House of Lords Journal Volume 18: 28 March 1707

DIE Veneris, 28 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Pendarvis's Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for Relief of Alexander Pendarvis Esquire, in relation to Five Thousand Pounds, and Interest, provided for him out of Lands in Ireland.

Ordered, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Tuesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Wilts Highways,Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Highways between Sheppard Shord and The Devizes, and between the Top of Ashlington Hill and Rowdford, in the County of Wilts."

Ordered, That the Consideration of the said Bill be referred to the Lords Committees abovenamed.

Their Lordships, or any Five of them; to meet To-morrow, at the same Time and Place.

Message from H. C. to rereturn the Minister of Tettenhall's Bill.

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

To return the Bill, intituled, "An Act for the better Support and Maintenance of the Minister of Tettenhall, in the County of Stafford, for the Time being; and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Small Livings, to discharge of First Fruits, Bill.

The House (pursuant to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for discharging small Livings from their First Fruits and Tenths, and all Arrears thereof."

After some Time, the House was resumed.

And the Lord Bishop of Norwich reported, "That the Committee of the whole House had gone through the said Bill; and think it fit to pass, without any Amendment."

Hodie 3^a vice lecta est Billa, intituled, "An Act for discharging small Livings from their First Fruits and Tenths, and all Arrears thereof."

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.

Weedon's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of some Part of the Estate of John Weedon, of Souldern, in the County of Oxon, Esquire, for Payment of his Father's Debts and Legacies, and Portions to his Younger Children; and for settling the rest of his Estate to the Uses of his Father's voluntary Settlement."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Gery and Mr. Rogers:

To return the said Bill, and desire their Concurrence to their Lordships Amendments made thereto.

No Clause to be annexed to a Money Bill, foreign to the Matter of the Bill.

The House taking into Consideration the Order and Declaration of this House, of the Ninth of December One Thousand Seven Hundred and Two, against the annexing any Clause, or Clauses, to a Bill of Aid or Supply, the Matter of which is foreign to, or different from, the Matter of the said Bill of Aid or Supply:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order and Declaration shall be entered again in the Journal of this House, that such Lords of this House as have not signed the same may sign the same, if they think fit.

Which Order is as follows; (videlicet,)

"It is Ordered, and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the annexing any Clause, or Clauses, to a Bill of Aid or Supply, the Matter of which is foreign to, and different from, the Matter of the said Bill of Aid or Supply, is Unparliamentary, and tends to the Destruction of the Constitution of this Government.

"Greenwich.
Westmorland.
Bindon.
Jo. Landaffe.
Gainsborough.
Grafton.
Cowper, C. S."

Blake & al. versus Johnson & al.

The Earl of Rochester reported from the Lords Committees, appointed to consider of the whole Proceedings upon the Petition and Appeal of Daniel Blake and others; and the Answer of Sir Henry Johnson and his Wife put in thereunto; and to state Matter of Fact, and report their Opinion thereupon to the House; (videlicet,)

"That their Lordships find, that, on the First of February One Thousand Seven Hundred and Four, a Petition of Sir Henry Johnson and Martha Baroness of Wentworth his Wife was read; complaining against the several Decrees and Orders, bearing the Dates following; (videlicet,) One of them, the First of February in the Twelfth Year of King William the Third; another of them, the Seventh of November in the Thirteenth Year of the said King; another, of the First of May in the Third Year of Her now Majesty's Reign; and another of them, the Twentieth of January One Thousand Seven Hundred and Four; made in the Court of Chancery, in a Cause wherein the said Daniel Blake and other Creditors of the late Lord Lovelace were Plaintiffs, and the Petitioners and Henry Fane and Henry Nevill, Infants, by their Guardian, and others, were Defendants; and praying, That the said Blake, and the other Creditors and Legatees of the said Lord Lovelace, might answer the said Petition; it was ordered, "That they should put in their Answer or respective Answers thereunto, in Writing."

"That, the said Creditors and Legatees having accordingly put in their Answer to the said Petition, Counsel was heard on both Sides, on the Nineteenth and Twentieth of the said February; when, on due Consideration of what was offered, it was ordered and adjudged, "That the said Petition and Appeal should be dismissed; and that all the Decrees and Orders therein complained of should be affirmed; and that the said Sir Henry Johnson should pay to the Creditors and Legatees of the said Lord Lovelace Fifty Pounds, for their Costs."

"That, on the Eighth of November One Thousand Seven Hundred and Five, a Petition of the said Blake and others, Creditors of the said late Lord Lovelace, and of Mr. Nevill and others, Executors of his Lordship's last Will, and of Mr. Fane and others, Residuary Legatees in the said Will, was read; complaining against several Decrees or Orders made in the Court of Chancery; (videlicet,) One Decree, or Decretal Order, made in a Cause wherein the said Blake and the other Creditors were Plaintiffs, and Sir Henry Johnson and his Wife and others were Defendants, bearing Date the First of February in the Twelfth Year of King William the Third; another, dated the Ninth of August, and another, the Seventh of November in the Thirteenth Year of His said Majesty's Reign; and another Decree or Order in the same Cause, dated the First of May in the Third Year of Her present Majesty; and another Order, bearing Date the Eleventh of July in the said Third Year; and also against another Decree, or Decretal Order, made in a Cause wherein the said Executors and Residuary Legatees were Plaintiffs, and the said Sir Henry Johnson, his Wife, and others, were Defendants, bearing Date the Ninth of February in the Second Year of Her present Majesty; and praying, That so much of the said Decrees, Orders, and Proceedings, as charge the Manor of Hurly and Berkshire Estate with Five Thousand Pounds and Interest, Three Thousand Pounds and Interest, and Mr. Boil's Mortgage Debt and Interest, may be reversed: It was ordered, "That Sir Henry Johnson and his Wife should put in an Answer there unto, in Writing."

"Their Lordships do not find that any Answer was put in that Session: But their Lordships find, that, on the Fourth of December One Thousand Seven Hundred and Six, a Petition of the said Blake and the other Creditors of the said Lord Lovelace, and of Richard Nevil Esquire and others the Executors and Legatees of his Lordship's last Will, and of Henry Grey and Henry Fane, Residuary Legatees of the said Will, was read; shewing, "That they, in the last Session of Parliament, (videlicet,) on the Eighth of November One Thousand Seven Hundred and Five, exhibited their Appeal against Part of several Decrees and Orders made in Chancery, in a Cause there depending, between the said Creditors Plaintiffs, and the said Sir Henry Johnson and others Defendants; and in another Cause, wherein the said Executors and Legatees of the said Will were Plaintiffs, and the said Sir Henry Johnson and others were Defendants; and that the said Sir Henry Johnson and his Wife were ordered to put in an Answer thereunto, which they have not done; and praying, That their said Petition of Appeal, of the Eighth of November One Thousand Seven Hundred and Five, may be revived:" It was ordered, "That the said Sir Henry Johnson and his Wife should put in an Answer to the same, on the Eighteenth of the said December."

"That their Lordships find, that, on the Twentieth of February last, the said Sir Henry Johnson and his Wife put in an Answer to the said Petition; therein setting forth, "That this House did, on the Twentieth of February One Thousand Seven Hundred and Four, dismiss their Appeal brought in the First Day of the said February; and affirmed the Orders and Decrees therein complained of; which Orders and Decrees did relate (as the said Sir Henry Johnson did therein alledge) to the Matters touching which the now Appeal of the said Creditors, Executors, and Legatees, seek Relief; and also representing, as if the Orders or Decrees (which the Appellants pray may be reversed) tend to call in Question the very Matters contained in the Orders and Decrees which were so affirmed; and also shewing, That, since the lodging of the now Petition and Appeal in this House, they are come to an Agreement in Writing, which the Appellants the Creditors of the late Lord Lovelace, and the Respondents Sir Henry Johnson and his Wife, are consenting and desirous should be established and affirmed by this Honourable House; but they hope, that so much of the said now Appeal as, they conceive, tends to reverse or alter any of the Decrees or Proceedings thereon, with respect to the other Appellants the Executors and Legatees of the said Lord Lovelace, shall be dismissed.

"That, on the One and Twentieth of February One Thousand Seven Hundred and Six, it was ordered, "That the Cause wherein the Creditors of the late Lord Lovelace and others are Appellants, and Sir Henry Johnson and his Lady are Respondents, shall be heard on the Fourth of this present March."

"That their Lordships find, that the said Agreement, alledged to be made with the said Creditors, hath not comprehended the Matters complained of by the Executors and Legatees; namely, as to the said Five Thousand Pounds and Interest, Three Thousand Pounds and Interest, and Mr. Boyl's Mortgage Debt and Interest; and that these Points have not yet been under the Consideration of this House."

Whereas, upon Report made by the Lords Committees appointed to consider of the whole Proceedings upon the Petition and Appeal of Daniel Blake and others, and the Answer of Sir Henry Johnson and his Wife put in thereunto, and to state Matter of Fact, and report their Opinion thereupon to the House, it appears, that their Lordships do find, "That (fn. 1) in the Agreement alledged to be made with the Creditors of the late Lord Lovelace, there is not comprehended the Matters complained of by the Executors and Legatees; namely, as to the Five Thousand Pounds and Interest, Three Thousand Pounds and Interest, and Mr. Boyle's Mortgage Debt and Interest; and that those Points have not yet been under the Consideration of this House:" As also upon reading the Petition of the Creditors of the late Lord Lovelace, deceased; praying, "That the Decrees, Orders, and Proceedings, complained of in their Petition and Appeal, may be so far affirmed, as to establish and confirm the Agreement between them and the said Sir Henry Johnson and the Lady Wentworth his Wife, and their Trustees:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel for the Creditors of the said late Lord Lovelace; as also Counsel for Sir Henry Johnson and his Wife; and Counsel for the Executors and Legatees (as to Three Points contained in the said Report; (videlicet,) the Five Thousand Pounds and Interest, Three Thousand Pounds and Interest, and Mr. Boile's Mortgage Debt and Interest) on Wednesday next, at Eleven a Clock.

Brerewood against Brerewood's and Pitkin's Bill:

Upon reading the Petition of Thomas Brerewood; praying to be heard against the Bill, intituled, An Act to subject the Estate of Thomas Brerewood to the Creditors of Thomas Pitkin, notwithstanding any Agreement or Composition made with the Creditors of the said Thomas Pitkin:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners, or any others concerned in Interest, may be heard, at the Bar of this House, by One Counsel for each Petition, against the said Bill, on Monday next, at Ten a Clock; as also the Creditors, by Two Counsel for the Bill, before the Second Reading thereof; and that, after that Day, no Person whatsoever shall be heard for or against the said Bill by their Counsel; and this Order to be affixed on the Doors of this House and Westminster Hall.

Coggs & al. against it.

Upon reading the Petition of John Coggs and John Dann, Goldsmiths; praying to be heard, against the Bill, intituled, "An Act to subject the Estate of Thomas Brerewood to the Creditors of Thomas Pitkin, notwithstanding any Agreement or Composition made with the Creditors of the said Thomas Pitkin:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by One Counsel, against the said Bill, on Monday next, at Ten a Clock.

Wilcocks against it; and

Upon reading the Petition of George Wilcocks; praying to be heard, against Part of the Bill, intituled, "An Act to subject the Estate of Thomas Brerewood to the Creditors of Thomas Pitkin, notwithstanding any Agreement or Composition made with the Creditors of the said Thomas Pitkin; and that so much of the said Bill as relates to him be left out:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard, by One Counsel, upon his said Petition, on Monday next, at Ten a Clock, against Part of the said Bill, according to the Prayer of his Petition.

Miles against it.

Upon reading the Petition of Michael Miles, of London, Upholster; praying to be heard, against the Bill, intituled, "An Act to subject the Estate of Thomas Brerewood to the Creditors of Thomas Pitkin, notwithstanding any Agreement or Composition made with the Creditors of the said Thomas Pitkin:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard, by One Counsel, against the said Bill, on Monday next, at Ten a Clock.

Merchants London versus Bankrupts Bill.

Upon reading the Petition of several Merchants and Citizens of London, on Behalf of themselves and others; praying to be heard, against the Bill, intituled, "An Act to explain and amend an Act of the last Session of Parliament, for preventing Frauds frequently committed by Bankrupts:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners, or any others concerned in Interest, may be heard, at the Bar of this House, by One Counsel for each Petition, against the said Bill, on Monday next, at Ten a Clock, before the Second Reading thereof; and also Counsel for the Bill.

Housebreakers Bill.

The House (pursuant to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the encouraging the Discovery and apprehending of House-breakers."

After some Time, the House was resumed.

And the Earl of Stamford reported, "That the Committee of the whole House had made some Progress in the Bill; and desire another Time may be appointed, for the House to be in a Committee again, to proceed therein."

Ordered, That the House be put into a Committee again, to proceed further on the said Bill, on Thursday next, at Eleven a Clock.

Libels, pretended to be Minutes of this House, Report about:

The Lord Bishop of Oxford reported from the Lords Committees appointed to consider of Libels, pretended to be Minutes of the Proceedings of the House of Lords, "That Allen, now in Custody, says, "He had the News from William Bond, a Coffee-man in The Court of Requests;" and that the Committee is of Opinion, That Allen and Bond are, in Fact, guilty of dispersing the Libels."

Bond attached:

Upon Report from the Lords Committees appointed to consider of Libels lately dispersed, pretended to be Minutes of the Proceedings of the House of Lords, "That, upon Examination, they find that William Bond is guilty of dispersing the said Libels:"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod do forthwith attach the Body of the said William Bond, and keep him in safe Custody until further Order; and this shall be a sufficient Warrant on that Behalf.

To Sir David Mitchell, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Allen reprimanded, and discharged.

This Day Ephraim Allen, in Custody of the Gentleman Usher of the Black Rod, for writing and dispersing Libels, called, "The Minutes of the House of Lords," being brought in, and reprimanded at the Bar upon his Knees, and begging Pardon of the House:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Ephraim Allen shall be, and is hereby, discharged (paying his Fees); and this shall be a sufficient Warrant on that Behalf.

To Sir David Mitchell, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, tricesimum primum diem instantis Martii, hora decima Auroræ, Dominis sic decernentibus.