House of Lords Journal Volume 18: 8 March 1707

DIE Sabbati, 8 Martii.

Domini tam Spirituales quam Temporales Præsentes fuerunt:

PRAYERS.

Elson's Bill

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the Trustees of William Elson, an Infant, to sell Part of his Estate, for Payment of his Father's Debts on Specialties."

Upon the First Reading of the Bill, intituled, "An Act to enable the Trustees of William Elson, an Infant, to sell Part of his Estate, for Payment of his Father's Debts on Specialties:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Bill shall be, and is hereby, referred to the Lord Chief Justice of Her Majesty's Court of Common Pleas 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.

Eyre's Bill.

The Earl of Rochester reported from the Lords Committees, the Bill, 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 applaying the Residue of such Monies in purchasing of other Lands, to be settled to the same Uses as the said Premises to be sold are now settled," as fit to pass, with some Amendments.

Which were Read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Bp. of Oxford's Bill.

The Lord Bishop of Exeter reported from the Lords Committees, the Bill, intituled, "An Act for making more effectual a Settlement made by William Lord Bishop of Oxford, for the Benefit of his Children," as fit to pass, with One Amendment.

Which was read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendment.

E. of Anglesey et al. versus E. of Derby, for waiver of Privilege.

This Day the House took into Consideration the Petition of John Earl of Anglesey, Henrietta Maria Countess of Anglesey his Wife, and Lady Elizabeth Stanley, relating to the Privilege of James Earl of Derby:

Whereupon the Earl of Derby, in his Place, declared, He was very free and willing to waive his Privilege, as is prayed in the Petition."

Message from H. C. to return the Address.

A Message from the House of Commons, by the Earl of Hertford and others:

To acquaint this House, that the Commons have agreed to the Address, with an Amendment, by filling up the Blank with "and Commons."

Which said Address is as follows:

Address of both Houses, concerning the Union.

"We, Your Majesty's most dutiful Subjects, the Lords Spiritual and Temporal and Commons in Parliament assembled, return our most humble Thanks to Your Majesty, for Your gracious Approbation of the Share we had in bringing the Treaty of an Union between Your Two Kingdoms of England and Scotland to a happy Conclusion; a Work, that (after so many fruitless Endeavours) seems designed by Providence to add new Lustre to the Glories of Your Majesty's Reign. The Success of Your Arms having secured us from all Attempts from Abroad; and the Care Your Majesty has taken of the firm Establishment of the Protestant Succession having given a great and lasting Security to our Religion, as in the Church of England by Law established; we beg Leave humbly to assure Your Majesty, that our Endeavours shall never be wanting, to support Your Government at Home; and so to establish the Peace of this Island, that no Dispute may remain among us, but how to acknowledge, in the most dutiful Manner, the auspicious Conduct of so great and so renowned a Queen."

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend Her Majesty, humbly to know what Time She will please to appoint to be attended, with the Address of both Houses of Parliament.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act to repeal all the Laws prohibiting the Importation of Foreign Lace made of Thread;" to which they desire the Concurrence of this House.

Hide's Bill.

The Lord Bishop of Oxford reported from the Lords Committees, the Bill, intituled, "An Act for vesting a Mansion-house, and Lands thereunto adjoining, in the County of Midd'x, the Estate of William Hide Merchant, in Trustees, to be forthwith sold, for the better Maintenance and present Provision of his Children," as fit to pass, with One Amendment.

Which was read Twice, and agreed to, and the Bill ordered to be engrossed, with the said Amendment.

E. Thomond's Bill.

The Lord Halifax reported from the Lords Committees, the Bill, intituled, "An Act to enable the Right Honourable Henry Earl of Thomond, an Instant, to make a Settlement of his Estate, upon his Marriage (notwithstanding his Infancy); and for other the Purposes in the said Act mentioned," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

West Riding of York, Register Bill.

Whereas Tuesday next 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 same Register more effectual:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee thereupon, on Thursday the Thirteenth Day of this Instant March, at Eleven a Clock; and that the Judges do then attend; and no other Business to intervene.

E. Bradford's Privilege, Persons discharged.

The House being informed, "That some Persons summoned to attend this House, by Order of the Third Instant, in Relation to a Breach of the Privilege of Francis Earl of Bradford; that they had attended his Lordship, and begged Pardon:"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, that the said Order shall be, and is hereby, set aside and discharged.

Clark's Bill.

After reading, and considering, of the Report made by the Judges, upon the Bill, intituled, "An Act to enable Thomas Clarke, an Instant, to make a Lease of a House in St. Mary Ax, in London, to Sir Jeffrey Jeffreys Knight:"

It is Ordered, That the said Bill shall be read a Second Time.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Thomas Clarke, an Infant, to make a Lease of a House in St. Mary Ax, in London, to Sir Jeffrey Jeffreys Knight."

Ordered, That the Consideration of the said Bill be committed to the Lords following:

Their Lordships, or any Five of them; to meet on Saturday the Two and Twentieth Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sir T. May's Bill.

After reading, and taking into Consideration, the Report made by the Judges, upon the Bill, intituled, An Act for removing some Obstructions in the Sale of the Manor or Lordship of Rawmeere, and other Estate of Sir Thomas May Knight, in the County of Sussex; and to enable him and his Trustees to sell and dispose of the said Manor and Premises, for Payment of his Debts:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Report shall be further considered on Wednesday next.

Vachell versus Breton;

After hearing Counsel, upon the Petition and Appeal of Dorothy Vachell Widow, and of Thomas Vachell Esquire, Son and Heir of Tanfield Vachell Esquire, deceased, Defendants, from a Decree of the Court of Chancery, bearing Date the Three and Twentieth Day of July in the Thirteenth Year of His late Majesty King William the Third, made in several Causes there depending; One, wherein the said Tanfield Vachell and the Petitioner Dorothy (then his Wife) were Complainants, against Benjamine Jessreys surviving Executor of Thomas Breton Esquire, deceased, Lucy Breton Widow and Relict of the said Thomas Breton, Penelope Breton, William Breton, Charles De Fountaine and Anne his Wife, and Alice Breton an Instant, the Daughter of Francis Breton, Son of the said Thomas Breton, by her Guardian, Defendants; and the other, wherein the said Lucy Breton, William Breton, and Penclope Breton, were Complainants; and the said Benjamine Jeffreys, Tanfield Vachell, the Petitioner Dorothy (then his Wife), the said Charles De Fountaine and Anne his Wife, and Alice Breton, by her Guardian, Defendants; and from several subsequent Orders and Proceedings, grounded upon the said Decree; and praying, "That the said Decree may be reversed; and that what the Executor has paid thereupon may be restored; and that the said Lucy Breton, and William and Penelope her Children, the said Benjamine Jeffreys, Anne De Fountaine and her said Husband, and the said Alice Breton, may answer thereunto:" As also upon the Answer of Lucy Breton Widow, and William Breton Esquire, Penclope Nolan late Penelope Breton, and of Anne De Fountaine and Alice her Daughter, put in thereunto; and due Consideration of what was offered thereupon:

Judgement varied.

It is this Day Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of the Three and Twentieth Day of July in the Thirteenth Year of King William the Third, complained of in the said Appeal, and the subsequent Orders and Proceedings grounded upon the said Decree, shall be, and are hereby, reversed, so far as the same relates to the Dividends decreed to the said William and Penelope Breton; and the Fifteen Hundred Pounds, decreed to be paid to the said Tanfield Vachell, to be Part of the Personal Estate of the Testator Thomas Breton; and that what the Executor has paid to the said William and Penelope Breton, by Virtue of such Part of the said Decree so reversed, shall be restored; and as to the Residue, the said Decree and Proceedings thereupon are to stand; and the Surplus of the said Testator's Personal Estate is to be divided in the same Manner as is appointed by the Statute for settling Intestates Estates, except that the said William and Penelope are to be excluded, as aforesaid; and that the Court of Chancery do proceed to give the necessary Directions for carrying on the said Decree, as now altered by the Judgement of this House.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum diem instantis Martii, hora octava Auroræ, Dominis sic decernentibus.