House of Lords Journal Volume 18: 18 January 1706

DIE Veneris, 18 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

No Private Bill to be heard on a Cause-day, till the Cause is heard; Standing Order.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Order made the Fourteenth Instant, for declaring, "That no Private Bill whatsoever shall be read, that Day any Cause is or shall be appointed to be heard before the Hearing of the said Cause," shall be, and is hereby, made a Standing Order of this House, and entered on the Roll.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act to enable John Edwards Gentleman to sell certain Lands, in the County of Norfolke, for Payment of Debts;" to which they desire the Concurrence of this House.

Edwards's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable John Edwards Gentleman to sell certain Lands, in the County of Norfolke, for Payment of Debts."

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act to permit the making up of Cloaths with Buttons of Cloth, for Exportation, for cloathing the Army of the Allies, notwithstanding the Act against Cloth Buttons;" to which they desire the Concurrence of this House.

Cloth Buttons for Exportation, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to permit the making up of Cloaths with Buttons of Cloth, for Exportation, for cloathing the Army of the Allies, notwithstanding the Act against Cloth Buttons."

Sir E. Sadleir, Leave for a Bill.

Upon reading the Petition of Sir Edwine Sadleir Baronet; praying Leave to bring in a Bill, for Sale of some Part of his Estate, for Payment of his Debts.

It is Ordered; by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath hereby Leave to bring in a Bill, according to the Prayer of his said Petition.

Birkbeck versus Superman.

Upon reading the Petition of Catherick Birkbeck, and Edward Birkbeck, an Infant, by the said Catherick, his Father and Guardian; shewing, "That the Petitioners being justly entitled (as they are advised) to a Moiety of the Rectory of Bishop Midleham, in the County of Durham, as Tenants in Common with the Respondents; but kept out of the Possession of the same, under Colour of a Decree in Chancery, of the Eighteenth of December in the Third Year of Her Majesty's Reign, on the Behalf of Gilbert Sperman and Margaret his Wife, which was but lately signed and enrolled; the Petitioners having, by reason thereof, been reduced to great Necessities, and disabled to prosecute their Appeal until now, their Friends having, out of Compassion to their Circumstances, and the Hardship of their Case, raised Money to enable them to prosecute the same, as by Affidavit annexed appears;" and praying, "That this House will please to receive their Petition of Appeal this present Session; and that the Respondents may answer thereunto:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, upon the special Matters alledged in the said Petition and Affidavit, the Petitioners have hereby Leave to bring in their Appeal, according to the Prayer of the said Petition.

Seagrave versus Eultace.

Upon reading the Petition of Francis Seagrave and Mary his Wife; shewing, "That, they being aggrieved by a Decree of the Court of Chancery in Ireland, obtained in Michaelmas Term One Thousand Seven Hundred and Four, on the Behalf of James Eustace Esquire, they had appealed to this House the last Session of Parliament; but that they could not get a Sight of the Decree till the Parliament was up, though often requested; the Officer who was to make up the Decree still pretending that it was not made up; and the Petitioner Francis, being in Restraint, could not possibly be in England by the Time allowed by this House for bringing in Appeals, as by the Affidavit annexed appears; and praying Leave to offer a Petition of Appeal against the said Decree:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, upon the special Matters alledged in the said Petition and Affidavit, the Petitioners have hereby Leave to bring in their Appeal, according to the Prayer of their Petition: And it is further Ordered, That if the Petitioners do not prosecute the said Appeal so as the same be heard this Session of Parliament, that then the receiving thereof shall not be any Stay of Proceedings on the said Decree; but that the same may notwithstanding be carried on to Execution.

Smalman's Bill:

The Earl of Stamford reported from the Lords Committees, the Bill, intituled, "An Act for supplying a Defect (by the Death of a Trustee) in the Appointment of Provisions for the Younger Children of Henry Smalman Esquire, deceased; and for making the said Provision more effectual for such Younger Children," as fit to pass, with One Amendment.

Which was read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act for supplying a Defect (by the Death of a Trustee) in the Appointment of Provisions for the Younger Children of Henry Smalman Esquire, deceased; and for making the said Provisions more effectual for such 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 an Amendment to it.

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

To return the said Bill, and desire their Concurrence to their Lordships Amendment made therein.

Venner's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Relief of Colonel Samuel Venner."

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 Monday the Fourth Day of February next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Edge versus Hatterel.

Whereas this Day was appointed for hearing of the Cause wherein Nicholas Edge is Appellant, and Henry Hatterel Respondent; Counsel appearing for the Respondent, but no Counsel for the Appellant: The Appellant's Wife, at the Bar, humbly praying Two or Three Days longer for her Counsel's coming to Town:

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 Wednesday the Three and Twentieth Day of this Instant January, at Eleven a Clock.

Adjourn.

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