House of Lords Journal Volume 18: 31 March 1708

DIE Mercurii, 31 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Langdale's Commitment for Recusancy; Resolution that it is no Breach of Privilege;

The Lord Herbert reported from the Lords Committees for Privileges, "That they had considered the Letter referred to them, from the Lord Langdale: and are of Opinion, That, in the Case of the Lord Langdale, referred to their Lordships Consideration, there is no Breach of Privilege."

Amendment proposed to it;

And it being proposed, to add the Words following; (videlicet,) ["He not having qualified himself to sit in Parliament, by taking the Oaths and Test, pursuant to the Statutes."]

After Debate;

The Question was put, "Whether the said Words shall be added?"

It was Resolved in the Negative.

Protest against rejecting it:

"Dissentient.
"Thanet.
Buckingham.
"Plimouth.
"Scarsdale.
"Guilford.
"Haversham."

Deputy Lieutenants, &c. to be acquainted, that they did their Duty in committing L. Langdale.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Duke of Newcastle, Lord Privy Seal, Lord Lieutenant of The East Riding in the County of York, be desired to signify to his Deputy Lieutenants, "That it is the Sense of this House, that they have done their Duty, in confining the Lord Langdale, pursuant to the Address of both Houses to Her Majesty, and the Order of Council directed to his Grace thereupon; and to thank them for their Care in this Affair."

Message from H. C. with a Bill.

A Message from the House of Commons, by the Lord William Pawlett and others:

Who brought up a Bill, intituled, "An Act for redressing and preventing several Frauds and Practices relating to Her Majesty's Duties upon stamped Vellum, Parchment, and Paper; and reducing the Number of Attornies and Solicitors practising in the Courts at Westminster;" to which they desire the Concurrence of this House.

Stamp Duties, and reducing the Number of Attornies, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for redressing and preventing several Frauds and Practices relating to Her Majesty's Duties upon stamped Vellum, Parchment, and Paper; and reducing the Number of Attornies and Solicitors practising in the Courts at Westminster."

Message from H. C. to return the E. of Bindon's Bill.

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

To return the Bill, intituled, "An Act to enable the Right Honourable the Countess of Bindon, together with the Right Honourable Henry Earl of Bindon her now Husband, to make Leases of the Manor and Town of Carlowe, in the County of Catherlagh and Queen's County, in the Kingdom of Ireland; and for the evidencing of the Settlements made by Henry late Earl of Thomond;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Message from thence, for a Conference, on the Bill for repealing a Clause relative to Waggoners, &c.

A Message was brought from the House of Commons, by Sir Robert Davers and others:

To desire a Conference, upon the Subject-matter of the Lords Amendments to the Bill, intituled, "An Act to repeal a Clause in an Act of the Seventh Year of the Reign of His late Majesty (for amending and repairing the Highways), which enjoins Waggoners and others to draw with a Pole between the Wheel Horses, or with Double Shafts; and to oblige them to draw only with Six Horses, or other Beasts, except up Hills."

To which the House agreed.

Conference appointed.

Then the Messengers were called in; and told, "That the Lords agree to a Conference as desired; and appoint it To-morrow, at Eleven a Clock, in the Painted Chamber."

Message from H. C. to return Killingworth's Bill.

A Message was brought from the House of Commons, by Sir Henry Dutton Colt and others:

To return the Bill, intituled, "An Act for the Sale of a Piece of Ground, late of John Killingworth Esquire, deceased, on which stood several old and decayed Tenements; and applying the Purchase-money for the Benefit of his Wife and Daughters;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Sir W. Windham's Bill:

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act to enable Sir William Windham, of Orchard Windham, in the County of Somerset, Baronet, to make a Marriage Settlement, and for other Purposes therein mentioned, during his Minority," as fit to pass, with One Amendment.

Which was read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Sir William Windham, of Orchard Windham, in the County of Somerset, Baronet, to make a Marriage Settlement, and for other Purposes therein mentioned, during his Minority."

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

It was Resolved in the Affirmative.

Message to H. C. with an Amendment to it.

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

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

Sir J. Wentworth's Bill.

After reading, and considering, the Report of the Judges, to whom was referred the Consideration of the Bill, intituled, "An Act for explaining and amending a Proviso and Power, for enabling Sir John Wentworth Baronet, and his Brothers, to make a Wife a Jointure:"

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

Hodie 2^a vice lecta est Billa, intituled, "An Act for explaining and amending a Proviso and Power, for enabling Sir John Wentworth Baronet, and his Brothers, to make a Wife a Jointure."

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

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.

Bank of England, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for regulating the Qualifications of the Elections of the Governor, Deputy Governor, Directors, and Voters, of the Governor and Company of The Bank of England."

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

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

Equivalentmoney, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the further directing the Payment of the Equivalentmoney."

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

Forfeited Estates in Ireland, to limit Time for Claims to, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for limiting a Time for Persons to come in and make their Claims to any of the forfeited Estates, and other Interests in Ireland, sold by the Trustees for Sale of those Estates to the Governor and Company for making hollow Sword-blades in England, and divers other Purchasers."

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

Coffee, &c. Duties continued upon Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing several Duties, therein mentioned, upon Coffee, Chocolate, Spices, Pictures, and Muslins, and additional Duties upon several of the said Commodities, and certain Duties upon Callicoes, China Wares, and Drugs; and for continuing the Duties called the Two-Third Subsidies of Tonnage and Poundage, for preserving the Public Credit; and for ascertaining the Duties of Coals exported for Foreign Parts; and for securing the Credit of the Bank of England; and for passing several Accompts of Taxes raised in the County of Monmouth; and for promoting the Consumption of such Tobacco as shall have paid Her Majesty's Duties."

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

Then the House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed.

And the Lord Guilford 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 to proceed therein."

Ordered, That the House be put into a Committee, to proceed further on the said Bill, To-morrow, at Eleven a Clock.

Parke's Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to empower the Lord High Treasurer of Great Britain, or Commissioners of the Treasury, to compound with Richard Parke, Citizen and late Merchant of London, for a Debt due to Her Majesty."

After some Time, the House was resumed.

And the Lord Guilford 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 empower the Lord High Treasurer of Great Britain, or Commissioners of the Treasury, to compound with Richard Parke, Citizen and late Merchant of London, for a Debt due to Her Majesty."

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

It was Resolved in the Affirmative.

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

Message from H. C. for a Conference, on the Bill for Encouragement of Trade to America:

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

To desire a Conference, upon the Subject-matter of the Amendments made to the Bill, intituled, "An Act for the Encouragement of the Trade to America."

To which the House agreed.

Conference appointed:

Then the Commons were called in; and told, "That the Lords agree to a Conference, as desired; and appoint it presently, in the Painted Chamber."

The Lords following were appointed Managers; (videlicet,)

The Managers of the Conference for the House of Commons being come; the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

Conference reported.

And the Earl of Rochester reported, "That they had attended the Conference; and that the Commons agree to the First Amendment made by this House; as also to the Amendment made to the Rider, with an Amendment; and to the Clause marked (C).

"But to the Clauses (A) and (B) they disagree."

The Clauses (A) and (B), to which the Commons disagreed, were read, and agreed to be left out.

Message to H. C. that the Lords don't insist on their Amendments, but agree to the one made by the Commons.

Then, a Message was sent to the House of Commons, by Mr. Medlycott and Mr. Fellowes:

To acquaint them, that the Lords do not insist on their Amendments made to the said Bill in Clauses (A) and (B); but do agree to the Amendment made by the Commons to their Lordships Amendment made to the said Bill.

Calthorpe & al. versus Kent & al.

Upon reading the joint Answer of Reynolds Calthorpe Esquire and Samuel Batteley Gentleman, to the Petition of John Kent and William Harrison, on Behalf of themselves and others, Vendees of the Woods mentioned in the Appeal brought by the said Reynolds Calthorpe and Samuel Batteley, heard and determined by this House the Fifth Day of December last:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of John Kent and William Harrison, in Behalf of themselves and the other Vendees of the Woods in the Appeal mentioned, shall be, and is hereby, rejected.

Message from H. C. to return Sir W. Windham's Bill.

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

To return the Bill, intituled, "An Act to enable Sir William Windham, of Orchard Windham, in the County of Somerset, Baronet, to make a Marriage Settlement, and for other Purposes therein mentioned, during his Minority;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, primum diem Aprilis jam prox. futur. hora undecima Auroræ, Dominis sic decernentibus.