prosecuting, and punishing Felons, that commit Burglaries, House-breaking, or Robberies in Shops, Warehouses, Coach-houses, or Stables, or that steal Horses;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

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

Jermyn's Divorce Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dissolving the Marriage of Stephen Jermyn, now the only Son of Stephen Jermyn, of London, Merchant, with Sarab Bell; and to enable him to marry again."

Vachell & al. versus Breton & al.

Upon reading the Petition and Appeal of Dorothy Vachell Widow, and of Thomas Vachell Esquire, Son and Heir of Tanfield Vachell Esquire, deceased, Defendants, from a Decree of the Court of Chancery, bearing Date the Three and Twentieth Day of July in the Thirteenth Year of his late Majesty King William, made in several Causes there depending; One, wherein the said Tanfield Vachell, and the Petitioner Dorothy (then his Wife) were Complainants, against Benjamine Jeffryes, surviving Executor of Thomas Breton Esquire, deceased, Lucy Breton Widow and Relief of the said Thomas Breton, Penelope Breton, William Breton, Charles De Fountaine and Anne his Wife, and Alice Breton an Infant, the Daughter of Francis Breton, Son of the said Thomas Breton, by her Guardian, Defendants; and the other, wherein the said Lucy Breton, Wm. Breton, and Penelope Breton, were Complainants, and the said Benjamine Jeffryes, Tanfield Vachell the Petitioner, Dorothy then his Wife, the said Charles De Fountaine and Anne his Wife, and Alice Breton, by her Guardian, Defendants, and from several subsequent Orders and Proceedings grounded upon the said Decree; and praying, "That the said Decree may be reversed; and that what the Executor has paid thereupon may be restored; and that the said Lucy Breton, and William and Penelope her Children, the said Benjamine Jeffryes, Anne De Fountaine, and her said Husband, and the said Alice Breton, may answer to the said Appeal:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lucy Breton, William and Penelope her Children, Benjamine Jeffryes, Anne De Fountaine and her Husband, and Alice Breton, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on Tuesday the Eighteenth Day of this Instant February, at Eleven a Clock.

Bp. of Oxford's Petition referred to the Judges.

Upon reading the Petition of William Lord Bishop of Oxford; praying Leave to bring in a Bill, for Sale of the Rectory of Kemsey, and other Lands, being a Lease held of the Dean and Chapter of Worcester; and to enable the said Dean and Chapter to grant the same Premises by Two or more distinct Leases, and apportion the Rents and Reservations (if they think fit); and that the Monies arising by such Sale be applied to answer the Trusts limited in the Indenture of Settlement in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Justice Powis and Mr. Justice Blincoe; who are forthwith to summon all Parties that are to be concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties concerned in the Consequences of the Bill have signed the Petition.

Message from H. C. to return the Bill for securing the Church of England.

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

To return the Bill, intituled, "An Act for securing the Church of England, as by Law established;" and to acquaint this House, that they have agreed to the same, without any Amendments.

Libels, pretended to be Minutes, &c. of this House.

The Lord Bishop of Oxford reported from the Lords Committees appointed to consider of the publishing Libels, pretended to be Minutes of the House of Lords, "That the Committee had made some Progress in the Matter referred to them; and have ordered him to report, That one William Rowland owned, that One of the Letters before the Committee was writ by Jones, his Man, who copied it after One of his own writing; but refuses to declare where he had it."

Rowland to be attached.

Upon Report from the Lords Committees appointed to consider of the publishing Libels, pretended to be Minutes of the House of Lords; it appeared, "That one William Rowland owned that One of the said Letters before the Committee was writ by Jones, his Man, who copied it after One of his own writing; but refused to declare where he had it:"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith attach the Body of the said William Rowland, and keep him in safe Custody until further Order; and this shall be a sufficient Warrant on that Behalf.

To Sir David Mitchell, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Horton versus Harrington & al. Report:

The Lord Bishop of Salisbury reported from the Lords Committees, to whom the Petition of Thomas Herton, relating to the Judgement of this House of the Fourth Instant, was referred, "That they have examined the Matter set forth in the said Petition, and find no Ground for the same; and are of Opinion, That the said Petition should be rejected."

To which the House agreed; and ordered as follows; (videlicet,)

Petition rejected.

"Upon Report from the Lords Committees appointed to consider of the Petition of Thomas Horton, relating to the Judgement of this House of the Fourth Instant; upon hearing the Appeal of John Harrington and others, whereto the Petitioner was Respondent: It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Thomas Horton shall be, and is hereby, rejected:"

Thomeur &al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Thomeur and others.

Ordered, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Their Lordships, or any Three of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Lyon, Nat.

Upon reading the Petition of Stephen Lyon Clerk; praying to be added to a Bill of Naturalization depending in this House:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner may be added to the said Bill, according to the Prayer of his said Petition.

Absent Lords excused.

The Lord Keeper gave the House an Account what Letters he had received from the absent Lords; (videlicet,)

Articles of Union, &c.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That on Saturday next, at Twelve a Clock, this House shall take into Consideration the Articles of Union agreed on by the Commissioners of England and Scotland; and also the Act passed in Scotland, ratifying and approving the Treaty of Union; and that all the Lords be summoned then to attend, and all the Judges.

Vis. Kingsland versus Barnwell & al.

The House being moved, "That a Day may be appointed, for hearing of the Cause wherein Nicholas Lord Viscount Kingsland of the Kingdom of Ireland is Appellant, and Nicholas Barnwell and others 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 Friday the One and Twentieth Day of this Instant February, at Eleven a Clock.

Soare's Petition.

After reading, and Consideration of, the Report made by Mr. Baron Smith and Mr. Justice Dormer, upon the Petition of John Soare and others; praying Leave to bring in a Bill, for vesting several Houses in London; of the Value of Two and Thirty Pounds per Annum, in Trustees, to be sold, for the Support and Preservation of the Petitioners and their Children:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, dismissed this House.

Simmons's Petition dismissed.

After reading, and Consideration of, the Report made by Mr. Baron Smith and Mr. Justice Dormer, upon the Petition of Perkins Simmons; praying Leave to bring in a Bill, for Sale of his Estate in Stanwell, in Midd'x, for Payment of his Debts, to prevent his being cast into Prison:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, dismissed this House.

Adjourn.

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