House of Lords Journal Volume 18: 4 April 1707

DIE Veneris, 4 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Baines' Bill:

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for rectifying a Mistake, and for supplying the Defects, in an Act of the Third Year of Her Majesty's Reign, for Sale of the Estate late of Edward Baines, for Discharge of a Mortgage thereupon, and for making Provision for his Daughters," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act for rectifying a Mistake, and for supplying the Defects, in an Act of the Third Year of Her Majesty's Reign, for Sale of the Estate late of Edward Baines, for Discharge of a Mortgage thereupon, and for making Provision for his Daughters."

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 Sir Robert Legard and Mr. Meddlicott:

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

Mathews & al. versus Rice's Bill.

Upon reading the Petition of Thomas Mathews and John Wetton, both of Tudbury, in the County of Stafford; praying to be heard by their Counsel, against the Bill, intituled, "An Act for obliging John Rice to accompt for Debentures granted him in the last Session of Parliament:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by their Counsel, To-morrow, before the Second Reading of the said Bill.

Aynsworth's Bill.

The Earl of Rochester reported, from the Lords Committees, the Bill, intituled, "An Act for the better Discovery of the Estate of John Aynsworth, late of London, Merchant," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, "intituled, "An Act for the better Discovery of the Estate of John Aynsworth, late of London, Merchant."

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.

Message to H. C. for Rice to have Leave to attend his Bill, and for Papers relative to it.

A Message was sent to the House of Commons, by Sir Robert Legard and Mr. Meddlicott:

To acquaint them, that this House having under Consideration a Bill sent up from the House of Commons, intituled, "An Act for obliging John Rice to accompt for Debentures granted to him in the last Session of Parliament;" and the said Rice having petitioned to be heard on the said Bill, and to have Liberty to attend his Counsel in the mean Time: Their Lordships desire that the said John Rice, who (as they are informed) is in Custody of the Serjeant at Arms attending their House, may be permitted and ordered to attend his Counsel accordingly: and to appear at the Bar of this House when desired; and that their House will transmit to their Lordships such Papers as are now before them, relating to the Matter of the said Bill.

Cross's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Lord High Treasurer, or Commissioners of the Treasury, for the Time being, to compound with John Crosse Merchant, and his Sureties, for the Debt owing by him to Her Majesty."

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

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

Wandesford and Foulk's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Relief of Elizabeth Wandesford and Elizabeth Foulke."

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

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

Pye's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Lord High Treasurer, or Commissioners of the Treasury, for the Time being, to compound with John Pye Gentleman and his Sureties, for the Debt by him and them owing to Her Majesty."

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

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

Perry versus Mervin.

After hearing Counsel, upon the Petition and Appeal of Mary Perry Widow and John Perry, surviving Executors of Benjamine Perry the Elder, deceased, (the said John being also Executor of Benjamine Perry the Younger, deceased,) Dennis Funicane, Edith his Wife, John Funicane and Elizabeth his Wife, John Bunce and Rebecca his Wife, (which said Edith, Elizabeth, and Rebecca, are the Daughters of the said Benjamine Perry the Elder,) and Walter Smith, Son and Administrator of Mary Smith, One of the Daughters of the said Benjamine the Elder, from Two several Decrees, or Decretal Orders, made in the High Court of Chancery in Ireland, on the Fourth Day of December One Thousand Seven Hundred and Four, and the Twelfth Day of December One Thousand Seven Hundred and Five, in a Cause wherein the Petitioners were Plaintiffs, and Hugh Mervin and Edward Reily Esquire Defendants; and praying, "That the said Orders or Decrees, so far as the same concern and relate to the retrenched Lands, may be reversed:" And also upon the Answers of the said Hugh Mervin and Edward Reily put in thereunto; and due Consideration of what was offered thereupon:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Mary Perry Widow, and John Perry, and the other Appellants before mentioned, shall be, and is hereby, dismissed this House; and that the Decrees, or Decretal Orders, therein complained of, shall be, and they are hereby, affirmed.

Answer from H. C. about Rice:

The Messengers sent to the House of Commons return Answer:

That they have ordered the Serjeant at Arms attending them to permit John Rice to attend his Counsel, and to appear at the Bar of the House of Lords, when the Lords do desire it. And as to such Papers as were before the House of Commons, they are, by Order of the House, delivered to the respective Parties who delivered the same in.

Persons to attend with Papers concerning his Bill.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Sir William Robinson, Deputy to the Paymaster of Ireland, or his Clerk, do attend this House To-morrow, at Ten a Clock, with the Books of Accompts, wherein the Payments to the Irish Forces after the Surrender of Lymrick are entered; and also that all Books and Papers, which have been produced on Mr. Rice's Bill, be then brought to this House.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That John Rice do attend this House To-morrow, at Ten a Clock.

Blake & al. versus Sir H. Johnson.

Whereas this Day was appointed, for hearing the Cause between the Creditors and Legatees of the late Lord Lovelace and Sir Henry Johnson and his Lady:

It is Ordered, That this House will hear Counsel thereupon, on Monday next, at Ten a Clock.

Messages from H. C. with a Bill; and to return King's Bill.

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

Who brought up a Bill, intituled, "An Act for continuing several Subsidies, Impositions, and Duties, and for making Provisions therein mentioned, to raise Money, by Way of Loan, for the Service of the War, and other Her Majesty's necessary and important Occasions, and for ascertaining the Wine Measure;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir Francis Masham and others:

To return the Bill, intituled, "An Act for the Sale of certain Lands contained in the Marriage Settlement of Daniel King and Jane his Wife; and for purchasing other Lands, of the same or greater Value, to be settled to the same Uses; also for giving Liberty to Jane Nicoll Widow, and the Executors of Sir Wm. Prichard, to pay Two Sums, of Four Thousand Pounds and Two Thousand Pounds, mentioned in the said Settlement, in the Life-time of the said Jane Nicoll;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Bankrupt Act, to amend, Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain and amend an Act of the last Session of Parliament, for preventing Frauds frequently committed by Bankrupts."

After some Time, the House was resumed.

And the Clauses offered at the Bar, as Amendments to the Bill, being severally read, were disagreed to by the House.

Then the House was again adjourned during Pleasure, and put into a Committee on the said Bill.

After some Time, the House was resumed.

And the Earl of Stamford reported, "That the Committee 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 to explain and amend an Act of the last Session of Parliament, for preventing Frauds frequently committed by Bankrupts."

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.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, quintum diem instantis Aprilis, hora nona Auroræ, Dominis sic decernentibus.