House of Lords Journal Volume 16: 5 March 1700

DIE Martis, 5 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

John Earl of Bridgewater sat Speaker.

Sir Thomas Robinson's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for charging the Estate of Sir Thomas Robinson Baronet with Seven Thousand Pounds, for the Portion of Anne his Sister; and for settling her Estate upon the said Sir Thomas Robinson, in Lieu thereof."

Daubuz, Nat.

Upon reading the Petition of Charles Daubuz, and the Petition of Henry Manigaill; praying to be naturalized:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners may be naturalized, as desired.

Bastards, to prevent, &c. getting, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for preventing and punishing the begetting of Bastard Children."

ORDERED, That the Consideration of the said Bill be committed to a Committee of the whole House, on Monday next.

Delagarde & al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Isaac Delagarde, John Batero, and others."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Richard Holford and Mr. Meredith:

To carry down the said Bill, and desire their Concurrence thereunto.

Aliens Children to inherit, Bill.

The Lord Audley reported from the Lords Committees, the Bill, intituled, "An Act to enable His Majesty's natural-born Subjects to inherit the Estate of their Ancestors, Lineal or Collateral, notwithstanding their Father or Mother were Aliens," as sit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable His Majesty's natural-born Subjects to inherit the Estate of their Ancestors, Lineal or Collateral, notwithstanding their Father or Mother were Aliens."

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.

May's Bill.

The Lord Viscount Longueville reported from the Lords Committees, the Bill, intituled, "An Act to enable Thomas May Gentleman to sell Lands in the County of Suffolke, which were settled upon his Marriage; and to convey other Lands in the same County, of a greater Value, to the same Uses," as sit to pass, without any Amendment.

Jacobson & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Theodore Jacobson and others."

ORDERED, That the Consideration of the said Bill be referred to the same Committee to whom the Bill, intituled, "An Act for naturalizing John Ricard, Jacob Labbadie, and others," stand scommitted; who are to meet To-morrow, at Ten of the Clock in the Forenoon, in the Prince's Lodgings; and to adjourn as they please.

Writs of Error, Report Committee:

The Earl of Stamford reported from the Lords Committees appointed to inspect the Journals, as to the Methods of bringing and delivering Writs of Error into this House from the Courts below, the Precedents following; (videlicet,)

"8° Maii, 1621. The House being informed, by the Lord Chief Justice, "That he hath a Writ of Error at the Door, and desiring to know whether he or One of his Brethren the Judges is to fetch it in;" it was referred to the Sub-committee for the Orders and Customs of the House, to consider thereof.

"12° Maii. Upon Report from the said Committee; ordered, That the Chief Justice bring in the Record. This was in Pursuance of a Precedent 22° Ed. III.

"14° Maii. The Lord Chief Justice, first propounding it to the House, brought in the Record of the Judgement given in the King's Bench: He made Three Obeisances before he came to the Bar; and then, after Three Obeisances more, he laid it on the Lord Chancellor's Woolsack: The Clerk received the Record and Transcript, and brought it to his Table.

"26 Februarii, 1667. Mr. Justice Windham, the ancientest Judge of the Court of King's Bench in Town, brought into the House, in the usual Manner, a Writ of Error, to reverse a Judgement given in that Court against Elliot & al.

"9° Martii following, this Writ of Error is brought in by the Lord Chief Justice; and thereupon Judge Windham's Indorsement upon the Writ was cancelled."

Which were read, out of the Journals.

And, "That the Committee is of Opinion, the same Methods be observed for the future."

To which the House agreed; and made the Order following:

Writs of Error, Order concerning.

"Upon Report from the Lords Committees appointed to consider the Method of bringing and delivering Writs of Error into this House: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the same Method shall be observed and continued, upon the bringing and delivering Writs of Error into this House from the Courts below; and that the Judges of the several Courts from which Writs of Error do lie have Notice hereof."

Sir Edward Wills & al. versus French Protestant Church, Bill.

Upon reading the Petition of Sir Edward Wills and others; praying to be heard, by their Counsel, against some Clauses in the Bill, intituled, "An Act for confirming of a Lease of a Piece of Ground from the Rector and Churchwardens of the Parish of St. Martin's Orgars, London, for Liberty to build a Church therein, for the Worship and Service of GOD, in the French Tongue, according to the Usage of the Church of England:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; who are to hear the Petitioners by their Counsel.

River Larke, alias Burne, navigable, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making the River Larke, alias Burne, navigable."

D. of Norfolk's Bill, for a Divorce, Counsel, &c. heard.

Counsel and Witnesses being called in for the Dutchess of Norfolke, and the Duke's Counsel being present; the Examinations of the Witnesses, taken Yesterday in Shorthand, and transcribed, were read to them, and subscribed.

Then the Counsel for the Dutchess prayed, "That Mackdonnell may be examined, as to the withdrawing Witnesses; and that it be taken in Writing."

Which was agreed to; and he examined.

Then, Mrs. Pitts being called for, and not appearing;

William Godfrey was sworn, and said to this Effect:

"I went to serve Mrs. Pitts on Friday Morning. When I came to her House, there was nobody. A Woman with a Pitcher of Water went in; I asked her for Mrs. Pitts. She said, "She was not at Home." I shewed her the Order, and left her a Copy of it on the Table. She was loath to receive it; she said, "The Lady would be within quickly:" The Woman's Name was Olivett. The last Night I went again; and a Woman came out, and said, "Mrs. Pitts was not at Home." Then she spake in French to me; I did not understand her. I left a Note, for her to attend this Day."

Then the Dutchess's Counsel prayed, "That some Agreements between the Duke and Dutchess, in 1694, may be read, out of the Deeds executed for that Purpose."

Which was agreed to.

And, being read accordingly, and after the Examination of Mr. Francis Negus, he being before sworn; the Dutchess's Counsel declared, "They had finished their Evidence."

Whereupon the Duke's Counsel desired to call a Witness or Two, to support Nicholas Hauseur's Reputation.

William Allen was sworn, and examined.

The Duke's Counsel moved for Copies of the Examinations and Journals.

Which was granted.

Then the Counsel withdrew; and the following Orders were made:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Copies of the Examinations signed by the Witnesses this Day, and Entry in the Journal, be delivered to either Side; and that the Examinations, taken this Day in Short-hand, be transcribed, in order to be read to the Witnesses To-morrow."

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, at Twelve of the Clock, this House will proceed to hear the Examinations, taken this Day, read to the Witnesses, relating to the Duke and Dutchess of Norfolke; and all the Lords summoned to attend."

Adjourn.

Joh'es Comes Bridgewater, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in sextum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.