House of Lords Journal Volume 18: 10 March 1707

DIE Lunæ, 10 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Prayers.

D. Beaufort's Bill.

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for discharging divers Manors and Lands of Henry Duke of Beaufort from the Portions of his Daughters and Younger Children by his present Dutchess; and for charging other Manors and Lands of the said Duke, of greater Value, with the like Portions," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Darell's Bill.

The Lord Bishop of Exeter reported from the Lords Committees, the Bill, intituled, "An Act for Sale of some Part of the Estate of Henry Darell Esquire, deceased; and leasing or mortgaging other Part thereof, to raise Money, to pay his Debts charged thereupon, and for making Provision for his Widow and Younger Children," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of some Part of the Estate of Henry Darell Esquire, deceased, and leasing or mortgaging other Part thereof, to raise Money, to pay his Debts charged thereupon, and for making Provision for his Widow and Younger Children."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Sir Richard Holford and Mr. Hiccocks:

To return the said Bill, and desire their Concurrence to their Lordships Amendments made thereto.

E. Thomond's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Right Honourable Henry Earl of Thomond, an Infant, to make a Settlement of his Estate, upon his Marriage (notwithstanding his Infancy); and for other the Purposes in the said Act mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Richard Holford and Mr. Hiccocks:

To carry down the said Bill, and desire their Concurrence thereunto.

Queen to be attended with Address:

The Lord Great Chamberlain acquainted the House, That he had attended Her Majesty; and that Her Majesty was pleased to appoint to be attended by both Houses, with their Address, To-morrow, at Two a Clock, at St. James's.

Message to H. C. to acquaint them with it:

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

To acquaint them, that Her Majesty hath been pleased to appoint to be attended, by both Houses, with their Address, To-morrow, at Two a Clock, at St. James's; and that the Lords intend to be there at that Time.

Messages from thence, with Bills.

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

Who brought up a Bill, intituled, "An Act for making the Acts more effectual, for appropriating the forfeited Impropriations in Ireland, for the building of Churches, and augmenting poor Vicarages there;" to which they desire the Concurrence of this House.

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

Who brought up a Bill, intituled, "An Act to empower the Lord High Treasurer of England, or Commissioners of the Treasury, for the Time being, to compound with Nathaniel Rich Esquire, late Receiver General for the County of Essex;" to which they desire the Concurrence of this House.

Rich's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to empower the Lord High Treasurer of England, or Commissioners of the Treasury, for the Time being, to compound with Nathaniel Rich Esquire, late Receiver General for the County of Essex."

Messages from H. C. with Bills.

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

Who brought up a Bill, intituled, "An Act for the better Preservation of the Game;" to which they desire the Concurrence of this House.

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

Who brought up a Bill, intituled, "An Act for the better regulating Servants, and paying their Wages;" to which they desire the Concurrence of this House.

Potts's Bill.

After reading, and considering of, the Report made by the Judges, upon the Bill, intituled, "An Act for Sale of Part of the Estate of William Potts, for discharging his Brothers and Sisters Portions, and his Debts; and for confirming his Marriage Settlement, as to the Residue of his Estate, discharged of such Portions and Debts:"

It is Ordered, by the Lords, Spiritual and Temporal in Parliament assembled, That the said Bill shall be read a Second Time.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of William Potts, for discharging his Brothers and Sisters Portions, and his Debts; and for confirming his Marriage Settlement, as to the Residue of his Estate, discharged of such Portions and Debts."

Ordered, That the Consideration of the said Bill be committed to the Lords following:

Their Lordships, or any Five of them; to meet on Monday the One and Twentieth Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they Please.

Weedon's Bill.

After reading, and taking into Consideration, the Report made by the Judges, upon the Bill, intituled, An Act for Sale of Part of the Estate of John Weedon, of Souldern, in the County of Oxon, Esquire, for Payment of his Father's Debts and Legacies, and Portions to his Younger Children; and for settling the rest of his Estate to the Uses of his Father's voluntary Settlement."

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill may be read a Second Time.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of John Weedon, of Souldern, in the County of Oxon, Esquire, for Payment of his Father's Debts and Legacies, and Portions to his Younger Children; and for settling the rest of his Estate to the Uses of his Father's voluntary Settlement."

Ordered, That the Consideration of the said Bill be referred to the Lords Committees abovenamed.

Their Lordships, or any Five of them; to meet at the same Time and Place.

Prince, a free Ship, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making the Ship Prince (Foreign-built) a free Ship."

Ordered, That the Consideration of the said Bill be referred to the Lords Committees aforenamed: Who are to meet on Thursday next, at Ten a Clock, at the Place aforesaid.

Bp. of Oxford's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making more effectual a Settlement made by William Lord Bishop of Oxford, for the Benefit of his Children."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Richard Holford and Mr. Hiccocks:

To carry down the said Bill, and desire their Concurrence thereunto.

Orme's Petition dismissed.

After reading, and considering of, the Report made by the Judges, upon the Petition of Thomas Orme Esquire; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

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

Drake's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Reversion in Fee of certain Manors and Lands in the County of Kent, late the Estate of Mountagu Drake Esquire, deceased, in Trustees, to be sold, for Payment of his Debts and Legacies."

Eyre's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to vest certain Mills and Lands in Downton, in the County of Wilts, (the Estate of William Eyre, a Lunatic) in Trustees, to be sold; and for applying Part of the Monies arising by the Sale thereof for Payment of the Debts of the said Lunatic, and making some Provision for Ambrose Eyre his Eldest Son and Heir; and for applying the Residue of such Monies in purchasing of other Lands, to be settled to the same Uses as the said Premises to be sold are now settled."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Richard Holford and Mr. Hiccocks:

To carry down the said Bill, and desire their Concurrence thereunto.

Annesley versus Dixon in Error;

After hearing Counsel this Day, to argue the Errors assigned upon the Writ of Error brought into this House the Thirteenth Day of February last; where in Francis Annesley is Plaintiff, and Henry Dixon Lessee of Robert Dixon Esquire is Defendant, for reversing a Judgement given in Her Majesty's Court of Queen's Bench in England, affirming a Judgement given in Her Majesty's Court of Queen's Bench in Ireland; which Judgements are entered for the said Henry Dixon, against the said Francis Annesley; and due Consideration of what was offered thereupon:

Judgment affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in Her Majesty's Court of Queen's Bench in Ireland, and the Affirmation thereof in Her Majesty's Court of Queen's Bench in England, shall be, and they are hereby, affirmed; to the End Execution thereupon may be had, as if no Writ of Error had been brought into the Court of Queen's Bench in England, or this House.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, is as follows; (videlicet,)

"Postea, scilicet, Decimo Tertio Die Februarii, Anno Regni dictæ Dominæ Reginæ nunc Quinto, Transcript. Record. et Process præd. inter Partes præd. cum omnibus ea tangen. Prætextu cujusdam Brevis dictæ Dominæ Reginæ de Error. corrigend. per præsat. Franciscum Annesley in Præmiss. prosecut. dictæ Dominæ Reginæ in præsenti Parliamento apud Westm. præd. a præd. Cur. dictæ Dominæ, coram ipsa Regina, hic transmiss. fuit; prædictusque Franciscus Annesley, in eadem Cur. Parl. comparens, diversas Materias pro Error. in Record. et Process. Judicii præd. necnon in Affirmatione ejusdem Judicii, pro Revocatione et Adnul latione Judicii præd. in Cur. dictæ Dominæ Reginæ, coram ipsa Regina, in Regno Hib'niæ reddit. et in Affirmatione ejusdem Judicii in Cur. dictæ Dominæ Reginæ, coram ipsa Regina apud Westm. præd. assignavit; ad quas præd. Henricus Dixon, in eadem Cur. Parliamenti similiter comparens, placitavit, quod nec in Record. et Process. præd. nec in Redditione Judicii præd. nec in Affirmatione ejusdem Judicii, in ullo fuit Errat. Posteaque, scilicet, Decimo Die Martii, Anno Regni dictæ Dominæ Reginæ nunc Sexto, in eadem Cur. Parliamenti apud Westm. præd. vener. Partes præd.; super quo, visis et per Cur. Parliamenti præd. diligenter examinatis et plenius intellectis tam Record. et Process. præd. ac Judic. super eisdem reddit. nec non (fn. 1) Affirmation. ejusdem Judicii, quam præd. Causis et Materiis per præsat. Franciscum Annesley pro Erroribus assignat. et allegat. maturaque Deliberatione super inde habita, videtur eidem Cur. Parliamenti præd. quod Record. ill. in nullo vitiosum aut defectivum existit; quodque nec in Record. et Process. præd. nec in Redditione Judicii præd. nec in Affirmation. ejusdem Judicii, in ullo est Errat. Ideo per eandem Cur. Parliamenti præd. considerat. est, quod Judic. præd. in præd. Cur. dictæ Dominæ Reginæ, coram ipsa Regina, in Regno Hib'niæ, reddit. nec non Affirmatio ejusdem Judic. in Cur. dictæ Dominæ Reginæ, coram ipsa Regina, apud Westm. præd. in omnibus affirmentur, et in omni suo Robore stent et Effectu; dictis Causis et Materiis per præsat. Franciscum Annesley pro Erroribus assignat. et allegat. in aliquo non obstant.; ac super inde Record. et Process. præd. per Cur. Parliamenti præd. in præd. Cur. dictæ Dominæ Reginæ, coram dicta Domina Regina, ubicunque &c. remittuntur, et in eadem Cur. dictæ Dominæ Reginæ hic, coram ipsa Regina, jam resident. &c."

Adjourn.

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