House of Lords Journal Volume 18: 20 January 1707

DIE Lunæ, 20 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hide's Petition, referred to the Judges.

Upon reading the Petition of William Hide and Sarah his Wife, on Behalf of themselves and their Children who are Infants, and of Charles Blith Gentleman, a Trustee in the Marriage Settlement of the said William and Sarah; praying Leave to bring in a Bill, for vesting in Trustees a Capital Messuage, with the Orchards and all other Appurtenances thereto belonging, as also Two Closes adjoining, and another Piece of Ground, in Whetstone, and the Parish of Finchley, in the County of Middl'x, to be sold immediately; and that the Monies arising therefrom may partly be applied to the Use of the Father and Mother (the present Tenants for each of their respective Lives); and the other Part to be applied, by the Trustees, to the Use and present Provision of the Children:

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 the Lord Chief Justice of Her Majesty's Court of Queen's Bench and the Lord Chief Justice of the Court of Common Pleas; 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.

Soare's Petition, referred to the Judges.

Upon reading the Petition of John Soare and Judith his Wife, and Hugh Roweliffe Haberdasher, Father of the said Judith; 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 John and Judith and their Children:

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. Baron Smith and Mr. Justice Dormer; 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.

Chamberlain versus Newte.

After hearing Counsel, upon the Petition and Appeal of Roger Chamberlaine and Francis Plympton Gentleman, from a Decree made in the Court of Exchequer, the Two and Twentieth Day of April One Thousand Seven Hundred and Six, whereby it is decreed, "That the Appellants should account with, satisfy, and pay unto, the Respondent John Newte, for the Value of the Tenth Toll Dish of the Corn and Grain ground at the Horse Malt-mill in Question, for the Two First Years in the Bill, (videlicet,) from the Eighth of May One Thousand Six Hundred Ninety-nine, to the Eighth of May One Thousand Seven Hundred and One, and Costs of Suit;" as also Counsel upon the Answer of the said John Newte put in thereunto:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Judges, on Tuesday the Eight and Twentieth Day of this Instant January, as to this Point, "Whether the Tithe payable for Corn ground in a Horse Malt-mill is a Personal, Predial, or Mixed Tithe; and in what Manner Tithe is to be paid for Corn ground in such Mill, if any Tithe is due for the same."

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for settling upon John Duke of Marlborough and his Posterity a Pension of Five Thousand Pounds per Annum, for the more honourable Support of their Dignities, in like Manner as his Honours and Dignities, and the Honour, and Manor of Woodstock, and House of Bleinheim, are already limited and settled;" to which they desire the Concurrence of this House.

Duke of Marlborough, 5000£. per Ann. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for settling upon John Duke of Marlborough and his Posterity a Pension of Five Thousand Pounds per Annum, for the more honourable Support of their Dignities, in like Manner as his Honours and Dignities, and the Honour and Manor of Woodstock, and House of Bleinheim, are already limited and settled."

Ordered, That the said Bill be read a Second Time To-morrow.

Fitch's Petition, referred to the Judges.

Upon reading the Petition of William Fitch Esquire and Anne his Wife, Henry Fleming Esquire, Uncle by the Mother of Thomas Fitch and Henry Fitch, Infants, Two Sons of the said William Fitch and Anne his Wife, Gideon Heydon Esquire and Alice his Wife, Sister of the said William Fitch, John Speed Doctor of Physic, and Robert Russel Gentleman, the only surviving Trustees named in the Marriage Settlement of the said Will'm; praying Leave to bring in a Bill, for vesting a Capital Messuage, called Henbury, with the Farm belonging, and other Lands and Tenements, in the County of Dorset, in Trustees, for Sale of such Part of them as may be sufficient to satisfy the Debts in the Petition mentioned; and for settling the Residue, free from all Liberty of committing Waste, to the same Uses as the said Capital Messuage is limited by the said Marriage Settlement:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, referred to the Consideration of Mr. Justice Tracy and Mr. Baron Price; who are forthwith to summon all Par ies 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.

Kettilby's Petition, Judges Report upon.

The Lord Keeper acquainted the House, "That Mr. Justice Powell and Mr. Baron Bury were ready to make their Report to this House, relating to the Petition of James Kettilby and Bridget his Wife, when the House will please to receive the same."

Which Report being delivered, and read; it was agreed, that the same should lie on the Table till Friday next, to be perused by the Lords.

Adjourn.

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