House of Lords Journal Volume 18: 17 February 1707

DIE Lunæ, 17 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lord Lempster takes the Oaths.

This Day William Lord Lempster took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Sir J. Mead's Bill.

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for Relief of Sir John Mead, in the Kingdom of Ireland, Knight and Baronet," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Relief of Sir John Mead, in the Kingdom of Ireland, Knight and Baronet."

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

It was Resolved in the Affirmative.

Ordered, The Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

D. Beaufort's Reports delivered.

The Lord Keeper acquainted the House, "That Mr. Justice Gould and Mr. Baron Bury were ready to make their Report to this House, upon the Petition of Henry Duke of Beaufort, referred to them, when the House will please to receive the same."

Which Report being delivered; it was agreed, and Ordered, That the same shall be read To-morrow, at Eleven a Clock.

Bp. Oxford's Report delivered.

The Lord Keeper also acquainted the House, "That Mr. Justice Powis and Mr. Justice Elencowe were ready to make their Report to this House, upon the Petition of William Lord Bishop of Oxford, referred to them, when the House will please to receive the same."

Which Report being delivered; it was agreed, and Ordered, That the same shall be read To-morrow, at Eleven a Clock.

Hyde's Report delivered.

The Lord Keeper also acquainted the House, "That the Lord Chief Justice of Her Majesty's Court of Queen's Bench and the Lord Chief Justice of Her Majesty's Court of Common Pleas were ready to make their Report to this House, upon the Petition of William Hyde and Sarah his Wife, referred to them, when the House will please to receive the same."

Which Report being delivered; it was agreed, and Ordered, That the same shall be read To-morrow, at Eleven a Clock.

Williams's Report delivered.

The Lord Keeper also acquainted the House, "That the Lord Chief Baron of Her Majesty's Court of Exchequer and Mr. Justice Powell were ready to make their Report, upon the Bill, intituled, "An Act for Sale of certain Houses near Aldgate, in London, late the Estate of William Williams Esquire, deceased; and for purchasing Lands in Lieu thereof, when the House will please to receive the same."

Which Report being delivered; it was agreed, and Ordered, That the same shall be read To-morrow, at Eleven a Clock.

Darrell's RPT.

After reading, and Consideration of, the Report of Mr. Justice Powis and Mr. Justice Blencowe, upon the Bill, intituled, "An Act for Sale of some Part of the Estate of Henry Darrell 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:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill be read a Second Time To-morrow, at Eleven a Clock in the Forenoon.

Supply, a free Ship, Bill.

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

Who brought up a Bill, intituled, "An Act for making the Ship Supply a free Ship;" to which they desire the Concurrence of this House.

Escapes out of Queen's Bench and Fleet Prisons prevent, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for rendering more effectual an Act passed in the First Year of Her Majesty's Reign, intituled, "An Act for the better preventing Escapes out of The Queen's Bench and Fleet Prisons."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow, at Eleven a Clock.

La Croix & al. Nat.

Upon reading the several Petitions of Francis La Croix and John Tavernall; praying Leave to be naturalized:

It is Ordered, That the Petitioners may be added to a Bill of Naturalization now depending in this House, according to the Prayer of the said Petitions.

West Riding of York, Register Bill.

Whereas this Day was appointed, for the House to be put into a Committee upon the Bill, intituled, "An Act for Enrolment of Bargains and Sales within the West Riding of the County of York, in the Register Office there lately provided; and for making the said Register more effectual:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the House be put into a Committee on the said Bill, on Tuesday the Five and Twentieth Day of this Instant February, at Twelve a Clock; and that the Judges do then attend.

Vis. Kingsland versus Barnwell et al.

Whereas Saturday the Two and Twentieth Day of this Instant February was appointed, for hearing the Cause wherein the Lord Viscount Kingsland of the Kingdom of Ireland is Appellant, and Nicholas Barnwell and others are Respondents:

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, peremptorily, on Friday the Eight and Twentieth Day of this Instant February, at Eleven a Clock in the Forenoon.

Drake et al. Petition referred to Judges.

Upon reading the Petition of Jane Drake Widow and Executris of the last Will of Mountague Drake Esquire, deceased, and Guardian of Mountague Garrard Drake, an Infant, his only Son and Heir, Sir Simon Harcourt Knight, Her Majesty's Solicitor General, John Drake, Esquire, William Jennens Esquire, and Bezaliel Kn't Gentleman, Trustees named in the said Will; shewing, "That, on the Fifteenth of June One Thousand Six Hundred Ninety-eight, the said Mountague Drake did, by his last Will, devise his Manors of Sutton Valence and Langley, and the Advowson of the Church of Langley, and several Lands, Tenements, and Hereditaments, in the County of Kent, to the Petitioner, the said Trustees, and Sir John Garrard since deceased, for the Term of Five Hundred Years, in Trust, to raise Monies sufficient to pay his Debts and Legacies: That, on the Seven and Twentieth of June One Thousand Six Hundred Ninetyeight the said Mountague Drake died, leaving Issue Mountague Garrard Drake his only Son and Heir, and Mary Drake his Daughter, and the Petitioner Jane Drake: That the Testator's Debts and Legacies unpaid are about Eleven Thousand Six Hundred Eightytwo Pounds, and the Trust Estate about Six Hundred and Ten Pounds per Annum; which is not sufficient for raising thereof, unless a speedy Sale be made, not only of the said Term, but also of the Inheritance: That the Creditors and Legatees being very pressing to have their Debts and Legacies paid; and being for the Advantage of the said Infant, that the said Inheritance, as well as the Term, should be sold; and praying Leave that a Bill may be brought in, for vesting the Fee, after the Expiration of the said Five Hundred Years Term, in Trustees, to be sold, together with the said Term, for Payment of the said Debts and Legacies:"

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. Justice Tracy and Mr. Baron Price; 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.

Eyre's Bill.

Hodie 1^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 the purchasing of other Lands, to be settled to the same Uses as the said Premises to be sold are now settled."

Chamberlaine versus Newte.

After hearing Counsel, the Twentieth of January last, upon the Petition and Appeal of Roger Chamberlaine Gentleman 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, on the Behalf of John Newte Clerk; praying the Reversal of the said Decree, in relation to Tithes due for a new-erected Horse Malt Mill, in the Borough and Parish of Tiverton, in the County of Devon; as also upon the Answer of the said John Newte put in thereunto; it was ordered, "That the Judges shall be heard, 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?"

Judgement.

After due Consideration had of what was offered, by Counsel, upon the said Petition and Answer; and also upon hearing the Judges this Day: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree of the Court of Exchequer, complained of in the Petition of Roger Chamberlaine and Francis Plympton, shall be, and is hereby, reversed; and that the Plaintiff in the Court below, John Newte (the now Respondent), do recover his Tithes of the said Mill, in the Nature of a Personal Tithe only; that is to say, the Tenth Part of the clear Profits arising from Corn ground in the said Mill, over and above all incident Charges; and, to that End, an Accompt is to be taken of the Profits of the said Mill, and Charges for the Time past, within the Time of the Demand of the Plaintiff John Newtle Bill in the Exchequer, and since; and that the said Tithes do so continue to be paid for the future: And it is hereby Ordered, That the said Court of Exchequer do cause the said Accompt to be taken, and what shall be found due thereon paid accordingly.

Adjourn.

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