House of Lords Journal Volume 18: 29 January 1706

DIE Martis, 29 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act to enable Trustees to make Provision for Payment of 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;" to which they desire the Concurrence of this House.

Holworthy's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the removing all Doubts touching the Saving Clause of One Act of Parliament, intituled, An Act for vesting divers Manors and Lands of Mathew Holworthy Esquire in Trustees, to be sold; and purchasing other Manors or Lands, of equal Value; and limiting the Manors or Lands to be purchased to the same Uses as the Lands to be sold are limited."

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 Mr. Rogers and Mr. Hiccocks:

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

Williams versus Offley, in Error.

Upon reading the Petition of Joseph Offley Esquire; shewing, "That he, having obtained Judgement on a Bond against John Williams, in Her Majesty's Court of Common Pleas, the Plaintiff Williams brought his Writ of Error in the Queen's Bench, where Judgement was affirmed; and, for Vexation, the Plaintiff Williams hath brought his Writ of Error into this House, and the Petitioner hath joined Issue;" and praying "a short Day for hearing the Errors argued thereupon:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued, in this Case, on Friday the Eighth Day of February next, at Eleven a Clock.

Barstovs versus Palmes.

Upon reading the Petition of Thomas Barstow, Respondent to the Appeal of William Palmes Esquire; shewing, "That the Appellant brought his Appeal against a Decree obtained by the Petitioner in Chancery, to which the Petitioner hath put in his Answer;" and praying "a short Day for hearing the said Appeal:"

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 Saturday the Ninth Day of February next, at Eleven a Clock.

E. Rivers & al. Versus Marbury & al.

The House being moved, on the Behalf of Richard Earl Rivers and several others, Respondents to the Petition and Appeal of Katherine Marbury, Doctor Benjamin Woodroffe, and others, "That a Day may be appointed for hearing the said Cause:"

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 Monday the Eleventh Day of February next, at Eleven a Clock; and that the Service of this Order upon the Appellants Clerk or Clerks in Chancery shall be good Notice, in order thereunto.

D. of Ormond and L. Weston, Leave for a Bill.

Upon reading the Petition of James Duke of Ormonde, and Charles Baron Weston, Earl of Arran in the Kingdom of Ireland; shewing, "That the Petitioners, in Consideration of a Marriage of the said Earl of Arran and Elizabeth Crew, now Countess of Arran, his Wife, and for the Increase of the Estate and Income of the said Earl in Ireland, entered into an Agreement, for settling certain Castles, Manors, Lands, and Hereditaments, in the County of Tiperary, in the said Kingdom, or the Fee-farm Rents arising from the same, on the said Earl for Life, and afterwards on his Sons successively in Tail Male; but the Premises, being already limited to the Petitioner the Duke for Life, and afterwards to his Sons, in Tail Male, with a Remainder to the said Earl for Life, and his Sons, with Remainders over, cannot be settled pursuant to the said Agreement without Authority of Parliament; and praying Leave to bring in a Bill, for enabling the Petitioners to make a Settlement pursuant to the said Marriage Agreement:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave to bring in a Bill, as desired.

Security of the Queen's Person, and Protestant Succession, Bill.

The Order of the Day being read, for taking into Consideration the Amendments made by the House of Commons to the Bill, intituled, "An Act for the better Security of Her Majesty's Person and Government, and of the Succession to the Crown of England in the Protestant Line:"

The Amendments were read, as follow; (videlicet,)

Press 3, Line 32. After ["Demise"], insert ["that has met and sat"].

Line 33. After ["sit"], insert ["at Westminster"].

Press 6, Line 14. After ["is"], insert ["or shall be".]

Line 21. After ["being"], insert ["natural born"].

Line 37. After ["aforesaid"], insert ["whose Credentials shall be enrolled in the High Court of Chancery, and to"].

Press 7, Line 8. After ["England"], insert ["and that if the next Successor shall be minded to revoke or alter Her or His Nomination or Appointment made as aforesaid, and shall, by Three Writings of the same Tenor under Her or His Hand and Seal, require the said Instruments deposited as aforesaid to be delivered up to some Person or Persons thereby authorized to receive the same; then, and in such Case, the said Persons with whom the said Instruments shall be deposited, and every of them, and, in case of any of their Deaths, their Executors or Administrators, respectively, and every other Person in whose Custody any of the said Instruments shall happen to be, shall deliver up the said Instruments accordingly; and they are hereby respectively authorized and required so to do: And if any of the said Persons, with whom the said Instruments shall be so deposited, shall happen to die, or be removed from their respective Offices or Employments, during the Life of Her present Majesty, such Person or Persons, and, in case of any of their Deaths, their Executors or Administrators, respectively, and every other Person in whose Custody any of the said Instruments shall happen to be, shall, with all convenient Speed, deliver such of them as shall be in his or their Custody to the Successor or Successors of the Person or Persons so dying, or removed, as aforesaid."]

Press 7, Line 27. Leave out ["one or more of"], "and insert [all"].

Line 29. After ["aforesaid"], insert ["then"].

Line 45. Leave out ["thereby"], and insert ["hereby"].

Press 8, Line 18. After ["Year"], insert ["of the Reign"].

Which said Amendments, being again severally read, were agreed to by the House.

(A) Then the Clause (A) was read, as follows; (videlicet,)

Provided always, That if any of the aforesaid Seven Offices shall be in Commission at the Time of such Demise of Her Majesty, that then the First Commissioner of such respective Commission shall be One of the said Lords Justices of England; and use, exercise, and execute, all Powers, Authorities, Matters, and Acts of Government, by this Act vested in the said Lords Justices of England, according to the Directions and Provisions of this Act, in as full and ample Manner as if such Office or Offices were in the Hands of a single Person."

Then this Amendment was offered to be added; (videlicet,)

(A) 2 Line. After ["Offices"], insert ["other than the Office of Lord High Treasurer of England"].

Then this Amendment was offered to be added, at the End of the Clause (A); (videlicet,)

["Provided, That if there shall be no Lord High Treasurer of England, and the Office, of Treasurer of the Exchequer shall be in Commission, then the First in that Commission shall be One of the Lords Justices of England."]

Which said Amendments, being Twice severally read, were agreed to.

(B) Then the Clause marked (B) was read;

And a Debate arising thereupon:

It was proposed, "That the said Debate should be adjourned to another Day."

And Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the further Consideration of the Clause (B) shall be, and is hereby, adjourned to Thursday next, at Twelve a Clock; and all the Lords summoned.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tricesimum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.