House of Lords Journal Volume 18: 13 February 1706

DIE Mercurii, 13 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Abergavenny takes the Oaths.

This Day George Lord Bergevenny took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Malt, &c. Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Six."

After some Time, the House was resumed.

And the Lord Herbert reported, "That the Committee had gone through the said Bill; and think it sit to pass, without any Amendment."

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for continuing an additional Subsidy of Tonnage and Poundage, and certain Duties upon Coals, Culm, and Cinders, and additional Duties of Excise; and for settling and establishing a Fund thereby, and by other Ways and Means, for Payment of Annuities, to be sold, for raising a further Supply to Her Majesty, for the Service of the Year One Thousand Seven Hundred and Six, and other Uses therein mentioned;" to which they desire the Concurrence of this House.

Annuities, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for continuing an additional Subsidy of Tonnage and Poundage, and certain Duties upon Coals, Culm, and Cinders, and additional Duties of Excise; and for settling and establishing a Fund thereby, and by other Ways and Means, for Payment of Annuities, to be sold, for raising a further Supply to Her Majesty, for the Service of the Year One Thousand Seven Hundred and Six, and other Uses therein mentioned."

Message from H. C. to return Sir T. Cave's Bill.

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

To return the Bill, intituled, "An Act to enable Sir Thomas Cave Baronet to sell certain Lands, in the County of Northampton, to raise Money, to pay his Brothers and Sisters Portions; and settle other Lands in the said County of Northampton, and County of Leicester, of better Value, to the same Uses;" 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 Three Times, and agreed to; and Ordered, That the Commons have Notice thereof.

Biddeford Town versus New Ross, Bill.

Upon reading the Petition of the Mayor and other Inhabitants of the Town of Bideford, in the County of Devon; praying to be heard, by their Counsel, at the Committee, against the Bill, intituled, "An Act for making the Town of New-Rosse, in the County of Wexford, in the Kingdom of Ireland, a Port for the exporting Wool from Ireland into this Kingdom:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by their Counsel, before the Committee to whom the said Bill stands committed.

Barstow versus Palmes.

Whereas To-morrow was appointed, for hearing of the Cause, upon the Appeal of William Palmes Esquire Appellant, and Thomas Barstow Respondent; the House being moved, on the Behalf of Thomas Barstow, "That a further Day may be appointed for hearing thereof, his Counsel being engaged in other Matters:"

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 Twentieth Day of this Instant February, at Eleven a Clock.

Marbury & al. versus E. Rivers & al.:

After hearing Counsel, upon the Petition and Appeal of Catherine Marbury Spinster, Benjamine Woodroffe Doctor in Divinity and Mary his Wife, Gilbert Thacker Esquire and Elizabeth his Wife; which said Catherine, Mary, and Elizabeth, are the Sisters and Coheirs of William and Richard Marbury, late of Marbury, in the County of Chester, Esquire, deceased; from Reports and several Orders and Proceedings made in the Court of Chancery; (videlicet,) the Decree and Reports, whereby the Debts of Andrews, Noy, and Coach, are reported and decreed; and the Order of the Three and Twentieth of June One Thousand Seven Hundred and Three, relating to the Appellant's Dr. Woodroff's losing of his One Thousand Pounds; and the Order of the Nine and Twentieth of April One Thousand Seven Hundred and Four, whereby the said Appellant was discharged from being the Purchaser of the Premises in Question, and ordered to pay Costs; and the Order of the Eighth of June One Thousand Seven Hundred and Five, whereby the Earl Rivers was irregularly admitted the Purchaser of the said Premises; and other Proceedings on the Decree, as in the Appeal is suggested, and made on the Behalf of George Torbuck, John Warrall, Anne Andrews, Richard Spooner, and others, Creditors of William Marbury Esquire, deceased; and praying, "That the said several Reports, subsequent Orders, and Proceedings, may be reversed; and that the several and respective Creditors, the Mortgagees, and the Bond and Simple Contract Creditors, Parties to the several Suits, and the Earl Rivers, may answer to the said Appeal:" As also upon the several Answers of Sir Roger Hill, Sir Streynsham Master, Cecilia Fiennes, and Elizabeth Horsley; the Answer of Richard Earl Rivers; the Answer of Thomas Frith, Samuel Mitchell, Robert Naylor Executor of Peter Downall, Thomas Birkenhead Administrator of John Birkinhead, John Torbuck and Deborah Torbuck Executors of George Torbuck deceased, and Richard Smith Executor of John Warrall deceased; the Answer of Anne Andrews Widow; the Answer of Nathaniel Hodges Administrator of John Coach; the Answer of John Sherwood Clerk; the Answer of Francis Painter and Richard Spour, Executors of Will'm Noy deceased; and due Consideration of what was offered by Counsel for the said Appeal, and several Counsel upon the Answers put in thereunto:

Judgement assumed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Catherine Marbury Spinster, Benjamine Woodroffe Doctor in Divinity and Mary his Wife, Gilbert Thacker Esquire and Elizabeth his Wife; which said Catherine, Mary, and Elizabeth, are the Sisters and Coheirs of William and Richard Marbury, in the County of Chester; shall be, and is hereby, dismissed this House; and that the Order of the Three and Twentieth of June One Thousand Seven Hundred and Three, and the Order of the Nine and Twentieth of April One Thousand Seven Hundred and Four, and the Order of the Eighth of June One Thousand Seven Hundred and Five, and other Proceedings complained of in the said Appeal, shall be, and they are hereby, affirmed: Nevertheless, without any Prejudice to the Creditors in Point of Priority amongst themselves, which may be hereafter determined and settled by the Court of Chancery, as if the Appeal had not been brought into this House.

Adjourn.

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