House of Lords Journal Volume 18: 5 February 1708

DIE Jovis, 5 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message to H. C. for Sir Staff. Fairborne and others to attend.

A Message was sent to the House of Commons, by Mr. Hiccocks and Mr. Fellowes:

That the Lords, having the War of Spain under Consideration, desire that Sir Stafford Fairborne, Sir George Bing, and Sir John Jennings, (Members of the House of Commons) may have Leave to come to the House of Lords in relation to that Matter.

Elye's Petition referred to Judges.

Upon reading the Petition of John Elye and Elizabeth his Wife; praying Leave to bring in a Bill, for vesting of the Estate in the Bill mentioned, in the County of Lincoln, in Trustees, to sell so much thereof as shall be requisite for the Payment of the Petitioner's John Elye's Debts; and that the Residue thereof may be settled upon the Petitioners for their Lives, with Remainders over, as is usual in Marriage Settlements; and that the Petitioner Elizabeth's Estate may be settled in Lieu of such Part of her Husband's Estate in the said County of Lincoln as shall be so sold:

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 Tracey and Mr. Baron Smith; 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 Consequenees of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Representation of the Commons of Ireland, &c. against the late Trustees; and Papers concerning them laid before the House.

The Earl of Sunderland, by Her Majesty's Command, laid before this House, "A Copy of the Representation of the Commons of Ireland, complaining of the oppressive Proceedings of the late Trustees:" And also,

"A List of Receivers to the late Trustees, with the Balances returned upon them to the Commissioners of the Revenue; together with the Proceedings against them for Recovery thereof:" And also,

"A List of forfeited Judgements, &c. (fn. 1) and returned by the Trustees to the Commissioners of the Revenue; together with the Proceedings that have been had thereupon:" And also,

"A List of the Arrears of Rent, delivered by the late Trustees to the Commissioners of the Revenue; together with the Proceedings that have been had thereupon."

"A Cash Accompt, and the Commissioners of the Revenue their Representation to his Excellency the Earl of Pembroke, Lieutenant General and General Governor of Ireland."

Union more complete, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for rendering the Union of the Two Kingdoms more entire and complete."

Ordered, That the said Bill be committed to a Committee of the whole House.

After Debate;

The Question was put, "Whether this House shall be now put into a Committee?"

It was Resolved in the Affirmative.

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

After some Time, the House was resumed.

And the Lord Bishop of Salisbury reported, "That the Committee had made some Progress in the Bill; and desired another Time may be appointed, for the House to be in a Committee again, to proceed further therein."

Ordered, That on Saturday next, at Eleven a Clock, this House shall be put into a Committee again, to proceed further on the Bill, intituled, "An Act for rendering the Union of the Two Kingdoms more entire and complete;" and all the Lords summoned.

Church Statutes, Bill.

Ordered, That on Saturday next, the Bill, intituled, "An Act for the avoiding of Doubts and Questions touching the Statutes of divers Cathedral and Collegiate Churches," shall be read a Second Time.

Sir Staf. Fairbone & al. Leave to attend.

The Messengers sent to the House of Commons return Answer:

That the Commons do give Leave for their Members to attend, as desired, if they think fit.

Ld. Bellew versus Kelly & al.

Whereas the Ninth Instant was appointed to hear the Cause wherein Richard Lord Bellew is Appellant, and Dennis Kelly and his Wife Respondents; as also the Cross Appeal of Dennis Kelly and his Wife, and the Answer of the Lord Bellew put in thereunto: The House being moved, "That a further Day may be appointed for hearing the said Causes; the Lord Bellew having been sick, and not yet arrived from Ireland:"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Causes, by Counsel, at the Bar, on Monday the Twenty-third Day of this Instant February, at Eleven a Clock.

French versus Chichester & al.

Whereas Saturday next was appointed for hearing the Cause wherein John French Esquire is Appellant, and Arthur Chichester and others 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, on Monday next, at Eleven a Clock, and all other Causes removed in Course.

War in Spain.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That on Monday next, at Twelve a Clock, this House shall be put into a Committee again, to proceed further in Consideration of the State of the Nation, in relation to the War in Spain, and the Papers relating thereunto, next after the Cause appointed for that Day.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.